Blog Posts Tagged with criminal law

Why Staying Silent Could Be Your Best Defense

by: Matt Newburg

May 18, 2015 at 11:58 AM EDT

As a criminal defense lawyer, it is no surprise that I constantly tell my clients not to consent to a search and not to talk with authorities.  However, very rarely do I get the opportunity to tell this to the parents of kids who are in trouble.  The story is all too familiar.  A child gets in trouble at school or while they are hanging out with their friends and there becomes a time when that child's parents find out.  Naturally, the parents next reaction is to call either law...

Michigan's Deferred Sentence: A Powerful Tool

by: Matt Newburg

May 12, 2015 at 11:56 AM EDT

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

by: Matt Newburg

May 6, 2015 at 11:54 AM EDT

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...

Call off the Dogs: US Supreme Court Discusses K9 Use During Traffic Stops

by: Matt Newburg

April 22, 2015 at 11:45 AM EDT

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 swerved to...

U.S. Supreme Court Discusses GPS Tracking

by: Matt Newburg

April 6, 2015 at 11:41 AM EDT

In a unanimous decision from the United States Supreme Court, the nation's highest court has addressed whether liftime electronic monitoring of an individual convicted of committing crimes of a sexual nature is a violation of the fourth amendment.  In Grady v North Carolina, Mr. Grady was ordered by a North Carolina Court to wear a GPS tether to monitor his locations while on probation for his convictions.  Mr. Grady objected to the condition that he wear the tether citing fourth...