Criminal Law and Procedure

Michigan Moves Closer to Preventing Dog Breed-Specific Regulations Usually Aimed at Pit Bulls

The Michigan State Senate voted yesterday to prevent cities from banning dog breed-specific ordinances. There are 30 Michigan cities with dog breed-specific ordinances. The ordinances mainly regulate pit-bulls. Twenty other states prohibit dog breed-specific regulation. Michigan Cities With Breed-Specific Regulation There about 30 Michigan cities with specific dog laws on the books. For example, Grosse Pointe Woods ban the 4 dog breed types generally regarded as pit bulls. Orchard Lake and Sylvan Lake also ban pit bulls without […]

Continue Reading

Michigan Becomes First State to Make the Anti-depressant Tianeptine Sodium a Controlled Substance

Today Michigan signed a new law making the anti-depressant tianeptine sodium into a schedule 2 controlled substance. Tianeptine sodium was previously unlisted as a controlled substance in any state or on the federal level. What is Tianeptine Sodium? Tianeptine sodium is used as an anti-depressant drug. It is considered an atypical anti-depressant, which means it does not work like your average anti-depressant, such as Prozac. Tianeptine acts by producing opioid-like effects which create a euphoric feeling. Why Was […]

Continue Reading

Can a Cop Search My Car if it Smells Like Weed?

Yes, the smell of marijuana gives a police officer probable cause to search a vehicle. The Law The Fourth Amendment provides that police officers need a warrant to conduct a search. There is an exception for the searches of cars, however. Under this warrant exception, a police officer can search a vehicle if there is probable cause to believe a crime has been committed or is being committed. In the case of People v. Kazmierczak, the Michigan Supreme Court […]

Continue Reading

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 […]

Continue Reading

Michigan Anabolic Steroid Law

Anabolic Steroids are a Schedule 3 Controlled Substance, which means it is illegal to use or possess anabolic steroids without a prescription. What is an Anabolic Steroid? An anabolic steroid is a type of drug that promotes muscle growth. These drugs are used by bodybuilders and athletes because of the potential to increase athletic abilities and muscle mass. Steroid use in the athletic setting began in the Olympic games in the fifties and sixties by Eastern European nations […]

Continue Reading

People v. Carll: Reckless Driving Conviction Upheld

The Michigan Court of Appeals upheld a reckless driving conviction in the case of People v. Carll. What Happened in the Case Carll was driving a truck with six other people in the vehicle. Carll was driving 30-40 miles per hour on a gravel road. Carll drove through a stop sign without slowing down and hit a car in the intersection that had the right of way. The evidence presented showed that Carll did not apply the brakes […]

Continue Reading

What Does Possession With Intent To Deliver Mean?

The police will often find drugs on a person but won’t see them in the act of selling the drugs. You can still be charged with a crime called possession with intent to deliver (sell) those drugs. What does possession with intent to deliver mean? Possession with intent to deliver is the term meaning a person is accused of having drugs and planned to sell the drugs. Possession with Intent to Deliver For a person to be convicted […]

Continue Reading

Three Common Questions When Hiring A Lawyer

There are several common questions I get when called about a criminal matter. I’ll try to address them with my standard answers here. How Much Does it Cost to Retain You? People often ask me what my rate or retainer is. The answer is that I don’t have a set rate. There are a lot of variables that go into what I charge. First, is the case local or will there be travel? My office is across the […]

Continue Reading

New Law Would Make Sales of Nitrous Oxide Illegal

A new proposed Michigan law would make it a crime to sell nitrous oxide gas to someone for the purpose of getting high. The law was introduced as a House Bill. The actual language is sale of nitrous oxide “for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses or nervous system.” What is Nitrous Oxide? Nitrous oxide is a gas that is commonly used in dental procedures and cooking […]

Continue Reading

New Law for Technical Probation Violations

A new probation law goes into effect this year that will limit judge’s ability to create long sentences for “technical” probation violations. The New Law A person who commits a technical probation violation may only be sentenced up to 30 days in jail. Following the jail sentence the probation may return to probation. Multiple probation violations that occur at the same time will be treated as if they are just one violation. This jail term limit does not […]

Continue Reading