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Category Archives: Electronic Criminal Lawyer

Appeals Court Clarifies “Usable Medical Marijuana”

By Clarkston Legal |

How do you determine the weight of usable medical marijuana? That has been at the heart of many medical marijuana cases here in Michigan. For over a decade, the Michigan Medical Marijuana Act has arbitrarily limited care providers to 2.5 ounces of usable medical marijuana after a harvest, and up to 12 plants per… Read More »

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Operating While Intoxicated In Your Own Driveway

By Clarkston Legal |

On Monday, the Michigan Supreme Court decided an interesting operating while intoxicated [OWI] case. After pulling out of his garage, the man was arrested for drunk driving. Here are the Facts In People v Rea, neighbors of the accused complained to police about the noise next-door. An officer positioned his vehicle at the base… Read More »

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When to Accept A Plea Bargain

By Clarkston Legal |

Lawyers have lots of opinions about plea bargains. Many knowledgeable attorneys have different opinions about the plea process, what it means for the accused, and for the criminal justice system. The Plea Bargain Process One consequence of plea bargains is that a defendant waives her right to an appeal upon signing the agreement; any… Read More »

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The “Affluenza” Defense in Criminal Proceedings

By Clarkston Legal |

Much has been made of the so-called “Affluenza Defense” and an apparent disparity of accountability between the rich and the poor. The case of a teenager whose reckless driving resulted in the deaths of four people made national headlines, not simply because of the senselessness and heinous nature of the crime, but because his… Read More »

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Bill Requires Warrant for PBT for Under 21

By Clarkston Legal |

Over the years, we have had many clients, most of them college students, submit to a randomly administered preliminary breath test. Often, these people are caught-up in the alcohol sweeps on college campuses. To obtain the PBT, the police currently need no articulable suspicion or any other reason to subject someone under 21 to… Read More »

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New Law Reduces MIP to Civil Infraction

By Clarkston Legal |

“Kids will be kids” goes the old adage. Many of us find it difficult to describe the poor decision making, and sometimes outright stupidity, displayed by our youth. Young adults lack the fully developed reasoning ability to understand the consequences of their actions, and therefore, make bad decisions. Now, thanks to the state legislature,… Read More »

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THC Limits Sought for Drivers Using Marijuana

By Clarkston Legal |

Despite the marijuana momentum over the past few election cycles, there are some ominous clouds on the horizon for marijuana users, both medical and recreational. Along with a host of other year-end statutes, Governor Snyder recently signed the Impaired Driving Safety Commission Act, a bill sponsored by Rep Pete Lucido [R Shelby Township]. The… Read More »

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Appeals Court Clarifies Marijuana Transportation Law

By Clarkston Legal |

This post highlights a case decided last week by the Michigan Court of Appeals that involves the intersection of the Michigan Medical Marijuana Act and the Marijuana Transportation Act. Michiganders have been pushing for the legalization of marijuana in the state for years. To date, the legislature has only responded to their pleas by… Read More »

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Social Host Liability and the Holidays

By Clarkston Legal |

This holiday season, be careful if you invite people to your home and plan to serve alcoholic beverages. Here is a summary of social host liability in Michigan and a few useful tips to keep your guests safe and avoid legal problems. Social Host Liability In Michigan, hosts cannot knowingly serve alcohol to minors… Read More »

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Michigan’s Sex Offender Registration Act Challenged in Federal Court

By Clarkston Legal |

Is Michigan’s sex offender registration act [SORA] and its attendant registration requirements unconstitutional? A group of convicted sex offenders are working their consolidated cases through the federal court system in the Eastern District of Michigan to challenge the act. Does -v- Snyder The case, Does v. Snyder, decided by the United States Court of… Read More »

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