Evasive interrogatory answers and the motion to compel discovery in Michigan
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Evasive interrogatory answers and the motion to compel discovery in Michigan

Every attorney that has litigated a case in court has dealt with this issue:  The attorney submits interrogatories to the opposing party and receives incomplete or evasive interrogatory answers.  When this happens, there is a decision to be made, file a motion to compel answers or not.  Every attorney in this situation is bothered by…

Firearm Rights Restoration in Michigan after a felony conviction

Firearm Rights Restoration in Michigan after a felony conviction

This statute is very thorough and effectively prevents the qualifying felon from any association with firearms and ammunition.  The exact language is “a person convicted of a specific felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm [and ammunition] in this state.”  MCL 750.224f(2).  The net effect is that…

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My car will not start. Ignition Interlock Device Emergency

In Michigan, the process to restore driving privileges after two or more drunk driving convictions is long and arduous. License restoration represents a change in lifestyle for the petitioner. The old drinker is gone, replaced with a sober and more complete person. However, the Michigan Secretary of State and AHS do not issue driver’s licenses…

Major & Minor violations – driving with an ignition interlock device in Michigan

The Breath Alcohol Ignition Interlock Device (BAIID) is a device that measures the alcohol level of the operator of an automobile. In Michigan, most drivers seeking to restore their driver’s license have to drive an automobile with an ignition interlock device for a minimum of a year. Over the years, the BAIID has become more…

Parental Discipline in Michigan, a Powerful Criminal Defense

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…

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.”

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…

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…