Blog Posts Tagged with defendants

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...

Michigan Sex Offender Registry Requirements Significantly Change

by: Matt Newburg

April 29, 2015 at 11:49 AM EDT

Michigan's Sex Offender Registry has been changed in dramatic fashion.  In an approximately 80 pageopinion, Judge Cleland has struck down a number of SORA provisions.  Recently, Newburg Law was hired to represent an individual who pled guilty for failing to comply with the SORA requirements.  Our client was on parole and was potentially facing parole revocation.  That changed when we called the prosecuting attorney and informed them that we would be filing a motion to withdraw our...

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...

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...