Criminal Law

Archive | Criminal Law

Charges Dismissed — Illegal MSP Search (as usual)

December 03, 2016  |   Posted by :   |   Criminal Law   |   0 Comments

Attorney Nye’s client (a 21 year old man, beard, ball cap, and old car) was charged with possession of marijuana. His client was pulled over by the Michigan State Police (a young trooper, 24 years old, 2 years out of the MSP academy), supposedly for improper lane usage. The trooper then obtained the driver’s documentation, […]

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Judge Rules Cops Can’t Search for Med MJ at Traffic Stop

May 11, 2016  |   Posted by :   |   Criminal Law   |   0 Comments

A district court judge in Otsego County ruled that the Michigan State Police cannot detain a MMMA patient during a traffic stop to “verify” the patient has the lawful amount of medical marijuana.  Criminal defense attorney Todd Nye challenged a traffic stop and arrest by the Michigan State Police “Home Town Security Team.”  The “Team” […]

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Secret Emails Show Fraud at Michigan State Police Crime Lab

November 12, 2015  |   Posted by :   |   Criminal Law, Michigan Medical Marijuana Law   |   0 Comments

A series of emails obtained by Detroit area attorneys Jeff Frasier and Michael Komoron show marijuana results from the supposedly independent Michigan State Police Crime Lab were being expressly directed by Ken Stecker, who is the traffic safety prosecutor for the Prosecuting Attorneys Association of Michigan. In the attached emails, the issue is whether or […]

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Resist and Obstruct Does Not Apply to Reserve Police

November 11, 2015  |   Posted by :   |   Criminal Law   |   0 Comments

The Michigan Court of Appeals recently ruled that the resisting and obstructing statute at MCL 750.81d does not apply to a failure to comply with the command of a reserve police officer. The court applied the rule of Expressio Unius Est Exclusio Alterius which is Latin and means that the express mention in a statute […]

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Victory: Marijuana Charge Dismissed under MMMA

October 28, 2015  |   Posted by :   |   Criminal Law, Michigan Medical Marijuana Law   |   0 Comments

Attorney Coltrane achieved another victory for a client in a defense of his client’s right to use medical marijuana under the Michigan Medical Marijuana Act. Attorney Coltrane’s client was stopped by the Michigan State Police on I-75 as part of its ongoing and aggressive “broken glass” campaign against minor drug users. A small amount of […]

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MMMA Defense Update

October 14, 2015  |   Posted by :   |   Criminal Law, Michigan Medical Marijuana Law   |   0 Comments

On July 27, 2015, the Michigan Supreme Court clarified the use of defenses under the Michigan Medical Marijuana Act in People v Hartwick, 2015 Mich. Lexis 1639. In Hartwick, the Supreme Court strengthened the immunity under Sec. 4 of the MMMA and clarified the affirmative defense under Sec. 8 of the MMMA. SECTION 4 IMMUNITY […]

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Illegal Evidence Suppressed; Dismissed

Todd Nye achieved another victory for the Constitution when he had evidence illegally seized by the Michigan State Police suppressed. As a result, the case against his client was dismissed. Mr. Nye’s client was traveling through the Straits of Mackinac and was profiled by the Michigan State Police. The Michigan State Police like to target […]

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Expungement Law Update

May 14, 2015  |   Posted by :   |   Criminal Law   |   0 Comments

Effective January 12, 2015, a new expungement law takes affect in Michigan. A Michigan Legislature updated the expungement law to expand the list of eligible offenders. Now, a person with one felony and two misdemeanor convictions can have the felony expunged. The misdemeanors will stay on your record, but you can expunge the felony. Additionally, […]

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Watch Out for the Stingray

May 06, 2015  |   Posted by :   |   Criminal Law   |   0 Comments

You may be unaware that the police have a special suitcase for monitoring you if necessary. It is called a Stingray device. Basically it is a “cell sight simulator, a briefcase-sized surveillance device that allows the police to spy on cell phones in the area by mimicking a cell phone tower.” Basically a Stingray allows […]

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Pay or Stay is Illegal

May 06, 2015  |   Posted by :   |   Criminal Law   |   0 Comments

For many offenses, especially misdemeanor offenses in a District Court, a judge will order a Defendant to pay various fines, costs, and expenses as part of a sentence and probation. This is true throughout all of Michigan’s courts. When a judge imposes those costs which are “legal financial obligations” or “LFO’s,” a judge will typically […]

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Hair Today, Gone Tomorrow

May 06, 2015  |   Posted by :   |   Criminal Law   |   0 Comments

Currently, the Justice Department, after pressure from the Senate Judiciary Committee, is conducting a post-conviction review of all forensic testimony by the technicians from the FBI Laboratories who performed microscopic examination of human hair. It turns out that 26 of the 28 examiners who were working for the FBI “overstated forensic matches in the ways […]

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DUI Experts

November 30, 2014  |   Posted by :   |   Criminal Law   |   0 Comments

Critical to the defense in many impaired driving cases is an expert familiar with proper police procedures. Many police officers are improperly or poorly trained, or otherwise apply that training incorrectly, when it comes to field sobriety testing. Field sobriety testing (FST) is a barely validated method of determining if a driver is under the […]

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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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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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Resisting and Obstrucing an Illegal Police Entry

November 29, 2013  |   Posted by :   |   Criminal Law   |   0 Comments

Under the common law, a person had a right to defend his or her home against the unlawful entry by the police.   For example, in People v Clements, 68 Mich 655 (1888) a man was convicted of resisting a county sheriff and sentenced to nine months imprisonment.  The sheriff was attempting to seize “a pair […]

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