John Doe is driving his car after having consumed a few drinks. Suddenly there is a police car behind him and he’s eventually stopped.
Consider the following hypothetical.
Our nation has seen yet another round of mass shootings with the recent events in El Paso, Texas, and Dayton, Ohio.
It should come as no surprise that when a defendant is convicted of a criminal offense there are consequences.
This week we have a question from John who was convicted in Genesee County in 2002 of possession of marijuana (a misdemeanor) and manufacturing marijuana (a felony).
In Michigan, it is a well-known fact that Mackinac Island is a wonderful place to visit, but cars are not allowed.
Last October, I wrote a two-part column about a case that was pending before the Michigan Supreme Court called People v Cameron.
On Nov. 6, 2018, Michigan voters approved three ballot proposals: 1) the Marijuana Legalization Initiative; 2) the Independent Redistricting Initiative and; 3) the Voting Policies in State Constitution Initiative.
Tomorrow is Independence Day and the celebration of the birthday of our great country when our forefathers officially adopted the Declaration of Independence from Great Britain in 1776.
Consider the following. One day out of the blue, you receive a letter from the State of Michigan, which says that your house is directly in the path of a new expressway, the state will be buying your home, and you’ll have to move.
In the 1967 prison movie “Cool Hand Luke,” there is a famous line by the prison captain played by Strother Martin directed to a prisoner played by Paul Newman, which goes, “What we got here is a failure to communicate.” This same line is repeated at the end by Mr. Newman to Mr. Martin.
Under our justice system whenever a matter proceeds to trial, the party filing the case is always required to present evidence to prove their claims.
One of the goals of society has always been to keep children out of harm’s way.
One of the greatest singers of all time left this good earth on Aug. 16, 2018 when Aretha Franklin passed away in Detroit.
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.
Whenever a defendant in a criminal case is charged and arrested there are a number of constitutional and statutory rights which automatically apply.
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.
Before vaccinations were started nationally in 1963, three to four million people per year contracted the measles.
Michigan Courts have jurisdiction over many types of criminal and civil matters.
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.
It is an unfortunate fact of life that some people consume alcohol and then drive their motor vehicles when intoxicated.
The Timbs opinion was written by Justice Ruth Bader Ginsburg.
On Feb. 20, 2019, the United States Supreme Court issued its decision in Timbs v Indiana.
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.
In all federal and state courts, there are rules of evidence, which apply to most legal actions and proceedings.
Abraham Lincoln was the 16th President of the United States.
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.
Unfortunately, in recent times we are hearing more and more about “bullying” in schools and other places.
“I have been a green card holder for over 30 years, married to an American, with adult children and now grandchildren. All the recent news on legal and illegal aliens concerns me greatly and I have the following questions.
The second possibility is when it is found that there’s a substantial probability that the defendant cannot attain competence within the allowed treatment time period. When this happens the case is dismissed and the defendant is also referred to the probate court for a civil commitment proceeding.
I am very proud to be a member of the Genesee County Bar Association (GCBA).
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.
As a District Court Judge, I have domestic violence cases in my court on a regular basis.
As we all know, the holiday season is now upon us.
“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…
With the recent approval of Proposal 1, Michigan joins nine other states and the District of Columbia in allowing the recreational use of marijuana.
Consider the following hypothetical.
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.
Under our system of government, we have “Separation of Powers,” which are divided between three co-equal branches of government — legislative, executive and the judiciary.
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.
As a district court judge, one of my duties in criminal cases is to set bonds for defendants.
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.
The Fourth Amendment to the United States Constitution protects all of us from unreasonable searches and seizures and normally requires the police to obtain a search warrant before entering someone’s house or other private area to conduct a search and seizure.