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Farmington Hills MI Criminal Defense Law Blog

Farmington Hills man accused of sex crime

Being accused of a sex crime, especially one involving a young child, can be incredibly scary. Fortunately, it is possible for someone accused of a sex crime to successfully defend against such heinous allegations. While the public may be less than eager to give a defendant the benefit of the doubt, in the American legal system, anyone accused of a crime is considered innocent until they are proven guilty beyond a reasonable doubt.

A 58-year-old Farmington Hills man is scheduled to appear before an Oakland Circuit Court in early June for a pretrial exam in a criminal sexual conduct case. The man is accused of sexually assaulting a student while working as a substitute teacher. He is currently free on a $10,000 bond. The bond was reduced from $1 million after his attorney argued that the original bond amount was excessive based on the evidence.

Traffic Law: Red Light Cameras bad for Michigan Drivers

House Bill 4763 a traffic law, would allow for Red Light Cameras to be installed in the State of Michigan.  The article bringing this issue to my attention stated 24 states have at least one camera and 4 states have prohibited their use. The fact that 4 states prohibit their use really caught my attention.  Wondering why, I began to look into the issues associated with Traffic Cameras.

Judge considers motion to dismiss charge in Michigan drug case

In any criminal case involving accusations of drug crimes, particularly cases involving allegations of drug manufacturing or drug distribution, it is vital the defense consider every angle possible when developing their defense strategy. In many cases involving crimes such as drug possession, the defense could argue mistake or negotiate a plea. However, in some cases highlighting important procedural errors made by police or prosecutors could strengthen the defendant's defense and help obtain the best possible outcome.

For example, a 33-year-old Michigan man was charged with manufacturing drugs following a police raid on a Bad Axe methamphetamine lab last February. The man is one of three men facing drug charges for the operation of the facility. This was reportedly the first ever methamphetamine lab bust in Huron County. The man's defense attorney has already made multiple attempts to limit the impact of a potential trial on his client.

Lowering the Drunk Driving Standard from .08 to .05 does not add up

On May 14, 2013, the NTSB or National Transportation Safety Board voted to recommend lowering the drunk driving legal limit from .08 to .05. When I started in the practice of criminal law, the legal limit was .10. In 2003, Michigan lowered the legal limit from .10 to .08 in order to avoid the loss of federal highway funds.

Eyewitness testimony poor form of evidence

Next to murder, rape is often perceived as the very worst crime that a person can be accused of committing in our society. In fact, sex crimes like rape are often viewed so harshly in our society that the mere accusation of rape is enough to destroy a person’s reputation and convict them in the eyes of the public. To the general public, and the news media, whether someone accused of a sex crime actually committed the crime is sometimes seemingly a secondary matter.

According to recent reports, a 27-year-old Michigan man from Lake Orion has been charged with multiple felony counts involving sex crimes. The man’s alleged crimes include four felony counts of first-degree rape and one count of sodomy. The young man is accused of traveling between Michigan and Oklahoma for sex with an underage girl. He has reportedly entered a plea of not guilty to all of the rape charges.

Drunk driving and the ever-changing BAC in Michigan

In Michigan it is illegal to operate a motor vehicle while intoxicated or impaired by alcohol or drugs. The legal blood alcohol limit in Michigan is .08. Michigan also has a high-BAC law with enhanced penalties for motorists with a BAC of .17 or higher. In addition, motorists stopped with a Schedule 1 narcotic like marijuana are subject to the same penalties as motorists arrested for operating while intoxicated, even if the motorist shows no signs of impairment.

Readers may not be aware, but the current BAC limit was introduced in 2003, reducing the BAC from the previous limit of .10. The changes reflected a national push to encourage get-tough legislation on drunk driving, often tying federal money to state compliance. The 2003 law, however, included a sunset provision and it is set to expire this year, returning the state to the higher standard of .10. In the end, quick legislative action extended the standard through 2018.

Flase memories and sexual abuse allegations

Sex crimes encompass a broad range of activities from statutory rape and obscenity to rape and criminal sexual assault. While it may seem like an impossible task, it is possible for individuals facing sex crimes charges to raise a successful criminal defense. The first step in a successful sex crimes defense is understanding the possible defense options.

Michigan readers may be familiar with the trial of the Former St. Thomas Aquinas Athletic Director in Saginaw County. The 72-year-old is accused of sexually abusing his great niece for nearly 15 years. He is charged with criminal sexual conduct against someone under 13-years-old and five counts of criminal sexual conduct by force. If the man is convicted he could face maximum sentence of life in prison. He has denied each claim of abuse alleged against him.

Supreme Court requires warrant for forced blood tests

If a driver is stopped by police on suspicion of drunk driving, the driver is required to submit to a blood alcohol test under state implied consent laws. While a driver who refuses a blood alcohol test may evade drunk driving charges, in some cases the penalties for refusing the test are just as bad as a high blood alcohol test. In a recent decision by the Supreme Court, however, the Court ruled that law enforcement can no longer conduct forced blood draws without a warrant on individuals who refuse tests.

According to a news report, a Michigan man was arrested for drunk driving near North 74th Street and West Bluemound Avenue. The passengers in the vehicle claimed that the driver was sober and that he only consumed a single shot of alcohol. Despite that fact, the driver refused a Breathalyzer test and the police conducted a blood draw later that evening. According to law enforcement, the results of the blood alcohol test taken that evening are still pending.

Michigan man arrested for failing to register as sex offender

In the 1990s a number of federal laws were enacted in the name of enhancing public safety. Many of these new laws were directed at individuals convicted of sex crimes. The two most well known pieces of federal sex offender legislation were known as the Jacob Wetterling Act and Megan's Law. Together these two pieces of federal legislation created the national sex offender registries and the community notification laws for people convicted of sex crimes.

The Jacob Wetterling Crimes Against Children and Sex Offender Registration Act required every state, including Michigan, to create sex offender registration program. Sex offenders who fail to register can receive serious penalties including long prison sentences and hefty fines. Under the Sex Offender Registration Act, Michigan also makes information on sex offenders available to the public via the Michigan Public Sex Offender Registry website.

Drunk Driving and Alcohol Induced Blackouts

I have noticed more and more young female clients, which have been arrested while experiencing an Alcohol Induced Blackouts. In each of the cases, the levels of alcohol consumption were not necessarily jumping out as the apparent cause for the blackouts. Therefore, I proceeded to look into some of the reasons why some individuals experience alcohol induced blackouts, while others do not.

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