Legal Reference Blog by Renee C. Walsh, Attorney

29. April 2009: Michigan "7411" Drug Offense Diversion Law

MCL 333.7411 is a law was proposed to allow judges to use their discretion to provide a non-criminal sanction for first-time offenders who commit less serious drug crimes. People v Ware, 239 Mich App 437, 441, 608 NW2d 94 (2000). It is a law that can be used as a get out of jail free card for a person charged with certain drug offenses. If the candidate is eligible for application of the law to their case, under certain circumstances, the person can be discharged from probation and their case can be dismissed without a conviction entered on their criminal record. ...More

27. April 2009: Kudo from Juvenile Law Category Inquirer

"You are of such great help to me. You really are appreciated. I just would like to let you know that. You are one of the only sites that I could find that actually took your time to help find the answer to my question, without ripping me off and asking me to pay you for my answer. I just want to let you know you are appreciated for your hard work. Thank you so much Renee. ~Kierra~"

27. April 2009: A creditor has sued me, how do I stay out of court?

Question:

I was approved for two credit cards from XXX, both obtained to purchase a TV in October of 2007. One card was around a $1,000 limit and the other card was around a $500 limit. I had to get two credit cards to afford the total cost of the TV and a warranty. I lost my full time job soon thereafter and fell behind several months on payments. When I got a part-time job in July of 2008, I went to pay off some of the amount on the bigger credit card. The online payment service was suspended. I lost my part-time job soon thereafter thanks to a lay-off, and haven't made any payments on either credit card. I received one or two letters from the debt collectors and didn't think I would be sued. Well, it turns out I that I am. I know I'm an idiot for getting myself into this situation, and I know I owe them the money and have to pay it back. I owe $X and have have about three weeks to file a written answer with the court and serve a copy on the other party. ...More

23. April 2009: Garnishment

Michigan codifies the statutory law on garnishment and attachment at MCL 600.4001 et seq. and the procedural rules for handling a garnishment at MCR 3.101. Garnishment allows a creditor who has procured a judgment to take or attach property of the debtor that is held by someone other than the debtor (the garnishee) as payment. The debtors wages and bank accounts are commonly garnished. ...More

22. April 2009: Employment / Background Check Scam - "Chad Smith" on Craig's List

This economy is difficult enough without predators taking advantage of those who are looking for employment. Watch out for employment scams! ...More

21. April 2009: Collecting on a Judgment - General Information

After fighting the battle to win the lawsuit, a new battle to collect the monetary award must be commenced. The commencement of this subsequent battle must await the appeal period (MCR 2.614(A)(1), 7.101(H)(1)(a)) and/or 21 days after resolution of any motion for a new trial, for rehearing or reconsideration, or for other relief from judgment (MCR 2.614(A)(1)). Manipulating these rules allows debtors the opportunity to delay collection. There is also a stigma with some judges who view collections with negativity and may not enforce the rules that permit creditors to collect. ...More

16. April 2009: Medical Treatment of Pregnant Minor

Question:

Hello, I have a very urgent question that I need answered as soon as possible. If a 17 year old is pregnant, and decides to move away from her parents, what can she do about doctor appointments? My sister is pregnant and 17, and moved away from our parents. I am 19 and unfamiliar with this. She needs to know whether a parent must be with her at the hospital to sign releases and what not. She is so confused. She needs to have regular check-ups just in case something goes wrong. She is on Medicaid. Does a hospital consider her a minor that needs a parent signature? Do you know if they can refuse her because she is only 17? Please write back, this is very urgent. Thank you. ...More

16. April 2009: Polygraph Protection Act

Michigan has compiled the POLYGRAPH PROTECTION ACT OF 1981 at MCL 37.201. This Act, effective as of March 1983, regulates the use of polygraph examinations by employers and employment agencies and the administration of polygraph examinations to employees and applicants for employment. It provides remedies and penalties for violations. Employers and employment agencies are prohibited from requiring polygraph examinations of employees and applicants for employment. They are also prohibited from discriminating against employees and applicants for employment because they refuse or decline to take a polygraph examination, and prohibited from taking any action against an employee because of an alleged or actual opinion that an employee did not tell the truth during a polygraph examination. ...More

15. April 2009: Michigan Allows Medical Marihuana

The Michigan Medical Marihuana Act became effective December 4, 2008. On that date, the people of the State of Michigan found and declared, based in part upon the finding of the National Academy of Sciences' Institute of Medicine March 1999 report, that there are beneficial uses for marihuana in treating or alleviating the pain, nausea, and other symptoms associated with a variety of debilitating medical conditions. Since approximately 99 out of every 100 marihuana arrests in the United States are made under state law, rather than under federal law, changing state law would protect from arrest the vast majority of seriously ill people who have a medical need to use marihuana. Even though federal law prohibits any use of marihuana except under very limited circumstances, states are not required to prosecute people for engaging in activities prohibited by federal law. for the health and welfare of its citizens, Michigan joins Alaska, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Vermont, Rhode Island, and Washington as states which do not penalize the medical use and cultivation of marihuana. ...More

14. April 2009: 9/11 Backlash JetBlue T-Shirt Lawsuit

Since September 11, 2001, there is an alleged pattern of discrimination at airports against people who are perceived as being of Arab descent. The JetBlue lawsuit was such an example. ...More

06. April 2009: Disorderly Conduct

Michigan law codifies the crime of disorderly conduct at MCL 750.167. The law reaches persons who neglect their family, prostitutes, peeping toms, persons who illegally run a business, and those who are drunk, indecent or obscene, vagrants, beggars and loiterers. There are also sections of the law that apply to persons hunting while intoxicated and those who are disorderly where there is a funeral service. ...More