Michigan Drunk Driving Law Changes....In Favor of the Driver?
Michigan Public Act 315, of the 2014 Legislative Session, which amends M.C.L. 257.625a, was intended to help officers make more drugged driving arrests. But the new law, which was effective January 12, 2015 is making things more difficult for prosecutors. Before the amendment, Michigan law permitted a police officer require a driver submit to a preliminary chemical breath analysis if the officer has reasonable cause to believe that the person was operating a motor vehicle w
Senate Bill 783 on Fast Track Through Michigan Senate
Senate Bill 783 seems to be on the fast track through the Michigan Senate. The Bill seeks to amend Section 7 of the Michigan Medical Marihuana Act limiting where individual patients and caregivers can grow and use marijuana to aleviate their debilitating medical conditions. Specifically the bill would allow landlords of private residental property to prohibit patients and caregivers, through the leasing documents, from growing marijuana and smoking it on the property. The B
WLNS News Turns to Matt Newburg to Discuss Medical Marijuana
(WLNS) – Lawmakers are still considering measures to define the future of medical marijuana in Michigan. Legislation discussed in the senate Wednesday aims to eliminate some of the legal gray areas, but critics say lawmakers are focusing on the wrong issues. Medical marijuana in the state of Michigan has a complicated track record. It was approved for medical use by voters in 2008, but dispensaries became illegal under a 2013 Supreme Court case. Yet we still see them in Michi
Michigan Supreme Court takes on Medical Marijuana
January 14, 2015 will be, perhaps the biggest day in the Michigan Supreme Court for Michigan’s Medical Marijuana Patients and Caregivers. The Court will hear a total of three cases that discuss Michigan’s Medical Marihuana Act and the defenses that are embodied within the statute. The two cases that discuss the heart of Section 4 and Section 8 are Hartwick and Tuttle: People v Richard Lee Hartwick/ People v Tuttle: Richard Hartwick, was arrested for illegally growing and po
Michigan Court of Appeals reverses Tuscola County Medical Marijuana Convictions
On January 13, 2015 the Michigan Court of Apppeals, in an unpublished opinion finally held what Newburg Law attorneys have been saying for years. There is absolutely no weight restrictions contained in Michigan’s Medical Marihuana Act for “drying” marijuana. In doing so, the Michigan Court of appeals reversed the convictions of Johnnie Randall. After a bench trial (a trial in front of the Judge and not a jury) Mr. Randall was convicted of Possession of marijuana and unlawf
Guilty Until Proven Innocent
Virtually every criminal case that is sensationalized includes a comment by a law enforcement official indicating that the person they arrested clearly violated the law. If the media reports a case while a trial is ongoing they interject their own opinions about the defendants guilt. I have tried cases in front of juries and represented hundreds of criminal defendants—not one of those individuals was treated as an innocent person while their case was proceeding through the
Staying Silent is Your Best Defense
Everyone knows about Miranda rights and everyone knows that, when questioned by police, they do not have to talk. But why do so many defendants talk to the police even when they might be the target of an investigation? Because they feel pressured to do so? They were told by the police that if they talk nothing will happen to them? Who knows. What is clear is that silence is the best defense available to a criminal defendant. Typically someone comes in contact with the po
Removal from the Sex Offender Registry
Convicted sex offenders who qualify under the Sex Offenders Registration Act (Act 295 of 1994), are listed on the Michigan Public Sex Offender Registry (“Registry”). The Registry includes an offender's offense, photo, a physical description, the offender's last reported address, whether the offender is enrolled at a post secondary school, employment address, vehicle information, and any known aliases. The length of time an offender remains on the registry depends on which Tie
Holmes Youthful Trainee Act (HYTA)
Being charged with a felony in Michigan is life changing. The significance is compounded when someone receives felony charges when they are relatively young. The Holmes Youthful Trainee Act or HYTA can minimize the collateral consequences of a felony charge if the criminal defendant successfully completes their probation in Michigan. Any criminal defense law firm and any top Michigan criminal defense attorney understands the HYTA statute and the benefits their client will r