Criminal Law and Procedure

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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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 allow for concealed weapons but not “open-carry” weapons. The plaintiffs in the case were parents in the school district along with gun rights advocacy […]

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Nonsensical Medical Marijuana Opinion in People v. Mansour

In a somewhat illogical opinion, the Court of Appeals in People v. Mansour ruled that a person with recently-harvested wet marijuana does not have the protections of the Michigan Medical Marijuana Act. The decision makes it impossible for any marijuana grower to legally comply with the MMMA. What Happened in the Case The Troy police searched a home belonging to a medical marijuana caregiver. The search revealed 126 marijuana plants and 550 grams of marijuana buds that were […]

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Michigan Supreme Court Update

The Michigan Supreme Court released many new criminal law opinions this summer. Here is a snapshot of some of those opinions: People v. Smith A plea agreement prohibiting a defendant from running for public office violates public policy and will not be upheld. The case resulted from a state senator’s plea agreement to not run for office while on probation. Read our full article on the case of People v. Smith for more details. People v. Washington The […]

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Federal Judge Orders University of Michigan to Give Student Live Hearing in Sexual Misconduct Case

A Federal Judge in Detroit ruled that a University of Michigan Student gets a live hearing in the University’s Title IX investigation of him for sexual assault. The University Investigation Process Currently, a University of Michigan student accused of sexual harassment or sexual assault is subject to the University’s investigation system. This system has an investigator who speaks separately with the student making the accusation and the student accused. The accused can ask questions of the accuser and […]

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Michigan State Police to Increase Writing Tickets for Failure to Yield this Week

Watch your driving out there this week. During the next week, the Michigan State Police will focus on writing tickets for failure to yield to an emergency vehicle. This is a misdemeanor in Michigan. What is Failure to Yield? The failure to yield law requires drivers to take required actions when seeing certain vehicles with flashing lights on the side of the road. The law applies to police vehicles, ambulances, fire, rescue, and road service vehicles, such as […]

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Michigan Supreme Court Upholds Sentencing of 1 Day to Life for Convictions of Sexual Delinquents in People v. Arnold

In the Michigan Supreme Court case of People v. Arnold, the Court upheld an alternative sentencing scheme for defendants convicted as a sexual delinquents. The Court held that a sexually delinquent person may be sentenced to either imprisonment between 1 day and life or by the current felony sentencing guidelines. What Happened in the Case The Defendant was convicted by a jury in the Monroe County Circuit Court of aggravated indecent exposure and indecent exposure by a sexually delinquent person, […]

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New Law Limits Painkiller Prescriptions

A new law goes into effect that is designed to help curb the opioid epidemic. What the New Law Does Doctors may now only prescribe seven days worth of opioid medicine to people with a short-term need for the drugs. A short-term need may include surgeries, a bad back, or a broken limb. Prescriptions can be refilled after the seven day period expires. What is an Opioid? Opioids are more commonly known as pain killers. Prescription opioids can […]

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What Happens to Old Marijuana Convictions if Weed Becomes Legal?

In the next November election, Michigan voters will decide whether marijuana will be legal for recreational personal use. It is a real possibility that marijuana use and possession will soon be legal. This leads to the question – what about all those people who have convictions on their record for possession or use of marijuana? It may not seem fair that many people will be stuck with marijuana convictions on their record once the basis for that conviction […]

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