Criminal Law and Procedure

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 […]

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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 […]

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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 […]

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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 […]

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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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