They begin, “You have the right to remain silent” and we can all recite many more lines that follow. Known as the Miranda Rights these rights are read at the time of arrest before police questioning. They are designed to simply inform a suspect of the rights they have, should they choose to use them.

The recent Supreme Court ruling addressed the first line in particular, the part about remaining silent. Yes, it’s true—you don’t have to answer questions if you don’t want to when you are under arrest. But, does that mean you can sit there silently and the police will understand this is you invoking that “right to remain silent”?

The Supreme Court says no. They ruled that in order to invoke the right and completely stop questioning by police, you must verbally tell them you want to remain silent. Seems strange right? In order to remain silent, you have to break your silence. And this is why many people are saying the latest ruling doesn’t make much sense and only serves to whittle away the Miranda Rights.

Police in Bay County state this won’t be an issue there because they routinely read a suspect their rights and then make the suspect sign off on the rights that they want to speak with police. No signature, no questioning. This practice is excellent and ensures the police and everyone involved know the suspect wanted to talk.

But, this practice is only in place in certain departments. This isn’t a statewide procedure and definitely isn’t a countrywide one either. So the conundrum remains, why should someone have to verbally invoke their right to remain silent when the right itself dictates they don’t have to speak?

One local attorney says “It’s not a surprising decision. I’m surprised they haven’t chipped away more at Miranda than they already have” and he isn’t alone. These pesky rights make it difficult for police to “get the bad guy” and anyway in which they can be bypassed serves to make things easier.

Whether we are talking about your Miranda Rights or the protection you have against unreasonable searches and seizures, it is your defense attorney’s job to protect you in court. If you are facing criminal charges, you need an advocate looking out for your best interests at all times.

Drug charges or assault charges—you deserve to be treated fairly throughout the criminal justice process and we can help. Contact our law offices today for a free consultation and to discuss your options.

Simple because a law is present doesn’t mean it’s always enforced. The Detroit Free Press features a story alerting us to all of the outdated rules in towns and cities in the area, some of which are quite laughable.

In some areas you can’t have a sandwich in the cemetery, can’t throw snowballs, operate a gym that allows men and women to mingle, use profane language, paint a bird, loiter in the morgue, or neglect your wife. While some of these acts might actually be morally wrong to some people, the government is no longer recognized as being the moral compass in a community and many of these laws would be considered unconstitutional.

That’s the issue some people are taking with laws like the one that allows bars to ban homosexuals. Of course, no area bars enforce such a rule, but activists would like it repealed just the same.

According to the Free Press, most of these laws were enacted in the beginning of the 20^th century and simply stayed on the books despite the gradual decline of enforcement. According to Clawson City Manager, “If we aren’t enforcing the laws, there isn’t an urgency to remove them.”

One man, slapped with a fine for cursing when he fell out of a canoe, feels differently. He apparently let out a string of foul language. The presence of children allowed him to be charged with one of these old laws. The Court of Appeals struck down the law, however, vindicating the man.

If the entire criminal appeals process is what it will eventually take to get these laws removed one by one, it could be a while before we see them gone. Because, although the police have the authority to enforce the laws, you won’t likely see them enforcing ones like the ban on “indulging in pointless, useless wandering from place to place within a public area without any excuse for such roaming other than impulse” as is a law in Washington Township.

Even when you are charged with a crime that seems trivial to you, the penalties can be very serious. It’s not likely that you have been charged with possessing a white cane (illegal in Pontiac) but you could be facing real criminal charges with real penalties.

Regardless what your charges are, I may be able to help. Contact us today for a consultation on your case.

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.

According to the Detroit News, the Clerk has 10 days to verify the signatures before passing the petition on to the Detroit City Council. From there the council has 90 days to vote on the item or pass it on to voters to make the decision in November. With legalization support at all time highs, Beck no doubt is hoping for the latter.

The proposed initiative would make it legal for residents to be in possession of up to one ounce of marijuana for personal use. Beck claims this measure has the potential to reduce some unnecessary spending in the budget.

In all honesty, not many are optimistic about the measure, even those who support it. Opponents will likely point to the belief that marijuana use leads to more serious drugs or that the legalization would run in contrast to state and federal laws.

Legislation like this is popping up all over the map this year as Californians will be going to the voting booth in November on the same issue. The War on Drugs is seen as largely ineffective by many and the recreational use of marijuana is surrounded by less and less stigma as time goes on.

Currently, however, if you are caught with a small amount of personal marijuana, you will face a criminal charge. Possession of marijuana in Michigan is a misdemeanor and carries up to 1 year in jail. Although the likelihood of you serving a year for a small amount of marijuana is not likely, the possibility is there.

If this is your first offense, there is a good chance we can have the charge conditionally discharged. This simply means you will be required to serve probation pre-trial. When the probationary period is completed satisfactorily, the charges are dropped.

If you are facing marijuana charges in Michigan, contact our attorneys for a phone consultation. Together we can discuss the options available to you under current marijuana laws.

They say the majority of those residential thefts are done by families—people who simply can’t afford to pay the electric bill. While DTE lightens up on removing service over the cold months of winter, they estimate they disconnect up to 500 illegal hookups each day.

There are programs to help people who can’t afford their electricity bills but officials state that very few people know about these programs and that they are underfunded. Instead, families bypass the meters using dangerous wires and routing methods considered to be huge fire and electric shock risks.

Interestingly, however, there are many business owners also getting in on the free utilities. For many of them, it’s not a matter of not being able to pay but rather preferring not to. There are people within the community willing to hook up illegal utilities for a fee less than the average bill, making it an easy decision for some.

Although it doesn’t happen with every incident, the city can criminally charge those people accused of stealing utilities. Whether it’s electricity, gas, or even cable—stealing utilities is considered a criminal offense.

Just what kind of charges you face depend on the value of the services you are accused of stealing. If you had illegal cable hooked to your house for 1 year and the bill for the service you were receiving would have been around $100 per month, you could be accused of a felony charge.

When you are facing theft charges, whether for utility theft or shoplifting, an experienced attorney can help you decide what step to take and when.

On October 28 of last year he was driving a truck pulling a trailer, when that trailer became unhitched and crashed into the vehicle of a 46 year old grandmother. The woman died and the man was charged with a crime.

Although the trailer was found to be “unroad worthy” according to this report from The Grand Rapids Press, the defendant was not found to have been driving recklessly or acting maliciously. This is crucial.

Often the intent behind a criminal act is just as important as the act itself. Why you did something can mean the difference between a misdemeanor and a felony. Intent, called mens rea in the legal world, must be present in some crimes for it to be considered a crime at all.

If you shove someone out of your way when you are angry and exchanging words, you could be charged with assault and battery, a misdemeanor. However, if when you pushed them aside, you were attempting to push them in front of a vehicle or off a cliff (and that can be proven) you could be charged with assault with intent to do great bodily harm, a very serious felony.

This is an extreme example, but goes to show just how much of a role intent can play in the court of law.

Whether or not you intended for the act to occur could potentially get your charges reduced or even dropped. While it may be difficult to prove what the court is calling “identity theft” was an accident, it is definitely something you should speak to your attorney about.

Mens Rea is just one factor that will be considered during the life of your criminal case. If you are worried about what the charges against you might mean for your future, we can help.

Whether you are facing drug charges or domestic violence violations, we can give you some legal advice and a consultation on your case. Call today.

This article from The Detroit News points out small traffic violations like a broken taillight used to be no big deal in the city, whereas the same taillight would get you pulled over in the suburbs. The city police are attempting to lower crime by tackling even these smallest of infractions.

The hopes in pulling people over from small things like a cracked windshield or a brake light is that police will discover more serious violations once the car is stopped. Officers have apparently caught drunk drivers, drug users, and unregistered firearms in this manner.

Many critics are concerned with the sort of gung-ho patrol going on. They point to an email sent by Inspector Eric Jones to a police sergeant stating that those officers who don’t make enough stops during the month will be “disciplined.” Critics say this statement supports quotas, which have been shown to encourage misuse of power including racial profiling.

Drug arrests have climbed exponentially since Evans took over the department. Homicides have subsequently declined. However, citizen complaints about the actions of officers have climbed with the new approach to crime prevention.

Regardless of what the Chief has directed his officers to do, law requires them to have probable cause before pulling you over. This is just one rule that officers have to follow in the citation and arrests procedures.

If you have questions about how your case was handled by the police, call our lawyers today. When you are facing charges, we will examine every detail about your arrest as well as any searches and seizures that occurred.

Whether you are just facing possession of marijuana charges or even a firearms offense, we are here to help you work through your criminal legal problems.

Kilpatrick pled guilty to charges of perjury last year. In his plea agreement, he was ordered to serve 5 years of probation including restitution of $1 million during this 5 year period of supervision. A warrant was issued when he failed to make a payment on time. However, according to The Detroit News, Wayne County Prosecutor Kym Worthy will be seeking additional violation charges.

Kilpatrick is said to now live in Texas selling software.

The majority of cases in this country end in plea agreements. Probation is often part of this agreement. In Kilpatrick’s case, he had to serve 99 days in jail before being released to probation supervision.

Each probation case is different as the system is designed to provide the necessary resources to both keep the community safe and assist those under probation with living a crime free life. The judge and probation officer can order special terms of probation depending on the specifics of your case.

For instance, if your original charges are for drug possession, you can expect random drug tests and quite possible some drug treatment to show up as mandatory terms of your probation. On the other hand, if your charges involved an assault, anger management classes are likely in your future.

Regardless of what the specific conditions of your probation are, if you are found to be in violation of those rules, you can be taken back to court with the possibility of having your probation revoked and having to serve your original prison sentence.

Probation violation hearings are not the same as criminal trials; you have likely already pled guilty in your plea agreement. In fact, the proceedings are very different. Despite the differences, a defense attorney can assist you in preparing your case and potentially keeping you out of jail.

Whether you are facing probation violations or criminal charges, we can help you with your legal problems. Call our attorneys today to discuss your case and to receive some important criminal defense information.

This is one #1 position no city wants to have. The statistics examine crime data from cities across the country whose population is more than 40,000. Around 850 cities are taken into consideration according to this article from The Saginaw News.

What makes this even more interesting is that violent crime in this small city continues to climb despite the population diminishing. Since 2000, Saginaw has lost 10% of its population. This loss is largely attributed to the loss of industry in this once booming town.

Michigan, as a whole, didn’t do too good in the 2008 rankings with Saginaw at #1, Flint at #6, Detroit at #10, and Pontiac at #11.

Saginaw County Prosecutor Michael D. Thomas blames several things when asked about the numbers. He finds issue in reductions in the number of police, “more lenient state sentencing guidelines” and a low number of prosecutors in Saginaw County.

Interestingly, poverty and the lack of industry weren’t mentioned as potential causes. Many criminologists point to unemployment and poverty as huge factors in high crime areas and it seems to me that at least as much attention should be given to prevention as policing and prosecution.

Violent crimes are often committed in the heat of the moment when stress levels are high. Sometimes you catch yourself acting out of rage and the next thing you know you are sitting in the back of a cop car with your hands cuffed behind your back.

Whether you are accused of hurting someone you love or defending yourself against a stranger, we can help. Our defense lawyers  know the stress of being caught up in the legal system and also understand the defensive strategies that can help your case. Assault, domestic violence, and even drug offenses can lead to lengthy prison terms.

Contact our attorneys today if you are facing charges like these throughout the state of Michigan. We can  give you some free legal advice and let you know how different defense strategies may help your case.

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.