Criminal Law and Procedure

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An outdated law sees a big change in the new year.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. […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

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 […]

Continue Reading

What is Disorderly Conduct?

We’ve all heard the phrase Disorderly Conduct but might not know what the crime is legally speaking. Legally known as disorderly persons, disorderly conduct most often refers to conduct that a person was intoxicated in public and endangering the safety of another person. Disorderly Conduct Legally Speaking For a person to be convicted of disorderly conduct, the prosecution must show the person was: Intoxicated (drunk or high) In public Endangering the safety of another person These are the […]

Continue Reading

Michigan Hallucinogen Law

What are penalties for hallucinogen related charges in Michigan? Read below for the state drug charges for hallucinogen drugs. What is a Hallucinogen? A hallucinogen is a type of drug that can cause hallucinations, such as perceptual changes, significant subjective changes in consciousness, thoughts, and emotions. For the purposes of the penalties described in this article, hallucinogens specifically include the drugs LSD, mescaline, pscilocybin, psiloycn, peyote, and dimethyltyptamine. These drugs are all schedule 1 controlled substances. There are […]

Continue Reading

Dealing With Criminal Charges

Being charged with a crime is a stressful experience. All of sudden, there is uncertainty and anxiety about what will happen next. This article is an outline of the basic options a person has when charged with a crime. Two Ways to Resolve Your Criminal Case When you are charged with a crime, there are two ways that case can be resolved. You can resolve through a plea or a plea bargain, or it could resolve through a […]

Continue Reading

Civil Infractions For Firearms and Tasers

Protect your concealed pistol license. Know the law and prevent yourself from being in a situation where you face losing your CPL. The following is a list of state civil infractions that relate to firearms, pistols, and tasers. A civil infraction is not a crime. There are misdemeanors and felonies that relate to firearms as well. List of Civil Infractions Records of firearms may only be accessed and disclosed by authorized system users and peace officers, and only […]

Continue Reading

Should I Take My Case To Trial?

Should I Take My Case to Trial? A criminal case can be resolved in one of two ways. The first way is through a plea or plea bargain. A plea bargain is where a person admits guilt to something in exchange for some sort of benefit in return. For example, a person charged with three crimes might plead guilty to one crime in exchange for dismissals of the other two crimes. In another example, a person might plead […]

Continue Reading

Marijuana and Driving Under the Influence

One of the most frequent questions I receive from medical marijuana patients is whether they can drive and smoke. I’ll answer that questions and make a prediction about the future of smoking marijuana and driving. Can a medical marijuana patient drive after smoking? Yes, so long as the patient is not under the influence of marijuana. A patient cannot smoke marijuana while in the act of driving or operating a vehicle. In general, a person (not a patient) […]

Continue Reading