What Is Circumstantial Evidence? Explained by Criminal Lawyer, Josh Jones

Question Presented: What is Circumstantial Evidence? Typically circumstantial evidence is defined as evidence that is not direct evidence. Two commonly presented hypotheticals used  to differentiate the terms is as follows: Direct Evidence would be looking outside the window and seeing the rain or actual act of it raining; while circumstantial evidence would be seeing someone walking into a building and his or …

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Refusing Preliminary Breathe Test (PBT) During Traffic Stop

What Happens When Refusing A PBT During A Traffic Stop? A Preliminary Breathe Test (PBT) is utilized during some traffic stops when an officer suspects that the individual operating the motor vehicle in question is operating under the influence of intoxicants. A PBT is supposed to measure the amount of consumed alcohol within an individual’s system. When administered during a traffic …

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Holmes Youthful Trainee (HYTA) Explained by Michigan Criminal Lawyer, Josh Jones (2015 UPDATE)

What Is HYTA? The Holmes Youthful Trainee Act, HYTA, is a deferral statue that has specific age restrictions for individuals attempting to use the statute. However, it is not allowed for a number of offenses, including offenses where the penalty is life, all traffic offenses, and most criminal sexual conduct offenses. To receive consideration under HYTA, a defendant must have …

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The Future Of Michigan Medical Marijuana Businesses

What Does The Future Of Michigan Medical Marijuana Businesses Hold? As many already know, last year Michigan passed legislation allowing for Michigan medical marijuana businesses to operate under specific conditions and licenses. However, the laws allowing for Michigan medical marijuana businesses to operate within the State does not become effective until December 15, 2017. With that said, there has been …

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Unemployment Insurance Agency (UIA) Falsely Reporting Unemployment Fraud Claims

Unemployment Insurance Agency Falsely Claiming Unemployment Fraud When an individual losing his or her job, they may be able to obtain unemployment benefits through the State of Michigan. When filing a claim for such benefits, an individual will essentially go through an application process of fact checking and reporting through the Unemployment Insurance Agency (UIA). For the most part, the …

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People v Frederick Limits Knock And Announce Protocol

People v Frederick Limits Knock And Announce By Police Recently, in People v Frederick the Michigan Supreme Court limited police in their use of knock and announce procedures. Under constitutional interpretation, Courts in the past have consistently upheld the police using knock and announce procedures. What is knock and announce, you may ask? This is the process or procedure where …

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Native Tribal Lands And Medical Marijuana Explained & Outlined

Native Tribal Lands And Medical Marijuana When it comes to native tribal lands and medical marijuana the answer is not always clear nor straight forward, just as any medical marijuana laws have come to be seen. Michigan has had confusion and issues with its medical marijuana laws, and when we begin to analyze native tribal lands and medical marijuana, it …

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Yielding To Pedestrians In Michigan – Rules Of The Road

Yielding To Pedestrians Explained In Michigan it seems that yielding to pedestrians is controlled by MCL §§ 257.612 & 257.613. Yielding to pedestrians is based upon the circumstances of the interactions between the people, vehicles, bikes and others using the roadways. The basis of MCL § 257.612 essentially outlines that individuals operating motor vehicles must yield to bicycles legal traveling on …

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Michigan “Pay or Stay” Practice Is Improper

Michigan’s “Pay or Stay” Practices Are Improper Here in Michigan, it was common for individuals to receive a “pay or stay” sentence by a court when they faced punishment for a crime. The idea behind “pay or stay” sentencings focused on collecting the enforced fines and costs that were levied by the court at the time of sentencing. If an individual …

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What Is Criminal Conspiracy In Michigan? Explained & Outlined

What Is Criminal Conspiracy Here In Michigan? MCL 750.157a states that “[a]ny individual who conspires together with 1 or more persons to commit an offense prohibited by law, or to commit a legal act in an illegal manner is guilty of the crime of conspiracy.” A conspiracy charge will incorporate an underlying criminal charge, but what is criminal conspiracy exactly? …

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