Archive for the ‘Michigan Law’ Category

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Violent Offender Statute – 4th / Michigan Compiled Laws MLC §769.12(1)(a)

On October 1, 2012, the Michigan Legislature amended MCL §769.12 to make certain persons eligible for a 25-year mandatory minimum sentence upon conviction of a “Serious Crime” or a “Conspiracy to Commit a Serious Crime”. This amendment is known commonly amongst attorneys as the “Violent Offender“ stature.   A serious crime is defined by the statute as […]

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Application For Original Driving License/Privileges Denied By The State of Michigan

Facts: The prospective clients has had his application for an original license in Michigan denied-rejected. He was told that the State of Michigan will not issue driving privileges to him until at least 03/11/2018. He DID NOT APPLY for an original Michigan driver’s license prior to being convicted of 2 moving violations in the three years […]

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When can I seek help for my drug problem and not get arrested?

According to the Center for Disease Control and Prevention, “Opiate – prescription and illicit – are the main driver of drug overdose deaths. Opiates were involved in 33,091 deaths in 2015, and opioid overdoses have quadrupled since 1999.”  In Michigan in 2015, 1,980 individuals died from a drug overdose.  This is up 13.3% from 2014. […]

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The Corpus Delecti rule – “The body of a Crime”

Situation: I admitted to a crime, but the officer doesn’t seem to have any other evidence. Can they convict me of my crime? Response: It all depends on the crime you admitted to. The Corpus Delecti rule, latin for “the body of a crime”, is the common law rule in Michigan which originally required proof […]

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Michigan Expands Youthful Offenders’ Eligibility for HYTA Status

If an individual is convicted of any offense other than, (1) a felony punishable by life imprisonment, (2) a major controlled substance offense, (3) a traffic offense (4) certain sex crimes, he or she may be eligible for Holmes Youthful Trainee status.   Beginning in August 2015, youthful offenders ages 17-24 are eligible to have […]

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Sentencing Guidelines No Longer Mandatory in Michigan

Sentencing guidelines are applicable to felony cases in Michigan and, in the past, have given the judge the range for which he or she may sentence a Defendant. Guidelines are determined by considering two sets of factors – a defendant’s prior record and characteristics of the offense for which the defendant is being sentenced. In […]

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C.S.C.: Child Witness may not have to face Defendant

Another child witness accommodation in a criminal sexual conduct case is the allowance for the child witness to testify outside the presence of the defendant.  There are different levels of testifying outside the presence of the defendant. Preliminary Examination (hearing where prosecution has to show a crime occurred and probable cause the defendant committed the […]

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Instructing the Jury on Your Defense

This blog will discuss a trial judge giving proper jury instructions. To begin, jury instructions are the set of legal rules a judge reads to a jury for the jurors to follow when deciding a case.  Regarding jury instructions, the instructions “must include all elements of the charged offenses and any material issues, defenses, and […]

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Dog Fight – Watching is Illegal

This blog will discuss the consequences of attending a dogfight in the state of Michigan.  A person violates the law against dogfights if he or she (1) is present at a dogfighting exhibition and (2) knows that the dogfighting exhibition is taking place. A recent Michigan Court of Appeals case discusses the law against attending […]

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Personal Protection Orders

This blog will discuss Personal Protection Orders (PPOs) in the state of Michigan. Primarily, this blog will review when a trial court must issue a PPO.  A trial court must issue a PPO if it finds there is reasonable cause to believe the individual to be restrained may commit certain acts, including engaging in stalking.  […]

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