Blog Posts Tagged with criminal law

15 minutes: The waiting game

by: Matt Newburg

August 24, 2015 at 7:59 PM EDT

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...

Court of Appeals: Doctor Testimony Not Required for Section 8 Defense

by: Matt Newburg

August 3, 2015 at 7:57 PM EDT

Unregistered patients do not need to have a doctor testify at a hearing to determine whether that person is permitted to present an affirmative defense under Michigan’s Medical Marihuana Act (MMA) to a jury.  In an unpublished opinion, the Michigan Court of Appeals vacated Mr. Sherwood’s conviction and sentence ordering a new trial on the allegations that he was unlawfully manufacturing marihuana.  The primary issue was whether the MMA required unregistered patients to present a...

Lockridge is a Game Changer for Sentencing in Michigan

by: Matt Newburg

August 2, 2015 at 7:55 PM EDT

Jail Cells

 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 guidelines set...

Statute Definitions Could Help Jackson Baseball Coach

by: Matt Newburg

May 23, 2015 at 12:04 PM EDT

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...

Michigan "Firearm" change could prove to be a valuable defense

by: Matt Newburg

May 22, 2015 at 12:01 PM EDT

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 prison. 

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