Tag Archives: Grayling criminal 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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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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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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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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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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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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Michigan Medical Marijuana Defenses

September 03, 2013  |   Posted by :   |   Michigan Medical Marijuana Law   |   0 Comments

The Michigan Supreme Court succinctly outlined the requirements for the two distinct defenses under the Michigan Medical Marijuana Act at Sections 4 and 8 in People v Kolanek, 491 Mich 382, 402 (2012). 1.         Section 4 of the Michigan Medical Marihuana Act (MMMA), MCL 333.26424, provides qualified registered patients broad immunity from “arrest, prosecution, or […]

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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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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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82nd District Court

March 18, 2013  |   Posted by :   |   Local Court Sentencing   |   0 Comments

Judge Daniel L. Sutton recently arraigned the following in 82nd District Court: 21 year old Houghton Lake woman, waived preliminary examination and was bound over to Circuit Cort where she pleaded guilty to one count of deliver/manufacture of less than 50 grams of a controlled substance, first offense (amended from two counts of delivery/manufacture of […]

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