Criminal Law and Procedure

Oakland California Becomes Second City to Decriminalize Hallucinogenic Drugs

About a month after Denver became the first U.S. city to decriminalize the use of psilocybin mushrooms, Oakland, California, moved to decriminalize the possession and use of all natural hallucinogenic drugs. New Legal Status for Hallucinogenic Drugs in Oakland The Oakland, California, city council moved to make the investigation and enforcement against possession and use of natural hallucinogens to be the lowest police enforcement priority. So while not technically legal, at least Oakland police officers are uninterested in […]

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Can You Get In Trouble For Leaving a Child in a Car?

Yes, while people would rarely intend to leave a child in a car, it is a crime to do so under certain circumstances. These types of cases are popping up in the media more and more now. What’s the Law It is a misdemeanor to leave a child in a car unattended for a period of time that poses an unreasonable risk of harm or injury. This is punishable by up to 93 days in jail, fines, or […]

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MSP to Crackdown on Aggressive Driving This Summer

A new enforcement campaign by the Michigan State Police will focus on aggressive driving. So slow down and take it easy out there to avoid tickets! What Are Police Looking For? The enforcement focuses on aggressive driving, which can include; Careless Driving Reckless Driving Improper Lane Use Failure to Yield Where is This Enforcement? The Michigan State Police Crackdown will focus on the stretch on I-94 between Jackson and Taylor. This is about a 65 mile stretch of […]

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Federal Court Ruling May Give New Relief for University Students Accused of Sexual Misconduct

Universities and colleges around the country are under pressure to handle claims of sexual misconduct against students. Schools now create legalistic-procedures to deal with these claims. There is no prescribed form these procedures must take. Many critics of this system claim there is inherent unfairness to the student who stands of accused of sexual assault or harassment. In the last year, there has been a flurry of legal challenges to the policies and procedures for handling sexual misconduct. […]

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Michigan to Revise Sex Offender Registration Act

Michigan legislators are ordered to revise the Sex Offender Registry Act (SORA) within 90 days. This comes according to an agreement between the State and those who sued the State arguing SORA is unconstitutional. Three years ago, the Sixth Circuit Court of Appeals upheld a federal judge’s decision that SORA is unconstitutional. Essentially, the Court ruled that SORA increased the penalties for a crime after the person has been convicted and sentenced. What is the Sex Offender Registration […]

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New Michigan Law Will Allow Parole for Prisoners with Serious Medical Conditions

Michigan prisoners will now be eligible for parole for serious medical conditions. This law will go into effect in August. What Does the Law Do? Prisoners deemed “medically frail” will be eligible for parole before their original first “out-date” if they meet the qualifications. The prisoner can be released to a medical facility such as a nursing home, hospital, or hospice. Michigan Department of Correction Supervision will retain jurisdiction as the prisoner is still under parole conditions. A […]

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Federal Court Upholds University Suspension of Student During Sexual Misconduct Case

Michigan State University was allowed to suspend a student pending the completion of disciplinary proceedings in a student sexual misconduct case. These sexual misconduct cases exist in a sort of wild-west legal arena with a fast-changing legal landscape. This case may give universities more confidence to issue suspensions during such cases. However, the challenge to the suspension was very important as universities do not always have a defined set of rules for handling these cases. What Happened in […]

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Alabama Passes Law Allowing Chemical Castration for Certain Sex Offenders

Alabama’s Governor signed into law providing for chemical castration to certain convicted sex offenders. Who Does the Law Apply To? Chemical castration will be administered to paroled sex offenders who had victims between ages 7 and 13. Sex offenders with victims 6 and under are ineligible for parole in Alabama. What is Chemical Castration? Chemical castration is done with the drug medroxyprogestrone, or a similar drug. The drug is administered through injections. These drugs reduce or block the […]

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Could Oregon Become The First State to Decriminalize Magic Mushrooms?

Voters in Oregon may see a 2020 ballot initiative to decriminalize psilocybin mushrooms. Psilocybin, sometimes referred to as “magic mushrooms” or just “shrooms” are a type of natural hallucinogenic drug. What Would the Law Do? This law would reduce most criminal penalties for psilocybin manufacture, delivery, use, and possession. The law would also allow licensed psilocybin manufacture, possession and administration by or to qualifying adults. Legal Status of Psilocybin The current legal status for magic mushrooms is that […]

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Felon in Possession of a Firearm Charges Case From Court of Appeals

Firearms charges can be some of the most serious types of charges. Especially convictions for felony-firearm, which carries mandatory terms of years in prison. The case of People v. Parkmallory discusses a case involving firearms charges. The Case Parkmallory was charged with felon in possession of a firearm and felony-firearm. The allegations in the case were that Parkmallory and his girlfriend took turns firing a gun into the air on New Years Eve. Before trial, Parkmallory’s attorney stipulated […]

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