Articles Posted in Criminal Law and Procedure

In the November election several cities in Michigan voted to amend marijuana possession ordinances. This does not mean that marijuana possession is now legal in these cities. People may still be charged and prosecuted under Michigan state law. Marijuana possession under state law is a misdemeanor that carries a penalty of up to one year…

The Michigan Court of Appeals in People v. Brown held that police are not obligated to to determine whether a person suspected of using or growing marijuana is doing so legally under the Michigan Medical Marihuana Act before applying for a search warrant. In 2007, Defendant Brown’s former roommate informed police authorities that Brown was…

In the cases of People v. Kolanek, King the Michigan Supreme Court decided several important issues regarding the Michigan Medical Marihuana Act in a win for medical marijuana users and advocates. The Court ruled that a defendant asserting the Section 8 defense is not required to establish the requirements of Section 4. The defendant may…

In People v. Kiel, the police discovered marijuana plants growing on defendant Kiel’s property after a routine aerial surveillance. The police found 66-69 plants and seized 30 plants after Kiel produced medical marijuana cards for three people. Kiel was ultimately convicted for manufacturing marijuana. In a pretrial motion, the Kiel sought dismissal of the charge…

The Freedom of Information Act does not apply to firearms records. I cannot go to my local township and finds who owns a gun in my town. This law protects the privacy of firearms owners. MCL 28.421b makes it a civil infraction for a peace officer or an authorized system user to disclose a firearms…

In the case of Miller v. Alabama, the U.S. Supreme Court in an opinion authored by Justice Kagan ruled that the Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile homicide offenders. The combined cases of Miller v. Alabama and Jackson v. Hobbs both involved 14 year…

Picture the common situation where a minor has drank alcohol to the point of sickness. The minor, fearing legal repercussions, chooses not to seek health treatment, making a bad situation worse. Changes to the minor in possession law attempt to remedy the situation. Minors will now have immunity from prosecution for a minor in possession…

The Michigan Court of Appeals in People v. Bono discusses the Michigan Gross Indecency statute. To be specific, the Court answered the question of whether masturbation was an act of gross indecency, and whether the jury instructions for gross indecency must be limited to penetration, fellatio, and cunnilingus, or can be expanded to other acts…

Michigan’s new arson law goes into effect today. It has been completely rewritten to reflect the following; 1. First Degree Arson. The wilful or malicious burning of any of the following. First degree arson is a felony, punishable by life or any term of years, a $20,000 fine / 3 times the value of the…

Under the Sixth Amendment criminal defendants are guaranteed the right to effective assistance of counsel. In the case of Missouri v. Frye, the U.S. Supreme Court held that effective assistance means that defense counsel must communicate offers for plea bargains to the defendants. In the summer of 2007 Frye was charged with driving with a…