Tag Archives: criminal defense

Am I Eligible for Expungement?

April 11, 2016  |   Posted by :   |   Expungement   |   0 Comments

Call (989) 821-1225  for a free consultation to talk with Attorney Nye to discuss an expungement of your Michigan criminal record. Generally, you can get a quick idea if you are eligible for an expungement in Michigan as follows: First: Go online and order your own criminal history for $10 from the Michigan State Police. […]

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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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Marijuana and Driving

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

Michigan Law has two inconsistent statutes. First, there is the Michigan Medical Marijuana Act which allows a registered patient to internally possess marijuana. Conflicting with that is the Michigan Vehicle Code, which prohibits a person from driving with any amount of a schedule one controlled substance, including marijuana, in their system.

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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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87th District Court

August 21, 2014  |   Posted by :   |   District Court   |   0 Comments

Sentencing’s for June 2014 2014 Hon. Monte J. Burmeister A 27 year old Hersey man was sentenced on June 10, 2014, for license suspended- revoked-allowed another suspended person to operate; ordered to pay $100 in fines. A 29 year old Empire man was sentenced on June 3, 2014, for license suspended-revoked-allowed another suspended person to […]

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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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Score: Nye 3 , Michigan State Police –0-

May 08, 2013  |   Posted by :   |   Criminal Law   |   0 Comments

In April, Nye & Associates had charges dismissed or suppressed for cases by the Michigan State Police for their blatant violations of the Fourth Amendment to the U.S. Constitution.   Two cases were related to a traffic stop.  As you may have notice, the MSP runs drag nets on our state highways for the sole […]

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The U.S. Supreme Court Upholds the Fourth Amendment

June 30, 2012  |   Posted by :   |   Criminal Law   |   0 Comments

In a stunning decision by the U.S. Supreme Court, all 9 justices agreed that the attachment of a GPS device to a citizen’s car, without a warrant, violated the Fourth Amendment of the U.S. Constitution.   In Jones, the police in Washington D.C. had obtained a search warrant to attach a GPS to Jones’s wife’s car.  […]

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Drunk Driving in Michigan

October 12, 2011  |   Posted by :   |   Criminal Law   |   0 Comments

DUI, OWI, OWVI, OUID, OUIL Superdrunk what does this all mean and what are the differences? There are a multitude of drinking and driving charges. The main first offense charges are: 1) Operating While Visibly Impaired MCL 257.625(3), 2) Operating While Intoxicated MCL 257.625(1), 3) Operating with a High BAC MCL 257.625(1)(c), and 4) Operating […]

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