Trying to define criminal law

Trying to define criminal law

We hear about law everyday whether we realize it or not. It’s in our Government, in our work, and even in our houses. One type of law is Criminal law, which is also known as Penal law. This is “The body of statutory and common law that deals with crime and the legal punishment of criminal offenses.”

Inside of criminal law there is four major theories of criminal justice:

  • Punishment
  • Deterrence
  • Incapacitation
  • Rehabilitation

This form of law is essential in many cases because it can distinguis between crimes from civil wrongs. Criminal law has been around for ages, and is seeing as the fundamental system of regulating the behavior of individuals and groups relatively to what is defined as the social norms. This differs between civil crimes, where the difference is between two individuals and their individual rights and obligations under the law which is ruling the entire society.

An example of a civil law case is a dispute between two individuals over a contract that they made to for example sell an automobile. In that case one individual feels that their individual rights for a fair automobile sale have been breached by the other party. Where as in a criminal case, you would have for example a murderer, who is infringing on the right of safety that we all have. Given those two examples I’m sure you can appreciate how important Criminal law is, and the important role that it plays in everyone of our societies.

Carrying a firearm Under the Influence in Michigan

Carrying a firearm Under the Influence in Michigan is a serious offense. Below is a link to the Michigan State Police website that explains what the BAC thresholds are consequences. If you or someone you know, has been arrested for carrying a firearm Under the Influence in Michigan, you need to contact a good reputable Michigan Firearm Defense Attorney to help you defend your charges appropriately.

https://www.michigan.gov/msp/0,4643,7-123-1878_1591_3503_4654-10961–,00.html

Current Michigan Marijuana Laws

Current Michigan Marijuana Laws, though there is plenty to talk about the fact that Michigan approved a Marijuana legalization vote for November… Nevertheless, it is STILL currently illegal, except for those with a valid medical marijuana card.

The link below which goes to National Organization for the Reform of Marijuana Lawslists the current Michigan Marijuana laws and associated penalties. If you get arrested for any issues related to Marijuana in Michigan, it is highly recommended that you immediately seek the counsel for an experienced Michigan Marijuana Defense Lawyer.

http://norml.org/laws/item/michigan-penalties-2

Arrested for Disorderly Conduct in Michigan

arrested for disorderly conduct in Michigan, Michigan Criminal Defense Attorney Michael L Steinberg

Being arrested for Disorderly Conduct in Michigan (MCL 750.167) if convicted is a Misdemeanor punishable by up to 93 days in county jail and/or probation + a hefty fine and court costs.

  • The city of Royal Oak, Michigan defines Disorderly Conduct in 278.35
  • The city of Mt. Clemens, Michigan defines Disorderly Conduct in 20.001 – Sec 1

Also under Michigan law, there is also a Disorderly Persons offense (MCL 750.168) which is a catch-all for several offenses in Michigan.

Being convicted of Disorderly Conductor Disorderly Persons will result in a criminal record. If you had a prior charge for being “disorderly” and as a result, the prosecutor, judge, and probation officer view it as “contact” with the criminal justice system.  Any contact(s) with the courts and/or the cops are not good. They suggest that the person has a propensity for getting in trouble, and if they didn’t learn the first time, then they obviously need a more severe consequence.

Depending on your circumstances it may be possible to get these charges completely dropped, preserving you from getting a permanent criminal record. Because these offenses are so common, and subjectively applied, it is VERY IMPORTANT to have a skilled and knowledgeable Michigan disorderly conduct defense attorney to represent you.

Michigan Retail Fraud (shoplifting)

Michigan Retail Fraud (Shoplifting), Michael L Steinberg Michigan Retail Fraud Defense Attorney

Michigan Retail Fraud (shoplifting), penalties are serious for anyone accused of stealing an item from a retail store could land you in jail.

If you steal from a retail store or even attempts to steal from a store, you are guilty of shoplifting. If you even move an item, and employees or store security suspects you intended to steal the item, you could be found guilty of retail fraud. Even switching price tags on merchandise to pay less for an item is also a form of shoplifting. Any of these offenses could earn you a criminal conviction and could result in jail time and fines.

The consequences of being found guilty of Michigan Retail Fraud (shoplifting) are very serious as outlined in the Michigan Legislature penal code listed below:

If you are charged with Michigan Retail Fraud (shoplifting), whether it is a misdemeanor or felony offense, depending on the circumstances, you’ll want to get a knowledgeable defense lawyer that will either fight for an acquittal at trial or focus on minimizing the consequences of a conviction.

Resisting Arrest in Michigan

Resisting Arrest in Michigan, Michael L Steinberg Michigan Assault Defense Lawyer

Been charged with Resisting Arrest in Michigan for the very first time, this doesn’t make you a criminal or a bad person. It’s quite common that a good person will get themselves unfortunately into a bad situation, which results in them being charged with Resisting Arrest in Michigan.

According to Michigan Legislature Section 750.81d, assaulting, battering, resisting, obstructing, or opposing a person performing their legal duty is a felony criminal offense, which can result in both jail time and significant fines. The definition of “a person” as used in this statute includes state or local police, campus police, conservation officers, sheriffs, constables, peace officers, firefighters, emergency medical personnel, or search and rescue teams.

Any resistance or opposition could result in criminal charges, and this legislation is by no means limited to physical assault on an officer. If you have been charged with resisting arrest, you need to contact a Michigan Criminal Defense Attorney now to discuss your case and work through the best legal actions you can take. Mr. Steinberg is always available 24/7 for clients, and can immediately begin working to protect your rights.

Michigan Domestic Violence Law

Michael L Steinberg Michigan Domestic Violence Attorney

Being charged with Domestic Violence in Michigan can have very serious consequences.

Michigan Domestic Violence Law has two classifications:

  1. Domestic Violence as defined in section MCL 750-81
  2. Aggravated Domestic Violence as defined in section MCL 750-81a

A first offense for a Michigan domestic violence charge is typically a misdemeanor, however, it could land you up to 93 days in jail!  With the representation of a knowledgeable domestic violence attorney, in many cases, probation will be given, coupled with fines, costs, classes, and refraining from any alcohol or drug use.

A second offense domestic violence is also a misdemeanor in Michigan, however, it carries the possibility of up to one year in jail, fines, and additional significant costs. Probation may be given, coupled with fines, additionally classes, and refraining from any alcohol or drug use.

If you have two previous convictions for domestic violence, you may be charged with felony domestic violence.  A conviction for this felony charge could lead to up to 2 years in prison with fines and costs up to $2,500.00.

Michigan Aggravated Domestic Violence is different than Domestic Violence because there is a serious injury that results from it. An aggravated domestic violence has all the same things of a domestic violence except for that the person got seriously injured by the assault.

A Michigan aggravated domestic violence charge can bring up to a year in jail, a fine of up to $1,000 or more, and two years of possible probation.

Having an assaultive crime on your record, even though it is a misdemeanor, can cause future or present employers to either terminate your employment or not hire you. Additionally, these charges can also cause collateral consequences for international travel and immigration.

If you are accused of committing domestic violence or aggravated domestic violence in Michigan, you need to contact a Michigan Domestic Violence Attorney immediately. An experienced and seasoned Michigan defense lawyer will fight for you.

Michigan State Police Roadside Drug Testing

Michigan State Police roadside drug testing, Michael L Steinberg Macomb Defense Lawyer

The Michigan State Police roadside drug testing has announced five counties where the testing pilot program will begin on Nov. 8.  You can read more about it here: http://bit.ly/2z0NkDt

You do not have to submit to a saliva sample.  It is a civil infraction.  Michigan DREs are junk science.
Other than marijuana (see below for medical marijuana), prescription drug users MAY have a defense for operating with the presence of a controlled substance.  There is a defense of therapeutic levels.  That is the sample has a level consistent with that as prescribed by the doctor
TO MY MEDICAL MARIJUANA CLIENTS, I want to remind you that you are still permitted to operate a vehicle after you’ve consumed your medicine, provided YOU ARE A CARDHOLDER.   The Michigan Supreme Court has ruled that the government must prove actual impairment for these class of drivers.  A difficult task being there is no quantified level for THC also known as the therapeutic level which is considered acceptable.  Patient a needs a different level of THC than Patient B.  Along with many studies showing that THC does not impair driving.
When hiring a lawyer, for these cases, make sure they are plugged into the Defenses.