History of the Case

It is reported that the defendant and numerous other pain management doctors were charged with and convicted of operating a medical practice that was essentially a racketeering enterprise in violation of federal law, including the Controlled Substances Act. At trial, the prosecution presented evidence that the defendant prescribed Schedule II drugs outside of the standard of care that applied to his practice and did so for their financial gain rather than the benefit of their patients. The defendant appealed his conviction, and the appellate court affirmed. The defendant then sought certiorari review.

The Mens Rea Needed to Convict a Defendant for Unauthorized Distribution of Controlled Substances

On appeal, the Court answered the question of whether a doctor that allegedly prescribed drugs outside of the usual scope of their professional practice should be convicted of unlawful distribution in violation of the Controlled Substances Act, despite the fact that they intended or reasonably believed that their prescriptions fell within the scope of their practice.

The Court ultimately answered no, and determined that for the offense of prescribing controlled substances in an unauthorized manner, the mens rea of intentionally or knowingly applied. In other words, if the defendant offers evidence that they had the authority to dispense controlled substances, the government must establish, beyond a reasonable doubt, that the defendant either acted in an unauthorized manner in prescribing the substances or intend to do so.

In other words, the government must prove that the defendant’s distribution of controlled substances was not only in fact for an unauthorized use, but also that the defendant knew or intended the use to be unauthorized. Thus, the Court vacated the lower court ruling and remanded the matter for further proceedings.

Confer with a Trusted Michigan Criminal Defense Attorney About Your Charges

Doctors that abuse their prescription privileges may be charged with federal offenses, but the prosecution generally must show that their unlawful acts were intentional, rather than inadvertent. If you are accused of a crime, it is critical to retain an attorney who will fight zealously on your behalf. Sam Bernstein of ArborYpsi Law is a trusted Michigan criminal defense attorney with the skills and experience needed to help you formulate a compelling defense, and if you hire him, he will work tirelessly on your behalf. You can contact Mr. Bernstein through the form online or by calling (734) 883-9584 to set up a conference.

The Facts of the Case

It is reported that the defendant was convicted of second-degree murder and numerous other crimes following the shooting death of his wife. During the trial, the state introduced evidence of the defendant’s past infidelity, among other things. Following his conviction, the defendant filed an appeal, arguing in part that the trial court improperly permitted evidence of his infidelity. The appellate court disagreed and affirmed his conviction.

Evaluating Whether Evidence is Relevant or Prejudicial

The appellate court noted that the parties did not dispute that the defendant shot his wife; rather, the issue was whether the shooting constituted murder or voluntary manslaughter. To demonstrate guilt for voluntary manslaughter, the state needs to show that a person killed someone in the heat of passion that was brought about by sufficient provocation. The state must also show that there was not a lapse of time between the provocation and the event during which a rational person could gain control of their emotions.

At trial, the defendant argued that after finding out his wife was unfaithful, he was so overwhelmed with passion he could not control himself. The state introduced evidence of his infidelity to refute this assertion, which it argued made it relevant. The appellate court explained that evidence will be deemed relevant if it has a tendency to make a fact that is of consequence less or more probable. Thus, it has two elements: materiality and probative value. The appellate court found that both elements were met in the subject case in that it went to the core issue of whether the defendant was adequately provoked.

Turning to the issue of whether the evidence was unduly prejudicial, the appellate court explained that evidence will only be deemed unfairly prejudicial if it is marginally probative but would be given preemptive weight. As the appellate court found that the risk of prejudice created by the evidence was minimal, the defendant did not meet this burden.

Confer with an Experienced Michigan Criminal Defense Attorney

Criminal defendants are protected from unjust tactics during their trials, including the introduction of improper evidence. If you are accused of committing a crime, it is crucial to mount a compelling defense, and you should confer with an attorney as soon as possible. Sam Bernstein of ArborYpsi Law is an experienced Michigan criminal defense lawyer who is proficient at helping people fight criminal charges, and if you hire him, he will work tirelessly on your behalf. You can reach Mr. Bernstein through the form online or by calling (734) 883-9584 to set up a conference.

History of the Case

It is reported that the defendant was involved in an incident in which he fired a gun out of a van at another vehicle. One of the people in the other car was ejected and later died from his injuries. The defendant was subsequently charged with multiple offenses and was ultimately convicted of assault with the intent to commit murder, and being a felon in possession of a firearm. He was sentenced as a second-offense habitual offender to 38 to 62 years in prison. He argued that the trial court improperly applied the sentencing guidelines and erred in scoring his OV. The appellate court rejected his reasoning and affirmed his sentence.

Appellate Review of a Trial Court’s Interpretation of Sentencing Guidelines,

Appellate courts review the trial court’s interpretation of statutory sentencing guidelines de novo. In doing so, the appellate court must apply the rules of statutory interpretation. In the subject case, the appellate court explained that its goal in interpreting a statute is to determine and give effect to the legislature’s intent. If the statute’s language is clear and unambiguous, the appellate court will assume the legislature intended its obvious meaning and will interpret it as written.

With regard to the OV, the appellate court noted that proper scoring required reference only to the offense for which the defendant is being sentenced unless the language of the OV statute in question expressly dictates otherwise. In the subject case, the appellate court found that based on a plain interpretation of the language of the applicable law, the trial court did not err in calculating the defendant’s OV. Thus, it affirmed his sentence.

Speak to an Experienced Michigan Criminal Defense Attorney

The courts do not always issue sentences that align with the evidence, and people who believe they were improperly sentenced have the right to seek appellate review. If you are charged with a crime, you could face significant penalties if convicted, and it is smart for you to meet with an attorney. Sam Bernstein of ArborYpsi Law is an experienced Michigan criminal defense lawyer who can inform you of your options for seeking a favorable outcome. You can contact Mr. Bernstein through the form online or by calling (734) 883-9584 to set up a meeting.

What Happened in the Case

Mead was a passenger in a car. He had just met the driver, who had offered him a ride. The police stopped the vehicle and ordered the driver and Mead out of the car. The driver consented to a search of the car. The police officer searched the car, including Mead’s backpack, which Mead had left on the passenger seat. The search of the backpack revealed methamphetamine, marijuana, pills, and a digital scale.

Mead was charged with possession of methamphetamine. He filed a motion to suppress the search. The motion was denied, and he later lost a jury trial. The judge sentenced him as a habitual offender to 2 to 10 years in prison.

The Law of the Case

Mead’s argument is that the police did not have the right to search his backpack. In general, a passenger in a car does not have the ability to challenge a search of the vehicle. However, this does not mean there are no situations in which a passenger might contest a search.

To argue against the search, a person mush establish that there was a legitimate Fourth Amendment expectation of privacy in the area searched. The expectation of privacy must be one that society recognizes. Courts must consider the totality of the circumstances to determine whether there was a legitimate expectation of privacy.

What Does This Mean for This Case?

The Court decided that Mead did have a reasonable expectation of privacy for his backpack. Importantly, the search was of Mead’s own property – his backpack. This is different from a typical situation in which a passenger, for example, had stashed drugs or a gun in the glove compartment or under the seat of a car he was riding in. So while a passenger in a car might not have an expectation of privacy in general, he could have an expectation for his personal property within the car.

But Didn’t the Driver Consent to the Search of the Car?

The driver here gave the officer permission to search the vehicle. Consent means an officer gets to search without a warrant. The distinguishing factor here is that the driver did not have the authority to permit the officer to search Mead’s backpack. Mead backpack was Mead’s property. The driver had just met Mead right before offering him a ride. It would be a stretch to say that situation gave the driver the ability to consent to a search the property of a person he just met.

Call us

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is a Criminal Defense Lawyer in Ann Arbor, MI.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

Read More

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New Laws Designed to Protect Airplane Passengers

A sexual misconduct task force bill was reauthorized by the Federal Aviation Administration. Airlines have stated they have no tolerance for sexual harassment or assault in the workplace for their employees or for their passengers.

Several high profile cases have lead to this bill. A sleeping passenger was sexually attacked by a Detroit man. The defendant was dealt a hefty penalty of nine years in prison. A man was caught masturbating next to a female passenger for hours. Lastly, two pilots have been charged with drugging and sexually assaulting 2 flight attendants while on the job.

Unfortunately, with most sex crimes, there are few cases that are actually reported to authorities. In 2018 only 38 in-air sex crimes were reported. It is feared that the real number is much higher. Even if the crimes are reported, who they report the crime to can affect the outcome. For instance, if the victim reports the crime to their local police department when they land, the local authorities may not have control if the crime occurred in a different state, county, country, etc.

Authorities Give Advice on How to Defend In-Air Harassment

Make sure to always place the arm rest down between you and your seat mate. Also do not divulge too much information to strangers. Keep it cordial and limited. If you have a chatty seat mate simply put in earbuds, open a book or laptop to suggest you are not interested in conversation. If someone is grazing your thigh or touching your arm ask them to stop. If they do not comply call over the flight attendant and ask to be moved. Strong, loud language like “Stop it” and “Pervert” will get the attention of others too. This way you’ll be protected by other passengers’ curiosity and concern.

ArborYpsi Law Take Aways

Sexual predators are everywhere, even sitting next to us on a plane. Since our culture involves constant distractions sexual predators are getting more brazen. It is important to always be aware of your surroundings and take preventative steps to protect yourself. However, the airlines are ultimately the ones who should be taking action on keeping their employees and passengers safe. No one should be subject to sexual assault on a plane or any where else for that matter.

Call us

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is an attorney in Ann Arbor, MI who focuses on criminal defense.

Arbor Ypsi Law is located at 570 S Maple Ann Arbor, MI 48103.

Read More:

• Michigan Ends Medical Marijuana Licensing Board
• The U.S. Supreme Court Agrees to Hear First Second Amendment Case in a Decade
• What Happens if You Refuse the Chemical Test After an OWI Arrest?
• Utah Lowers Legal Limit to .05

Have You Been Charged with a Sex Crime?

Being convicted of a sex crime can greatly impact your life. Being placed on the sex offenders list can affect you in ways you can not imagine. If you have been charged with sexual assault, rape or sexual harassment please call ArborYpsi law today. It is important to get started on your defense as soon as possible to prevent a sex crime conviction from landing on your record. ArborYpsi Law also specializes in sexual assault, rape, sexual harassment, domestic assault, drug possession, assault and battery, and DWI charges. Call Sam Bernstein, an Ann Arbor lawyer, to help with your criminal defense needs. We have and will travel for you. We have practiced in cities like Plymouth, Pontiac, Ypsilanti, Romulus, Jackson and Howell, just to name a few.

Caldwell was a colleague of Linda’s at the grocery store where the two worked. He had never been convicted of any crimes so his DNA was not in the National Criminal Justice Database. Caldwell appeared to conduct a normal life. He was married with two adopted children at the time of the crime. He then divorced and remarried another women who had children from a previous relationship.

The genetic genealogy has led to the arrests of Joseph James Deangelo, the Golden State Killer in 2018 and Coley MCCraney who raped and killed two young victims. For the family and friends of these victims it is satisfying that the killers were caught alive and held accountable for their actions. However, for Kelly Reich, Linda’s sister, the news is bittersweet. She states for her the resolution of the case does not provide closure or change the end result.

While Reich states she does not have closure, other victim’s families thanks to the DNA technology are able to move on. Parabon NanoLabs, the company that provides the genealogy database has verified 47 suspects since May of 2018. Nine of the suspects were decreased, but that leaves 38 suspects that will be prosecuted for their crimes.

ArborYpsi Law Takeaways

Using DNA and Genetic Genealogy to identify criminals of past crimes is a fantastic tool. It will not only bring closure for victim’s families but it will also prove those wrongfully convicted innocent. As this technology advances and is more widely used it will most definelty exonerate felons of crimes they did not commit. Those who did commit the crime will finally have to pay for what they did, as they should.

Call us at 734-883-9584

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is an Ann Arbor lawyer who focuses on criminal defense.

ArborYpsi Law is located at 570 S Maple Ann Arbor, MI 48103.

Read More:

• Michigan Ends Medical Marijuana Licensing Board
• The U.S. Supreme Court Agrees to Hear First Second Amendment Case in a Decade
• What Happens if You Refuse the Chemical Test After an OWI Arrest?
• Utah Lowers Legal Limit to .05

Have You Been Charged with a Crime you did not commit?

DNA is a powerful tool that can prove your innocence. Even if DNA is not an element of the crime scene ArborYpsi law will work tirelessly to clear your name. Do not let a wrongful charge ruin your life. ArborYpsi Law also specializes in DUI charges, assault and battery, animal cruelty, retail fraud, home invasion, drug possession, sexual assault, license restorations, traffic tickets, expungements and domestic assault. Call Sam Bernstein, an Ann Arbor criminal defense lawyer, to help with your legal needs. We have and will travel for you. We have practiced in cities like Plymouth, Pontiac, Ypsilanti, Jackson and Brighton, just to name a few.

Now that he is a free man Williams plans on proving other inmates innocence utilizing DNA and fingerprint technology. Post-conviction DNA testing is now allowed in all states, however the use of the new fingerprint technology is underutilized. Thankfully, in 2014 the fingerprint database was expanded.

ArborYpsi Law Takeaways

There are so many wrongfully convicted inmates that have been sentenced to years if not life in prison. The use of DNA and now fingerprints is a great, factual tool that can free so many victims. It is tragic that people like Williams had to forfeit so much of their lives before being acquitted of their crimes. However, hopefully, cases like William’s will encourage other prosecutors and defense attorney’s to utilize fingerprint technology.

Call us at 734-883-9584

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is a Washtenaw County Criminal Attorney.

ArborYpsi Law is located at 570 S Maple Ann Arbor, MI 48103.

Read More:

• Michigan Cyberbullying Laws Go Into Effect
• Could Michigan Lower Its Legal Limit to .05?
• Supreme Court Ruling Could Limit Fines in Criminal Cases
• Congress Discusses Requiring Cars to Have Ignition Interlock Devices

Have you been wrongfully convicted of a crime?

If you have been accused or charged with a crime you did not commit do not hesitate to contact ArborYpsi Law. Do not plead to something that you know you had no part in. Sam Bernstein, criminal defense attorney, will take your case all the way to trial to prove your innocence. ArborYpsi Law also specializes in OWI charges, assault and battery, animal cruelty, retail fraud, home invasion, drug possession, sexual assault, license restorations, traffic tickets, expungements and domestic assault. Call Sam Bernstein, a criminal defense attorney, today to assist with your legal needs. We are based in Washtenaw county however, we will travel to Brighton, Jackson, Adrian, Canton, Wyandotte, among other cities in Metro Detroit to represent you.

What You Can Do

• A person over 21 can possess up to 2.5 ounces of marijuana. Not more than 15 grams of the marijuana can be in concentrate form.
• A person can use and consume marijuana.
• At home, a person can have up to 10 ounces of marijuana and 12 marijuana plants for personal use.
• A person over 21 may assist another person in the above activities.
• A person may give up to 2.5 ounces of marijuana to another person without payment (15 grams of concentrate.

What You Cannot Do

• You cannot operate a car while under the influence of marijuana. This includes the operation of a boat, plane, ORV, or snowmobile.
• No consumption of marijuana while operating a car or other type of vehicle.
• A person under 21 cannot possess, consume, or cultivate marijuana.
• You cannot transfer marijuana to a person under 21.
• No marijuana consumption in public – unless there is a designated smoking area for people over 21.
• No butane extraction of plant resin.
• No cultivation of plants in a place where the plants may be easily seen from the public.
• No possession of marijuana on the grounds of a school.
• You may not possess more than 2.5 ounces within a residence that is outside of a locked container. So if you have more than 2.5 ounces, it must be secured in a container or area with locks or security device.

Cities

• A city or township may limit the number of marijuana establishments within their municipality or may prohibit them altogether.
• People may petition a city or township to adopt an ordinance to provide for the number of marijuana establishments or prohibit them within the municipality.

Michigan Department of Licensing and Regulatory Affairs

• This Department’s job is to implement the new rules, which includes providing licenses for
  • Class A marijuana grower – 100 plants
  • Class B marijuana grower – 500 plants
  • Class C marijuana grower – 2,000 plants
  • Marijuana retailer
  • Marijuana safety compliance facility
  • Marijuana secure transporter
  • Marijuana processor
  • Marijuana microbusiness

Landlords

• A landlord may prohibit consumption and cultivation of marijuana in a lease agreement.
• A lease may not prohibit lawful possession of marijuana and consumption of marijuana by means other than smoking.

Employers

• The new marijuana law does not require an employer to accommodate marijuana use.
• There is nothing in the new law that prohibits employers from prohibiting marijuana use or terminating employment or discipline for being under the influence of marijuana.

Contact us

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is a Criminal Defense Attorney in Ann Arbor, Michigan.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

Read More

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• Updated Law Helps People Keep Record Clean
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What is Allowed

Those 21 and up can have up to 2.5 ounces of weed on them. They can have up to 10 ounces at home (must be locked up). People may grow up to 12 plants at home for personal use.

What isn’t Allowed

Lighting up in public will still be against the law. Importantly, driving under the influence of marijuana is still against the law. However, this is a change from the current law which prohibits driving with any amount of marijuana in a person’s system. A person is under the influence when their driving is significantly affected by marijuana.

Moving Forward

The state will create rules regulating the legal pot industry. Don’t expect that to happen overnight. The state struggled to come out with rules for the medical marijuana industry. The licensing deadline was pushed back several times so the state could establish rules. Nevertheless, those rules can provide the backbone of the legal pot industry moving forward.

Eventually, there will be retail outlets for marijuana. Municipalities will be able to choose whether marijuana businesses can operate in their individual communities.

Expungements for Marijuana Convictions?

Many people have called me already asking about expungements for their old marijuana convictions. At least one Michigan lawmaker has introduced a bill that would enable judges to expunge misdemeanor marijuana convictions.

The bill has not gotten too far yet so the details and mechanics remain to be seen. Several other states that have legalized marijuana have passed laws allowing for expungements of marijuana offenses. Stay tuned for updates.

Call us

Contact Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is a Criminal Defense Attorney in Ann Arbor.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

Read More

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• Can a DUI be Dismissed?
• The State of Medical Marijuana
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What Are We Voting on Exactly?

Here is the language that you will see on the ballot when you go to vote:

Proposal 18-1

A proposed initiated law to authorize and legalize possession, use and cultivation of marijuana products by individuals who are at least 21 years of age and older, and commercial sales of marijuana through state-licensed retailers

This proposal would:

• Allow individuals 21 and older to purchase, possess and use marijuana and marijuana-infused edibles, and grow up to 12 marijuana plants for personal consumption.
• Impose a 10-ounce limit for marijuana kept at residences and require amounts over 2.5 ounces to be secured in locked containers.
• Create a state licensing system for marijuana businesses and allow municipalities to ban or restrict them.
• Permit retail sales of marijuana and edibles subject to a 10% excise tax, dedicated to implementation costs, clinical trials, schools, roads, and municipalities where marijuana businesses are located.
• Change several current violations from crimes to civil infractions.

Should this proposal be adopted?

[ ] YES

[ ] NO

The Future of Marijuana in Michigan

If this proposal passes, Michigan will have three separate legal schemes for marijuana. We have the traditional caregiver-patient model set out in the original medical marijuana law. Second, there’s the Medical Marihuana Facilities Licensing Act. And this form of legal recreational marijuana would be the third regulatory scheme. This new law would not supersede the previous two laws. Rather, it would add another regulatory layer on top of it. Confusing for most people, perhaps one day it will all be merged into one scheme.

Call us

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is a Criminal Defense Lawyer in Ann Arbor, Michigan.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

Read On

• The State of Medical Marijuana in Michigan
• What is a Drug Recognition Expert in a DUI Case?
• Can a Driving Under the Influence Case be Dismissed?
• New Rules for Marijuana Edibles: Did Your Favorite Food Make the Cut?

Chemical Tests in DWI Cases

When arrested for driving while intoxicated, a police officer will ask you to take a chemical test, either a blood or breath test. This is not the preliminary breath test (PBT) at the side of the road. Refusal of the PBT is a civil infraction.

The penalty for refusal of the chemical test is a one-year license suspension. Most people find this penalty to be more severe than the penalty from a standard DWI conviction. For your garden variety DWI conviction, post people are looking at probation with testing, perhaps a short license suspension, and no jail. However a one-year driver’s license suspension would make life pretty difficult.

What Is An Implied Consent Suspension?

The law says drivers give implied consent to give a blood or breath sample when arrested for suspicion of driving while intoxicated. When you refuse this test the police officer will probably obtain a search warrant for your blood, and you will end up providing a sample anyways.

You have 14 days from the date of the chemical test refusal to request an implied consent hearing. The purpose of the hearing is to contest whether the all the legal elements are present for a license suspension. Read more about Implied Consent Hearings for a detailed overview of that process.

The Secretary of State will move to assess the one-year suspension in the event that no implied consent hearing is requested or you do not win at the hearing. When this happens, there is still a possibility that you can stay on the road in the form of a Hardship Appeal.

When arrested, the police officer hands you a piece of paper you can fill out and mail to the Secretary of State to request a hearing. You should fill out that request and mail it to the Secretary of State immediately (An attorney will do this if you hire one. But if you’re not ready to hire an attorney you should still send it in). There may be grounds to challenge the license suspension, and the hearing will buy you time to file the Hardship Appeal.

What Is A Hardship Appeal?

A Hardship Appeal is procedure where we can request that the Court order the Secretary of State to issue a restricted license during the time of the suspension.

The law requires we prove to the judge that you will suffer undue hardship with no driver’s license and there is no available public transportation.

A restricted licence means you can get back on the road and drive for employment, school, and other important reasons.

Contact Us

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is a DWI Attorney in Ann Arbor.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

Read More

• Fighting DWI Cases
• DWI License Penalties
• What To Do After A DWI
• What To Do When Pulled Over For A DWI

Our Practice

ArborYpsi represents clients in driving while intoxicated cases and all driver’s license issues, including implied consent hearings, hardship appeals, and driver’s license restoration cases. Read about How To Get Your License Back and SOS License Restoration.

• Operating while intoxicated causing death or serious injury. MCL 257.625(4) and (5)
• Sexually delinquent person. MCL 750.10a
• Taking woman and compelling to marry. MCL 750.11 (Repealed)
• Animal fighting. MCL 750.49
• Arson in the first degree. MCL 750.72
• Arson in the second degree. MCL 750.73
• Arson in the fourth degree. MCL 750.75
• Setting fire to mines. MCL 750.80
• Assault with intent to murder. MCL 750.83
• Assault with intent to maim. MCL 750.86
• Assault with intent to rob armed. MCL 750.89
• Attempted murder. MCL 750.91
• Burglary with explosives. MCL 750.112
• Cruelty to children. MCL 750.136
• Child abuse. MCL 750.136b (1), (2), (3), or (4).
• Accosting a child for immoral purpose. MCL 750.145a or b
• Child sexually abusive activity or material. MCL 750.145c
• Solicitation murder. MCL 750.157b
• Sodomy. MCL 750.158
• Breaking prison, escape. MCL 750.193
• Jail escape. MCL 750.195
• Explosives, intent to terrorize. MCL 750.207
• Malicious threats to extort money. MCL 750.213
• Counterfeiting. MCL 750.260
• First-degree murder. MCL 750.316
• Second-degree murder. MCL 750.317
• Death as a result of fighting a duel. MCL 750.319
• Manslaughter. MCL 750.321
• Death due to explosives. MCL 750.327
• Death due to explosives with intent to destroy building or object. MCL 750.329
• Death, firearm pointed intentionally but without malice. MCL 750.329
• Incest. MCL 750.333
• Indecent exposure. MCL 750.335a
• Indecent liberties with child. MCL 750.336
• Gross indecency, males. MCL 750.338
• Gross indecency, females. MCL 338a
• Gross indecency, male and female. MCL 750.338b.
• Debauchery by females of males under 15. MCL 750.339
• Debauchery by males of males under 15. MCL 750.340
• Carnal knowledge of a state ward. MCL 750.341
• Carnal knowledge of female state ward. MCL 750.342
• Kidnapping. MCL 750.350
• Prisoner taking hostage. MCL 750.349a
• Kidnapping child under 14. MCL 750.350
• Mayhem. MCL 750.397
• Perjury in court. MCL 750.422
• Poisoning food or drink. MCL 750.436
• Soliciting or accosting. MCL 750.448
• Pandering. MCL 750.445
• Attempt to wreck train or endanger safety of passengers. MCL 750.511
• Rape. MCL 750.520
• Criminal sexual conduct in the first-degree. MCL 750.520b
• Criminal sexual conduct in the second-degree. MCL 750.520c
• Criminal sexual conduct in third-degree. MCL 750.520d
• Criminal sexual conduct in the fourth-degree. MCL 750.520e
• Criminal sexual conduct, second or subsequent offense. MCL 750.520f
• Assault with intent to commit criminal sexual conduct. MCL 750.520g
• Armed robbery. MCL 750.529
• Carjacking. MCL 750.529a
• Bank robbery. MCL 750.531
• Treason. MCL 750.544
• Incitement to riot. MCL 750.542

Call Us

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is an Ann Arbor lawyer focusing on criminal defense.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

Read More Articles

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The drugs vary in terms of strength, but they all produce similar effects. For example, heroin has two to three times the strength of morphine. Fentanyl is about 75 times the strength of morphine. Some opiates can be thousands of times stronger than morphine.

Fentanyl use has become common with the increased opiate use across many communities in America. You can see based on the relative strength of fentanyl how much stronger it is than heroin. Many people believe they are using heroin when in fact they are using fentantyl, which is dangerous because of how much stronger fenatnyl is than heroin.

The Fentanyl High

As an opiate, fentanyl’s chief effect is relief from pain. There are feelings of relaxation and euphoria. Users feel a pleasant, dreamy state where there is no pain. The injection of the fentanyl brings a rush of pleasure.

Drug Recognition Experts Looking for Drivers Impaired by Fentanyl

Specially trained officers known as Drug Recognition Experts (DRE) are on the lookout for drivers impaired by controlled substances. The DREs divide the commonly used and abused drugs into seven categories – one of those categories are narcotic analgesics, to which fentanyl belongs.

A person under the influence of fentanyl, according to the DREs, might be drowsy, with droopy eyes, and depressed reflexes. (Though the DREs believe these symptoms are associated with other types of drug use as well – drug recognition is not an exact science).

A person under the influence of fentantyl will have depressed bodily functions. Blood pressure, pulse, breathing rate, and body temperature will all be slower than normal because fentanyl is a depressant. Reaction time may be slower and coordination may be less than usual as well.

Driving Under the Influence of Fentanyl

A person can be charged with operating while intoxicated by fentanyl. The exact charge is called operating while intoxicated by a controlled substance. The prosecution must prove the driver’s ability to drive in a normal manner was significantly effected by the drug.

Unlike the charge of operating with the presence of a schedule I substance (like heroin, a similar substance), there must be a showing the drug had an effect on the driver. For heroin and other schedule I controlled substances, the prosecution must only show that the driver had any amount of the schedule I substance in the body, regardless of whether the driver was effected by the drug. To be convicted of OWI by fentanyl, a person must be impaired by fentanyl.

Fentanyl certainly has the ability to impair a person’s ability to driver, but whether a person is actually impaired is up to a jury though.

Contact Us

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is a Criminal Lawyer in Ann Arbor and Ypsilanti.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

Read More Articles

• Michigan Heroin Law
• Michigan Fentanyl Law
• Driver’s License Restoration
• Prescription Medication DUIs

The Facts in the Case

The case itself was relatively straightforward. Two men went to Wayne County to purchase heroin from defendant, who sold them heroin. The two men were actually sold fentanyl. One of them used the drug back in Monroe County, overdosed, and died.

Before Trial

Defendant filed a pre-trial motion arguing that venue was not proper in Monroe County. Defendant argued that the only act he committed took place in Wayne County, not in Monroe. The trial court denied the motion, ruling the case could be tried in either Wayne or Monroe County because elements of the charged offense occurred in both counties.

On Appeal

The defendant filed an interlocutory appeal (before trial) arguing that Monroe was not the right place for the trial.

The Law

The general rule on venue is that defendants should be tried in the county where the crime was committed. Therefore, the question for the court was this – where was the crime allegedly committed?

The crime was delivery of fentanyl causing death. MCL 750.317a provides that a person who deliver (deals, sells, etc) a schedule 1 or 2 substance (not marijuana), and a person who consumes that substance and as a result dies is guilty of a felony. The felony is punishable by life or any term of years.

The offense does not require the defendant to have intended the death of the person (a general intent crime).

The case of People v. Plunkett tells us that the death of the other person leads to a sentencing enhancement. The offense itself is complete once the drugs are sold.

In other words, the offense is delivery of a controlled substance. Delivery resulting in death simply means the punishment can be greater than simple drug dealing.

The Court’s Ruling

The alleged offense was complete in Wayne County. The drugs were sold in Wayne County. The decedent happened to die in another county. Therefore, venue is appropriate in Wayne County, not Monroe County.

What is Fentanyl?

The drug Fentanyl is a schedule 2 controlled substance. Fentanyl is included in the opiate painkiller category. While it is schedule 2 and heroin is a schedule 1, fentanyl is considered to be 75 times stronger than morphine, a strong drug in the opioid class. Heroin is often “cut” with fentanyl, meaning the heroin is diluted with the fenatnyl. Users don’t always know what they’re getting when they buy heroin, and fentanyl is one of the drugs. The possibility of overdose of fentanyl is high.

Get in Touch

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is a Washtenaw County Criminal Attorney.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

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Expungement Law

An expungement is the process for removing a criminal conviction off of your record. It’s called a motion to set aside a conviction.

An expungement is a great tool for someone who is ready to move forward from a criminal convictions. An expungement can happen five years from the end of probation or incarceration.

The legislature has expanded the eligibility for expungements when it allowed for felonies to be expunged. However, an expungement isn’t possible for all convictions.

Not All Criminal Convictions Can Be Expunged

Convictions for traffic-related offenses cannot be expunged, whether misdemeanors or felonies. This includes all drunk driving related offenses. The most common of those offenses are operating while intoxicated (sometimes with high BAC) and operating while visibly impaired. Convictions for these offenses will always be on your record.

Other traffic offenses such as driving with a suspended license or failure to yield also cannot be expunged.

What I’ve Been Charged With a DUI and Want to Keep My Record Clean?

No plea deal to an operating while intoxicated offense will allow you to keep a clean record. If your goal is not record then beating the charge is the only option available. Do not expect that this type of conviction will drop off after a number of years or will be expungable. A drunk driving conviction is on your record for life.

This is why drunk driving charges should not be taken lightly. It is a conviction that will follow you around forever. Think of it in those terms when going to court. The prosecutor may offer you the standard plea deal from operating while intoxicated to operating while visibly impaired. The deal may sound good at the time. But take a minute to think about challenging the case for what it’s worth – an opportunity to make sure a conviction won’t follow you.

Call us

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is a Drunk Driving Attorney in Washtenaw County.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103

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• Steps in a DUI Case
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ArborYpsi Law specializes in Criminal Defense and DUI Work

Each year we take several OWI cases to trial. OWI laws get stricter every few years. For example, look at the “super drunk” driving law, otherwise known at operating while intoxicated with a high BAC. Or felony drunk driving – now, a third offense is charged as a felony. It used be the third offense had to occur within ten years, but not anymore.

The point is that the laws continually become tougher. When they do, criminal defense attorneys must take them more seriously. Remember, a DUI charge is on your record for life. There could be a time when the law changes to that a super drunk driving conviction is used as a predicate for a felony drunk driving charge.

What Happened in the Case

In this case, an Jane Roe accused John Doe of sexual assault after the two students had sex. (Both students go by pseudonyms in the case for privacy reasons). The case boiled down to a he-said she-said. Jane Roe said the sex was not consensual. John Doe claimed the sex was consensual. There was no other evidence supporting either side.

After a long delay, the University held a student disciplinary proceeding. Roe did not attend. Nevertheless, the University found Doe responsible of misconduct based on Roe’s previous hearsay statements.

As punishment, the University suspended Doe for two years. The punishment was later reduced to one year after an appeal.

Doe filed suit against the University in the federal district court. He argued the denial of ability to confront his accuser violated his Due Process rights to a fair hearing. The district court issued a preliminary injunction against the suspension. The order was appealed to the circuit court.

The University of Cincinnati’s Student Sexual Misconduct Policy

The federal Title IX law enables colleges to create policies and procedures for investigating and adjudicating claims of sexual harassment and misconduct. This means each college is free to create their own policy under the guidelines of the law.

The University of Cincinnati has what they call an Administrative Review Committee hearing process. The process starts when a student files a complaint. The University then informs the accused about the allegations. The University’s Title IX offices investigates, interviewing both parties and gathering evidence. The parties then go to a hearing before a panel composed of faculty and students.

The accused student may present their side of the story and present evidence. The accused may also submit written cross-examination questions to a third party who determines if the questions are relevant and if they will be posed to the accuser.

At issue in this case is the University policy regarding the accuser’s attendance at the hearing. There is no policy requiring the accuser to attend in-person. A witness who is unable to attend may submit a written notarized statement.

The Hearing

Again, at the hearing, Roe did not appear. The committee read a copy of the Title IX report. The report contained statements of several witnesses that provided spoke about Roe’s version of events.These witnesses, like Roe, were not at the hearing. When asked how he would like to proceed after hearing this, Doe noted, “Well, since she’s not here, I can’t really ask anything of the report.”

Doe was then asked if he would like to summarize his version of events. Doe explained his side, and then challenged a number of Roe’s statements. A written statement by Roe as a closing argument was then read, and Doe gave his own statement as a closing argument. Roe’s written statement was not notarized as required by the University’s policy.

On Appeal – Cross Examinations in Student Misconduct Hearings

Doe’s appeal to federal court focused on his lack of ability to cross-examine his accuser at the hearing. Cross examination is a party to a lawsuit asks questions of the other party’s witness. He argued this lost ability violated his Due Process rights, although he was given this right in theory, Roe simply did not attend the hearing and give an opportunity for cross examination.

Cross examination is an important part of the trial process. In many ways, cross examination is the only method to test a witness’s credibility, reliability, or bias. Think about it like this. When a party puts a witness on the stand, the party is going to ask easy, softball questions for the witness to answer. The party will of course stay away from topics that could make the witness look bad in front of a judge or jury. Cross examination can focus on these areas that were not provided.

In this case, the only evidence against Doe was Roe’s statements. These statements were hearsay as well. There was no physical evidence supporting her claim. This is a situation most people refer to as he-said she-said, in that the only evidence is her word against his. Where this is the case, credibility is the most important element. That’s because a he-said she-said is a pure credibility contest, in that the winner of the dispute is the person who the fact-finder believes is the most credible.

Due Process Rights

There is ample case law supporting a defendant’s right to cross-examination in a criminal trial (which is an analogous situation in many ways to the college student sexual misconduct case). The United States Supreme Court has stated, “Few procedures safeguard accuracy better than adversarial questioning. In the case of competing narratives, ‘cross-examination has always been considered a most effective way to ascertain truth.’” In other places, cross examination has been referred to as the greatest legal engine ever invented for the discovery for truth.

On appeal, the University claimed that Roe’s non-attendance did not impact the fairness of the hearing. The University pointed out that Doe was still able to point out inconsistencies in her statements. The Court did not agree with this claim.

The Court pointed out that cross examination benefits the trier of fact (the committee here), not just the defendant. Cross examination will help the committee understand the situation better and better assess the accuser’s credibility.

The Court’s Decis@ion

The Court found the University violated Doe’s rights when it denied him the opportunity to cross examine Roe. The Court repeated a line from an older case in that, “the value of cross-examination to the discovery of truth cannot be overstated.”

However, the Court noted that cross examination through a third-party was appropriate in these situations (which Doe did not disagree with, a policy articulated in a prior Court opinion.)

Importantly, the Court wished to narrow the holding by saying that cross examination is not crucial in all student misconduct hearings. Cross examination is especially crucial where the case is truly a he-said she-said credibility contest. But there are times when cross examination is not necessary the finder of fact, such as in cases where a person admits guilt. Also, the Court noted that nothing in its opinion limited the University’s ability to rely on hearsay evidence in making decisions.

The Court emphasized it’s ruling to be that the University must provide a means for the Administrative Review Committee panel to evaluate an alleged victim’s credibility, not for the accused to physically confront the accuser. The Court noted that an accuser could appear via skype, for example.

Takeaways from the Case

This case affirms the idea universities must provide some method for the accused to test the credibility of the accuser, although not necessarily in-person. However, cross-examination would seem to be the most appropriate method to make this happen.

This idea would be repeated in 2018 when a federal judge in Detroit ordered the University of Michigan to provide a live hearing for a student in a Title IX sexual misconduct case. The University of Michigan in 2018 had a Title IX policy in which students were not even entitled a hearing where there was the potential for cross examination. At least the University of Cincinnati had a procedure in which cross examination was possible (as long as people showed up for the hearing).

Call ArborYpsi Law

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is an Ann Arbor attorney focusing on criminal defense.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

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Contact ArborYpsi Law for Help With a Title IX Case

A university misconduct case is not something to take likely. Possible consequences include expulsion, suspension, and other academic sanctions. Speak with an attorney to advocate for you. Criminal defense attorneys are well-suited for these matters because we represent people charged with all manners of sex crimes and assault cases.

The Court can grant this Order upon a finding there has been behavior involving threats, harassment, stalking, or assaults.

A violation of a PPO can result in jail time.

There are obviously solid reasons why PPOs should be issued, such as where a person fears another person who has hurt them in the past.

Read our Domestic Assault Case Overview

However, there are many instances where a PPO is inappropriate. PPOs can be used by some as legal weapons to hurt others. A PPO will be entered on the Law Enforcement Information Network. The existence of a PPO will negatively affect a person involved in a divorce, custody, or criminal case. Also, a PPO will affect a person’s ability to own a gun.

Where the PPO is unjustified, you may fight the PPO. Filing a Motion to Terminate the PPO in order to obtain a hearing is necessary.

After a Motion to Terminate is filed, the Court will hold a hearing on the PPO. These can be anything from two-minute hearings to a trial where witnesses testify and are cross examined. The complexity and facts in dispute will determine the extent of the hearing held by the Court.

At ArborYpsi Law, we have fought PPOs in Washtenaw, Wayne, and Oakland Counties.

We have represented both the Petitioner (Person asking for PPO), and the Respondent (Person fighting the PPO).

Contact Us

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is a criminal defense and family law attorney in Ann Arbor.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

Read More: Domestic Assault Main Page

The speeding ticket might come with points on your record. Is there anything you can do to take care of it?

Give us a call at 734-883-9584 and we can fight the ticket for you. You don’t need to go to Court – we can go on your behalf.

We can speak with the prosecutor with the goal of getting a reduction to save points and a nasty looking infraction on your record.

Or, where the ticket was written in error, we can hold the formal hearing on the ticket. A formal hearing is like a trial for a traffic ticket. The police officer and any witnesses may testify. You can testify in your own defense, if you choose. The prosecution must prove by what’s called a preponderance of the evidence that the civil infraction was committed. The judge makes the final call, there is no jury.

Traffic ticket in Canton are handled in the 35th District Court.

Here is a list of fines and costs for civil infraction tickets in the Court.

The 35th District Court also process traffic tickets received in Plymouth, Plymouth Township, Northville, and Northville Township.

We are Plymouth Criminal Defense Attorneys

For more information, read the Court’s Traffic Division web page on how civil infraction tickets are handled at the Court and your options.

Call us at 734-883-9584 to see how we can help. An attorney can go to Court for you. If you’re looking for a reduction, there is no need to take the time off work for Court – we will handle everything for you.

Contact ArborYpsi Law at 734-883-9584 or at bernstein@arborypsilaw.com to speak with attorney Sam Bernstein if you have received a traffic ticket in Canton.

Read More: ArborYpsi Law’s Main Page on Traffic Tickets

Contact Us

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is a traffic ticket lawyer in Ann Arbor practicing in the Plymouth District Court.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

It can be frustrating and difficult to get the license back once it’s lost.

To get your license back you must attend a driver’s license restoration hearing. The hearing is held at a Secretary of State office. A hearing officer will listen to evidence and make the decision on whether the license will be restored to the driver.

The driver must prove to the secretary of State that he or she is sober and will maintain sobriety.

How can an attorney help a driver win back a driver’s license? There are several ways that an attorney can help you.

First, your attorney will help organize and complete the initial documentation for the hearing. The Secretary of State requires the driver to present certain documentation related to sobriety. Technical mistakes in the presentation of this documentation can lead to problems, and unrepresented drivers find their appeals denied because of inconsistent or incomplete paperwork – an avoidable mistake.

Second, your attorney will help prepare you for the hearing. The driver needs to overcome a steep hurdle to obtain the license. This means being ready to answer the hearing officer’s questions and being able to speak well on the necessary topics. Effective presentation at the hearing requires effective preparation before the hearing.

And third, your attorney will make a record in the event an appeal to the circuit court is necessary.

If you lose your hearing, you may appeal that decision to the circuit court. Some hearing officers will deny drivers a license for arbitrary or unfair reasons. When this happens, you don’t need to just accept this loss. You can file an appeal in circuit court and argue to a judge why the hearing officer wrongly denied you a license. This will be an avenue to getting a license.

To win on appeal, it is necessary that the attorney make a record at the Secretary of State hearing on why the driver should receive a license. This means the attorney presents all the necessary evidence to protect you down the road from an unfair ruling by a hearing officer.

Get Started by looking the Secretary of State’s Website on Driver’s License Restoration Hearings.

Here is a PDF of the Request for a Hearing Application to get an idea of the forms involved.

Contact Us

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is an attorney in Ann Arbor practicing driver’s license restoration.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

Read More: How to Get Your Driver’s Licence Back

Read More: A Collection of Driver’s License Restoration Resources

At ArborYpsi Law, we regularly represent Ypsilanti residents charged with crimes. We are familiar with the people and the courts having been located in Ypsilanti for many years.

Eastern Michigan University

We understand the legal issues experienced by Eastern Michigan University students. Many students find themselves charged with crimes familiar to young people, including:

• OWI/DUI
• Fake ID
• Disorderly Conduct
• Assault

Many students are understandably concerned with keeping criminal convictions off their record.

Speeding Tickets

We all get a speeding ticket or some civil infraction eventually. It can be tempting to speed down streets like Washtenaw or Michigan Ave.

Believe it or not, even this attorney has gotten a speeding ticket or two.

Don’t let these tickets go on your permanent record before speaking with an attorney. We can speak with the police officer and prosecutor to work out a deal to minimize the impact to your driver’s license.

An attorney can appear in court on your behalf – you do not need to take off work to sit around court waiting for the judge. We will do everything for you.

14A-2 and 14B District Courts

Cases that begin in Ypsilanti are split by whether the alleged offense occurred in the City of Ypsilanti or Ypsilanti Township.

Cases arising in the City of Ypsilanti are heard in the 14A-2 District Court. Judge Kirk Tabbey presides over the 14A-2 Court. The 14A-2 also has jurisdiction over cases in several districts in addition to Ypsilanti, including Superior Township.

Cases arising in Ypsilanti Township are handled in the 14B District Court. Judge Charles Pope presides over the 14B Court.

Sam Bernstein of ArborYpsi Law is an Ypsilanti lawyer who practices OWI/DUI law and criminal defense.

Call 734-883-9584 or e-mail at bernstein@arborypsilaw.com to speak with Sam Bernstein.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

Call 734-883-9584 for Help on Your Criminal Case