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.

Fighting for one’s Fourth Amendment Rights

Fighting for one's Fourth Amendment Rights
It’s been a spectacular few days at the Law Offices of Michael L. Steinberg in Fighting for one’s Fourth Amendment Rights.
The Court granted Defendant’s Motion to Quash the Information.  Defendant was charged with Resisting and Obstructing a Police Officer.  Part of that charge encompasses disobeying the lawful order of a police officer. Defendant has a common law right to resist an illegal arrest.  The Fourth Amendment requires the police to have probable cause to arrest, defined as Criminal activity afoot or some very narrow grounds.
In the case, Mike Steinberg argued to the district court judge that a citizen can legally, loudly protest the towing of her friend’s car and not be subject to arrest.  That there was nothing to investigate as the police agreed to the same  That there was no valid exception to detain “to sort things out”  The District Court Judge agreed that the defendant could protest, but nonetheless interfered with their duties.  Mr. Steinberg filed an extensive brief on Fourth Amendment jurisdiction including some from our overseeing Federal Sixth Circuit Court of Appeals. In his brief, Mike Steinberg analyzed exceptions and argued why they did not apply. Mr. Steinberg thanks, Thomas Loeb for his immediate access and grasp of a very helpful Sixth Circuit case.   The Circuit Court agreed with Steinberg’s analysis and GRANTED the Motion to Quash which extinguished the case.  As my colleagues would report, getting such a result is very rare.
There are many choices for lawyers out there.  To paraphrase my favorite coach Mark Dantonio. While some are talking about results, Michael L. Steinberg is getting them.  Michael L Steinberg remains committed to fighting any case along with fighting for one’s Fourth Amendment rights.

Macomb County Circuit Court Armed Robbery Defense

Macomb County Circuit Court Armed Robbery Defense. Not guilty of Armed Robbery. Guilty of Unarmed. Life Felony gone. Convicted of a 15 year. Given the event was captured on HD video recording and when he was apprehended a month later, he just happened to have a very unique hoodie in his personal belongings. The very one used in the incident. Client IDd by clerks recognition of his voice. The assailant was a previous frequent customer. Stellar outcome.
Key to success. Us playing the video in slow motion from 2  camera angles, one capturing a view of the assailant’s hands. Jury found no implied weapon
There are a lot of lawyers that parade results. Me I have a primarily capital case (life max) docket. As in this case and many of mind, damaging evidence such as client statements, video recordings and physical evidence, all came in.  I didn’t go to law school to try traffic tickets, I try the toughest ones.  Most the time as court-appointed with no resources. When assessing whom you hire, have them talk about those tough cases.
Michael L. Steinberg, Esq
A Constitutional Warrior