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Farmington Hills MI Criminal Defense Law Blog

Michigan pushing to include new technologies in internet crimes

In an attempt to better protect Michigan residents from the threat of cyber thugs and internet criminals, the Michigan House of Representatives recently voted to include a variety of newer technologies such as smart phone's, iPads and other handheld devices within the definition of the term computer for criminal prosecution sake.

The recent, unanimously passed, legislation represents an attempt by Michigan state lawmakers to incorporate newer handheld technologies that are not specifically referenced in existing legislation. The hope is that by incorporating the new technologies within the definition of existing statutes the existing laws against Internet and computer crimes will apply to these devices as well.

Priest-Penitent Privilege

The Law Offices of Raymond A. Cassar, PLC won a hard fought victory in the case of State of Michigan v Samuel Bragg (Michigan Court of Appeals).  In a recent decision, the Court of Appeals upheld the Priest-Penitent Privilege preventing the use of testimony by a pastor against a parishioner.  Many articles on this case have focused on the allegations of sex crimes.  Sometimes the public is so blinded by the nature of the charge, they lose sight of what this case is all about. The real issue in this case is whether a Pastor or any other member of the Clergy can reveal confidential communications made to him while acting as a Pastor.

The Priest/Penitent Privilege has been in existence for over 1500 years. The goal behind the privilege is to allow people to unburden their souls and seek spiritual guidance. This has always been a socially desirable goal and is supported by all forms of religions. The recent challenge to this privilege should send shock waves to all religions and all people. Our society needs to be able to go to their respective clergy and discuss things that are troublesome without worry that their private disclosure may become public and worse possibly used against them in court.

If you take away that trust, few people will seek spiritual guidance. The issue in this case is whether the privilege should be breached. It only takes a small leak to breach a huge dam. This fight will continue.

http://michiganlawyerblog.wordpress.com/2012/05/09/priest-penitent-privilege-survives-challenge/

Michigan man arrested for duffel bag full of drugs

A Michigan man was arrested after he returned to the motel he had been staying at just outside of Ann Arbor, Michigan, to pick up drugs that he apparently forgot in his room.

According to reports, the bag that the man returned to retrieve was a duffel bag filled with cocaine, marijuana and a loaded gun. Unfortunately for the man, the bag had already been discovered by motel staff and when he returned for his belongings he was met by authorities.

Since the arrest, a complaint has been filed with the U.S. District Court. The 23-year-old Michigan man is now facing federal criminal drug charges.

Michigan law enforcement arrest 400 in DWI crackdown

In a previous blog post, it was noted that law enforcement agencies throughout Michigan were ramping up efforts to crackdown on drunk driving throughout the month of April. The increased effort to target drunk drivers was an attempt to decrease the number of drunk driving-related car accidents during March Madness, St. Patrick's Day and spring break.

In a follow up to the statewide effort to crackdown on drunk driving, police throughout Michigan have reported more than 400 drunk driving arrests throughout the three-week crackdown. The agencies that participated in the effort reported that among those arrested for drunk driving included 79 drivers that were charged under the new "Super Drunk" law.

Michigan man's sentence for child pornography reduced by five years

A Michigan man sentenced to a minimum of 15 years behind bars on child pornography charges recently had five years taken off of his previous prison sentence. The man was arrested in 2009 after an investigation into the alleged abuse of a young girl turned up thousands of images of child pornography on his personal computers.

On appeal, the calculation of the prison term was questioned, and the Michigan Court of Appeals found that there was a lack of evidence to support the guideline scoring issued two years earlier.

Boutique owners accused of drug trafficking

When someone in Michigan is facing drug charges, a great deal is at stake. A person could face time behind bars and hefty fines. One couple in a nearby state will likely wish to begin working on a strong criminal defense after they were accused of committing drug crimes.

The couple, who owns a boutique, was recently arrested for allegedly trafficking an illegal synthetic drug, specifically K-2 spice. According to police, the couple had been under investigation for possibly distributing the illegal substances for some time prior to their arrest.

Detroit Lions defensive tackle arrested on drug charges

Nick Fairley was arrested recently for possession of marijuana in what seems to be a growing trend among Michigan's professional football players. The Detroit Lions defensive tackle was arrested in Alabama after police received complaints that a Cadillac Escalade was speeding in a residential neighborhood.

After pulling Fairley over, the arresting officer claims he noticed the scent of marijuana coming from the vehicle. The officer also claims that he found a small amount of marijuana in the ashtray of Fairley's vehicle. Fairley and his passenger were arrested and booked on misdemeanor charges for marijuana possession. Fairley was released shortly after the arrest on $1,000 bail.

Michigan ramps up DUI enforcement through April

Michigan is planning to extend its annual statewide crackdown on drunk driving. Typically, the crackdown lasts until around St. Patrick's Day, but this year law enforcement plans to keep it going into April. The decision to extend the increase in law enforcement officials monitoring for intoxicated drivers came after a review of annual crash data.

According to law enforcement, there is a significant spike in drunk driving-related car accidents between March and April. Officials blame what can be referred to as the "spring trifecta." The trifecta is the occurrence of March Madness, spring break and St. Patrick's Day. Last year during March Madness alone authorities made 2,000 drunk driving arrests across the state of Michigan.

Michigan man arrested for possessing child pornography

A Michigan man is currently facing federal charges for distributing and possessing child pornography. According to investigators, authorities found nearly 1,000 pornographic pictures of young children on the man's personal computer. Officials discovered the Lansing man as part of an undercover investigation that stretched the globe from Michigan to New Zealand.

This is not the first time this man has found himself in front of a judge for possessing child pornography. According to the police, the man has two child pornography counts on his record from 2002. The Michigan sex offender registry shows that he moved to Michigan in 2004.

Criminal Defense Attorney Arrested before he begun a Trial

Recent years have shown us how Mayors, Council Persons, Executive Appointees, police officers and judges are treated upon arrest and criminal charges being authorized. Compare your recollections of those events with the way Criminal Defense Attorney, David Dunn was treated. Mr. Dunn arrived at court to begin the criminal defense in a Murder trial, cameras were waiting to see the end of a career and the beginning of the newest reality TV news story. Without commenting on the merits of the criminal charges, was it necessary to arrest the man in court in front of his client's family, and in front of the victim's family.

Were Judges, Prosecutors, anyone from the Wayne County Executives Offfice, and any police officers ever arrested in open court proceedings for criminal compliants occuring out of the court? Short of direct contempt of court or contempt of court occurring during the court proceedings, which cause a disruption of the proceedings, a courtroom is not the place. Has anyone else noticed the newest trend in criminal prosecutions? The newest focus appears to be prosecute the people creating the biggest story. The Attorney General's Office has a unit designated to prosecute public corruption. What a statement on today's society, when there is a need to designate a special unit to pursue public corruption.

I know a former business owner of a deli in the eastern market, who was forced to close his deli after being robbed for the third or fourth time. The average police response time was 30 minutes to the robbery calls. No one was ever prosecuted for any of the robberies. How many of these stories exist? How much has been spent in the prosecution of the former mayor of Detroit. Could that money have gone to better use? Admittedly, it was necessary to prosecute the former mayor, but at what cost.

Taking away the resources from the prosecution of street crimes to go after child pornography, and political targets, just is not working for me. If you are going to choose political targets, treat them all the same. No better or no worst then anyone else. People make mistakes, not examples.

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The Law Offices of Raymond A. Cassar, P.L.C.
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