For individuals in Michigan convicted of Operating While Visibly Impaired, Operating While Intoxicated, or Operating with a High BAC, the legislature requires the completion of a substance abuse assessment prior to sentencing. MCL 257.625b(5). Often this is approached as just one more requirement in a long list of conditions placed upon an individual convicted of…
A man’s home REALLY IS his castle
Two recent unanimous Supreme Court of the United States (SCOTUS) opinions in cases decided in 2021 have bolstered an individual’s right to be secure from the government in his own home. Quite simply, individuals have more right to be safe from illegal intrusion by police officers today than they did yesterday, or last month. Caniglia…
Does Michigan Have Stupid Laws?
Most states have laws that might be considered stupid, and Michigan is no exception. Basically, a law that made sense a long time ago might not make a whole lot of sense in 2021, and our lawmakers haven’t taken the time to modernize some of the statutes or ordinances. Here are a few wonky Michigan…
Geocaching for Monkey Fists
I have a friend who is involved in geocaching, which is an internet-based treasure hunt involving GPS coordinates and clues that lead to a treasure box hidden in nature. Most of these involve food-storage boxes that contain a log book and an inexpensive prize. Geocachers are asked to take a prize and leave a prize…
New Law Provides Benefit to Individuals Who Voluntarily Present on Outstanding Warrants
Michigan’s newest jail reforms include significant changes for individuals with outstanding low-level arrest warrants. In commentary included in the Guide to Michigan’s 2020 Jail Reforms it states: “To encourage appearance in court for people with low-level outstanding warrants, the new law requires swift processing, without arrest, of defendants with certain outstanding warrants. . . .”…
What knives are legal to own, possess, and carry in Michigan?
If you participate in sports or recreation (hunting, fishing, shooting, hiking, camping, cycling, boating, diving), or you have a tool-oriented profession (contractor, plumber, electrician, miner); you probably own knives and carry knives. However, it’s very easy to stray into criminality when carrying some knives. Most people who violate the law with a knife don’t even…
First Wave of Criminal Justice Reforms Going Into Effect March 24, 2021
Approved criminal justice reforms begin March 24, 2021 in Michigan. The first wave of changes affects non-serious misdemeanor sentences, intermediate sanctions for felonies, and HYTA. Many of the changes are showcasing a shift in focus from incarceration to non-jail sentencing. Amended MCL 769.5 creates a rebuttable presumption against jail or probation for non-serious misdemeanors. While…
Public Defenders in the news.
Watch Chief Public Defender Patrick Crowley on WNMU’s Ask The Lawyers Criminal Law Special.
Criminal Law special edition of Ask The Lawyers
Be sure to tune in to Ask The Lawyers on WNMU-TV on Thursday January 16, 2020 for a special criminal law edition of the program. Prosecuting Attorney Matt Wiese and Chief Public Defender Patrick Crowley will once again answer your criminal law questions from 8:00 – 9:00pm. If you are interested in watching the previous…
SCOTUS says Homelessness is not a crime! (Kind of.)
Today the United States Supreme Court refused to take up an appeal from the city of Boise Idaho on a statute that made it a crime to sleep on city sidewalks. The Ninth Circuit Court had ruled that prosecuting homeless individuals under the statute violated the eighth amendment of the US Constitution because their situation…
