When you’re arrested for a DUI in Michigan, the arresting officer will take your driver’s license and destroy it. This plastic license will be replaced with a temporary permit or a paper license, depending on the circumstances of your arrest. This paper license differs from your regular driver’s license as it lacks your photo but still permits unlimited driving. The police and your attorney will refer to this paper license as a “DI-177.” The title of it is Breath Blood or Urine Report. This is a Michigan Temporary Driving Permit acts as your temporary driver’s license until you’re either convi ..read more

The science shows that the way you blow into an alcohol breath test instrument can significantly impact the test results. Thus, the difference between innocent and guilty can be a simple as bad breath. Breathing patterns can significantly affect the accuracy of alcohol breath test results when using infrared breath test instruments. These instruments, including the Intoxilyzer 9000, are commonly used to estimate blood alcohol concentration (BAC) based on the alcohol content in a person’s breath. However, several factors, including breathing patterns, can introduce inaccuracies into the reading ..read more

If you’ve been arrested for drunk driving in Michgian, you were probably given a breath test. If you have heartburn, then the test result can be wrong, and that’s a big problem. Even a small difference in your breath test reading can be the difference between being charged and being let go. The most serious form of of heartburn is called GERD. (Gastroesophageal Reflux Disease) This kind of heartburn can cause a falsely high reading on a breath test instrument used to measure breath or blood alcohol levels in intoxicated driving cases because of the way alcohol is metabolized and processed in t ..read more

If you are charged with a felony in the state court, then you have a right to a preliminary examination. This hearing will take place after your probable cause conference. Unless waived, this probable cause conference must take place within 14 days of the arraignment. A preliminary examination hearing is a legal process that takes place in the district court before a trial. The judge presiding over the hearing decides whether there is enough evidence to proceed with a trial against the defendant. The main purpose of this hearing is to determine if there is a reasonable belief that the defendan ..read more

Michigan and Federal criminal and Constitutional law provides that when a person is arrested and charged with a crime, they have the opportunity to seek release from custody by posting bail or bond. Your bond and any conditions of your pretrial release will be considered when you are first brought to court for your arraignment. By posting bail, you provide a monetary guarantee that you will attend all future court hearings. If you fail to appear, you risk forfeiting the bail amount. While granting temporary release, the court must also consider public safety. The court does this by imposing co ..read more

Effective immediately, the Intoxilizer 9000 is replacing the DataMaster DMT as Michigan’s new breath test instrument. If you are arrested for DUI in Michigan, the chances are good your breath will be tested on a 9000. If you were over the legal limit, then keep in mind that a top DUI lawyer can beat breath test results in court. However, for a short period of time, both breath alcohol test instruments will be used. Consequently, depending on the date and time of your evidential breath alcohol test, the police may have used the outdated DMT. If this is true in your case, then be sure to hire a ..read more

In the United States, the discovery process in the criminal justice system is governed by federal and state laws and rules of criminal procedure. For example, Federal Rule of Criminal Procedure 16 sets out the requirements for discovery in federal criminal cases. State criminal procedure rules may vary depending on the jurisdiction. In general, the prosecution in a felony case is required to disclose to the defense any evidence or information that is material to the case. This includes witness statements, police reports, crime scene images, forensic reports, expert witness reports, and other d ..read more

When it comes to federal criminal charges, it can be difficult for you to know if you are under investigation. Law enforcement agencies such as the Federal Bureau of Investigations are not required to notify you that you are under investigation. However, there are some signs that may indicate that a person is being targeted by a federal criminal investigation. Law Enforcement Contact The post Top Clues That You Are Under Federal Investigation appeared first on Michigan Criminal Defense Lawyer Blog ..read more

In Michigan, child pornography is called child sexually abusive material or CSAM. This is a serious crime that has serious legal consequences, including possible incarceration and SORA registration. It is important for individuals to be aware of the elements of the crime of CSAM and the various penalty enhancements that can impact the severity of the penalties. It is also important for individuals to understand that law enforcement agencies vigorously enforce these laws to ensure that those who engage in this criminal activity are held accountable for their actions. If you are charged with a v ..read more

Sex crimes in Michigan consist of four degrees of criminal sexual conduct (CSC). Each carries varying levels of severity and potential penalties. The four degrees of CSC are outlined in Michigan’s Penal Code and cover a range of sexual acts, including penetration, touching, and verbal communication. This article will explain the difference between sexual assault and rape. Here is an overview of the four degrees of criminal sexual conduct in Michigan: First-Degree Criminal Sexual Conduct (CSC 1) The post Definition of Criminal Sexual Conduct in Michigan appeared first on Michigan Criminal Defen ..read more