Articles Posted in Criminal Law and Procedure

Today the Michigan State Police released its annual report of drunk driving statistics in Michigan. Here is a list of drunk driving arrests by county in 2012: Statewide Average 448 Source: Michigan State Police Annual Drunk Driving Audit Contact ArborYpsi Law at 734-883-9584 or at bernstein@arborypsilaw.com to speak with attorney Sam Bernstein Legal Disclaimer

Michigan Fireworks Law July 4th is almost here and that means it’s time for fireworks. Last year the Michigan legislature legalized the sale of fireworks in the Michigan Fireworks Safety Act. The law originally did not allow cities to ban the use of fireworks the day before, the day of, and the day after a…

The Supreme Court in Maryland v. King ruled that taking DNA samples from individuals arrested for serious crimes does not violate the Fourth Amendment, reasoning that the procedure was no different than photographing and fingerprinting. Justice Scalia authored a scathing dissent, writing that, “Today’s judgment will, to be sure, have the beneficial effect of solving…

The Michigan Supreme Court in People v. Koon ruled that medical marijuana patients cannot be convicted of a zero-tolerance law that prohibits drivers from having any amount of marijuana in their blood stream. For a medical marijuana patient to be convicted of an operating while impaired offense involving marijuana the prosecution must now prove that…

The U.S. Supreme Court in Moncrieffe v. Holder today ruled that a marijuana distribution crime is no longer an offense that will lead to automatic deportation for noncitizens. Before today’s ruling such crimes were considered “aggravated felonies,” a class of offenses that foreclose the opportunity for noncitizens to obtain discretionary relief from deportation. For a…

In Missouri v. McNeely, the U.S. Supreme Court refused to adopt a rule that would permit police officers to draw a drunk driving suspect’s blood without a warrant under any circumstance. McNeely was pulled over by a highway patrol officer at about two in the morning. The officer observed that McNeely had bloodshot eyes, slurred…

A new law targeting organized shoplifting rings goes into effect today. Organized retail crime is now a felony punishable by imprisonment for not more than 5 years, a $5,000 fine, or both. Restitution will likely be ordered. Read the full Organized Retail Crime Act. A person is guilty of organized retail crime when that person…

Trespassing is entry onto another person’s land without permission. Michigan state law forbids trespassing and contains provisions for trespassing in specific situations. Townships and cities generally have ordinances prohibiting trespassing that are not listed here. In addition to fighting the trespass charge, there are several options to keep a trespass conviction off your permanent record,…

A Killebrew agreement is plea bargain in which the prosecutor promises the defendant will receive a particular sentence. Plea bargains area common part of criminal law. A plea bargain is where a person admits guilt in exchange for a benefit in return. Common plea bargains may involve a guilty plea in exchange for a dismissal…

In Chico-Polo v. Department of Corrections, Chico-Polo was convicted of delivery/manufacture of a controlled substance greater than 650 grams and was sentenced to life imprisonment. He filed for relief in trial court to compel the defendant, the Department of Corrections, to parole and release him to the custody of the U.S. Immigration and Customs Enforcement…