b.law.g

Let’s talk about bond…

The Eighth Amendment to the United States Constitution and Article 1, §16 of the Michigan Constitution prohibit excessive bail. "Bail is generally considered unconstitutionally 'excessive' when it is set at an amount higher than a value reasonably calculated to provide adequate assurance that the accused will stand trial and submit to sentence." Stack v. Boyle, 342 U.S. 1, 5 (1951). For indigent residents of this county, an unreasonable amount may be only a few dollars. When the household income for an indigent resident is less than $28,000.00 per year and the take-home amount for that same pay is only around $1800 per month. And when median rent is nearly $850 per month ($10,200.00 a year), with other household expenses easily exceeding $1000 per month, it is easy to see how a bond of even $100 is impossible.

Suspected of drunk driving?

A criminal defendant is pulled over for drunk driving, here are some important steps they should consider taking: Stay calm and comply: It is crucial to remain calm and cooperative when interacting with law enforcement officers. Follow their instructions and cooperate fully without displaying any signs of aggression or resistance. Adhere to traffic rules: Pull … Continue reading Suspected of drunk driving?

When must the police read me my rights?

Miranda v. Arizona, a landmark case decided by the United States Supreme Court in 1966, established the requirement for law enforcement officials to inform criminal suspects of their constitutional rights before custodial interrogations. The case revolved around Ernesto Miranda, who was arrested by the Phoenix Police Department on suspicion of kidnapping and rape. During the … Continue reading When must the police read me my rights?

How do I obtain a Michigan Driver’s License or ID card?

Applying for a license or an Michigan state ID card may seem like an intimidating task, but knowing what documents you need to present to your Secretary of State office can make the process much easier. In total, you will need to present five documents.  The first necessary document is proof of Social Security Number. … Continue reading How do I obtain a Michigan Driver’s License or ID card?

People who struggle with addiction can’t just “stop it”

Years ago, Bob Newhart had a skit on his show in which he portrays a therapist[1]. In the skit, a young woman enters his office seeking services for several distressing issues she is experiencing.  Bob informs her that for a mere $5.00 he can help her solve all her problems.  What a deal! However, as the … Continue reading People who struggle with addiction can’t just “stop it”

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 ask 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