Ann Arbor Criminal Defense Blog

The Internet Privacy Protection Act, going into effect today, was enacted by the Michigan legislature following several nationally publicized stories of employers demanding that job applicants hand over facebook or twitter account passwords on the spot in order to get the job. The law prohibits employers from demanding employees or job applicants to provide an…

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…

It is a crime to let someone operate your vehicle if that person is intoxicated or impaired. The law states that a person who is in charge or control of a vehicle shall not authorize or knowingly permit another person to use the vehicle. Penalties for Allowing a Person to Operate While Intoxicated/Impaired Allowing a…

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 State of Wisconsin v. Marilyn Torbeck, the Wisconsin Court of Appeals answered the question of whether a person was guilty of operating while intoxicated for driving after huffing DFE, a chemical people inhale to get high. What Happened in the Case Ms. Torbeck was charged with operating while intoxicated-third offense after a crash landed…

In Ter Beek v. City of Wyoming, the Michigan Court of Appeals voided a city ordinance that would prohibit activity that is permitted under the Michigan Medical Marihuana Act. In November 2010, Wyoming, Michigan, a town of about 70,000 people in suburban Grand Rapids, enacted a zoning ordinance that prohibited any land use that would…

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…