Drunk Driving is a serious problem. Michigan judges and law enforcement officials are encouraging drivers not to drink and drive and to use a designated driver this Labor Day weekend through the "Drive Sober or Get Pulled Over" campaign. But due to the recent addiction epidemic that is engulfing communities nation-wide, one Macomb County district judge has also introduced a program designed to help those suffering from addiction.
Self Defense & Guns are always a hot legal topic, and today is no different. The recent tragic accidental self-inflicted shooting death of a 9 year-old Detroit boy has prompted the Wayne County Prosecutor's Office to charge the boy's father with a laundry list of offenses including murder, which could land him in prison for life. Based on information from public media reports, if the father had followed the law, the firearm would not have been in the house. First, the shotgun involved has been described as being "sawed-off". In Michigan, shotguns are required to have at least an 18 inch barrel. Anything shorter than that is considered "sawed-off". Secondly, media reports state that the father is a felon. Felons are not permitted to possess firearms under federal and state law in Michigan.
In The Justice System, Prosecutors have an enormous amount of discretion in a criminal case. As a former prosecutor in the State of New York, and the Federal System in Detroit, I had the ability to decide who should be charged with a crime, what felony and misdemeanor charges should be filed, and when charges would be filed. Like all prosecutors, I also had the ability to negotiate plea bargains, dismiss charges, and recommend downward departures at sentencing. However, prosecutors cannot engage in conduct that amounts to selective or vindictive prosecution. For ethical prosecutors, this is not a problem. Unfortunately, some prosecutors cross the line. A recent google search for "prosecutorial misconduct cases" yielded over 150,000 results in .28 seconds.
In this Police & You segment, we examine whether the NYPD's Stop and Frisk Policy is Racially Driven.
When you have attorneys protecting your rights, there is no need to speak to the police or media. After Jodi Arias was found guilty of first-degree murder last month, during a television interview with KSAZ, she stated, "I would much rather die sooner than later." Apparently, Arias was surprised by the jury's verdict. She told the Phoenix television station, "[i]t was unexpected for me, yes, because there was no premeditation on my part," but she also stated, "I can see how things look that way."
What does the Boston Marathon Bombing tell us about Protecting Your Rights?
In the Justice System in America, it is generally not criminal to fail to render asssitance to an adult who could use your help. However, recently in California a nurse employed at an independent living facility, refused to provide CPR to a dying elderly woman because the facility had a policy against administering CPR to its members. Although the facility maintains that its members were fully aware of its no-CPR policy, police have opened a criminal investigation to determine whether any criminal charges should be filed.
The Police & You - the Fourth Amendment of the U.S. Constitution guarantees "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures ... and [that] no Warrants shall issue, but upon probable cause, supported by Oath or affirmation ..."
Protecting your Rights is critically important when it comes to Personal Protection Orders in Michigan
Drinking and driving in Michigan has serious consequences. It is not taken lightly by the criminal justice system. Over the years, Michigan has substantially increased the minimum criminal punishments to those found guilty of drinking and driving. But it is not only those that have been caught drunk driving that fall under Michigan's intoxicated driving laws. Those with other illegal, and sometimes legal, drugs in their system can be found guilty under the same laws used to convict offenders guilty of consuming alcohol and driving.