Articles for category Criminal Law

May 08 2012

Probable Cause to bind over to Circuit Court Posted by Rich Migala        0 Comments

Join me on WKZO AM 590 at 10:40 this morning.  I will be talking about the burden of proof required to bind over a criminal defendant to Circuit Court on a felony charge.  It is in the context of the Texas Township chemical dumping case that was dismissed against the defendant by the district court [Read More...]



Tags: beyond a reasonable doubt bind over to circuit court burden of proof felony probable cause
Categories: Criminal Law Miscellaneous

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Apr 25 2012

Judical misconduct, use of employers computer to send pictures Posted by Rich Migala        0 Comments

Being interviewed on WKZO AM 590 in 2 minutes regarding potential judical misconduct.  Tune in to listen.



Categories: Criminal Law Miscellaneous

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Mar 28 2012

Michigan is a stand your ground state for self defense Posted by Rich Migala        0 Comments

Did you know that Michigan, like Florida, is a stand your ground state. Meaning you have no duty to retreat and you are allowed to protect your property as well as your life and the life of others. Michigan allows you to defend yourself up to, and including, the use of deadly force.



Tags: deadly force self defense stand your ground
Categories: Criminal Law Miscellaneous

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Mar 20 2012

Michigan drivers assessment fees are unfair tax on the poor Posted by Rich Migala        0 Comments

I have 2 clients in Kalamazoo whose license have been suspended for 10 years because they couldn't afford to pay the drivers assessment fees. It is sad that the people who can least afford it, are taxed without recourse. Of course they need to be able to drive to work, so they et stopped and [Read More...]



Tags: driving while license suspended DWLS Michigan Drivers Assessment Fees
Categories: Criminal Law Driving Violations

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Feb 27 2012

One misdemeanor conviction can follow you for life Posted by Rich Migala        0 Comments

23 yr old girl called wanting to expunge possession of marijuana conviction. It kept her from getting jobs in medical field, apartments, and even financial aid. This was her one and only misdemeanor conviction. The gift that keeps on giving, a criminal conviction.



Tags: Expunge criminal conviction misdemeanor possession of marijuana
Categories: Criminal Law

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Feb 22 2012

Can you get speeding ticket changed to one with no points on Michigan Drivers License. Yes you can. Posted by Rich Migala        0 Comments

Good day. Client that drives for a living got speeding ticket that could have caused her to be fired. Got it reduced to 5 over on a limited access highway. No points. Job is safe. All is right in the world.



Tags: Speeding 10 over speeding on a limited access highway two points
Categories: Criminal Law Driving Violations

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Feb 16 2012

How to avoid losing license for too many points Posted by Rich Migala        0 Comments

Feeling good after helping HS student with 10 points and restricted license get a 2 point ticket dismissed after accident. Hopefully now his insurance rates won't go up. Was ticketed for going too fast for conditions, violation of basic speed law in Michigan causing accident. I proved he was [Read More...]



Tags: Mixhigan Traffic Benchbook too fast for conditions Violation of basis speed law
Categories: Criminal Law Driving Violations

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Feb 13 2012

Which behavior causes more accidents, texting, drinking, or smoking marijuana? Posted by Rich Migala        0 Comments

Canadian review of accident reports reveal that you are 22 times more likely to get in accident when texting; 13 times more likely after drinking; and, 2 times more likely if you had been smoking pot.  Parents should share this with their driving children.



Tags: drunk driving smoking marijuana and driving texting while driving
Categories: Criminal Law Driving Violations

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Feb 08 2012

Can you video the police when they are encountering someone or making an arrest Posted by Rich Migala        0 Comments

A police officer can video you when they encounter you, did you know you have the right to do the same? People have been arrested and had their videos destroyed for doing so but many courts are dismissing the arrest and the police are being sued in many cases for violating the 1st, 4th and 14th [Read More...]



Tags: first amendment interfering with a police officer resisting and obstructing resisting arrest
Categories: Criminal Law

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Jan 29 2012

The criminal consequences of Sexting; what every parent and student should know Posted by Rich Migala        0 Comments

Join me on WKZO AM 590 at 11:10 tomorrow discussing the Otsego Sexting issue. The criminal consequences, what every parent and student should know. Preempted by president on Friday. Discussing the production, distribution, and possession of child sexually abusive material and the felony or [Read More...]



Tags: distribution felony misdemeanor possession of sexually abusive materials Production sexual offender registry
Categories: Criminal Law

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