Clients arrested for DUI often complain that they ‘were not read their rights when they were arrested” and ask if that fact can help their case. What "Rights" are they referring to? There are a couple of different types. The “rights” that they all are usually referring to are called Miranda Rights which are as follows: YOU HAVE THE RIGHT TO REMAIN SILENT. ANYTHING THAT YOU SAY CAN AND WILL [...]
Getting a conviction expunged can sometimes be the only path to complete redemption from a mistake in the past, especially if the conviction was for a felony – felons are banned from MANY of the freedoms that Americans enjoy, and only through expungement can the conviction be removed. And there’s good news on that front in Michigan! Right now, the state congress has a proposed bill with some positive changes to [...]
More than 13 million arrests are made each year by law enforcement in the United States. A majority of those arrests are alcohol and drug related driving and possession offenses. People who are arrested by the police have a picture taken of them, which is customarily called a “Mug Shot”. The mug shot becomes a part of the arrest record along with an arrest card and fingerprints. These photographs have [...]
On Friday May 3, 2012 Barton Morris, as part of the Michigan Association of OWI Attorneys (MIAOWIA) Faculty participated in the Trial Skills Course on the second day of the Genessee County Bar Association Criminal Law Seminar. The event was held at the Riverfront Banquet Center in downtown Flint, Michigan. The MIAOWIA panel of attorneys included East Lansing OWI attorney Michael Nichols, Associate Professor Dr. Andreas Stolz of Michigan State [...]
The active ingredient in marijuana is tetrahydrocannabinol otherwise widely known as THC. That is the stuff that gets a user high and provides a medicinal benefit to many which is why Michigan and 18 other states have legalized it in 2008. With the medical marijuana explosion in Michigan has come the increased production, distribution and use of super concentrated THC commonly known as hash, hash oil, or earwax (that is [...]
On Friday, April 19, 2013, NBC Sports announcer Al Michaels was arrested and charged with DUI. His bodily alcohol content was reportedly at .08. Michaels has been broadcasting sports for over 30 years at ABC Sports before moving to NBC, and his face and voice are well-known to any sports fan. He is 68 years old and one of the last people whom you might think would commit a misdemeanor [...]
When someone passed you a joint at a Kid Rock concert at Pine Knob and you inhaled it, or not, then passed it to another did you realize you committed a felony? It is in Michigan where delivery of a drug to another is illegal and it does not matter whether it was for a profit. Specifically, Michigan law forbids the knowing delivery of any controlled substance to another. [...]
In 2007 Meredith Kercher was found dead in the bedroom of her home in Perugia, Italy with her throat slit. Amanda Knox, originally from Seattle, Washington rented the house with Meredith and was her roommate. Amanda and her Italian boyfriend, Raffaele Sollecito, were charged with the murder. They were both tried and convicted in 2009. Knox was sentenced to 26 years in prison. She had served four years in prison [...]
Health Care is one of the most talked about, political and controversial topics on the minds of Americans today. From Obamacare to private insurer influence in congress, it is a huge societal issue. Many believe that health care is the most important issue this county faces today. The seemingly continually rising costs of health care make the issue increasingly relevant and concerning. Medicare is the federal government’s public health care [...]
A person charged and indicted with a criminal offense in Federal Court will have a magistrate judge make a decision on pre-trial release. In the Eastern District of Michigan it will either be a release on personal recognizance with conditions or detention (aka jail). The Eastern District has a custom not to use cash bonds. A major factor in the magistrate’s decision is the recommendation from the United States Pretrial [...]
