The Michigan Court of Appeals recently released its opinion in People v Bensch, upholding the longstanding rule in Michigan that a criminal defendant may refuse to be put on probation and instead decide to go to jail or even prison.
After there’s a conviction in a criminal case, a defendant may be given a sentence which includes paying fines and costs or serving a period of incarceration if payment is not made.
An interesting story is developing in Washington, D.C. with the constitutional showdown between Democrats in Congress and United States Attorney General William Barr over his alleged refusal to honor a congressional subpoena and turn over an unredacted copy of Special Counsel Robert Mueller…
On April 25, 2019, a three-judge panel of the United States District Court for the Eastern District of Michigan issued its opinion in League of Women Voters of Michigan v Jocelyn Benson, Michigan Secretary of State.
Under the Enumeration Clause of the United States Constitution, there is to be a census every 10 years to determine the population of each state and the number of representatives that each will have in the House of Representatives.
On Dec. 30, 2018, Utah became the first state in the nation to lower the threshold for its Operating While Intoxicated law to .05 percent blood alcohol concentration (BAC). All other states still have .08 percent thresholds or limits.
Almost three years ago, I wrote about a 2016 Michigan law, which was intended to give police departments an additional tool to investigate cases involving drivers suspected of operating their motor vehicles after using drugs.
DNA testing is used for various purposes including examining crime scenes where investigators take samples from objects or people present at the time of the offense to determine if potential suspects touched anything or anyone.
Today I will talk about the Marbury v. Madison case, which is well known to lawyers but to few others, and which has been described as one of the most important decisions in United States Supreme Court history. It was authored by Chief Justice John Marshall who is considered by many legal s…
Last Sunday’s Tri-County Times article about our area’s expected commercial and residential growth in the coming year was a wonderful reminder of how important it is to have planning and zoning laws.
For those who are following the criminal investigations in Washington, D.C. and New York as to possible Russian government interference in the 2016 Presidential election and hush money payments to two women by President Donald Trump’s former attorney, the news is seemingly unending.
“I am a six-year member of a maintenance crew in a rental home community. Because I am extremely allergic to marijuana smoke, management doesn’t force me to work in a house where the residents with medical marijuana cards are smoking. Now that recreational marijuana is legal, I fear this is…
The statute was enacted as a result of the June 18, 2014 Michigan Supreme Court opinion in People v Cunningham, which held that under the then existing statute, trial court judges did not have the authority to impose court costs.
The calls for change have been heard in a number of locations with the first significant change coming in 1991 when Washington, D.C. enacted a law, which had the effect of virtually eliminating cash bail.
Last Thursday the nation watched as the Senate Judiciary Committee continued with the hearing on Judge Brett Kavanaugh’s nomination to the United States Supreme Court as to an allegation that Judge Kavanaugh committed a sexual assault against Dr. Christine Blasey Ford some 36 years ago.
Last week’s jury trial convictions of Paul Manafort, the former campaign chairman for President Trump, and the guilty pleas of Michael Cohen, his former attorney, were interesting from a number of legal perspectives.
A plat is a map showing how an area of land (tract) is divided into lots to create a subdivision. It shows the land’s size, boundary locations, nearby streets, and other details including rights of way and easements.
I own two vacant parcels with access to a private lake. When I purchased the property, I was told there were three lake access easements. I verified this with the proper officials and have a plat map showing the locations as well. I pay a special assessment on my taxes for the lake and I can…
Criminal conspiracy has been in the news lately as Justice Department Special Counsel Robert Mueller investigates allegations that the Russians interfered with the 2016 presidential election.
In 1964, singer and songwriter Bob Dylan released his third album, “The Times They Are A-Changin.’” Included on the album was a song with the same title. The song told us how change is a necessary part of life and that people need to change their way of doing things when the old way just d…
These improvements included making Michigan’s county-based public defender system more accessible to indigent defendants. Unfortunately, funding for appointed attorneys was left to the counties with no state assistance, which created its own set of problems statewide.
The Sixth Amendment to the United States Constitution contains a number of procedural and substantive rights that defendants in criminal prosecutions are to be given.
On June 26, in Trump v Hawaii, the United States Supreme Court upheld the authority and constitutionality of President Donald Trump’s Sept. 24, 2017 Proclamation imposing travel bans and restrictions on citizens of seven countries including several which are predominately Muslim.
An interesting story is developing out West with the June 12 announcement by California Secretary of State Alex Padilla that he will certify a voter initiative on June 28, which will appear on the November general election ballot, and ask California voters if they wish to divide California i…
When President Trump was elected, the fact that he had a number of business interests, both foreign and domestic, was already being widely discussed and publicized as possibly creating conflicts of interest.