Michigan Criminal Lawyer Blog

Reckless Driving in Michigan is Worse than a DUI in Many Respects and Worth Fighting for a Reduction to a Non-Criminal Offense to Save CPL to Name Just One Benefit

November 23, 2016 | Abdo Law Firm

Reckless Driving is a crime, does not require an accident of any kind and is comparable in many respects to a drunk driving

As a policy, our Firm does not use ‘scare tactics’ to get your attention. On the contrary, our aim is to inform our website traffic visitors regarding legal topics in our areas of expertise. In this article, we will provide information regarding the criminal traffic offense of Reckless Driving based upon our experience in the Macomb County District Courts (37th District Court in Warren, 38th District Court in Eastpointe, 39th District Court in Roseville, 40th District Court in St. Clair Shores, 41-A District Court in Sterling Heights and Shelby Township, 41-B District Court in Clinton Township, 42-1 District Court in Romeo, 42-2 District Court in New Baltimore) and explain why it is as serious (see above graph) as a drunk driving – OWI.

Reckless Driving is a six (6) point criminal offense. Six (6) points is the greatest number of points that can be assessed for any traffic or criminal violation within the Michigan Motor Vehicle Code! Other 6 point offenses include Negligent Homicide*, Leaving the Scene of Accident, and Fleeing or Eluding a Police Officer. Reckless Driving carries more points than the offenses of Operating While Visibly Impaired, Drag Racing or the civil infraction of Careless Driving.

Uttering and Publishing, Forgery Cases, Check Fraud Scams

November 10, 2016 | Abdo Law Firm

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, the statute remains widely used to charge individuals whose conduct falls within the vague provisions of this law. Based upon the number of uttering and publishing / forgery cases that our firm handles in the Macomb County Courts, I would say that this statute is used most extensively to prosecute individuals that are involved in check scandals.

The crime of uttering and publishing is complete upon presenting a false document to be truthful with an intent to defraud another

The uttering and publishing statute (MCL 750.248) provides that:

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

October 26, 2016 | Abdo Law Firm

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 County District Court dockets. Anyone that drives regularly on M-59/Hall Road, on either the Sterling Heights side, or the Utica/Macomb Township and Shelby Township side, will probably witness a rear end accident at some point in time.

Crain’s Business Detroit, May 3, 2015, had this say about the situation on M-59/Hall Road: “Slogging through stop-and-go traffic on northern Macomb County’s main east-west thoroughfare — four lanes deep in exhaust and exhaustion — it’s easy to understand why some locals have dubbed it “Hell Road.”

A basic premise in Michigan is that a person is required to have control of a motor vehicle at all times. For this reason, a person that is involved in a rear end accident can expect to get hit with a ticket known as “fail to stop within assured clear distance” (abbreviated on the ticket as FTSACD). The offense of FTSACD is found in the Michigan Traffic Offense Code at MCL 257.627(1) and is a civil infraction which carries 2 points on one’s driving record. MCL 257.627 is the statute that covers FTSACD and also the traffic violation for failing to use due care and caution. The statute reads as follows:

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

September 26, 2016 | Abdo Law Firm

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 Meijer store located in Washington Township on the northeast corner of 26 Mile and Van Dyke. Most of those that we see facing retail fraud charges in this jurisdiction are first time offenders or those with a minor prior criminal record which we try to discount in the court system. The age of a person does not have any barriers for those who commit the offense of retail fraud. Our firm has represented individuals that qualify as juveniles (under age 17) as well as senior citizens. Some reasons associated with the conduct of retail fraud are financial distress, psychological issues, substance abuse, recent loss of a loved one, PTSD, adjustment to medications and peer pressure. However, I would say that isolated impulsive behavior is the number one reason that a person commits an act of retail fraud.

Retail fraud may be charged as a misdemeanor or felony

Retail fraud can be charged as a misdemeanor or felony depending upon the value of the property involved. Here is how the State of Michigan breaks it down in the Michigan Penal Code:

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

July 14, 2015 | Abdo Law Firm

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.

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

July 3, 2015 | Abdo Law Firm

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 persons in unpaid positions that are entrusted with charitable proceeds to collect money for school or club functions. In the most basic terms, embezzlement means stealing, or committing the act of larceny, during the scope of an employment situation. Some examples of embezzlement that we have seen in our Macomb County Courts include:

Employee working with an outsider and failing to scan items at the point of checkout.
Bookkeeper that uses company credit card or checks for personal use.

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

March 24, 2015 | Abdo Law Firm

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,

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

February 20, 2015 | Abdo Law Firm

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 violenc is charged when an assault and battery occurs and 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 to prevent other party from driving while intoxicated.

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

January 9, 2015 | Abdo Law Firm

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 time of sentencing to request a specific (jail) sentence.

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:

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

January 8, 2015 | Abdo Law Firm

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