What Is the Difference Between DUI, OWI, OWPD, and OWVI Charges in Michigan?

What Is the Difference Between DUI, OWI, OWPD, and OWVI Charges in Michigan? Throughout the country, some common acronyms are used to denote drunk driving. The most common are DUI, or driving under the influence, or DWI, driving while intoxicated. And while these are more well known throughout the country and often commonly used here in Michigan...

Nov 2021

Michigan Court Upholds Trial Court’s Ruling in Drug Case, Suppressing Incriminating Evidence

In a recent opinion from a Michigan court involving drug possession, the prosecution asked for the court to reconsider its previous order allowing the defendant to suppress incriminating evidence against him. The defendant had filed a motion to suppress evidence and dismiss charges of possession of a controlled substance less than 25 grams and possession...

Nov 2021

Michigan’s Expungement Laws for Marijuana Offenses

Marijuana is now legal for Michigan residents, regardless of whether they have a qualifying health condition. While the state initially legalized medicinal marijuana back in 2008, it wasn’t until 2018 when recreational marijuana became legal in Michigan. However, despite the legalization of marijuana, thousands of people still have convictions on their...

Nov 2021

Michigan Criminal Cases Involving Fourth Amendment Violations

The United States Supreme Court recently issued an opinion stemming from officers’ intentional use of force to apprehend an individual. The decision will likely impact the Michigan criminal defendant’s ability to hold police accountable for misconduct. More importantly for those facing criminal charges, the opinion will also likely have implications...

Nov 2021

Court Discusses Police Stop Involving Michigan’s Open-Carry Law

Earlier this month, a state appellate court issued an interesting opinion in a Michigan gun case. The opinion implicates several areas of criminal law, including the state’s open-carry law and constitutional protections against unreasonable searches and seizures. The Facts of the Case According to the court’s opinion, the defendant was checking his...

Nov 2021

Michigan Court Addresses Whether Defendant’s Statements Were Voluntary

The Court of Appeals recently reviewed a Michigan defendant’s appeal of his criminal sexual conduct conviction. Amongst several issues, the defendant argued that his statements were involuntary because he was impaired due to prescription medication. The case stems from an interaction between the defendant and the victim during a marijuana transaction....

Nov 2021

Court Reviews Admissibility of Confession in Michigan Drug Case

Recently a state appellate court issued a per curiam decision in a defendant’s appeal of her Michigan drug offense conviction. The case arose when officers discovered a bag of cocaine in a store dressing room. An officer approached the defendant and her friend inquiring about the drugs, and the defendant admitted that the cocaine was hers. The defendant...

Nov 2021

Can Michigan Police and Prosecutors Rely on Facial Recognition Technology?

Science and technology play an increasingly important role in our society. Over recent decades, advancements in these areas have been incorporated into the Michigan criminal justice system, with the advent of DNA evidence and other new scientific evidence. While, in theory, reliance on new types of evidence can help the fair administration of justice,...

Nov 2021

The Michigan Good Faith Exception to the Exclusionary Rule

The United States and Michigan Constitutions provide residents with certain rights. Among those is the right to be free from unreasonable searches and seizures. While a person’s right to be free from unreasonable searches varies somewhat depending on where they are located, there is no greater protection afforded to a person’s home. Indeed, under Michigan...

Nov 2021

Court Upholds Defendant’s Polygraph Waiver in Recent Michigan Sex Offense Case

Recently, a state appellate court issued a written opinion in a Michigan sex assault case discussing the defendant’s challenge to the lower court’s finding that he waived his rights before taking a polygraph test. The case highlights the importance of speaking with a Michigan criminal defense attorney before agreeing to speak with detectives or give...

Nov 2021