Aggressive Criminal Defense Blog
Saginaw County Jury Hung, Re-trial is Expected
A Saginaw County man was recently acquitted of several serious assault and other felony charges in connection with an armed robbery and shooting that took place last May, outside of Celebration Hall in Saginaw. Had Demonte M. Anderson, 20, been convicted he may have been facing up to life in prison. Anderson was accused of […]
[Read More]Can I Trust my Attorney – When the Client Becomes the Victim of Embezzlement
In a perfect world, all attorneys would have integrity and all client’s would be able to trust their attorneys. Unfortunately, we don’t live in a perfect world. Nonetheless , It is always shocking when attorneys violate the client trust and steal money that they hold in trust. This appears to have happened in a couple […]
[Read More]MICHIGAN SUPREME COURT RULES THAT ALL MEDICAL MARIJUANA DISPENSARIES ARE ILLEGAL
Last week the Supreme Court released one of the most significant opinions to date on the Michigan Medical Marihuana Act (MMMA). In State of Michigan v. McQueen, the Court determined all medical marijuana dispensaries are illegal and may be enjoined as nuisances because such businesses facilitate patient-to-patient transfers of marijuana. The Attorney General of Michigan’s […]
[Read More]Embezzlement in the News in Michigan
Michigan criminal defense and embezzlement attorneys have been busy lately. White collar theft crime was prominent in the local news headlines this week. Several embezzlement cases cropped up around the state Bay County Criminal charges were filed against a Saginaw man, Joel Wilson, for allegedly running a Ponzi scheme. Three victims were allegedly fleeced of […]
[Read More]United States Supreme Court Denies Relief to Defendant who Withdrew from a Criminal Conspiracy
This month the United States Supreme Court released Smith v. United States Unanimously, the Court held a defendant bears the burden of proving a defense of withdrawal in a criminal conspiracy. Moreover, shifting the burden to the defendant does not violate the Due Process Clause. Only if an affirmative defense negates an element of the […]
[Read More]Michigan Courts Continue to Provide new Interpretations of the Michigan Medical Marijuana Act.
In People v. Agro, the Court of Appeals addressed another affirmative defense case under the Michigan Medical Marihuana Act (MMMA). The unpublished decision was released January 22, 2013. Last year, the Michigan Supreme Court released Kolanek, which clarified the nature and scope of the MMMA. Section 4 of the act gives broad immunity to arrest, […]
[Read More]Michigan Courts Continue to Expand the Use of Sentencing Guideline Provisions to Create Longer Sentences for CSAM Defendants
In People v. Needham, a defendant who pleaded no contest to possession of child sexually abusive material challenged his prison sentence of one to four years, objecting to offense variable (OV) 10 being scored (exploitation of a vulnerable victim) since he had no direct contact with the children featured in the pornography. Generally, the Michigan […]
[Read More]New Ruling in Deportation of Inmates
The Michigan Court of Appeals recently decided a case which clearly explains the status of Michigan law related to the deportation option for citizens of foreign countries who are serving prison sentences. In Chico-Polo v. Department of Corrections, the court clarified a statute applicable to prisoners whom received orders of deportation. Plaintiff requested mandamus for […]
[Read More]City of Grand Rapids Gun Ordinance Challenged by Open Carry Group
As a criminal defense attorney, I have seen first-hand how passionate people are about their firearms rights. Gun enthusiasts believe strongly in their Second Amendment rights, and I can’t say that I blame them. The City of Grand Rapids, Michigan has recently been the site of a political controversy regarding the right to carry firearms. […]
[Read More]New twist of the Right to Effective Assistance of Counsel
The Michigan Supreme Court addressed an interesting issue related to the constitutional right to the effective assistance of counsel in the case of People v Trakhtenberg. This case was released by the Court on December 21, 2012. An understanding of this case and its implications requires some explanation of the concept of collateral estoppel. Collateral […]
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