4th Amendment Privacy Rights in your Backyard

Recently, I represented a young man who found himself in the backyard of a party in possession of alcohol and under 21 years old. As he was hanging out with his friends, the police entered the fenced-in backyard through a closed gate. The officers never announced their presence, did not request consent to enter, and did not obtain a search warrant. Admittedly, the party was somewhat loud, as the officers were responding to an anonymous noise complaint from a neighbor. Ultimately, the party was stopped, and many of the young people were cited for misdemeanor minor in possession of alcohol.

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Understanding a Conviction's Effect on Immigration Status

One of the most misunderstood areas of criminal practice by attorneys is the effect that a conviction may have on a non-citizen’s immigration status. As a criminal defense attorney, I have handled many cases where a conviction would result in my client’s deportation. Unfortunately as well, I have witnessed many other lawyers advise their clients to take plea deals which immediately cause the client to get deported.

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Keeping out Accuser Statements in Domestic Violence Trials

Recently, the Michigan Legislature adopted MCL §768.27c, which, in Michigan domestic violence trials, allows the prosecutor to bring in to evidence of an alleged victim’s statements to police, even if that person does not appear at the trial. As noted by the Legislature, the rational of this law is that it is “common that a domestic violence victim will make a statement to a police officer or other emergency responder but later may be unwilling to testify in court against the abuser.” (See Bill Analysis) Although the Michigan Legislature certainly had good intentions regarding the implementation of this law, the application of the law runs contrary of the Constitution and is illegal. Nevertheless, the vast majority of these cases are never challenged by criminal defense attorneys, thus resulting in many convictions and pleas based on illegal and inadmissible evidence.

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Understanding the Minor in Possession of Alcohol Charge

As an attorney who has handled many minor in possession of alcohol cases throughout Michigan, I continuously argue cutting edge defenses in order to win MIP cases. The reason why I handle so many MIP cases is because Michigan, and specifically, certain district courts, have taken the minor in possession of alcohol charge and treated it as though it was a major misdemeanor offense. Ultimately, this has resulted in many young people receiving sentences ranging from heavy probationary sentences, to jail if the probation is violated.

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Tough Judges in the Oakland County District Courts

As Michigan criminal lawyers who practice statewide, I, along with the other members of our firm, have handled cases in nearly every District Court in the Lower Peninsula. It has been our experience from our various cases that the toughest District Courts in Michigan are located in the northern half of Oakland County. These District Courts include the Rochester Court, the Novi Court, and the Bloomfield Hills Court.

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