Police might seize a firearm when making an arrest or conducting an investigation. Sometimes, the firearm will be returned; but police and certain prosecutors are reluctant to return a firearm. Where police seize a firearm as evidence of a crime, police may keep the firearm for several years as the criminal case winds its way … Continue reading Do Police Have To Return A Firearm?
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Increase in R&O felony charges result from the government having unchecked power.
Our Legislature must take a look at these type of police abuses. It is unconscionable that a free citizen of this State and this Country is FORCED to comply with literally any request made by a person in uniform. My old football coach used to say that if he said “jump” we should ask “how high?” God forbid if you as that of an officer in Marquette County; you will probably be arrested for Resisting and Obstructing.
Substance Abuse Assessments and OWI Offenses
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 … Continue reading Substance Abuse Assessments and OWI Offenses
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 … Continue reading A man’s home REALLY IS his castle
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 … Continue reading Does Michigan Have Stupid Laws?
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 … Continue reading Geocaching for Monkey Fists
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. . . .” … Continue reading New Law Provides Benefit to Individuals Who Voluntarily Present on 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 … Continue reading What knives are legal to own, possess, and carry in Michigan?
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 … Continue reading First Wave of Criminal Justice Reforms Going Into Effect March 24, 2021
Public Defenders in the news.
Watch Chief Public Defender Patrick Crowley on WNMU's Ask The Lawyers Criminal Law Special.
Office of the Public Defender 