Welcome to Accused But Not Guilty!

A Michigan judge imposed a sentence of no jail time for a citizen charged in southwest Michigan with OWI 2d.

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One of the more controversial statutes enacted in the recent past is Michigan’s Medical Marihuana Act (the statute spells “marijuana” with an “h” as opposed to a “j”).  The statute provides clear guidance on who is protected:  “A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty”, so long as that qualifying patient does not possess more than 2.5 ounces and 12 plants (MCL 333.26424(a)). 

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We recently managed to dodge a federal indictment for a client and negotiated an outstanding plea for her in state court. What is difficult to understand is that the best lawyering at the federal level comes before the indictment is formally issued.

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The provision used by the district judge was MCR 6.106(B). Pursuant to MCR 6.106(B)(4), the arraigning magistrate must specifically state the reasons for denying pretrial release. Here, there were no specific reasons stated, other than a reference to the charges against the accused.

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Law enforcement can no longer require someone to take a preliminary breath test (pbt) in the State of Michigan when investigating a potential violation of the minor in possession (MIP) statute. In People v Chowdury, 285 Mich App 509 (2009), the Court of Appeals adopted prior rulings in 2 cases by a federal judge in Bay City. That ruling held that the administration of a pbt is a search for purposes of the 4th Amendment. The ruling also held that a police officer must have either a search warrant or an exigent circumstance in order to require a citizen to submit to a pbt.

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