Blog | Michigan Federal Attorney

Federal Prison Rehab Program RDAP can reduce a sentence by one year

Barton Morris2016-11-16T13:37:30+00:00March 2nd, 2015|

A significant portion of the federal prison population suffered from a serious drug or alcohol dependency before their federal charges and conviction. In recognition of this large segment of prisoners and in an effort to ensure success upon their release, the Bureau of Prisons (BOP) has the Residential Drug Abuse Treatment Program (RDAP). This residential inpatient program is mandated by federal law. Qualified prisoner's who enter and complete the program [...]

Once a Drug Dealer Does not Automatically Mean Always a Drug Dealer

Barton Morris2016-11-16T13:37:30+00:00February 9th, 2015|

The Defendant Samuel Richardson was charged with possession with intent to distribute cocaine base in the Federal Court in Bay City Michigan. At trial the government sought to use Richardson's 1998 state conviction for Delivering less than 50 grams of cocaine under Federal Rule of Evidence 404(b) which allows other bad acts evidence to show that the Defendant had the same intent to distribute cocaine. The court noted that they [...]

Early Termination of Federal Supervised Release – Exceptionally Good Behavior

admin2016-11-16T13:37:31+00:00February 6th, 2015|

What is Supervised Release? There are two different types of Federal Supervision - probation and supervised release. Probation is given to people who are not sentenced to prison but are still required to abide by conditions set by the Judge and report to a United States probation officer for a period of time. Supervised release is a term of supervision served after you are released from prison. The court imposes [...]

Department of Justice Eliminates the Federal Forfeiture Adoption Program

Barton Morris2016-11-16T13:37:31+00:00January 22nd, 2015|

The Department of Justice has had a criminal asset forfeiture program since the 1980's. The purpose of the forfeiture program is to prevent criminal enterprises from making an illegal profit, to return money to victims of crime and combat organized crime groups. Since 1993 the Federal program allowed state law enforcement agencies to "adopt" their program using the federal court to seize and forfeit crime related property because at that [...]

Amendments to Federal Sentencing Guidelines mean tougher penalties for Vicodin Cases

Barton Morris2016-11-16T13:37:42+00:00January 10th, 2015|

Hydrocodone is a prescription opioid analgesic narcotic used to treat and relieve pain. The most well known brand name is Vicodin which is hydrocodone mixed with acetaminophen. It is the most prescribed medication in the country. Prior to August of 2014 Vicodin and other medications that were mixtures with hydrocodone were classified by the Drug Enforcement Agency as a schedule three drug meaning that it was less likely for abuse [...]

Court Rules Those Suspected of Child Porn have Less Rights in Their Homes

Barton Morris2016-11-16T13:37:42+00:00December 23rd, 2014|

The United States Constitution states that one of our most cherished rights in this country is to be free from searches of our homes without a search warrant based upon particularized facts that establish a nexus between the place to be searched and the evidence sought. That means before the police can search our homes, they must demonstrate sufficient evidence that there is actually evidence of a crime in the [...]

Attempt Fleeing and Eluding Ruled a Violent Felony for ACCA

Barton Morris2016-11-16T13:37:42+00:00December 6th, 2014|

Federal criminal law carries a stern punishment for persons whom qualify as armed career criminals (ACCA). If a person is convicted of unlawfully possessing a firearm under 922(g) and they have three previous convictions for violent felonies or serious drug offense they must serve a mandatory 15 years in prison. A violent felony is defined as an offense that has an element of the use or attempted use of physical [...]

Rights People Lose and Consequences if Convicted of a Felony in Michigan

admin2016-11-16T13:37:42+00:00August 18th, 2014|

Every criminal offense has a maximum penalty which defines whether its a misdemeanor or a felony. In Michigan, a felony is a crime that is punishable by two years or more. If you have been convicted of an offense that has a maximum penalty of two years or more you are considered a felon. Examples of common felonies include assault with a weapon, third offense drunk driving, second offense possession [...]

Your Digital Fourth Amendment Rights: Police must get warrant to search your phone

admin2016-11-16T13:37:43+00:00August 1st, 2014|

Because your cell phone is such a pervasive and insistent part of your daily life the United States Supreme Court in Riley v. California ruled that, absent an emergency, the police must have a warrant before searching one. The Court decided that because the cell phone of today has such immense storage capacity that searching through it would reveal more details of your personal life than searching your entire home. [...]

Barton Morris completes third American Chemical Society Forensic Chromatography Course

admin2016-11-16T13:37:43+00:00July 4th, 2014|

An attorney who represents persons accused of drunk and drugged driving cannot do it effectively unless they have the specialized education and experience with chemical testing. Almost every case involves a breath test measurement of bodily alcohol or a blood test for the presence and measurement of drugs. What we are talking about is science which many attorneys are afraid of or simply think they do not need to learn. [...]