Archive | January, 2014

Preliminary Examination

January 22, 2014  |   Posted by :   |   Criminal Law   |   0 Comments

In a felony case in Michigan, a defendant has two statutory (not constitutional) rights. First, the defendant has a right to a hearing where the prosecutor must show (by putting on witnesses) that there is probable cause to believe a crime was committed and probable cause that the defendant committed that crime. If the prosecutor […]

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Court of Appeals Sets Strict Standards for Medical Marijuana Caregivers under MMMA Sections 4 & 8

January 12, 2014  |   Posted by :   |   Michigan Medical Marijuana Law   |   0 Comments

In a decision issued on November 19, 2013, the Michigan Court of Appeals laid down a strict and onerous burden for a caregiver to assert defenses under the Michigan Medical Marijuana Act.   In People v Hartwick, a caregiver was charged with felonies for illegally growing and possessing marijuana.  In the trial court, the defendant/caregiver […]

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Entrapment

January 11, 2014  |   Posted by :   |   Criminal Law   |   0 Comments

Frequently, police take actions that constitute criminal entrapment; normally, entrapment occurs in Michigan through a narcotic’s unit by a criminal informant. Entrapment is an absolute defense, and it does not matter whether the crime was committed or not.  People v Rowell, 153 Mich App 99, 103 (1986); People v White, 411 Mich 366, 387  (1981)   The […]

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