Blog Posts Tagged with criminal

Legislation would make police body camera footage unavailable to the public

by: Matt Newburg

December 16, 2015 at 8:54 PM EST

A bill has been introduced in the Michigan Legislature that would exempt from public disclosure video and audio footage recorded by police body cameras.

Senate Bill 634, sponsored by Sen. Rick Jones (R-Grand Ledge), would amend the state’s Freedom of Information Act to exempt certain audio and video footage from being made public. 

Jones has said he introduced SB 634 on Dec. 3 because a policy needs to be in place to protect the privacy of individuals. According to the senator, not all...

Michigan Standardizes CPL Process by Eliminating County Gun Boards

by: Jason Osbourn

December 2, 2015 at 8:46 PM EST

As of December 1st, County Gun Boards are a thing of the past and Michigan is now a “shall issue” State. Legislation recently signed into law by Governor Snyder establishes a specific set of criteria which, if met, requires the County Clerk to issue a Concealed Pistol License (CPL). Gun Boards and the discretion they exercised are no longer a component of the licensing process.

Gun Boards were three-member panels created under Michigan Law to evaluate and license applicants for CPLs. These...

Greater Police Accountability for Confiscated Property

by: Matt Newburg

October 8, 2015 at 9:20 PM EDT

Local police departments will find it more difficult to keep and sell confiscated property under legislation that has sailed through both the Michigan House and Senate.

On Oct. 7, the Senate unanimously passed a seven-bill package aimed at reforming Michigan’s civil forfeiture law. The House passed the legislation several months ago with little opposition.

House Bills 4499, 4500, 4503, 4504, 4505, 4506 and 4507 are now on Gov. Rick Snyder’s desk. He is expected to sign them.

The bills will...

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...