Articles Posted in Criminal Law and Procedure

I get many calls from people who say there were not read their Miranda rights when arrested. Many of these callers want to know the significance of this and how it may affect their case. What are Miranda Rights? We’ve all heard the Miranda rights recited on TV and most can people can probably recite…

Michigan has many laws aimed at disrupting the manufacture of drugs. The following laws and penalties all center around drug manufacturing. Some of these rules are aimed specifically at the manufacture of methamphetamine. MCL 333.7401c. In Michigan, a person may not; Own or possess a home, building, or car to be used as a place…

This article discusses the drug Ketamine and the law involving Ketamine, use, possession, and driving. What is Ketamine? Ketamine is a schedule II controlled substance in the drug category called dissociative anesthetics. Ketamine is used medically in situations where a person must receive anesthesia but cannot risk the depression of the cardiovascular and respiratory systems…

As a criminal defense attorney I get asked all sorts of questions when someone calls me for the first time. In this article I’ll try to address some common questions that I receive. The Whole Case Seems Pretty Cut and Dry, Why Do I Need a Lawyer? Many people call me and say that what…

Fourth degree criminal sexual conduct is a type of sexual assault crime. A sexual assault crime is defined by the type of act a person has with another person and the relationship between the parties. Fourth degree criminal sexual conduct includes sexual contact by one person to another. Sexual contact means the person intentionally touched…

In the Michigan Supreme Court case of People v. Dunbar, the Court ruled that a traffic stop of defendant was lawful where the license plate was partially blocked by a bumper-mounted towing ball. Facts of the Case Police officers pulled Defendant over, claiming a mounted towing ball blocked one of the numbers on Defendant’s license…

The Court of Appeals in City of Plymouth v. Longeway discussed “operating” in operating while intoxicated. The case began in the 35th District Court in Plymouth, with Judge Gerou presiding. The Court ruled that a person is operating a vehicle when the person has actual physical control of the vehicle. The Court ruled that a…

Improper Lane Use is a civil infraction that motorists are frequently cited for. A cop citing you for improper lane use will write up a traffic ticket. The best bet is to avoid a traffic ticket in the first place. Avoiding traffic tickets means first understanding the law. Here is a breakdown of the improper…

This post is an overview of the animal cruelty law for animals in a person’s care. MCL 750.50. There is a separate law outlawing hurting an animal in general (MCL 750.50b). What is Against Law in the Animal Cruelty Law An owner, possessor, or person having the charge or custody of an animal shall not…

Have you been given a ticket for careless driving or been charged with reckless driving? The charges might sound similar but there are large differences. Careless Driving Careless driving is defined by the statute as driving in a careless or negligent manner likely to endanger any person or property, but without wantonness or recklessness. MCL…