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Since 2003, the State of Michigan collects Driver Responsibility Fees against driver’s when excessive points are abstracted on a person’s driving record (Category 1 Offenses). Fees are also collected for specific offenses, regardless of points (Category 2 Offenses). Drunk driving is an example of an offense categorized under Category 2.  For example, a person who is convicted for Operating While Intoxicated is required to pay $1,000.00 per year for 2 years for a total of $2,000.00. A conviction for the lower drinking and driving offense of “impaired driving” requires $500.00 per year for 2 years in fees.

These fees have been called a “death penalty for drivers” by State Rep. Joe Haveman (R-Holland). Haveman favors legislation which would phase out all driver responsibility fees and he has called the law a “cash grab” for the state at the expense of motorists, who can lose their license for non-payment.

Traffic tickets are handled in the district Courts. In the district courts where we appear frequently, including : 37th District (Warren/Centerline), 38th District (Eastpointe), 39th District (Roseville/Fraser), 40th District (St. Clair Shores), 41-A District (Sterling Heights, Shelby Township, Macomb Township, Utica), 41-B District (Clinton Township, Harrison Township, Mount Clemens), 42-1 District(Romeo/Washington Township), 42-2 District (New Baltimore/Chesterfield Township), 72nd District (Marine City/Port Huron Divisions), 44th District (Royal Oak), many individuals are driving without a license and without insurance. They just cannot afford all of costs associated with traffic tickets and Driver Responsibility Fees.

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In Michigan, the offense of embezzlement is a crime of opportunity which is committed by someone who is in a position of trust (such as a cashier or teller) or in a special position to care for the property of another (accountant, bookkeeper). The recession has caused financial hardship for many of our clients in Macomb County and Oakland County. The housing crisis, stock market decline and bleak employment situation hit many people at a time when they were funding retirement plans and college educations. After 2007, embezzlement crimes soared in the United States. Unfortunately, desperation, poverty, drug use and opportunity are causes why otherwise law abiding people break the law to make ends meet.

Embezzlement Penalties

Wikipedia defines embezzlement as the act of dishonestly appropriating or secreting assets by one to whom such assets have been entrusted. Embezzlement is covered in the Michigan Penal Code at MCL 750.174. The maximum penalties are as follows:

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A recent article in the Detroit Free Press says what I have been wanting to say about forfeitures, “Justifiable Seizures Or Legal Shakedowns by the Police?” The article makes several observations:

-Michigan gets a D- as being one of the worst states in the nation property seizures/forfeitures,

-Michigan’s forfeiture laws lack enough safeguards,

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This blog is long overdue. In this blog I will attempt to explain the reasons that make it so difficult to get a domestic violence dropped or dismissed.

The Prosecutor Represents the People of Michigan or Municipality Where the Offense Occurred

First of all, it is important to understand that once a criminal case is pursued, the prosecutor represents the people or public at large for a specific jurisdiction. County Prosecutors have authority to pursue criminal cases on behalf of the “People of Michigan”. City or township prosecutors have authority to prosecute those that are accused of committing ordinance violations within their jurisdiction. Federal criminal cases are prosecuted by the District Attorney’s Office. For this reason, the court title of any criminal case is:

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ABC’s of Assault and Domestic Violence Cases

In Michigan, the crimes of “assault and battery” or “domestic violence/assault” are classified as misdemeanor offenses, or minor criminal offenses. The offense of “assault and battery” means that the defendant made intentional (non-accidental) physical contact with another person and without consent to do so. Any touching of the other party, however slight, is sufficient to constitute an assault and battery. Domestic violence/assault is charged when a close relationship exists between the parties. Some of the cases that we see involve minimal physical contact or physical contact for a specific purpose or intent other than to cause harm. For example:

-Taking the car keys or other property from another person.

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When a person commits a crime that involves a victim, a number of laws apply that provide the victim with several rights. Some of these rights allow for the victim to collect restitution, speak at sentencing, be afforded a victim’s rights advocate and confer with the prosecutor. In every respect, these are important rights.


Article 1, Section 24 of Michigan’s Constitution
provides as follows:

Crime victims, as defined by law, shall have the following rights, as provided by law:

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What does Peer to Peer (P2P) Mean?

File sharing sites on the internet allow the access of digital content from other computers connected on a peer to peer (P2P) network. A peer (personal computer user) may copy the contents such as videos, music, photographs or books of a peer (another personal computer).

Risks Associated with P2P Networks – File Sharing

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This is an updated article in our series about retail fraud cases which are handled extensively by our criminal defense lawyers in Macomb County. We have posted several other articles relating to retail fraud that are referenced at the end of this article.

Places/courts where retail fraud cases are prevalent

Retail fraud cases seem to be on the rise in every court where we appear. Retail fraud cases are always one of the most frequently charged misdemeanor offenses in the Macomb County District Courts. While every court in Macomb and Oakland County sees its fair share of retail fraud cases, the courts which are located in jurisdictions with shopping malls, mega strip centers and major shopping corridors have the greatest number of retail fraud cases on their dockets. A list of the courts that would fall in this category are as follows:

DUI BAC CHART MALE & FEMALE
Blood alcohol levels are related to the amount of alcohol consumed. The passage of time may mean that some of the alcohol has been eliminated from the body. A consultation with someone charged with drunk driving invariably will involve questions which pertain to these factors:

  • How many drinks were consumed?
  • What was the alcohol percentage (proof) of the beverage consumed?

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Above image is an actual court disposition resulting in dismissal of multiple offenses.

This blog is based upon our experience representing clients that are charged with multiple criminal offenses. Multiple criminal offenses may be brought even when there is a single intent involved. When confronted with multiple criminal charges, our objective becomes one of untangling the mess, isolating what really occurred and attempting to get charges reduced or dropped.

In certain situations, a person may obtain multiple criminal charges arising out a single incident, single intent or criminal episode. An evening of alcohol consumption with friends, or the escalation of a domestic altercation, sometimes ends poorly. In other cases, multiple criminal charges may be the result of an over-zealous prosecutor or police agency seeking to hit an offender with every offense in the Michigan Penal Code. In our experience, multiple criminal charges arising out of a single incident is usually “over-kill” on the part of the prosecutor or cops and seldom results in multiple convictions when approached with a sound legal strategy.