WHAT IS MICHIGAN DOMESTIC VIOLENCE OR ASSAULT? Assaultive crimes can come in various forms and degrees, meaning that one act can encapsulate numerous assaultive crimes. Within this umbrella of assaultive crimes lies the crime known as Michigan domestic violence  or assault and applies when a person is in a dating relationship with the individual assaulter. Michigan Domestic Violence…

Read More

Warrantless Home Search By Law Enforcement Can Happen  Generally, Law Enforcement (or Police) are not allowed to enter your home without a warrant; however, some circumstances can allow for them to perform a warrantless home search (meaning without a warrant or your consent). Those instances allowing for a warrantless home search are referred to as exigent circumstances. Emergency…

Read More

What is Michigan 7411 Diversion? Michigan 7411 diversion is a statutory law that allows for second chances for certain criminal acts committed within the State of Michigan, which means that certain crimes and convictions can be kept off an individual’s public criminal record. This only occurs if the individual satisfies the terms and conditions of their…

Read More

Warrantless Cellphone Searches Constitutional? Warrantless Cellphones Searches require a search warrant when performed after an individual is arrested or detained. See Riley v California, _ U.S. _ (June 25, 2014). The Supreme Court of the United States (SCOTUS)  limited the ability of law enforcement to search an individual’s cellphone during or after an arrest. However, the Court…

Read More

People v Tuttle Michigan Supreme Court Ordered Hearing On June 11th, 2014, Robert P. Young, Jr., Chief Justice, Michael F. Cavanagh, Stephen J. Markman Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Justices, provided the following order for the application of leave filed in People v Tuttle (Mich. COA 2014): On order…

Read More

UPDATED: Criminal Expungement or Set Aside – What Is It? A criminal expungement or set aside is an action created by statute that can be used as many times as necessary SO LONG as the individual still meets the requirements of the Statute. The expungement law here in the State of Michigan is found with…

Read More

GPS Tracking Devices In United States v Jones – United States Supreme Court The United States Supreme Court held that GPS tracking devices were not allowed to be attached an individual’s vehicle unless the government has first obtained a warrant to attach such a device. See United States v Jones. The defendant Jones was being…

Read More

People v Carruthers Usable Marihuana Defined & Limited UPDATED On Thursday, June 11, 2014, the Michigan Supreme Court denied hearing the People v Carruthers usable marihuana case by order, which was on appeal from the Michigan Court of Appeals. The People v Carruthers usable marihuana case when interpreted by Michigan Court of Appeal created many…

Read More

Michigan Reckless Driving Law – What Exactly Is It? An individual can be and will be convicted Michigan Reckless Driving law an individual will have a misdemeanor on his or her criminal and driving record. Michigan Reckless Driving law states that a person shall not drive their motor vehicle with a wanton or willful disregard for the safety of…

Read More