ByMatthew BenedictEvery 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…
ByMatthew BenedictThis 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…
ByMatthew BenedictInitial child custody in Michigan Child custody in Michigan requires a Court order. In reality, many unmarried couples are raising children together. The question often arises: I am not married, we have a child, who has child custody in Michigan? The answer is found in a Michigan statute: MCL 722.1006 Grant of initial custody. After…
ByMatthew BenedictIn 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…
ByMatthew BenedictThe 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…
ByMatthew BenedictI 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…
ByMatthew BenedictThis 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…
ByMatthew BenedictA 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…
ByMatthew BenedictThe 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…
ByMatthew BenedictSo 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…
