Recently, the crime of conspiracy has been at the forefront of removal proceedings in the field of immigration law. While the charge itself can be highly manageable with a competent criminal defense attorney, the issue of deportation and incarceration have made the issue far more complex. To discuss this matter…
Michigan Criminal Lawyers Blog
Neglect and Abuse (NA) Cases can Lead to Deportation
A field of law that has become a topic of immigration proceedings of late is Neglect and Abuse cases. Neglect and Abuse (NA) cases have a lower burden than that of criminal matters, but the consequences can be extremely severe for those that are not American citizens. To discuss this…
Inchoate Crimes: An Incomplete Pathway to Criminal Defense
Inchoate crimes are criminal charges that often get overlooked in the criminal justice system but can lead to serious consequences. An inchoate offense is a type of crime that is committed by taking a punishable step towards the commission of another crime. To learn more about this topic, we spoke…
The Immigration Consequences of Carrying a Concealed Weapon (MCL 750.227 (2)
One crime that has drawn legislative ire of late is Carrying a Concealed Weapon (MCL 750.227 (2). Carrying a concealed weapon which is often referred to as a CCW is a felony punishable by up to 5 years in prison and a $2,500 fine. Michigan does have a concealed pistol…
Accessory After the Fact (MCL 750.505) Has Both Criminal and Immigration Consequences
One crime that often gets overlooked when it comes to immigration purposes and criminal scoring guidelines is “Accessory After the Fact.” On its face the crime appears to be an afterthought in the criminal justice system. However, there are severe consequences that could include a stay at the Michigan Department…
Michigan DUI Expungement Law Change
For years, a DUI was one of the only convictions you could not expunge in Michigan. Manslaughter, for example, could be expunged, but not DUI. Doesn’t make a lot of sense, does it? Michigan lawmakers agreed. Effective February 19, 2022, the law was changed to allow for expungement of a…
Michigan Supreme Court Reinforces Application of Terry v. Ohio in Ruling
Original Case Details A woman was charged with operating while intoxicated with a child as a passenger and open container in a vehicle after a police officer pulled her over. The main issue in this case is how the police officer came to pull the woman over in the first…
Michigan Supreme Court Reinforces Warrant Requirement to Search a Cell Phone a Second Time for Different Activity
Original Case Details The defendant in this case was convicted at trial of armed robbery. This conviction occurred after two previous trials that both ended in mistrials due to hung juries. According to court records, in early August 2016, a man went for a walk and met a woman on…
Michigan Court of Appeals Rules That Judges Cannot Prevent Medical Marijuana Patients from Using Marijuana During Probation
Original Case Information This case originally started as an assault & battery case charged against the defendant, Michael Thue. The apparent story is that Thue committed his crime in an act of road rage. Thue pled guilty to assault and battery and was sentenced to one year of probation by…
Michigan House of Representatives Approves Bipartisan Bill Allowing DUI Expungements
The Current Law on DUI Expungements Currently, in the state of Michigan, you cannot get a DUI conviction expunged from your criminal record. So, while the title of this article does give a reason for hope, it is still only a step towards the potential of DUI convictions being included…