You don’t need a prescription to obtain medical marijuana in the state of Michigan—merely a doctor’s note. But that won’t cut it for many judges who believe medical marijuana can and should be regulated for probationers, according to the Daily Telegram.

Lenawee County Circuit Judge Timothy P. Pickard frequently forbids probationers in his courtroom from gaining access to medical marijuana. He does this by making it a condition of their probation. Though the state doesn’t have any restrictions on people with criminal convictions using or growing cannabis, as long as they have their medical marijuana card, Pickard believes it’s his duty to place those restrictions himself.

A judge or probation officer can limit or restrict other legal activities, like drinking, for those under supervision. It’s along these lines that some Michigan judges are adding a medical marijuana condition to probation contracts in their courts.

Pickard is concerned that medical marijuana is too easily accessed in Michigan, leading to many people obtaining cards who don’t really need the substance to treat a medical condition. “I don’t buy it,” he says when sentencing one cocaine offender. “It seems to be an excuse for everybody to light up and smoke dope.”

In his courtroom he is particularly restricting access to those convicted of drug offenses. He says he will still consider allowing medical marijuana for people who are not convicted of a drug related crime and who can demonstrate that the marijuana can assist them in treating a serious medical condition, something he says he has yet to see.

The local district court has implemented a similar policy, taking an even harder line by requiring probationers to surrender their medical marijuana cards as a condition of their supervision. The state Department of Corrections has no policy set in stone on probationers and medical marijuana (though they do ban employees from medical marijuana).

Though Michigan citizens support access to medical marijuana, it is still regulated. Like alcohol, the state can set up rules regarding how it is obtained. Likewise, judges can add it as a legitimate condition of probation. It isn’t clear if judges have restricted the substance from people who really needed it for treatment of a medical condition or not. But it’s not improbable considering the judges in question seem opposed to medical marijuana altogether.

For people who are on probation, even if they once had a medical marijuana card, growing or possessing pot could bring about new criminal charges, not to mention a probation violation.

While medical marijuana and decriminalization laws are expanding nationwide, Michigan will still aggressively prosecute charges, and judges interpret the law strictly. If you are charged with a marijuana offense in MI or are facing a probation revocation hearing, our attorneys can help.

Over thirty years ago, Flint was booming. Now, it’s imploding. One in five residents is unemployed and the city leads the nation in violent crime rates. Citizens are scared and police seem to be unable to do anything about it.

Last year, according to the FBI, Flint Michigan led the country in murders, aggravated assaults, arsons, and burglaries. Hardly a feat worth bragging about. Poverty, no doubt, has played a role. But so has the fact that the city is surviving with the lowest cop to citizen ratio in the state.

In the past three years, the city has had to reduce their police force by 2/3. There are 1.2 cops for every 1,000 citizens. Detroit has the second lowest rate with a comparatively dramatic 3.9 officers per 1,000 residents. Flint’s population is about 102,000 and their police force numbers 124 officers.

Mayor Dayne Wallling took office in 2009 with a promise that he would cut crime by 10%. But in part because the police refused to make concessions during budget talks, layoffs had to resume. Walling will subsequently face a tough reelection this year.

According to the Detroit News, the people of Flint are either terrorized or apathetic about the situation. They take extra effort in protecting their homes—like buying new pitbulls, erecting taller fences, buying guns, or blocking their doors with heavy furniture. Some, however, use the lack of enforcement to breeze through stop signs and sell drugs in plain view on the corners.

How the city will deal with this epidemic of crime and carelessness isn’t clear. When communities are filled with people who can’t find work because the industries that their city was built off of are now gone, the entire city suffers. While the Detroit News points out some downtown districts are picking up—city officials refused to comment for the story, showing they have no better answers than anyone else.

There is a group of people within Flint who now too well that those 124 officers can manage to get some work done—those are the people behind bars facing charges. And despite their presence in the murder capital of the country, they are innocent until proven guilty.

When you are arrested, it can feel like you’ve already been judged. But you are entitled to certain rights under the Constitution, rights that a defense attorney is there to ensure are protected. If you are facing any type of criminal charges in Flint or across Michigan, contact out attorneys today.

It seems we read stories on a monthly basis of convictions being overturned after the fact. Whether due to prosecutorial misconduct or mistaken identity, the growing trend seems to suggest there are more innocent people behind bars than previously suspected. If a Wayne County Prosecutor has her way, however, some of those innocent people could be required to fulfill their sentence regardless.

According to this editorial from The Detroit Free Press, Prosecutor Kym Worthy is suggesting that prisoners convicted of an offense should not be allowed to present new evidence that could potentially prove their evidence after one year following their conviction. Her proposed rule flies in the face of what’s right and truly just.

Michigan is already nationally recognized as having one of the most disjointed public defense systems, this would certainly not make our state’s system look anymore ethical.

One man, as profiled in the Free Press article, spent years behind bars for a murder he didn’t commit. The evidence that eventually set him free didn’t emerge until 8 years after his conviction. Had this new rule been in place, he would’ve been doomed to live out his sentence as an innocent man in prison.

It seems to me that the right thing to do is exhaust any reliable evidence that’s contrary to guilt. This isn’t just true post-conviction but before as well. When you are facing criminal charges, you need an advocate willing to fight for your freedom at all stages of the process.

The Prosecutor in this case is concerned post conviction motions could divert funds away from new cases. And while she may be right—that’s hardly reason enough to ignore the potentially innocent people behind bars.

Whether you are completely innocent of the charges against you or you believe you are being unfairly portrayed by the police and prosecutor, a committed defense lawyer can help.

As your defense lawyer, it would be my job to ensure that no stone is left unturned in your case. Prosecutors aren’t always right and criminal charges can be filed against the innocent. Despite how it may feel, you truly are innocent until proven guilty.

Contact our attorneys today to discuss your case. Whether it’s a theft charge or a crime like assault, we can help.

A twelve year veteran of the Grand Traverse County Sherriff’s Department is being held in the Leelanau County Jail on $250,000 bond today after an incident over the holiday weekend. According to an earlier report from the Record-Eagle, the 35 year old deputy was named the 2007 employee of the year. The same isn’t likely for 2010.

According to the report, Michigan State Police were called to a domestic disturbance in Acme Township. Upon their arrival they found the defendant face down in the driveway. When troopers told the deputy to stay where he was, things got hairy.

He is accused of approaching Troopers with his county issued pistol out and stating “You’re going to have to kill me.” He then struggled with the arresting officers and choked one of the troopers. When he was finally taken into custody, he had to be treated at the local hospital for abrasions and lacerations.

While there are no details as to the nature of the “domestic” incident, we do know the defendant is facing charges of a domestic nature involving two female family members. In all, he is said to face charges of resisting arrest, possessing a firearm while intoxicated, and two counts of domestic violence.

The charges he faces for domestic violence depend on the actual details of the case. The assault charge against the trooper, however, could get him up to 4 years in prison.

It isn’t rare for one criminal charge to accompany others, particularly when there is alcohol involved. According to all reports, however, this particular defendant had no prior criminal history and now faces several charges.

The domestic violence charges don’t have to be committed against his wife, as several relationship classifications can be considered “domestic” in nature. Even an ex-spouse or roommate can qualify an offense for a “domestic” classification.

If you are facing charges of assault or domestic violence, having an aggressive attorney on your side is crucial. These kinds of charges have the potential to completely alter the course of your life and you are right to be worried.

Contact our criminal law offices today to discuss the details of your case and what options might be available to you.

The Detroit News reported a large marijuana bust this week, one that ended in the confiscation of about 20 pounds of pot and at least one arrest.

According to the report, the marijuana was already packaged for sale when the officers located it in the back seat of a vehicle.

Although the reasons are unknown, officers stopped the vehicle around 8pm near Fullerton and Dexter. Upon stopping, the driver fled the scene on foot. When officers lost him and returned to the car, they found the two occupants missing and the marijuana left behind.

The driver was later found but it isn’t clear about the occupants.

More than likely the man behind the wheel will be facing some serious charges, possibly Possession with Intent to Deliver. Because of the amount of weed that was found, the charge could result in up to 7 years in prison and $500,000 in fines.

Although most marijuana cases aren’t this serious, this one is a good example that marijuana is considered illegal and although it is seen more commonly in the court systems it is still punished severely in situations like this.

For the casual marijuana user the typical charge is possession of marijuana, a misdemeanor. If this is the first time you have been in front of the court, your defense attorney may be able to get that charge conditionally discharged.

This means the Michigan courts are occasionally willing to give people a second chance, particularly when the charges are fairly minor.

A conditional discharge means that you will serve a period of probation before going to trial. If you complete the probation with no violations, the charges against you may be dropped.

When you are found on the wrong end of the law, the potential outcomes can be frightening. If you are facing marijuana, or any other drug charges, we can help. As defense attorneys, our job is to ensure that clients’ rights are protected throughout the criminal justice process.

Call us today to discuss the details of your case and how our attorneys may be able to help.