Blog Posts Tagged with criminal defense

Michigan Drunk Driving Law Changes... In Favor of the Driver?

by: Matt Newburg

March 4, 2015 at 8:09 PM EST

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 while...

Michigan Supreme Court takes on Medical Marijuana

by: Matt Newburg

March 4, 2015 at 11:54 AM EST

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...

Michigan Court of Appeals Reverses Tuscola County Medical Marijuana Convictions

by: Matt Newburg

March 4, 2015 at 11:35 AM EST

On January 13, 2015 the Michigan Court of Apppeals, in an unpublished opinion finally held what Newburg Law attorneys have been saying for years.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...

Guilty Until Proven Innocent

by: Matt Newburg

March 4, 2015 at 9:56 AM EST

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 court...

Removal from the Sex Offender Registry

by: Matt Newburg

March 4, 2015 at 9:18 AM EST

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 Tier...