Blog Posts Tagged with criminal law

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On January 13, 2015 the Michigan Court of Apppeals, in an unpublished opinion finally held what Newburg Law attorneys have been saying for years.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

Staying Silent is Your Best Defense

by: Matt Newburg

March 4, 2015 at 9:52 AM EST

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...

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...

Holmes Youthful Trainee Act (HYTA)

by: Matt Newburg

March 4, 2015 at 8:52 AM EST

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...