Archive for September, 2014

Michigan Sentencing “Tanner Rule”

This blog will discuss the two-thirds rule of Tanner and MCL 769.34(2)(b) with respect to sentencing in Michigan. Michigan has an indeterminate felony sentence structure; this means the sentence is not given a definite duration.  Rather, a prison term will state a range of time, such as “three to five years.” The Tanner rule is […]

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Criminal Sexual Conduct Polygraph

This blog will discuss polygraph examinations in criminal sexual conduct cases.  Specifically, in criminal sexual conduct cases, a defendant must be given a polygraph at his or her request.  This is not to say it is advisable to do so; always request and speak to an attorney first before taking a polygraph test. Although not […]

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Refusal to Take Chemical Test

This blog post is a continuation of the drunk driving series from the last few weeks.  This week, we will discuss what the next step is if an individual refuses to submit to a chemical test. As a reminder, in the state of Michigan, a person must not operate a vehicle if he or she […]

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Evidentiary Breath Test (EBTs)

This blog is a continuation of the drunk driving series from last week’s post.  This week, we will discuss Evidentiary Breath Tests (EBTs). Again, in the state of Michigan, a person must not operate a vehicle if he or she “has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per […]

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