Criminal Law

A Traverse City criminal lawyer talks about sentencing errors in the 86th District Court

What is in this video In every criminal case, before the judge renders a sentence, the defendant and his attorney have an opportunity to speak to the judge in court.  In this video, I discuss what a defendant should and shouldn’t say to a judge during a sentencing hearing.  A defendant that makes sentencing errors…

A Traverse City criminal lawyer talks about the 86th District Court
Criminal Law

A Traverse City criminal lawyer talks about the 86th District Court

I have been practicing law since 2001, most of my trial experience is in the 86th district court. As a Traverse City criminal lawyer, I grew up in the 86th District Court and believe I know this court system well. I have represented over 800 clients in the 86th District Court.  The Big Three Crimes…

How to Remove a Criminal Conviction in Michigan
Criminal Law | Remove Criminal Conviction

How to Remove a Criminal Conviction in Michigan

Removing a criminal conviction in Michigan has received a lot of press lately. Not that long ago there was expungement week, a national campaign that provided free legal clinics across the country, and with marijuana legalization in Michigan, legislators are eager to remove moot marijuana convictions from the past. The media quotes a University of…

How to get your implied consent suspension dismissed
Criminal Law | Driver's License Restoration

How to get your implied consent suspension dismissed

I have represented many people facing a drunk driving charge.  Within the general pool of first offense, drink drivers are the people that refuse a chemical test after being arrested.  In Michigan, once arrested, the police read a standardized form explaining the client’s chemical rights.  This usually occurs once the client is placed under arrest…

What is operating a vehicle | sleeping it off | Michigan Law
Criminal Law

What is operating a vehicle | sleeping it off | Michigan Law

In law school, every lawyer learns that each law is passed for a purpose.  The intent of the legislature, their goals, can be deduced from the statute.  The intent of the Legislature was to prevent the dangers associated with driving a motor vehicle while drunk.  We all know what these dangers are—reckless driving that kills…

Criminal Law

Removal from Michigan’s Sex Offender Registry. The Romeo and Juliet crime

This is a difficult topic to discuss.  Prosecutors and Politicians have successfully labeled sex offenders as evil living among us.  The truth is there are degrees of wrong associated with sex crimes.  For years, politicians added more and more criminal offenses that required the defendant to sign up on the sex offender registry.  In 2011,…

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…

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…