Parental Discipline in Michigan, a Powerful Criminal Defense
Criminal Law

Parental Discipline in Michigan, a Powerful Criminal Defense

I am a litigator; the courtroom is where I am at my best.   This week I tried my third case of domestic violence, or domestic assault, MCL 750.81(2), charged against a parent, where I achieved an acquittal through the Parental Discipline affirmative defense.   Parental Discipline is an affirmative defense.   When an affirmative defense is utilized…

Criminal Law

No-Contact Bonds and a Domestic Violence charge in Northern Michigan

This blog is intended to provide necessary information for criminal defendants charged with domestic violence, MCL 750.81a, in Michigan. Each county prosecutor is different as well as each District Court. The 86th District Court in Grand Traverse County, Leelanau County, and Antrim County is very hard on a person convicted of domestic violence. The no-contact…

The inns and outs of the criminal charge, “Moving Violation Causing Serious Impairment of a Body Function.”
Criminal Law

The inns and outs of the criminal charge, “Moving Violation Causing Serious Impairment of a Body Function.”

A new law in Michigan, moving violation causing serious impairment of a body function(MVCSIBF) was packaged with revisions to Michigan’s drunk driving law and took effect on October 31st, 2010. MVCSIBF is a misdemeanor that carries a maximum sentence in jail of 93 days and/or $500.00 fine. MCL 257.601d. In Michigan most driving sanctions are…

Medical Marijuana Law

Transporting Medical Marijuana in Michigan, for Caregivers and Patients

The following article explores the statutes for transporting medical marijuana for patient and caregivers. This article does not discuss transporting medical marijuana within the Medical Marijuana Facilities Licensing Act(MMFLA). The MMFLA requires “secured transporters” for the transfer of medical marijuana associated with the marijuana supply chain for a marijuana dispensary; otherwise, know as provisioning centers…

Criminal Law

Police Search of Cell Phones After an Arrest

So many of us carry around phones that hold 16 gigs of our personal information. Every person should know their rights when it comes to police searches and cell phones. The Federal Supreme Court is the final authority on Fourth Amendment searches. The rules and laws created by the Supreme Court trickle down to the…

Leaving the Scene of An Accident in Northern Michigan
Criminal Law

Leaving the Scene of An Accident in Northern Michigan

In Traverse City, and all of Northern Michigan, in the winter there are a lot of accidents where the drivers leave the scene. Why the driver leaves the scene depends on the driver and location of the accident. If the driver is intoxicated, the driver has a strong motivation to lock up their car and leave…

Michigan Hardship Appeal for Driver’s License Suspension
Driver's License Restoration

Michigan Hardship Appeal for Driver’s License Suspension

This article will provide some basic information regarding a driver losing their driving privileges, from a suspension, in Michigan. A hardship appeal for a driver’s license is available for aggrieved drivers in very limited circumstances. Eligibility The first thing that has to be determined is whether the driver has been “suspended” vs. “revoked.” Once a…

Criminal Law

What every couple needs to know about a domestic violence prosecution in Traverse City

I am writing this article to educate the general public in Traverse City about the consequences of a domestic violence prosecution to a family. Domestic violence is a crime that has become a hot topic for prosecutors, Courts, and our Michigan Legislature. The hallmark of the domestic violence program in the 86th District Court is…