Tag Archives: Roscommon defense attorney

Judge Rules Cops Can’t Search for Med MJ at Traffic Stop

May 11, 2016  |   Posted by :   |   Criminal Law   |   0 Comments

A district court judge in Otsego County ruled that the Michigan State Police cannot detain a MMMA patient during a traffic stop to “verify” the patient has the lawful amount of medical marijuana.  Criminal defense attorney Todd Nye challenged a traffic stop and arrest by the Michigan State Police “Home Town Security Team.”  The “Team” […]

Read More »

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. […]

Read More »

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 […]

Read More »

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 […]

Read More »

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 […]

Read More »

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 […]

Read More »

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.

Read More »

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 […]

Read More »

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 […]

Read More »

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 […]

Read More »

DUI Experts

November 30, 2014  |   Posted by :   |   Criminal Law   |   0 Comments

Critical to the defense in many impaired driving cases is an expert familiar with proper police procedures. Many police officers are improperly or poorly trained, or otherwise apply that training incorrectly, when it comes to field sobriety testing. Field sobriety testing (FST) is a barely validated method of determining if a driver is under the […]

Read More »

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 […]

Read More »

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 […]

Read More »

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 […]

Read More »

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 […]

Read More »