Beginning in early February 2010, “virtual” work release is available for some offenders. After the new program starts, the traditional work release program will be eliminated. This significant change has the potential to impact criminal law sentence negotiation and overall sentencing practices throughout Oakland County. Virtual work release will consist…
Many people view vandalism as a youthful indiscretion. The Sparty statue on the grounds of Michigan State University is the target of vandalism nearly every year during rivalry week. And in 2015, so was the Magic Johnson statue on the school’s grounds. But while these may seem like harmless pranks…
Recent stories of police misconduct have led to many citizens recording police activity. They often do so to prove the police officer acted inappropriately. But is it legal? The short answer is yes, but it depends on where the conversation or activity is taking place. In Michigan, there are two…
When thinking about the mandatory terms and conditions of probation it’s important to first understand that, according to Michigan Compiled Laws, section 771.4, the granting of probation is a matter of grace. In other words, probation is a privilege, not a right. Furthermore, this legislative idea of probation being a…
According to articles reported in the NY Daily News, in April 2015, Oliver Wiggins was struck by a police cruiser that had run a red light. Instead of offering Mr. Wiggins an apology, however, Brooklyn Police arrested him for drunk driving! A breath test later revealed that Wiggins had consumed…
Probably not. If you’ve been convicted of a felony in Michigan, then your gun rights will be suspended for three to five years, depending on the type of felony. The suspension time periods start when you’re done with your felony probation and it is also likely that the sentencing Judge…
In Tennessee, a person convicted of DUI would be ordered to pay a “Blood Alcohol or Drug Determination Test (BADT)” fee as part of their court costs. No BADT fee was charged where a case was dismissed, a not guilty verdict returned, or where a defendant pled to a non-DUI…
Michigan’s intoxicated driving laws cover intoxication by alcohol and all impairing drugs. Reliably detecting intoxication by drugs is more challenging for law enforcement than detecting intoxication caused by alcohol. One reason for this is that there is no roadside drug test that can help officers in the field determine the…
Existing law may be sufficient to convict an intoxicated occupant of an autonomous vehicle of drunk driving. This is because the law in most states contains a sufficiently broad definition of the term “operate.” Public safety is likely to be the paramount concern of the courts as they grapple with…
Generally speaking, a violation of probation means that while on an order of probation you have done something the court ordered you not to do or failed to do something the court affirmatively ordered you to do. A technical violation specifically means a violation of the terms of probation, and…