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?
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?
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”
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?
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.
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
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
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?
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
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
Office of the Public Defender 