Tag Archives: Grayling 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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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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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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When the Government Wants to Kill You

November 20, 2013  |   Posted by :   |   Criminal Law   |   0 Comments

Capitalis is Latin for “regarding the head.”  Capital punishment (death penalty) is the execution of a citizen for punishment for crime. “Lop off his head!” The Eighth Amendment to the U.S. Constitution prohibits cruel and unusual punishment.  However, capital punishment was long a penalty under English common law.  Since 1900, the U.S. Supreme Court issued […]

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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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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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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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Michigan Law of Easement Quick Facts

June 10, 2012  |   Posted by :   |   Michigan Real Estate Law   |   0 Comments

An easement is a right to use another’s property for a particular purpose.  Below are general concepts regarding easements; if you have a problem or question about your easement, then consult Nye & Associates, PLLC. Definitions. The person’s property benefiting  from the easement is the “dominant estate.”  The person’s property whose land is subject to […]

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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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Implied Consent, What is it and how does it hurt you?

September 09, 2011  |   Posted by :   |   Criminal Law   |   0 Comments

If you are pulled over for suspected drunk driving, you are generally put through some field sobriety tests, concluding in a preliminary breath test (PBT) where you blow into a device and it checks your breath for blood alcohol levels. Then if the levels are above a certain amount, the officer will arrest you and […]

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