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In the case of People v. McBurrows, the Court of Appeals deal with a venue questions. The defendant was charged with delivery of fentanyl causing death. Before trial, Defendant raised the issue of whether the Monroe County Circuit Court was the correct venue for the trial. Venue means which court will hear the case. A criminal case must be tried in the correct court.

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.

Yes, a DUI conviction in Michigan will always be on your record. Any type of drunk driving conviction cannot be removed from your record.

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.

Doe v. University of Cincinnati is a federal college student sexual misconduct case. It deals with the policies for hearings set by the university when a student is accused of sexual misconduct.

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.

A Personal Protection Order (PPO), sometimes referred to as a restraining order, is an Order by the Circuit Court prohibiting a person from contacting or going near another person.

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.

You’re driving a little too fast down Ford Road in Canton to buy some new furniture at IKEA on Sunday afternoon. All of a sudden, you see the flashing red and blue lights of a Canton police car pulling you over. Uh oh! Speeding ticket time.

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.

Too many drinking and driving convictions within a certain time frame will result in the loss of your driver’s license.

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.

Ypsilanti Criminal Defense Attorney

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:

  • Fake ID
  • Disorderly Conduct
  • Assault

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

Let’s say a police officer pulls you over and smells alcohol on your breath. Is that enough basis for the officer to make you get out of the car and ask you to perform field sobriety tests?

The Court of Appeals in the case of People v. Rizzo said yes. The smell of intoxicants alone (the alcohol) is sufficient for the police to continue an investigation of you after a traffic stop and ask you to perform field sobriety tests.

Facts of the Case

In this case, the police officer pulled over Defendant Rizzo for a defective taillight. The police officer did not claim any bad driving as the basis of the stop. After she was pulled over, the police officer claimed to smell the odor of intoxicants on Rizzo’s breath. On this basis alone the officer asked Rizzo to get out of the car and perform field sobriety tests.

Until the end of April, the 14A and 14B district courts are waiving all penalties and late fees for outstanding tickets for traffic civil infractions and parking violations dated on or before December 31, 2011.

These courts encompass the cities of Pittsfield Township, Ypsilanti, Ypsilanti Township, Saline, and Chelsea.

The license clearance fee for suspended driver licenses is not waived and must be paid before a license can be reinstated.

There are many potential driving-related civil infractions in Michigan that drivers can receive. For many people, their only contact with the justice system will be a traffic-related citation. One of the most common infractions is a speeding ticket.

Upon receiving a speeding ticket the driver has several options. The driver may simply admit responsibility and pay the fine. Or the driver may admit responsibility with the goal of mitigating the consequences of the civil infraction. Lastly, the driver may deny responsibility and challenge the speeding ticket.

There are two means by which to challenge a civil infraction, either by an informal hearing or a formal hearing.  An informal hearing is where the driver represents him or herself and no city prosecutor is involved.  At a formal hearing, the driver is represented by an attorney and will face a city prosecutor.

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