A new law will enable qualifying non-citizens to be released from prison early for the purposes of deportation. To qualify, the prisoner must have served half the minimum sentence. Prisoners convicted of murder in the first or second degree, criminal sexual conduct in the 1st, 2nd, or 3rd degree, or…
The following is an outline of Michigan Criminal Law Legislation in the year of 2010; I. New Crimes and Penalties A. Alcohol. 1. Beer Kegs. 2010 PA 344. Effective Dec. 21, 2010. Requires sold beer kegs to have an identification tag that allows the keg to be traced to the purchaser.…
The Supreme Court of the United States in Padilla v. Kentucky ruled that attorneys representing a non-citizen defendant must advise that a guilty plea may result in adverse immigration consequences. Specifically, the Supreme Court held that where deportation consequences for the defendant are clear, counsel has a duty to warn…
The Court of Appeals in People v. Yamat discusses what it means to “operate” a vehicle. Although the Yamat case dealt with a charge of felonious driving, the case is relevant for an operating while intoxicating charge. What Happened in the Case Defendant was a passenger in a car and…
In the case of People v. Lechleitner, the Court of Appeals focuses on the definition of “operate” in operating while intoxicated. Facts of the Case The Defendant Lechleitner drove with a blood alcohol content of .12. While he was driving, he lost control and stopped his vehicle. The truck was…
The Case of People v. Brown focuses on a statute regarding anabolic steroids. What Happened in the Case The Defendant in this case was a police officer. Defendant was being investigated for possible anabolic steroid use. The investigating officer contacted an inspector in the Postal Service Office to intercept any…
The Michigan Supreme Court in People v. Barbarich tackled the issue of whether a traffic stop was justified when the only basis for the stop was a tip from an unnamed person who told a police officer a driver was being dangerous or reckless. The driver in this case was…
It is against the law in Michigan to sniff glue to get high. State Law on Glue Sniffing Michigan Law prohibits a person from intentionally inhaling or smelling glue to produce intoxication or euphoria. Sniffing glue is a misdemeanor, punishable by up to 93 days in jail, fines and court…
People often ask me what they should wear to Court. Here’s how I respond: Dress to Impress Wear an outfit to Court that shows you are trying to dress to impress. Think to yourself, what could I wear that shows I’m taking this seriously? Your clothing choices can communicate a…
The Michigan Court of Appeals in the case of People v. Boomer struck down a hundred year-old law on the books that made using bad language in front of women and children a crime. What Happened in the Case The case took place on the Rifle River up in Arenac…