Police & You - Dear Police: Hands Off My Property!
Protecting Your Rights - Know the Rules Before You Hunt
For many people, Protecting Your Rights means the Right to Hunt. With deer season right around the corner, the Michigan Natural Resources Commission (NRC) has approved a set of regulations targeting the spread of Chronic Wasting Disease (CWD). CWD is a neurological disease that effects deer, elk, and moose. The disease produces small lesions on the animal's brain and results in trembling, drooling, extreme weight loss, abnormal behavior, and eventually death.
The Trial Penalty
In 2016, 97.3% of defendants in the federal criminal justice system conceded guilt. This means that less than 3% of defendants exercised their constitutional right to trial. The vast majority of a criminal defense attorney's time is dedicated to plea bargaining - we negotiate with prosecutors to reach an acceptable outcome for clients. Plea negotiations are an important tool for defendants. However, when a defendant wishes to go to trial, is he or she punished for doing so?
The "trial penalty" is the discrepancy between the sentence offered during plea negotiations and the sentence a defendant faces after trial. Often, defendants going to trial will receive a much harsher sentence compared to what the sentence might have been following a guilty plea. In 2015, in most primary offense categories, the average post-trial sentence a defendant received was more than triple the average post-plea sentence. A majority of the time it is in the defendant's best interest to accept a plea. But it is fundamentally unfair that contesting evidence and maintaining innocence results in a harsher sentence.
The Justice System: More Federal Prosecutors On the Way
In The Justice System, the federal government recently announced that it will be adding approximately 300 Assistant United States Attorneys (AUSAs) nationwide. This increase marks the largest in decades. The government intends to increase resources to combat violent crime, enforce immigration laws, and help address the devastating opioid crisis.
Narcotics and Drugs: The Opioid Crisis
Politicians speak frequently about Narcotics and Drugs. Recently, the Trump administration rolled out a plan to combat the opioid crisis, which includes increased funding for Medicaid recipients struggling with addiction and testing for opioids in prisons to direct people towards treatment centers. Also among these measures is a plan to subject some drug cases to the death penalty. No matter where one stands on these efforts, the first question should be: how effective will these measures be?
The Justice System Under Attack: The Attorney - Client Privilege
The attorney-client privilege in The Justice System, which ensures that a client can honestly communicate with an attorney in seeking advice and aid, is a cornerstone of the U.S. legal system. The privilege generally prevents an attorney from being compelled or even voluntarily disclosing information conveyed in confidence by a client for the purpose of seeking legal counsel.
Police & You: No You May NOT Search
When it comes to the Police & You, one of the most important of all rights guaranteed in the Constitution's Bill of Rights is the Fourth Amendment's prohibition on unreasonable searches and seizures. But what exactly is the scope of your rights under the Fourth Amendment, and how much authority does it leave police officers to perform their jobs?
Animal Cruelty in The Justice System
In The Justice System, often Animal Cruelty cases evoke more outrage among the general public than a child abuse case. And, for anyone that has owned a pet, it's not difficult to understand why. Not only are pets seen as part of the family, but some pet owners even go as far as to give pets birthday and Christmas presents. Annually, owners spend more than $50 billion on pet care, presents, and even professional photos. Today, more than two thirds of American households own pets, and that number is on the rise.
Teenage and Juvenile Crime: CHANGES IN THE MIP LAW
When it comes to Teenage and Juvenile Crime, the list has gotten shorter. Michigan minors who occasionally sneak an alcoholic drink have caught a break. I previously posted about the new legislation that was, at the time, sent to Gov. Snyder's desk that would reduce a first MIP down to a civil infraction. As a civil infraction, the penalty for a first MIP would be a $100 fine. Gov. Snyder signed bills 332 and 333 at the end of 2017 and they take effect this year.
2017 Deer Opener & The Justice System
Don't forget about The Justice System with the firearms opener of 2017's deer season just days away. Remember that the laws governing hunting will be vigorously enforced. Year after year, I take on clients who are charged with a variety of offenses by Department of Natural Resources Conservation Officers. These officers, who possess wide-ranging authority, have power to investigate and arrest for not only wildlife and hunting offenses, but also for all violations of law. Some say their authority exceeds that of a Michigan State Police Trooper.
