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Michigan Criminal Lawyer Blog

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Uttering and Publishing, Forgery Cases, Check Fraud Scams

Uttering and publishing is the official title in Michigan given for the felony crime of falsifying or forging certain documents with the intent to defraud. This crime has been on the books in since 1931. In my opinion, it is a badly written law that needs to be modernized. However,…

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Rear End Accidents: Traffic Ticket for Failing to Stop Within Assured Clear Distance (FTACD) and Distracted Driving

Unfortunately, a rear end automobile accident is not always avoidable. Rear end accidents can occur because of slippery/icy roads, distracted driving (texting) or inattentiveness to existing traffic conditions.  Traffic tickets issued for rear end accidents are one of the most common traffic tickets that we see every day on our Macomb…

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What to Expect if Charged with Retail Fraud in Washington Township (42-1 District Court/Romeo Division)

Retail fraud is the formal criminal charge when a person is caught shoplifting in Michigan.  Although the information in this publication is relevant to our retail fraud practice in Macomb County, I would say that the vast majority of the retail fraud cases that we handle in the 42-1 District Court occur at the…

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Michigan Driver Responsibility Fees; It Pays to Fight Every Traffic Ticket!

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. …

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Charged or investigated for embezzlement in Macomb County? A felony record and jail can be avoided!

  In Michigan, the offense of embezzlement is a crime of opportunity which is committed by someone who is in a position of trust which includes anyone that is an employee or associated with others in a business entity such as a partner or corporate officer.  It can also include…

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Forfeitures of Property and Cash when Charged or Suspected of a Crime

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…

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When a Misdemeanor Assault or Domestic Violence Case Escalates to a Felony Charge

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…

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A Criminal Defense Lawyer’s Perspective of Michigan Victim’s Rights Laws: Has the pendulum swung too far?

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, be afforded a victim’s rights advocate, confer with the prosecutor regarding plea bargaining and speak at the…

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Computer Crimes, Child Pornography, Using a Computer to Commit a Crime: Peer to Peer (P2P) – File Sharing Risks on the Internet

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…

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Multiple criminal charges do not always mean multiple criminal convictions!

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…

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