Tag Archives: criminal law

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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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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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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82nd District Court

September 16, 2013  |   Posted by :   |   Criminal Law   |   0 Comments

Judge Daniel L. Sutton recently arraigned the following in 82nd District Court: 26 year old Owosso man, waiveed preliminary examination and was bound over to Circuit Court where he pleaded guilty to three counts of possesion of a controlled subsantce (nonnarcotic). State Police, Houghton Lake, made the arrest. 50 year old Schofield, WI man demanded […]

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Reasons Why You Will Not Get a Concealed Pistol License

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

If you are thinking about getting concealed pistol license in Michigan, then you need to know that there are many, many, reasons why you may not qualify.  This list is ridiculously long. so I am just going to post it as is.  You will not qualify if one of the following conditions, statutes, or previous criminal […]

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Michigan Bullard-Plawecki Employee Right to Know Act

June 10, 2012  |   Posted by :   |   Employment Law   |   0 Comments

Under Michigan law, employees have certain rights related to their employment records.  The Bullard Plawecki Employee Right to Know Act can be found here: http://www.legislature.mi.gov/documents/mcl/pdf/mcl-act-397-of-1978.pdf Generally, Michigan employees (to include public employees) have the following rights: 1. The right to inspect their employee file twice per year; 2. The right to a copy of their employee […]

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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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Diversion and You

August 07, 2011  |   Posted by :   |   Criminal Law   |   0 Comments

You may have heard through the grapevine about diversion in regards to your plea. A diversion program is for first time offenders to plead guilty, be sentenced to an enhanced probation, and if that probation is successfully completed then the charges are dismissed. There are three main diversion programs that are most commonly offered. One […]

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