Criminal Law and Procedure

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading