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Recent Blog Posts in December 2009

December 31, 2009
  Police Intercept 150 Pounds of Marijuana in Wayne County
Posted By Freedman & Freedman

Last week, Wayne County sheriff’s deputies intercepted 150 pounds of marijuana, leading to the arrest of two men.

Aaron Houston Cook, 20, along with another man in his 20s, was arrested and charged with possession with intent to deliver 45 kilos of marijuana.  

Police received a tip that the two men were trying to ship the drugs in as cargo on a car hauler, and were also told when and where the drop-off was expected to take place.  

In response, Wayne County narcotics officers set up surveillance in a parking lot near North Line Road and I-75.  When the car hauler arrived at the scene, the two men got out of a waiting car and signed paperwork from the driver to take a limousine that he was carrying.

As soon as Cook got behind the wheel, police moved in and recovered 11 tightly packed bundles of marijuana, each about 18 inches long and 8 inches thick.  Investigators believe the street value of the drugs is more than half a million dollars.

Both the vehicle and the marijuana have been confiscated.

Police do not believe the driver of the car hauler was involved.

Charged with a Marijuana Crime?

If you or someone you love has been arrested for a drug crime involving marijuana, it is crucial that you speak with an experienced defense lawyer as soon as possible.  Drug crimes are treated very seriously in both Wayne County and Oakland County, and if arrested you can expect the district attorney to prosecute you to the fullest extent of the law.  When faced with marijuana charges, you need to hire an experienced Michigan criminal defense attorney who can review the facts of your case, assess your charges, and determine which defense strategies would be most effective in helping you win your case. 

At the Law Offices of Freedman & Freedman, we have handled many cases involving illegal marijuana possession, and can ensure you receive the dedicated and aggressive defense you need against your charges.  To schedule a consultation to discuss your case, contact an experienced Michigan drug crimes defense lawyer at the office today or simply click here to fill out a free case evaluation!

Continue reading "Police Intercept 150 Pounds of Marijuana in Wayne County" »

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December 30, 2009
  Are the Stakes Higher for Juvenile Offenders?
Posted By Freedman & Freedman

If your child has been arrested for a crime in Oakland County or Wayne County, it is important to consult an experienced juvenile defense lawyer right away. 

When a minor is arrested for a crime, not only does he or she stand to face numerous legal penalties, but his or her future is also at stake.  If the minor is still in school, a criminal arrest could affect their chances of graduating, getting into college, or finding a good job.  A minor may also be prohibited from participating in extracurricular actives, and could easily get suspended or expelled from school.   And while these may seem minor in comparison to jail or probation, the effect of not getting into college or getting expelled from school could have far reaching consequences on the minor's future.

Juvenile Court System

The system governing juvenile cases is different from the system governing adult criminal cases.  Unlike state or federal court, the juvenile court system focuses more on rehabilitation and counseling.  Rather than simply punishing a juvenile defendant, it is believed that by addressing the minor’s behavior through counseling, and providing him or her with information, education, and treatment, the minor will be less likely to commit another crime in the future.

This is not to say that all juvenile cases will be treated with leniency.  Juvenile court judges are perfectly capable of imposing strict penalties.  And in the most serious cases, the prosecutors can choose to try a minor as an adult, which means he or she will face the same penalties that an adult would face in a similar case.

Contact a Skilled Michigan Juvenile Defense Lawyer!

The best way to ensure your son or daughter’s rights and best interests are protected following a criminal arrest is to hire a Michigan criminal defense attorney who has experience handling juvenile cases.  At the Law Offices of Freedman & Freedman, we have represented many minors throughout Oakland and Wayne Counties facing criminal charges, and have a great deal of experience in the juvenile court system.  If you are interested in learning more about how we can defend your son or daughter against his or her charges, please fill out a free case evaluation form or contact the office directly by calling 1 (877) 858-5297 today!

Continue reading "Are the Stakes Higher for Juvenile Offenders?" »

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December 29, 2009
  What You Should Know About Federal Charges
Posted By Freedman & Freedman

Arrested on federal charges? If so, it is important that you speak with an experienced federal crimes defense lawyer as soon as possible.  Federal crimes are serious offenses that can land you behind bars for years, strip you of your rights, and greatly compromise your future.  To ensure you have the dedicated and aggressive defense you need against your charges, it is best to consult a Michigan federal crimes defense attorney at the Law Offices of Freedman & Freedman right away.

When a person is arrested on criminal charges, his or her case will be heard in either state court or federal court.  Federal charges will be brought against any individual who commits a crime under federal law, or who commits a crime on federal property or against a federal employee.  

Cases heard in federal court are prosecuted by U.S. attorneys working for the federal government.  Not all defense attorneys are licensed to defend people against federal charges, and not all attorneys want to take on federal cases, as they are often much more complex and difficult than those cases held in state court.  

Contact a Federal Criminal Defense Lawyer in Wayne and Oakland Counties!

If you are facing federal charges, hiring an experienced and knowledgeable federal crimes defense lawyer is imperative.  Federal prosecutors basically have unlimited money and resources at their disposal, not to mention the help of the FBI, DEA, and other powerful law enforcement agencies.  You need an attorney who can review the facts of your case, assess your charges, and provide you with a strong, no-nonsense defense.  When faced with federal charges, nothing short of exceptional defense representation will do, and that is exactly what we strive to provide to each and every one of our clients.

If you are interested in learning more about the defense services offered at the Law Offices of Freedman & Freedman, please do not hesitate to contact an experienced Michigan criminal defense lawyer at the office, or click here to fill out a free case evaluation!

Continue reading "What You Should Know About Federal Charges" »

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December 28, 2009
  Two Separate Cases Involving Teenage Robbery
Posted By Freedman & Freedman

Two Oakland County teenagers are in jail for robbing a 55-year-old woman left paralyzed from a stroke.

Dazmon Kittles, 19, and Keywania Weatherspoon, 18, were arrested, charged, and booked in Oakland County jail for allegedly knocking the woman over and mugging her after pretending like they were going to help her get home. 

Both teens have been charged with armed robbery.  They are each being held on $50,000 bond.   

The woman was leaving the Super K Liquor store and on her way back to the Sagano Motel where she was staying when the two boys approached her.  They offered to push her wheelchair back to the motel.

According to Sgt. Steve Troy, the teens pushed her back to the motel, but then tipped her over and robbed her. The teens ran off with a pack of cigarettes, a $6 bottle of vodka, and $10 in cash.

In a separate incident, an 18-year-old Lake Orion High School student has been charged with taking money from a homeowner at knifepoint.

The 67-year-old homeowner told police a person in their late teens rang the doorbell and was looking for someone named Morgan.  As the homeowner was closing the door, the teen forced his way into the home and stole money the homeowner had recently taken out of the bank. The victim also told police the teen was armed with a 6-inch knife.

A police dog was used to track the suspect.  When the police were led to the Waldon Lakes Apartments in Orion Township, the deputies knocked on the door.  When no one answered, they got a key from the apartment manager and found the knife matching the description lying in plain site.  It was taken as evidence.

The teen was eventually found and taken into custody.  He is currently at the Oakland County jail and is awaiting his arraignment for armed robbery charges.

Experienced Criminal Defenders in Michigan

Armed robbery is a serious offense that can result in numerous penalties, including imprisonment, large fines, restitution to the victim, probation, and more.  If you or a loved one has been charged with armed robbery in Oakland County or Wayne County, please do not hesitate to consult an experienced Michigan criminal defense attorney by contacting the Law Offices of Freedman & Freedman today!

Continue reading "Two Separate Cases Involving Teenage Robbery" »

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December 25, 2009
  Search & Seizure Laws in a Drug Case
Posted By Freedman & Freedman

Under the 4th Amendment to the U.S. Constitution, the police cannot conduct a search of you or your property without having a valid search warrant or justifiable cause.  If the police violate your constitutional rights against unlawful searches and seizures, any evidence that was seized during the search will be deemed inadmissible in court, and the prosecution will not be able to use it against you as part of their case.

Charged with a Drug Crime in Oakland or Wayne County?

If you have been arrested for a drug crime, and you think your constitutional rights were violated, it is crucial that you speak with an experienced Michigan drug crime defense attorney at the Law Offices of Freedman & Freedman right away.  If we can prove the police conducted an unlawful search and/or seizure, we can file a motion to suppress the evidence and work aggressively to get your charges reduced to a lesser offense or have the case thrown out completely.  The 4th Amendment has saved countless clients from additional prosecution for a drug offense, and may be an effective defense strategy against your charges as well.

To learn more, please do not hesitate to contact an experienced and dedicated Michigan drug defense lawyer at our office today by filling out a free case evaluation or by calling 1 (888) 252-8582. We look forward to defending you and helping you fight your charges!

Continue reading "Search & Seizure Laws in a Drug Case" »

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December 24, 2009
  Penalties for Theft Crimes
Posted By Freedman & Freedman

All theft crimes are classified as either petty theft or grand theft.  When faced with theft charges, knowing whether you are charged with petty theft or grand theft will give you an idea as to what type of penalties you are facing.  Petty theft is a misdemeanor crime, and refers to those cases in which the value of the stolen goods is low, usually below $200.  On the other hand, grand theft is a felony offense, and includes those theft cases in which the value of the stolen goods is very high. 

If you have been arrested on theft charges, you can expect to face the following penalties based on the value of the stolen goods:

  • $1-$200: up to 93 days in jail; up to $500 in fines
  • $200-$999: up to 1 year in jail; up to $2,000 in fines
  • $1,000-$19,999: up to 5 years in prison; up to $10,000 in fines
  • $20,000 or more: up to 10 years in prison; up to $15,000 in fines

In addition to these penalties you could also be sentenced to probation, restitution to the victim, community service, and more.

Experienced Theft Defense Lawyers Serving Oakland & Wayne Counties

To increase your chances of avoiding a theft crimes conviction, it is necessary to have experienced and dedicated legal counsel representing your case.  At the Law Offices of Freedman & Freedman, your case will be handled by a Michigan criminal defense attorney who has vast experience in Michigan criminal law, and who has handled a variety of different theft crimes cases.  If you are in need of aggressive defense services, please do not hesitate to fill out a free case evaluation or click here to contact a Michigan criminal defense lawyer at our office today. We look forward to using our knowledge, experience, and resources to help you fight your charges!

Continue reading "Penalties for Theft Crimes " »

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December 23, 2009
  The Hate Crimes Prevention Act
Posted By Freedman & Freedman

On October 28, 2009, President Obama signed the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act into law. This law, also referred to as the Mathew Shepard Act or the Hate Crimes Prevention Act (HCPA), expends the current federal hate crimes law to include crimes motivated by the victim’s actual or perceived gender, sexual orientation, or disability.

Under the previous hate crimes law from 1969, hate crimes were defined as only those crimes motivated by race, color, national origin, and religion.  Now, under the Hate Crimes Prevention Act, the Department of Justice can prosecute hate crimes motivated by sexual orientation, gender, and disability as well.

 

Examples of Hate Crimes

A hate crime is considered any crime that is committed against a person because of his or her race, national origin, religion, color, gender, sexual orientation, or disability.  Examples of hate crimes include:

Contact a Dedicated Michigan Criminal Defense Attorney

If you have been accused of committing a hate crime in Oakland County or Wayne County, it is imperative that you contact an experienced and aggressive Michigan criminal defense lawyer at the Law Offices of Freedman & Freedman right away.  Under the Hate Crimes Prevention Act, you could be sentenced to up to a lifetime in prison for the most serious charges, so it is important that you do not underestimate the seriousness of your situation.  Should you choose to work with a criminal defense attorney at our office, you can trust us to work diligently in defending your rights and helping you beat your charges to avoid a life-altering conviction.

To learn more about the defense services offered at firm, please do not hesitate to contact the Law Offices of Freedman & Freedman today!

Continue reading "The Hate Crimes Prevention Act" »

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December 22, 2009
  Teens and Prescription Drug Abuse
Posted By Freedman & Freedman

A study conducted by the University of Michigan for the federal National Institute on Drug Abuse found that seven of the 10 drugs abused most by high school seniors are prescription or over-the-counter drugs.  Many of these drugs were acquired by the teens’ friends or relatives, but some were purchased at local drug stores or pharmacies.

Clare Kavin, executive director of the Waismann Method, a drug treatment program, is not surprised by the study’s findings.

“Teens are under the impression that pills are the best way to treat any mental, physical, or social issues,” said Kavin. “They have been taught to take a pill to lose weight, to treat acne, to fall asleep, and to focus better in school.”

Oakland & Wayne County Criminal Defense Attorneys

Under Michigan law, it is a crime to use prescription or over-the-counter drugs for illegal purposes.  This includes selling these types of drugs without a license, buying these drugs without a valid prescription, buying these drugs and manufacturing them into illegal drugs, using another person’s identity to obtain a prescription drug, and trying to buy multiple quantities of the same drug at different pharmacies or drug stores.  It is also a crime to drive under the influence of a prescription or over-the-counter drug if the drug affects the driver’s ability to safely operate the vehicle.

When to Call a Defense Lawyer

If your child has been arrested for the unlawful use or consumption of a prescription or over-the-counter drug, you should take a moment to consult a Michigan criminal defense attorney at the Law Offices of Freedman & Freedman.  We have been practicing criminal defense since the early 1980s, and are very familiar with both state and federal drug crime laws and how they apply to minors.  You can trust our dedicated legal team to work diligently on your son or daughter’s behalf, and do everything possible to get their charges reduced or thrown out completely.

For more information about our services, qualifications, and experience, please contact a skilled Michigan criminal defense lawyer at Freedman & Freedman today!

Continue reading "Teens and Prescription Drug Abuse" »

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December 21, 2009
  Pleading “No Contest” v. Pleading “Guilty”
Posted By Freedman & Freedman

Many people are confused as to what the difference is between pleading no contest and pleading guilty. When a person pleads guilty to criminal charges, they are admitting guilt for the crime they have been accused of committing.  When a defendant pleads no contest, they are neither admitting nor denying they have committed a crime. 

When to Plead No Contest

There are times when pleading no contest will work to the defendant’s advantage.  For example, if a defendant could face a civil lawsuit, he or she may wish to plead no contest.  If they were to plead guilty to the charges, their admission could be used as evidence in a civil trial and hurt their chances of avoiding liability in a civil lawsuit.  A good example of where this situation would apply is if someone were charged with causing a DUI accident that resulted in death.  If the defendant were to plead guilty to the DUI and vehicular manslaughter charges, the victim’s family could use that admission as evidence against the defendant in a wrongful death lawsuit.

Experienced Criminal Defense in Wayne County and Oakland County, MI

There are other situations in which a defendant may benefit from pleading no contest versus pleading guilty. If you have been charged with a crime in Oakland County or Wayne County, it’s to your advantage to speak with an experienced Michigan criminal defense lawyer at our office right away.  With almost two decades of experience, we can provide you with trusted advice and guidance following a criminal arrest.  Should you choose to retain our services, we can review the facts of your case to determine how you should plead to the charges. We genuinely care about your best interest, and are committed to doing everything we can to obtain the best possible outcome for your case.

To schedule a consultation to discuss your case, please fill out a free case evaluation form or click here to contact a Michigan criminal defense attorney at the Law Offices of Freedman & Freedman today!

Continue reading "Pleading “No Contest” v. Pleading “Guilty”" »

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December 18, 2009
  Why Commercial Drivers Should Hire an Attorney
Posted By Freedman & Freedman

Of all drivers, commercial drivers have the most at stake following a DUI arrest or a traffic citation.  Not only are the commercial driving laws stricter than the traffic laws pertaining regular drivers, but the consequences of a DUI or traffic offense are much greater for a commercial driver.  For example, a regular driver will be arrested for OWI or DUI if his or her BAC is .08 percent or higher.  Commercial drivers can be charged with DUI or OWI with a BAC level as low as .04 percent.

If you are a commercial driver and you have been arrested on DUI/OWI charges or ticketed for a traffic violation, it is imperative that you seek experienced defense representation right away.  If you lose your driver’s license not only will you no longer be able to drive, but you will also no longer be able to work.  Naturally, this will have a direct effect on your ability to support yourself and your loved ones.

Experienced Michigan Traffic Ticket Defense Lawyers

At the Law Offices of Freedman & Freedman, we have experience defending commercial drivers against a variety of different traffic offenses, including:

Even a minor traffic offense, such as speeding, can result in points assessed to your driving record.  The more points you accumulate on your record, the closer you will be to having the state suspend or revoke your commercial driver’s license.  Furthermore, having a traffic ticket or arrest on your record can make it difficult to find another driving job in the future.

Protect your driving privileges by contacting an experienced Michigan traffic ticket attorney at the Law Offices of Freedman & Freedman today!

Continue reading "Why Commercial Drivers Should Hire an Attorney" »

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December 17, 2009
  What You Need to Know About the DMV Hearing
Posted By Freedman & Freedman

When a person is suspected of DUI or OWI, the police will ask them to submit to a breath or blood test.  If a driver refuses to submit to either of these tests, then his or her driver’s license will automatically be confiscated, resulting in a one-year suspension.

Drivers have the opportunity to contest the suspension of their license at an administrative hearing.  However, a driver only has 14 days to schedule this hearing.  Failure to schedule and appear at a hearing will result in the loss of one’s driver’s license.

Contact an Experienced Michigan DUI Lawyer

It is very important that you take the opportunity to contest the suspension of your driver’s license.  At the Law Offices of Freedman & Freedman, we have a great deal of DUI defense experience, and have represented clients throughout Oakland County and Wayne County at their DMV hearing.  We can help you fight the suspension of your driver’s license and provide you with the aggressive defense needed to resolve your case successfully. If your license has already been suspended, we urge you to still contact our office, as we can help you apply for a hardship license or a restricted license. 

Not having a driver’s license is very inconvenient. Avoid the headache and hassle of losing your driver’s license by contacting an experienced Michigan DUI attorney at the Law Offices of Freedman & Freedman. We are committed to doing everything we can to help you keep your driving privileges!

Contact the Law Offices of Freedman & Freedman today to discuss your DUI or OWI case!

Continue reading "What You Need to Know About the DMV Hearing" »

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December 16, 2009
  Accumulating Too Many Points on Your Driving Record
Posted By Freedman & Freedman

Have you received a traffic ticket? If so, it's to your advantage to fight your ticket with the help of an experienced Michigan traffic ticket lawyer at the Law Offices of Freedman & Freedman. Failing to fight your traffic ticket can result in points being assessed to your driving record.  It is very important that you do not allow points to accumulate on your record.  Having too many points on your driving record can result in the suspension or revocation of your driver’s license and increased insurance premiums.

The following outline will give you an idea of how many points you can expect to receive depending on the offense you have been ticketed for:

Six Points:

Five Points:

  • Drag racing
  • Operating while visibly impaired
  • Underage DUI
  • Driving 16 MPH or more over the speed limit
  • Failure to yield to an emergency vehicle

Three Points:

  • Careless driving
  • Disobeying a traffic signal or stop sign
  • Improper passing
  • Failure to stop at a railroad crossing
  • Failure to stop for a school bus or failure to obey a school crossing guard
  • Driving 11-15 MPH over the speed limit

Two Points:

  • Driving 10 MPH or less over the speed limit
  • Having an open container of alcohol in the car
  • All other moving violations
  • Refusing a breath test (by a person under the age of 21)

Once you have accumulated 12 points within in a two year period, your license can be revoked. At Law Offices of Freedman & Freedman, we have a great deal of experience helping clients throughout Wayne County and Oakland County fight their traffic tickets.  If you have received a traffic ticket, we urge you to contact our office for help.  Do not settle for simply paying the fine and attending traffic school, as this is essentially the same as pleading guilty. A knowledgeable Michigan traffic ticket attorney at our office can inform you of the various ways we can help you fight your ticket to avoid having points assessed to your driving record.

To learn more about our services, please contact the Law Offices of Freedman & Freedman today or click here to fill out a free case evaluation form.

Continue reading "Accumulating Too Many Points on Your Driving Record" »

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December 15, 2009
  Hiring a Criminal Defense Attorney Versus a Public Defender
Posted By Freedman & Freedman

If you have been arrested for a crime in Wayne or Oakland County, you'll need to decide whether to hire a private criminal defense lawyer or a public defender to defend your case.

Although a public defender is a free service offered by the government, you should strongly consider the benefits of hiring a private criminal defense attorney at the Law Offices of Freedman & Freedman.  Public defenders are often burdened with more work than they can feasibly handle. The county will pile case upon case until a public defender is swimming in cases to defend.  For this reason, public defenders often do not have the same amount time to devote to a case the same way private criminal lawyers do. This means less attention to detail, and ultimately less time the public defender has to spend finding ways to get your charges reduced or dismissed.

At Freedman & Freedman, we control the amount of criminal cases we accept, and never take on more work than we can handle.  We prefer to work this way, so that we can devote 100% of our time, energy, and resources to providing our clients with best defense possible.  Not only do we work hard in collecting evidence and testimony, but we also take the time to thoroughly review police reports to determine whether or not our client’s constitutional rights were violated.  Furthermore, before heading to trial we always spend a great deal of time preparing our arguments and finding the strategies we feel would be most effective in defending our clients.  In addition, we make ourselves available at all times to answer our clients’ questions, address their concerns, and provide them with much needed advice and guidance.

If you are facing criminal charges in Oakland or Wayne County, you can trust an experienced Michigan criminal defense attorney at the Law Offices of Freedman & Freedman to aggressively defend you throughout the criminal process.  To schedule a consultation to discuss your case, please fill out a free case evaluation or click here to contact the office today!

Continue reading "Hiring a Criminal Defense Attorney Versus a Public Defender" »

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December 14, 2009
  Teacher Sentenced in Oakland County Sexting Case
Posted By Freedman & Freedman

Simonson, who worked as a special education teacher at the school, was accused of sending inappropriate text messages to a cognitively impaired boy.  Simonson exchanged approximately 50 text messages with the student, which became more and more sexual.  She also sent a nude picture of herself.

According the article from the Oakland Press, Simonson and the student never had physical contact, and never spoke to each other in person or on the telephone—all of their communication was strictly through text messaging.

Officials were notified about the exchange after the student’s foster parent brought the photo and text messages to the attention of deputies at the Independence Township substation in June.

Articles about sexting between teenagers have been popping up left and right, however this is one of the first cases involving sexting between a teacher and a student.

Sexting is a term used to describe sexually suggestive messages or pictures sent through text messaging.

If you are facing criminal charges for sexting in Oakland County or Wayne County, it is important to contact an experienced Michigan criminal defense attorney at Freedman & Freedman today!  The last thing you want is a sex crimes conviction on your record or to have to register as a sex offender.

Contact the Law Offices of Freedman & Freedman today!

 

Continue reading "Teacher Sentenced in Oakland County Sexting Case" »

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December 11, 2009
  Felony v. Misdemeanor Crimes
Posted By Freedman & Freedman

Charged with a crime in Oakland County or Wayne County? If so, it important to understand the degree of your charges and how that defines the types of penalties you will face.

All crimes are categorized as felonies or misdemeanors.  Misdemeanors are the lesser offenses, and are typically punishable by no more than 1 year in county jail and up to $1,000 in fines.  A misdemeanor conviction can also result in community service, probation, driver’s license suspension, and court-ordered counseling, rehabilitation, or treatment.

Felonies are the more serious offenses, and are broken down by degree:  first degree felony, second degree felony, and third degree felony, with first degree felonies being the most serious of all crimes.  Felonies are punishable by at least one year in state prison and no less than $1,000 in fines, however, the penalties are usually much harsher.

At the Law Offices of Freedman & Freedman, we offer experienced criminal defense representation against both felony and misdemeanor crimes, such as:

Contact a Michigan Criminal Defense Lawyer Today!

Regardless of whether you are facing misdemeanor charges or felony charges, your case requires the attention of a skilled Michigan criminal defense attorney.  Needless to say, felony charges are a serious matter that must be address by an experienced and aggressive attorney.  But that is not to undermine the importance of hiring an attorney if you have been charged with a misdemeanor. When it comes down to it, you are facing criminal charges, and without proper defense representation, you could become a convicted criminal.

With your rights, freedom, and future at stake, be sure to obtain the dedicated criminal defense you need.  Contact a Michigan criminal defense lawyer at the Law Offices of Freedman & Freedman for experienced defense representation in Oakland County and Wayne County.

Continue reading "Felony v. Misdemeanor Crimes" »

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December 10, 2009
  Do I Really Need to Hire a Traffic Ticket Attorney?
Posted By Freedman & Freedman

Have you been issued a traffic ticket? Are you wondering whether it’s worth the money to hire a traffic ticket defense attorney? If so, you’re not alone.

Many people aren’t aware of the value of hiring an experienced attorney to help you fight your traffic ticket.  Many people assume they should just pay the court fee and attend traffic school.  While this is an option, simply paying the ticket is essentially admitting guilt.  This can result in points assessed to your driving record, fines, increased insurance costs, and more. Furthermore, if you accumulate too many points on your driving record within a certain amount of time, your driver’s license will be suspended.

 

Fight Your Michigan Traffic Ticket Today!

Do not settle for simply paying the ticket. At the Law Offices of Freedman & Freedman, an experienced Michigan traffic ticket lawyer can help you fight your ticket or citation.  Whether you have received a ticket for an infraction, such as speeding, or you are facing more serious traffic charges, such as DUI or hit & run, you can find the experienced and aggressive defense you need at the Law Offices of Freedman & Freedman.  Not only do we strive to provide our clients with a superior level of service, we also offer services at an affordable rate. We understand times are tough, and want to ensure that people can obtain quality legal counsel even in a poor economy.

If you are interested in fighting your traffic citation with a dedicated Michigan traffic ticket attorney at our office, please contact Freedman & Freedman today! We serve clients throughout Troy, Warren, Ferndale, Sterling Heights, Rochester Hills, Farmington Hills, and the surrounding areas in Oakland and Wayne Counties, Michigan.

Continue reading "Do I Really Need to Hire a Traffic Ticket Attorney?" »

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December 09, 2009
  Court Rules: Police Can’t Force Minors to Submit to Breath Test if They Weren’t Driving
Posted By Freedman & Freedman

A state court of appeals has ruled that it is unconstitutional for police to force a minor to submit to a breathalyzer test if he or she is not driving. If the police wish to conduct a breathalyzer test, they must get the minor’s consent or obtain a valid search warrant.

Although minors suspected of being in possession of alcohol now have the right to refuse a breath test without fear of legal repercussion, police say they often do not need to conduct a breath test, as there is typically enough evidence to justify an arrest.

“Most of the time the evidence is right in their hands. We will offer (the test) but we don’t push them to take it, and we don’t need it to issue a citation,” said Lt. Steve Kempker of the Ottawa County Sheriff’s Department.

Police claim there are other ways they can determine whether an underage person has been drinking.  Blood shot eyes, slurred speech, scent of alcohol on the breath, and staggering are all signs of intoxication.

Michigan Criminal Defense Lawyers Here to Help You!

If you or your child has been arrested on Minor in Possession charges after submitting to a breathalyzer test, you should consider contacting a Michigan criminal defense attorney at the Law Offices of Freedman & Freedman. We have a great deal of criminal defense experience, and have represented many clients throughout Wayne County and Oakland County facing alcohol related charges.  Should you retain our services, we can ensure your constitutional rights were not violated, and provide you with the aggressive defense you need to tackle your charges head-on in an effort to get them reduced or dismissed completely.

To schedule a consultation to discuss your case, please contact a Michigan criminal defense lawyer at the Law Offices of Freedman & Freedman today!

Continue reading "Court Rules: Police Can’t Force Minors to Submit to Breath Test if They Weren’t Driving" »

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December 08, 2009
  Lawmakers Want Tougher Penalties for Child Sexual Abuse
Posted By Freedman & Freedman

Lawmakers in Michigan want to increase the penalties for those convicted of child sexual abuse, in particular those who have been charged with a child pornography related crime.

The proposed legislation would toughen the sentencing guidelines of those convicted of child pornography.  The more images found stored on a computer, the longer the jail or prison sentence.

According to Children’s Protective Services of the Michigan Department of Human Services, there were almost 29,640 cases of child abuse or neglect between October 1, 2007 and September 20, 2008.  This indicates a 4.6 percent increase from the year before.  Furthermore, the Michigan Children’s Fund said it received more than 337 child abuse or neglect complaints EVERY DAY in 2008.

Another study by the National Center for Missing and Exploited Children found that 40 percent of those arrested for child pornography had not only possessed child pornography, but had also sexually victimized the child, making them a dual offender.

The bill is pending in the House Judiciary Committee.

Aggressive Defense in Oakland County & Wayne County, Michigan

Have you been accused of child sexual abuse or child pornography? If so, it is imperative that you speak with an experienced Michigan sex crimes attorney at the Law Offices of Freedman & Freedman right away.  Do not underestimate the seriousness of your situation.  Child sexual abuse and child pornography are both felony offenses, which means that if you are found guilty you will be sentenced to years in state prison.  Protect your rights and future by contacting an aggressive Michigan criminal defense lawyer at our firm. We can ensure you are provided with the unwavering defense needed to increase your chances of winning your case.

Interested in learning more about our defense services? Contact a Michigan criminal defense attorney at the Law Offices of Freedman & Freedman today!

Continue reading "Lawmakers Want Tougher Penalties for Child Sexual Abuse " »

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December 07, 2009
  Ankle Monitoring Devices & Drunk Driving
Posted By Freedman & Freedman

Has the troubled economy made the government desperate for ways to cut costs? Some people would say so.  And one way they are doing it is by using advanced technologies to monitor people accused of drunk driving.

When a driver is arrested for OWI or DUI in Oakland County, Wayne County, or anywhere else in Michigan, he or she may be ordered to wear an ankle monitoring device.  This device allows law enforcement officials to track drunk driving offenders 24 hours a day, seven days a week, without the state having to cover the cost of incarceration in jail or prison.  Instead, the offender pays a small fee (typically anywhere from $12 to $20 a day), and law enforcement officials can track when the offender consumes alcohol.

The device, which is attached to the offender’s ankle, works by measuring the offender’s perspiration at least every hour, if not every half an hour. The device can sense alcohol if it is released when the body perspires. The data is automatically computed and sent to a database where a law enforcement agent will be notified if the offender consumes alcohol.

Ankles Monitoring Devices – Not Always Accurate

While these devices may seem error-proof, the truth is they’re not.  If you have been ordered to wear an ankle monitoring device after getting arrested for OWI or DUI in Oakland County or Wayne County, you need to contact an experienced Michigan OWI DUI attorney at the Law Offices of Freedman & Freedman.  There have been many instances in which these devices have given a false positive reading, when in fact the offender hadn’t been drinking at all.  In fact, when a false positive reading occurred in Michigan, a judge went on record to state that these devices were unreliable.

Whether you have just been arrested for drunk driving, or if you have already been convicted and have been ordered to wear an ankle monitoring device, you can depend on a Michigan OWI DUI lawyer at Freedman & Freedman to provide you with the aggressive defense you need at this time.

For more information, please contact a Michigan DUI attorney at our office or click here to visit our OWI/DUI website.

Continue reading "Ankle Monitoring Devices & Drunk Driving" »

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December 06, 2009
  PROPOSED BANS ON TEXTING WHILE DRIVING - INFRINGEMENT ON PERSONAL FREEDOM OR ARE WE PUTTING LIVES AT RISK?
Posted By Freedman & Freedman
As a whole, it seems that our national thirst for the latest and fastest technology gizmos cannot be quenched.  We want information at our fingertips - and our ability to text, e-mail and even search the internet at high speed on small, portable handheld devices has introduced us to an era of seemingly endless streams of information across the globe.  It is now commonplace to see individuals in "face down" mode as they intently mash the tiny keyboards on their cell phones, iphones and blackberries to text and e-mail everyone and anyone they know.  Okay, fair enough.  We've become slaves to these tiny devices....but this begs the real question - is it really okay to do this WHILE DRIVING?

THE NATIONAL GOVERNMENT RESPONSE

Around the country, the resounding government response is - absolutely not.  As we speak, Democratic lawmakers are seeking a National Texting Ban.  This recently introduced legislation calls for states to ban texting while driving or face cuts in highway funds.  Why?  They cite the need to reduce driver distraction and the potential highway deaths and injuries.  In fact, 14 states, as well as the District of Columbia, have already passed laws that outlaw texting while driving. 

But does everyone share this view?  Not entirely.  The Governors Highway Safety Association, for example, which represents state highway safety agencies, said it does not doubt the dangers of texting and driving but it actually does not support a ban because it would be difficult to enforce.  Morever, Steve Largent, a former Oklahoma congressman who leads CTIA - The Wireless Association, said his organization actually supports "state legislative remedies to solve this issue.  But simply passing a law will not change behavior....we also need to educate new and experienced drivers on the dangers of taking their eyes off the road and hands off the wheel." 

But what about the studies - what do they say?  In a recent study released by the Virginia Truck Institute, for example, it was found that when drivers of heavy trucks texted, their collision risk was 23 times greater.  Dialing a cell phone or using and reaching for an electronic device increased the risk of collision about six times in cars and trucks.  Many other studies mirror these results.  

SO WHERE DOES MICHIGAN STAND? 

On December 4, 2008, by a 68-32 vote, lawmakers in the Michigan House of Representatives approved legislation which could potentially ban drivers from text messaging on the roadways, except when reporting accidents or crimes.  The bill, known as Senate Bill 0402, was sent to the Senate for approval but was referred to the Committee on Transportation on March 24, 2009 and currently appears - albeit only momentarily - stalled.  Lawmakers in support of the texting ban say it is aimed at improving personal safety on Michigan roadways, but those opposed say it infringes on personal freedom and introduces too much governmental controls. 

WHAT DOES THE FUTURE HOLD?

Whatever your personal point of view on this issue, it is hard to dispute that statistically clear evidence exists that texting while driving has caused an increase in collisions and serious injury accidents throughout the country.  This could also result in increased civil liability and criminal prosecution should serious injury result.  As a consequence, aggressive legislative action, both here in Michigan, and across the nation, will soon be put in place to curb this activity on some level. 

Whether these traffic laws are enforceable is largely debatable.  What cannot be questioned, however, is that these traffic laws will likely become yet another weapon in the arsenal for law enforcement to crack down on perceived poor driving across the board.  As with any traffic law on the books, there remains the grave potential for widespread abuse by rogue law enforcement personnel attempting to enforce it.  Without question, local municipalities have been steadily "ramping up" the number of citations being written in the Detroit Metropolitan area as a means to combat ongoing budgetary and financial shortfalls.  As a result of these financial pressures, new laws may be introduced with "good" intentions but may contain such vague language as to be subject to wide range and biased interpretation...and, resulting abuse. 

Stay tuned.

Please feel free to contact a Michigan traffic ticket lawyer at our office at any time and visit our firm for updates on Michigan laws, including greater information regarding traffic ticket defense, and the many other legal services available through our firm.

Have a great week!
Continue reading "PROPOSED BANS ON TEXTING WHILE DRIVING - INFRINGEMENT ON PERSONAL FREEDOM OR ARE WE PUTTING LIVES AT RISK?" »

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December 05, 2009
  TRAFFIC TICKETS ON THE RISE IN A WEAK ECONOMY - WHEN LOCAL REVENUE FALLS, TRAFFIC CITATIONS GO UP!
Posted By Freedman & Freedman
A new study published earlier this year in the Journal of Law and Economics finds statistical evidence that local governments use traffic citations to make up for revenue shortfalls.  The study authors, Thomas Garrett, assistant vice president at the Federal Reserve Bank of St. Louis and Gary Wagner from the University of Arkansas Little Rock remarked that "there is ample anecdotal evidence that local governments use traffic tickets as a means of generating revenue....[o]ur paper provides the first empirical evidence to support this view." Journal of Economics, 52:1, Feb. 2009.

FINDINGS NOT MUCH OF A SURPRISE

But should we really be surprised by these findings?  Of course not.  The research for this study was actually developed as part of a "working paper series" in August of 2006 - a full two (2) years before our current economic recession.  In fact, upon release of the original statistics for this research study, I was quoted as saying in a widely circulated press release at that time that "This is the first study I know of that actually uses real-world data to show a direct statistical correlation between traffic ticket citations and declining municipal revenue sources.....I've seen anecdotal evidence of this tendency over the 13 years I've been fighting traffic tickets, but the new FRB research provides the first hard and credible data for this practice." www.prweb.com/releases/2006/10/prweb448680.htm.

MORE EVIDENCE OF TO SUPPORT THE TRUTH

Bottom line?  Hold onto your wallet because when local revenue falls, traffic tickets go up.  And since many municipalities are allowed to keep fines generated by traffic tickets for offenses occurring in their jurisdiction, these cities have quite an incentive, independent of any public safety motive, to write traffic tickets as a means of increasing revenue.  Still don't believe it to be true?  Then ponder these interesting examples.  After a decrease in the number of traffic tickets issued in Milwaukee, Wisconsin several years ago, once city official expressed concern stating that "traffic tickets provide much needed revenue" (Milwaukee Journal Sentinel 2001).   In 2005, Washington D.C. Mayor Anthony Williams urged the City Council to continue of the city's traffic camera program referring to the city's "urgent need" to collect revenue from the program. (The Washington Times, 2005).  In May of 2006, Nashville Mayor Bill Purcell actually included a 33 percent increase in traffic ticket revenue in his proposed budget (Tennessean 2006). Without a doubt, these examples, and the research from Garrett and Wagner, provide ample anecdotal evidence that local government uses traffic tickets as a means of generating revenue, implying that traffic law enforcement may be motivated by political interests as well as public safety concerns.

HARSH PENALTIES IN MICHIGAN FOR CIVIL INFRACTIONS

In Michigan, however, the implications of receiving a traffic ticket may actually be much more harmful than one tends to initially recognize.  First, most moving violations in Michigan carry "points" which automatically abstract onto your master driving record with the Michigan Secretary of State and remain present for a full two (2) years.  Even though these points do disappear from your driving record after the two (2) years has run, most people do not realize that the actual infractions from the traffic ticket actually remain visible on your driving record for a full seven (7) years.  Further, if you have the misfortune of accumulating just six (6) points from traffic tickets during any two (2) year period, the Michigan Secretary of State does have the discretion to either restrict, or even suspend, your driver's license.  Moreover, if you have the misfortune of attaining seven (7) points or higher, you will then be subjected to Michigan's "bad driver tax" otherwise known as The Driver's Responsibility Fee.  This is the "ultimate revenue generating machine" developed and deployed by the Michigan Secretary of State.  But the whack to your wallet doesn't end there.  Unfortunately, each time you accumulate points on your master driving record, they become visible to your automobile insurance carrier.  These insurance carriers maintain their own internal rating systems for calculating your ever rising auto insurance premiums which, not surprisingly, is based in large part upon your current driving record.  Without question, as you accumulate points, your insurance premiums will absolutely skyrocket - with evidence that increases often occur as high as 30%.

SOME TRAFFIC TICKETS ARE MISDEMEANORS WITH MORE SERIOUS CONSEQUENCES. 

But it can even get worse.  In Michigan, some traffic tickets, such as Failure to Yield to an Emergency Responder, Driving While License Suspended, Expired Plates, Drag RacingReckless Driving or even No Operator's License on Person, are actually considered criminal misdemeanors, which not only carry significant points and fines, but are punishable by up to 90 days in jail.  These types of misdemeanors can have vast negative implications for your future if not dealt with aggressively and appropriately.

MORE INFORMATION

Without question, if you are dealing with either a simple traffic ticket, or more complex criminal misdemeanor, you should contact an experienced and specialized firm as soon as possible to advise you of your legal options.  We not only specialize in the defense of traffic tickets and criminal misdemeanor matters, but we also have the vast experience necessary to obtain optimal results on your behalf.

If you have recieved a traffic ticket or have been arrested for committing a traffic violation, please do not hesitate to contact an experienced Michigan traffic ticket attorney at the Law Offices of Freedman & Freedman today!
Continue reading "TRAFFIC TICKETS ON THE RISE IN A WEAK ECONOMY - WHEN LOCAL REVENUE FALLS, TRAFFIC CITATIONS GO UP!" »

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December 04, 2009
  Rate of Female DUI Arrests Has Increased
Posted By Freedman & Freedman

DUI arrests involving women has gone up almost 30% since 2007, a trend that is not lost on female celebrities. Over the past few years, countless female celebrities have been arrested on suspicion of DUI, and if we had to guess, we would say the rate of celebrity women arrested for DUI will not be going down anytime soon.

The following is a list of some of the more recent DUI arrests involving some of Hollywood’s leading ladies:

  • Heather Locklear: arrested in 2007 on suspicion of DUI in Santa Barbara, California.  Locklear pled guilty to reckless driving, a lesser offense.  After paying a $700 fine she was ordered to attend a 12-hour drug education program. She was also sentenced to three years probation.
  • Lindsay Lohan:  Lohan was arrested in 2007, and pled no contest to driving under the influence. She was sentenced to three years probation, 10 days of community service, 30 days in drug rehab, and an 18-month alcohol education program. Because Lohan did not complete her treatment program, a judge in Beverly Hills recently extended her probation.
  • Joyce Dewitt: Dewitt was arrested in 2009 on suspicion of DUI after police could smell alcohol on her breath.  Dewitt was later released after posting $5000 bail.
  • Other female celebrities that have been arrested on DUI charges in recent years include Mischa Barton, Nicole Richie, Paris Hilton, Vivica A. Fox, Alexandra Kerry (Senator John Kerry’s daughter), and reality TV star Shayne Lamas.

It is unclear why the rate of DUI arrests among women has gone up.  But one thing is for certain: these female celebrities are not setting a good example for the millions of impressionable girls that look up to them.

Contact an Aggressive Michigan DUI Defense Attorney

If you have been arrested on DUI charges in Wayne County or Oakland County, it is important to contact a lawyer as soon as possible.  You live in the real world, which means you will not get off as easily as these celebrities.  At the Law Offices of Freedman & Freedman, you can depend on an experienced Michigan DUI OWI lawyer to defend you against your charges and put up an aggressive fight that is sure to increase your chances of beating your charges! 

For dedicated service and representation, contact the Law Offices of Freedman & Freedman today!

Continue reading "Rate of Female DUI Arrests Has Increased" »

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December 03, 2009
  Attorneys Band Together to Stop Jail Sentences for MIP Probation Violations
Posted By Freedman & Freedman

Have you been arrested for Minor in Possession (MIP) of alcohol in the past?  Have you recently been charged with violating your probation? If so, it is crucial that you speak with an experienced Michigan criminal defense attorney at the Law Offices of Freedman & Freedman right away.

Criminal defense attorneys in Oakland County and Genesse County have found that many of their MIP clients were sentenced to jail after pleading guilty to a probation violation. This is troubling, especially because Michigan law prohibits jail sentences for minors that plead guilty to possession of alcohol.

Judges have gotten away with incarcerating minors by claiming anyone who violates their probation has committed "contemptable conduct," a misdemeanor offense that warrants up to 93 days in jail.  In some cases, judges just blatantly ignore the law, simply tossing probation violation offenders in jail despite protests from their attorneys.

In reaction to this injustice, members of the Criminal Defense Association of Michigan have begun to organize a coordinated defense against the wrongful jailings.

Experienced Michigan Criminal Defense Lawyers

If you or a loved one has been incarcerated for a probation violation, it is important to find an experienced Oakland County criminal defense lawyer who can stand up for your rights, provide you with an aggressive defense, and help you appeal the judge’s decision.  At the Law Offices of Freedman & Freedman, we have defended many clients throughout Oakland and Wayne Counties, and are devoted to providing our clients with the superior defense they need to avoid jail time and other serious penalties.

Contact the Law Offices of Freedman & Freedman today!

 

Continue reading "Attorneys Band Together to Stop Jail Sentences for MIP Probation Violations" »

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December 02, 2009
  Understanding the Michigan Medical Marihuana Act
Posted By Freedman & Freedman

Last November, Michigan legalized the use of marihuana for medicinal purposes, thus enacting the Michigan Medical Marihuana Act (MMA).  The purpose of this blog is to clear up any confusion or misunderstanding readers may have about the year-old legislation:

  • Under MMA, the cultivation and possession of marihuana can be used for the purpose of treating a debilitating medical condition.  A “debilitating medical condition” is defined as cancer, glaucoma, HIV, hepatitis C, and any other disease, condition, or chronic illness that is associated with nausea and pain.

  • A “caregiver” is defined as the person who has agreed to assist with the patient’s use of medicinal marihuana.  This person must at least 21 years old and must not have ever been convicted of a felony involving illegal drugs.

  • To qualify for medical marihuana, a patient must be diagnosed with having a debilitating medical condition by a licensed physician.

  • All patients and caregivers must possess a “registry identification card” issued by the Department of Community Health.

  • Patients can legally possess 2.5 ounces of smokeable pot or less and caregivers can legally maintain up to 12 plants per patient without being arrested or prosecuted. Stems, seeks and unusable roots do not count towards the plant limitation.

  • Physicians are also immune from arrest and criminal prosecution as long as they can prove a legitimate physician-patient relationship exists, and that they have certified the patient’s need for the drug.  They must also conduct an assessment of the patient’s medical history.

  • Pursuant to the 2003 Supreme Court ruling in Conant vs. Walters, a physician cannot prescribe medical marihuana, but he or she can recommend it on a prescription form, keep the recommendations in a patient’s medical record, and testify on a patient’s behalf in a court of law.

  • Caregivers can receive compensation for their marihuana.

  • Under MMA, the sale of marihuana paraphernalia is not illegal, and paraphernalia cannot be seized.

  • If marihuana is distributed to anyone other than a qualifying patient, the provider’s registration card will be revoked and he or she will be subjected to a 2-year felony.

  • It is a still a crime to smoke pot in public, even if it is medical marihuana.
  • It is still a crime to possess pot on a school campus or on a school bus.
  •  It is still a crime to smoke pot in jail or a penitentiary, regardless of any medical condition or ailments.

If you have been criminally charged with the use, possession, or cultivation of medical marihuana, or if you would simply like more information on this topic, please do not hesitate to contact an Oakland County or Wayne County Medical Marihuana Lawyer at the Law Offices of Freedman & Freedman today!

Continue reading "Understanding the Michigan Medical Marihuana Act" »

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December 01, 2009
  Fight Over Oakland County Drug Court Program
Posted By Freedman & Freedman

Oakland County Executive L. Brooks Peterson has accused county prosecutor Jessica Cooper of trying to bring down the county’s drug court program after she got into a dispute with judges about the expense of prosecuting drug court cases.

Cooper argues the drug courts are not worth keeping, and that they are a waste of taxpayers’ money.

“They fail 70 percent of the time at a cost of $6 million and they’re racially skewed. I’m trying to use the county’s very scarce funds to prosecute criminals,” said Cooper.

Patterson, who was needless to say displeased with Cooper’s actions, called her out publicly.

“The prosecutor has chosen to pull her lawyers out to of the drug courts, which effectively shuts them down,” said Patterson.

But Cooper defended herself by stating that it is her job to let the public know when their money is not being put to good use.

“We have a program that doesn’t work. It hasn’t work in 10 years. We’ve graduated 10 people a year at a cost of $6 million a year to the taxpayer,” Cooper argued. “We could use this money in so many other ways. I would be so much more effective for the people who need it.”

But Patterson claims the drug courts are effective, and have helped many people turn their lives around.

“I’ve seen letters where guys who were headed for a life of crime and skid row and now they’re gainfully employed, they’re married, they’re starting to have a family and become productive citizens because of the drug courts,” Patterson said.

Patterson spoke out against Cooper when Cooper sent a letter to judges notifying them that she was withdrawing her participation in the drug court program due to economic reasons. 

Cooper did ask judges to order defendants to pay prosecution costs in an effort to recoup some of the taxpayers’ money, but was largely rejected.

Meanwhile Patterson remains firm in his belief that drug courts not only save lives, but also keep people out of jail.

Are you facing drug charges? Are you interested in learning more about this topic? Please do not hesitate to contact an experienced Oakland County drug crime defense lawyer at Freedman & Freedman today!

Continue reading "Fight Over Oakland County Drug Court Program" »

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