Marijuana decriminalization in Grand Rapids withstands legal challenge
The decision of Grand Rapids voters to decriminalize marijuana possession by amending the city charter will remain undisturbed, now that the Michigan Supreme Court has declined to hear a challenge to the law’s constitutionality. In 2012, more than half of Grand Rapids voters amended the city charter and made marijuana possession a civil infraction, with fines ranging from $25 to $100. But Kent County Prosecutor Bill Forsyth challenged the amendment, claiming that voters could
15 minutes: The waiting game
Michigan Law requires that prior to the administration of a Datamaster test officers must monitor the person submitting to the test for the 15 minutes prior to the datamaster administration. A datamaster is a test that is often times administered at the jail after an individual has been arrested for Operating Under the Influence of Liquor. While Datamaster results are admissible in any civil or criminal case, the admissibility is not absolute. Datamaster results are admisi
Lockridge is a Game Changer for Sentencing in Michigan.
The Michigan Supreme Court has changed the way criminal defendants will be sentenced in a dramatic fashion. As a criminal defense lawyer, I have had the fortune of traveling around the state on a number of criminal cases. Some are high profile and others are not. Regardless, I knew one thing: if my client was convicted or pled to a felony, seeking a downward departure from the mandatory sentencing guidelines was going to be the primary challenge. The Michigan sentencing gui
Statute Definitions Could Help Jackson Baseball Coach
This past week, Jonathan Hastings resigned from Jackson Public Schools amid allegations that he was engaging in illegal activity with a student who is believed to be 17 years old. It appears that Mr. Hastings was charged with Using a Computer to Commit a Crime and Promoting or Distributing Child Sexually abusive activity. It is the latter of the two charges that carries a life changing penalty. He could face a maximum sentence of 7 years in prison (but, given his lack of c
Michigan "Firearm" change could prove to be a valuable defense
On May 12, 2015, Michigan Governor Rick Snyder signed a series of bills that, in part, modified the definition of a firearm in Michigan. That change could prove to be a huge benefit to Joe Forebeck. Joe Forebeck, of Lansing is a 17 year old student who was recently arraigned in Eaton County District Court for bringing a BB gun to Waverly High School. He was charged with Feloneous Assualt in a Weapons free school zone which is punishable by up to four years in the state pri
Michigan's Deferred Sentence: A Powerful Tool
Michigan has just a handful of statutes that permit an individual from leaving the criminal justice systems unscathed--absent an acquital or dismissal. HYTA, or Holmes Youthful Trainee Act, has been discussed in detail here. The other is MCL 333.7411 which applies strictly to possession of certain controlled substances. The third is the delayed sentence statute. After a plea of guilty or a guilty verdict the court may delay the sentence for not more than 1 year to give the
East Lansing Voters Permit Possession of Marijuana
65% of East Lansing voters voted to legalizes the possession, use and transfer of up to an ounce of marijuana on private property as long as the individual is 21 years or older. However, this is not a total "legalization" within the city limits. It is still illegal to consuming marijuana in public and unless someone is complying with Michigan's Medical Marijuana Act, it is still illegal to deliver or transfer marijuana in East Lansing. This will undoubtedly create some ques
Michigan Sex Offender Registry Requirements Significantly Change
Michigan's Sex Offender Registry has been changed in dramatic fashion. In an approximately 80 pageopinion, Judge Cleland has struck down a number of SORA provisions. Recently, Newburg Law was hired to represent an individual who pled guilty for failing to comply with the SORA requirements. Our client was on parole and was potentially facing parole revocation. That changed when we called the prosecuting attorney and informed them that we would be filing a motion to withdra
Call off the Dogs: US Supreme Court Discusses K9 Use During Traffic Stops
An individual who has been pulled over for a traffic violation may not be detained by police longer than necessary for the officer to issue a ticket or warning for the alleged driving infraction. That is according to the United States Supreme Court. Shortly after midnight in March 2012, Officer Morgan Struble saw an SUV veer slowly onto the shoulder of the highway and then jerk back onto the road. The officer pulled the vehicle over and questioned the driver about why he swe
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