Tag Archives: defense attorney

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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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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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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Constitutional Rights at Traffic Stops 101; Field Sobriety Tests, Blood Alcohol Supression

September 07, 2013  |   Posted by :   |   Criminal Law   |   0 Comments

            1.         Initial Stop and Seizure of Person under Fourth Amendment              “A person is seized by the police and thus entitled to challenge the government’s action under the Fourth Amendment when the officer, by means of physical force or show of authority,  terminates or restrains his freedom of movement, through means intentionally applied.” Brendlin […]

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Grandma Beats Bureaucrats and Gets Her Grandbabies

August 11, 2013  |   Posted by :   |   Family Law   |   0 Comments

In a rare victory, a grandmother seeking guardianship of her grandchildren beat the Michigan Dept. of Human Services on appeal of her case to the Michigan Court of Appeals.  In re COH, ERH, JRG, KBH, Minors, unpublished per curiam opinion, Issued June 23, 2013, Docket Nos. 3309161 & 312691 (Select the PDF at docket entry 3 […]

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Felony Child Support: Michigan Supreme Court Republicans Do It Again

December 20, 2012  |   Posted by :   |   Criminal Law, Family Law   |   0 Comments

In 1999 the Michigan legislature, with approval of the Republican governor, established a new law that made it a felony for failure to pay child support. MCL 750.165 states at paragraph 1: “If the court orders an individual to pay support for the individual’s former or current spouse, or for a child of the individual, […]

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Expungement of Criminal Convictions in Michigan MCL 780.621

December 16, 2012  |   Posted by :   |   Criminal Law   |   0 Comments

Michigan law allows for the expungement (permanent removal) of a criminal conviction from a person’s criminal record under certain conditions. Generally, under MCL 780.621 et seq. an expungement order may be entered if: 1.  A person is convicted of no more than 3 offenses (1 felony and 2 misdemeanor “minor offenses” defined by statute.) 2. […]

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46th Circuit Trial Court – Crawford County

October 18, 2012  |   Posted by :   |   Criminal Law, Uncategorized   |   0 Comments

Sentencings for September 2012 before Hon. Janet M. Allen: 40 year old Saginaw man  plead guilty to stalking-aggravated; sentenced to serve 30 days in jail with credit for one day served; ordered to pay $130 crime victim rights fee, $68 state minimum costs, $325 circuit court costs and $350 attorney fee; placed on probation for […]

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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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