Criminal Law and Procedure

What is a Plea Bargain?

A plea bargain is a deal between the prosecution and defendant. A plea bargain is where a person admits guilt in exchange for a benefit in return. There are two ways to resolve a criminal case – either through a plea or by challenge by defendant, such as motions or trial. A plea bargain is the most common type of resolution. This is because a plea bargain provides the defendant with certainty about the outcome and known benefits. […]

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Court Upholds Police Practice of Pulling Over Uninsured Drivers Based on LEIN Info

The Court of Appeals said police may pull over cars that the Law Enforcement Information Network shows has no insurance. This is from People v. Mazzie. What Happened in the Case The case was based on a traffic stop made by Monroe City Police Officers. The officers stopped the car because the Law Enforcement Information Network (LEIN) showed that the vehicle had no insurance. Defendant was a front seat passenger in the car. Police later found cocaine in […]

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Universities Must Allow Cross Examination in “he-said she-said” Sex Misconduct Cases, Court Says

Colleges must provide an opportunity for cross examination in sexual misconduct cases where credibility of the parties is the main issue. This was the opinion of the federal Sixth Circuit Court of Appeals when it found in favor of a college student accused of sexual misconduct. You can read the full case here. This case will have a great impact on the way colleges in Michigan conduct sexual misconduct hearings. What Happened in the Case John Doe and […]

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What Happens in a Domestic Assault Case

If you’re reading this article either you or someone close has been charged with domestic assault. This is an overview of the law and your options in a domestic assault case. What is an Assault and Battery? This is how I explain an assault and battery to people. A battery is when I punch someone. An Assault is when I threaten to punch someone and have the present ability to carry out the threat, or a tried to […]

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Recent Court of Appeals Cases

Here is snapshot of several recent Michigan Court of Appeals cases. People v. Edwards: The Court vacated a conviction for lying to a police officer in an operating while intoxicated case. The Court based its opinion on the officer’s failure to inform the Defendant he was under investigation for a drinking and driving offense. Although an unpublished opinion, the reasoning is important for OWI cases. People v. Mazzie: In this published opinion, the Court ruled that officers may […]

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Updated Law Helps People Keep Their Criminal Record Clean After an Arrest

An updated Michigan law helps people keep their criminal record clear. A Little Background First When a person is arrested, the record of that arrest and the person’s fingerprints is sent to the Michigan State Police. The arrest record goes on the person’s criminal record. The arrest portion of the record could only be destroyed when a person received a not guilty verdict at trial. (Certain plea bargains seals a person’s record too). This left a gap in […]

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Updated Law Protects Drivers From Old Unfair Traffic Tickets

Today a new law goes into effect that will protect drivers from an unfair traffic ticket that was on the books for decades. The Old Law Michigan law requires a car’s license plate to be clearly visible. A police officer could pull you over and write a ticket where your license plate is even partially unreadable. MCL 257.225(2). This means a police officer could pull over a driver whenever a car has some sort of attachment, such as […]

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What the Supreme Court Michigan Gun Owners Case Means For Your Gun Rights

The recent Michigan Supreme Court in Michigan Gun Owners v. Ann Arbor Public Schools frees school districts to make rules regarding guns on school grounds. The case involved two school districts, Ann Arbor and Clio, which ban the “open-carry” of guns on school grounds. Both school districts already allowed concealed weapons to the extent the law allowed. The school districts were sued because of this policy. What is “Open-Carry?” Michigan is what’s called an open-carry state. This means […]

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Protecting Your Gun Rights

Here are several ArborYpsi Law firearms law articles to will help you navigate your Second Amendment rights. Stay safe and know the law to protect yourself and your rights. Drinking and Your Concealed Pistol License Drinking and firearms don’t mix. A conviction for the the misdemeanor of carrying a firearm with a blood alcohol content of over .10 will result in revocation of your CPL. Carrying a gun with a BAC of .08 to .10 is also a […]

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School Districts May Ban Guns on School Grounds

The Michigan Supreme Court ruled today that school districts may ban firearms from school grounds. The Case This ruling comes from two cases, one involving the Ann Arbor school district and one involving the Clio school district, in Genessee County. Both school districts had a policy banning guns from their premises. Specifically, the policies do not allow “open-carry” weapons. The policies allowed for concealed weapons, though the law restricts concealed weapons on school grounds to in a car […]

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