Legal Reference Blog by Renee C. Walsh, Esq.

22. August 2008: Appearance at Arraignment Can Be Waived

Did you know that appearance at an arraignment can be waived so that the defendant will not be required to be present in court until the pretrial hearing? ...More

12. February 2008: What is an Arraignment? Is a lawyer needed?

According to Black's Law Dictionary, an arraignment is a procedure whereby the accused is brought before the court to plead to the criminal charge against him in the indictment or information. The charge is ...More

03. November 2007: Michigan Criminal Law Statute of Limitations

The Michigan statute of limitations on crimes is found at MCL 767.24. It provides different periods of limitation based upon the crime as follows: ...More

15. October 2007: Urinating in Public - Michigan

The Michigan Penal Code does not specifically identify urinating in public as a crime. This crime is frequently at the local level by for example, the local cities, villages, or townships. Michigan does have a statute in the penal code against indecent exposure. MCL 750.335a states: ...More

08. August 2007: Habitual Offender

The Michigan habitual offender statutes provide that individuals convicted of 'a felony, an attempt to commit a felony, or both,' who subsequently commit another felony, are subject to sentence enhancement. MCL 769.10-769.12. If the prosecutor intends to seek enhancement of sentence, he must ...More

02. August 2007: Michigan Attempt to Commit a Crime

The crime of attempt reduces the punishment. In some cases this does nothing. Consider a juvenile defendant age 12 charged with a 5-year felony. At the pretrial, the prosecutor offers an attempt with the selling point being that the maximum punishment is reduced. This is essentially an empty offer as to this defendant because ...More

30. July 2007: Larceny

This crime consists of a taking, and carrying away, of tangible personal property, of another, by trespass, with intent to permanently deprive. The property must be personal property, it must be tangible, and it must have some value. The property has to be taken from someone with possession. If the taker has custody of the item, as where the item has been borrowed and then never returned, then it is not larceny. On the other hand, if the property is lost or mislaid, it could be larceny because it is regarded as constructively in the possession of the owner. Abandoned property has no owner and cannot be the subject of larceny. Furthermore, ...More

12. July 2007: Expunging Criminal Records - Michigan

Expunging criminal records is addressed in Michigan Public Act 1965, entitled, Setting Aside Convictions, and codified at MCL 780.621 to MCL 780.624. According to the law, a person is eligible to file an application to expunge a criminal record if they have been convicted of not more than one criminal offense; it has been at least five years from the conviction or imprisonment; and the conviction was not for a felony / attempt for which the maximum punishment is life imprisonment, a crime involving rape or a traffic offense.

The application fee is ...More

21. June 2007: Penalty for Carrying Concealed Weapons

The penalty for carrying a concealed weapon is defined in MCL 750.227 Concealed weapons; carrying; penalty. Violation is a 5-year felony.

Sec. 227.

(1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling house, place of business or on other land possessed by the person.

(2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.

(3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500.00.

21. June 2007: Possession Marijuana

This falls under MCL 333.7403(1)(2)(d) and is a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or both. Under MCL 333.7408a, there are also licensing sanctions for conviction. If no priors then the operator's license is suspended for six months with restricted license possible after 30 days. If priors, then suspended for 1 year with restricted license possible after 60 days. The license is surrendered at the sentencing hearing.

In order to prove this crime, the prosecution bears the burden of proving beyond a reasonable doubt that the person knowingly or intentionally possessed the substance which has been tested positive for marijuana.