Criminal Law and Procedure

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 […]

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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 […]

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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 […]

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Drinking and Guns For CPL Holders

Drinking and guns don’t mix. Having a bodily alcohol content while carrying your gun can lead to a suspension or revocation of a concealed pistol license, depending on your BAC. Study the law in advance and avoid losing your CPL. The Law It is against the law to do any of the following: Carrying a pistol or taser with a blood alcohol content of .10 or more is a misdemeanor, punishable by; Up to 93 days in jail […]

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Michigan Heroin Laws

What are the penalties for Heroin related charges? Heroin is a schedule 1 substance narcotic. This article only discusses possession and selling for charges involving relatively small amounts of heroin. Keep in mind the potential penalties increase as the amount of heroin at issue increases. Heroin Use Use of heroin is a misdemeanor, punishable by up to 1 year in jail, a $1,000.00 fine, or both. MCL 333.7404. Possession of Heroin Possession of less than 25 grams of […]

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What is Gross Indecency?

In Michigan, it is a felony to engage in an act of gross indecency. What is Gross Indecency? There are two categories of violations of the gross indecency law. These categories are 1) committing a sex act in public and 2) committing a sex act involving a minor, even in private. Committing a Sex Act in Public This is where a person, who is in public, engages in a sex act, such as sex, fellatio, cunnilingus, or masturbation. […]

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First Time Minor in Possession Now a Civil Infraction

An outdated law sees a big change in the new year. For so long a minor in possession has been a misdemeanor charge. The law has now changed so that a first-offense minor in possession is a civil infraction. This means a first-offense minor in possession will no longer be a crime. What is Minor in Possession? A minor in possession is where a person under the age of 21 possesses alcohol or has any bodily alcohol content. […]

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How Can I Help My Attorney?

How Can I Help My Attorney? Many clients ask me what they can do while their case is pending. For the client the case is part of their life and being proactive helps control the outcome. Write Down Everything You should take notes on everything that’s happened but keep the notes to yourself until your lawyer requests them. These notes should include anything related to events in question, your relationship with people involved, and the police investigation. There […]

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Federal Judge Stops Driver’s License Suspensions for Unpaid Fines

A federal judge has issued an order stopping the Michigan Secretary of State from suspending the driver’s licenses of persons with outstanding traffic fines. This is a win for Michigan residents who struggle to pay off traffic debts and whose licenses are suspended because they are unable to pay fines. There are about 100,000 people in Michigan with a suspended license. While a driver’s license in Michigan is a privilege, the consequences for not having a license is […]

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The Drinking and Driving Statute

This page is an overview of the statute governing Operating While Intoxicated (drinking and driving, DUI, etc) laws. MCL 257.625. This article outlines the law in the order it was written, which is not necessarily the most straightforward way to read it. Definition of Operating While Intoxicated A person, regardless of driver’s license status, may not operate a vehicle while intoxicated on; A highway, A place open to the general public An area designated for the parking of […]

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