Recent Posts in Criminal Defense Category

In Northern Michigan, several people have come forward with reports that their credit card information was stolen from people overseas.  One of the individuals is Ashlee Ritchie.  She said that someone used her stolen credit card information in Spain.  After learning of the credit card fraud, she called her bank and they took care of it right away.

However, Ritchie is not alone as several people have had their credit card information stolen from cards that are held at differing banks.  The charges on their cards have reportedly ranged from $200 to $5,000. 

Ritchie told news sources that she continues to check her bank account balances every day.  "You just don't expect it to happen to you, and then you just find out that they're getting into your account."  She also said, "It's just scary, and there's people out there who don't check their balances or their accounts, and people just need to be aware of the situation."

When interviewed, Chemical Bank in Michigan said that debit and credit card fraud are on the rise.  While the bank has teams to monitor transactions and to help protect customers from identity theft, it continues to receive reports of fraud and urges customers to watch their accounts.

If you have been charged with theft or a white collar crime such as fraud, now is the time to hire a Michigan criminal defense lawyer.  Contact Freedman & Freedman now!

Last week Friday, it is reported that the President of the Detroit Lions was arrested for driving under the influence.  At the time of his DUI stop, Tom Lewand allegedly had a blood alcohol concentration (BAC) that was twice the state's legal blood alcohol limit,

Lewand was stopped by police after driving erratically during Friday's evening hours.  Officers say that Lewand was driving a sports utility vehicle when they say him crossing from one lane into another after leaving a bar parking lot.  Lewand's breath test result was .21%.  He took the test one hour after his arrest.

When stopped by police, Lewand told then that he has "not drank in a year and a half".  He said that he had stopped at the bar as a designated driver and was there to pick up a friend.

Police issued Lewand with a citation for operating while intoxicated in Denton Township.  He later apologized for his actions.

If you have been charged with DUI in Michigan, you owe it to yourself to obtain legal representation immediately.  Contact Freedman & Freedman to speak with a Michigan criminal defense attorney now!

In Michigan, 18 year old Kyle Lee Vinson of Marine City was arraigned this week.  Vinson was charged with receiving stolen property and theft of services this past weekend.

According to local police, Vinson called Herring Motor Co. of Somerset Township because he was stranded on the Pennsylvania turnpike.  When an employee from the company arrived to help, Vinson said that he did not have the $90 owed for services that were performed.  He was also without identification.

At first, Vinson claimed that he was his stepfather, Kyle Lee Schram.  It was later discovered that the vehicle Vison was driving was owned by Schram and reported as stolen on June 15^th.

At this time, Vinson remains in Somerset County Jail in lieu of $15,000 bail.  His hearing has been scheduled for a later date.

Have you been charged with a serious theft crime, such as auto theft?  If so, it is imperative that you obtain the services of a Michigan criminal defense lawyer.  Contact Freedman & Freedman to speak with a criminal defense attorney today!

In Ann Arbor, police say that they are still looking for the individuals who caused a series of fires.  It has been more than five weeks since fires have been set. 

At this time, police say that they do not have any suspects for the arson cases, which started in the beginning of 2010 and included several trash and car fires.  All of the fires occurred near student housing areas by the University of Michigan's Central Campus.

Recently, a spokesperson the University's Public Safety department said that that last fires occurred on April 17^th, when fours cars were set on fire within a 20 minute time span.   Days after the last round of fires, police announced that they had assembled a task force to investigate the arson cases.

Despite ongoing investigations, police say that they have no leads.  They are also still waiting on results from the crime laboratory for a house fire that occurred on April 3^rd.  That incident led to the tragic death of a 22 year University student.  At this time, a $5,000 reward is being offered to anyone who has information about the fires or who may have started the fires.

If you have been charged with a major crime, like arson, now is the time to discuss your options with a Michigan criminal defense lawyer.  Contact Freedman & Freedman today to get the defense you need.

This week, the owner of an Ingham County "pot club" is facing several criminal charges after his club was raided by police this week.

Officers from the Michigan State Police raided the club, known as "Green Leaf Smoker's Club", earlier this week.  Now, the club's owner Wayne Dagit is facing criminal charges, including three counts of delivery of marijuana, one count of maintaining a drug house and one count of possession of marijuana.  Three of the offenses are felonies in the state of Michigan.  The first offense alone carries a sentence of 15 years if Dagit is convicted.

Police say that Dagit has a criminal history as he was convicted for burglary in 1993 in the state of Illinois.  They also report that Dagit opened his club back in February and had 100 people join within the first few weeks of operation.

Have you been charged with drug crimes?  If so, it is important that you speak with a Michigan criminal defense lawyer from Freedman & Freedman.  We have immense experience helping those who have been charged with misdemeanor and felony drug offenses.  Contact our law office today!

In Flint, Michigan, a woman and her son called police and told them that the son had been kidnapped this past Monday.  Law enforcement said that the kidnapping may have occurred because the son and his brothers stole marijuana from nearby drug dealers.

When speaking with police, the son said that he had been walking when two strangers began to chase him.  Once the two males caught up with him, they forced him into the back of a small, black vehicle.  Police say the incident took place during the evening hours.

Once the victim was secured in the vehicle, the two males drove him to an area near Flushing and Dupont Street.  They then pulled him from the back of the care and proceeded to beat his face.  After hitting the victim several times, the two males ran away.

The mother told police that she believes the incident occurred because of the drug theft and that she fears for her sons' lives.

If you have committed a criminal offense in Michigan, such as a theft crime or kidnapping, you should speak with a Michigan criminal defense attorney at the Law Offices of Freedman & Freedman as soon as possible. Contact us today to discuss your case and defense strategy.

Three men were arrested on various charges in Woodhaven after someone called police to report there were people smoking pot in their truck.

Police arrived at the scene with a drug sniffing dog, who was able to detect the scent of marijuana and confirm its presence in the vehicle. The officer was able to smell the marijuana as well, and upon searching the vehicle found marijuana seeds and crumbled leaves throughout the suspect’s truck.

A passenger in the vehicle was also arrested, but for disorderly conduct and obstruction after he refused to comply with the officer’s orders. According to the article on The News-Herald, the officer asked the passenger to step out of the vehicle and leave the scene, but he refused. The passenger became angry and refused to get out of the truck. After a profane outburst and refusing to leave the vehicle at least three times, the officer had the passenger arrested.

A third passenger was also arrested after it was discovered there was an arrest warrant out for a reckless driving charge.

A man charged with impersonating an FBI agent and possessing more than a dozen firearms will remain in police custody, as per a ruling handed down by U.S. District Court Judge Victoria Roberts.

According to the FBI, Kevin Balfour, 56, told a witness that he collected money for Haiti earthquake victims by posing as an FBI agent and showing his badge.

Judge Roberts refused to set bail.

The FBI said that after searching Balfour’s home they found several weapons, numerous ammunition, and badges from the Chicago Police Department, U.S. Treasury Department, and Michigan’s Corrections Department.

Balfour stands to face both felony and federal charges for the crimes he has been accused of.

Balfour already has at least nine criminal convictions in two states.

If you are searching for a Michigan criminal defense lawyer with experience defending clients against both  felony and federal charges, you should consider contacting an attorney at the Law Offices of Freedman & Freedman. We would be happy to discuss our qualifications and experience, as well as go over the various defense tactics we can use to help you fight your charges.

Contact Freedman & Freedman today by filling out a free case evaluation or by calling (877) 858-5297!

There are times when a person may be able to set aside a criminal conviction as if he or she had never been accused of the crime. This process is referred to as an expungement. Not all convictions are eligible for expungement, so it’s best to consult with an attorney before taking any type of legal action. In the state of Michigan, you may be able to have your record expunged if you meet the following criteria:

• You are a first-time offender, and

• You were not convicted of a serious felony, sex crime, or traffic offense, and

• At least five years have passed since you completed a prison sentence

If you meet these requirements, you should contact an experienced Michigan criminal defense attorney at the Law Offices of Freedman & Freedman.  Once a record has been expunged, it will be as if the conviction was erased from your record. Any time you apply for a job, fill out a rental application, or apply for a new credit card or loan, you will no longer have to answer “yes” where it asks “have you ever been convicted of a crime?” It should be mentioned that certain professions, such as a law enforcement or government position, will be able to see that your conviction was set aside through expungement.  And should you be charged with another crime in the future, the conviction can still be used against you in future cases.

Expungements have given many people a second chance in life. If you are interested in learning more about expunging or sealing your criminal record, please contact the Law Offices of Freedman & Freedman today to discuss your case!

Have you been arrested or charged with a crime in Wayne or Oakland County, Michigan?  If so, it is important to have an idea of what you will face in the weeks and months ahead. 

The criminal process essentially begins the moment you are arrested, although sometimes an arrest does not amount to charges and prosecution.  If you are placed under arrest it is because the police have probable cause to believe that you committed a crime or that you were somehow involved in the commission of a crime.

After you are arrested you will be taken back to the police station and booked on criminal charges.  During the booking process you will be photographed, fingerprinted, searched, and asked a few questions.  It is important to remember that you can refrain from answering any questions until you have spoken with an attorney or your attorney is present.  If you cannot afford to hire an attorney, the state will appoint a public defender to your case.  However, there are benefits to hiring a private attorney.  To learn why, please visit our blog, “Hiring a Criminal Defense Attorney Versus a Public Defender.”

After you have been booked, the district attorney prosecuting the case can either continue with the case or drop the charges.  If the charges are dropped your case ends there.  If the prosecutor files charges, you will be scheduled to appear at an arraignment, which usually occurs within 72 hours of your arrest.  At the arraignment you will enter a plea of guilty, not guilty, or no contest.  If you plead guilty or no contest, the judge will impose a sentence then and there.  If you plead not guilty, the judge will schedule your next court appearance, as your case is now set for trial.  During the arraignment the judge will also set bail, refuse to set bail, or release you on your recognizance.

If you and your attorney do not reach a plea agreement with the prosecuting attorney, your case will move to trial.  A plea agreement is basically an arrangement made by the prosecutor and the defense attorney where the defendant agrees to plead guilty in exchange for a lesser sentence or reduced penalties. During a trial, your case is heard before a judge and jury, and after reviewing evidence and testimony submitted by both the defense and the prosecution, the jury will determine whether you are guilty or not guilty of the charges.  In some cases, you might be able to request a bench trial, which means your case is only heard before a judge.

Should the jury find you not guilty, your case is dismissed and you are free to go about living your life.  If you are found guilty of the charges, the judge will then impose a sentence based on the crime.  You might be able to appeal the conviction as well.

When people are arrested for a crime, often times they are not familiar with their legal rights.  It is important for everyone to have an idea of what their legal and constitutional rights entail.  Although one never anticipates getting arrested, knowing your rights will be beneficial should you get arrested in the future.

The following is a list of some of your legal and constitutional rights:

• You have the right against unlawful searches and seizures.  This means that in order for the police to search you or your property, they must have a valid search warrant or probable cause. 
• You have the right to remain silent.  The gives you the right to refrain from speaking to the police or answering their questions until you have had the chance to speak with an attorney.  This right is especially important to take advantage of, as anything you say can be used against you in court.
• You have the right to an attorney.  All people charged with a crime have the right to an attorney.  If you cannot afford to hire a private criminal defense attorney, the state will appoint a public defender to your case.  You do have the option of representing yourself, however, this is not advisable.
• You have the right to be read your Miranda rights.  Once you are in police custody, you must be read your Miranda rights before you are interrogated.  These rights include:
  • The right to remain silent
  • The right to have an attorney present during questioning
  • The right to have an attorney appointed to you if you are unable to afford one
• You have the right to a speedy trial under the 6^th Amendment.  The 6^th Amendment states that you have the right to have a trial within a certain time frame after being charged with a crime, usually 180 days.  However, you can have this waived if your attorney needs more time to prepare your defense.
• You have several rights under the 5^th Amendment:
  • You have the right to remain silent in a criminal proceeding, if testifying would result in self incrimination (pleading the fifth).
  • You have the right to a grand jury.
  • You have the right not to be tried twice for the same crime (double jeopardy).
  • You have the right to due process

There is no reason why anyone should be charged with hit and run.  That being said, we understand why many people throughout Wayne and Oakland Counties are arrested and charged with this crime every year.  After an accident, especially if there are injuries or deaths, it’s understandable that people might feel scared.  They don’t want to go to jail, so they drive away from the scene, hoping they won’t get caught. Unfortunately, most people are eventually tracked down and arrested.  Other people simply freak out and run away, unable to deal with the magnitude of what has just happened.  Other people run because they can’t afford to pay for the damage to the vehicles or the medical bills of those injured.  In other cases people flee the scene, but then want to come forward and turn themselves in, however, they don’t because they are scared they will face criminal charges for running away. 

The point is, there are a number of reasons why people hit and run, but that’s no excuse. If you were involved in an auto accident, do not flee the scene.  Instead, exchange information with the other parties involved.  If you get arrested, which is likely if you were driving under the influence or you caused a serious or fatal accident, then contact our firm for experienced defense representation. Just because you have been arrested does not necessarily mean you will be convicted. There are a number of effective defense strategies we can use to help you fight your charges and negotiate for reduced charges or penalties. Trust us when we say that running from the scene of an accident only makes your situation worse, as you will not only be charged for drunk driving, vehicular manslaughter, reckless driving, etc., but you will now also face enhanced penalties for the hit & run. 

If you have been charged with hit and run in Oakland County or Wayne County, contact an experienced Michigan criminal defense attorney at the Law Offices of Freedman & Freedman today by calling (877) 858-5297!

According to an article in The Oakland Press, a Waterford Township woman who has been accused of sexually assaulting the now teenage son she gave up for adoption years ago has failed to appear in court.

Aimee Louise Sword was scheduled to appear at a preliminary examination last week, but never showed up.  Sword’s attorney, Kenneth Burch, told the judge that Sword said she was sick with a fever, but that he did not know where she was or if that was the reason she failed to appear in court.

Judge Phyllis McMillen of the 51^st District Court rescheduled the exam for January 13^th, and also plans to address Sword’s absence at that time.

Sword was arrested and charged with three counts of first-degree criminal sexual misconduct after she tracked down her biological son on the Internet, who is now a teenager, and had sex with him.

Dedicated Defense Against Sex Crime Accusations

At the Law Offices of Freedman & Freedman, we are committed to aggressively defending people throughout Wayne County and Oakland County who have been charged with sex crimes.  If you have been accused of committing a sex crime, it is imperative that you consult an experienced Michigan sex crimes defense attorney at our office who can aggressively defend you against the accusations and help increase your chances of successfully overcoming the charges.  Furthermore, if you are facing additional consequences for failing to appear in court when scheduled, we can defend you to the judge in an effort to help you avoid additional charges or penalties.

To learn more about the dedicated criminal defense services offered at our firm, please fill out a free case evaluation or contact the office today by calling (877) 858-5297!

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.

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.  

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.

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.

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.

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.

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!

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:

• Murder, manslaughter (felonies)
• Sex Crimes (mostly felonies with the exception of prostitution and a few other offenses)
• Assault & Battery (typically charged as a felony)
• Drug Crimes (mostly felonies with the exception of simple possession)
• Kidnapping (felony)
• Hate Crimes (felony)
• Fraud Crimes (felony)
• White Collar Crimes (Felonies)
• Domestic Violence (can be charged as either a misdemeanor or a felony, depending on the circumstances of the crime)
• Child Abuse (felony)
• Vehicular Manslaughter (felony)
• Arson (felony)
• Stalking (could be charged as a misdemeanor or a felony)
• Weapons Offenses (usually charged as a felony)
• DUI (usually charged as a misdemeanor but can be charged as a felony in certain cases)
• Auto Theft (felony)
• Violent Crimes (felony)

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.

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.

The Good Samaritan Bill, introduced by State Sen. Liz Brater (D-Ann Arbor), exempts underage drinkers who call for emergency help from being charged with Minor in Possession (MIP).

The bill, which was passed by the House of Representatives in October, now moves forward to the state senate.

Brater introduced the bill in response to a growing trend.  Minors (people under the age of 21) have not been calling for help or 911 during an emergency situation out of fear they will be charged with MIP.  The bill essentially “amends the Michigan Liquor Control Code and guarantees that intoxicated minors will not receive an MIP charge for bringing a friend to the hospital in the event of an emergency,” as was reported by the Michigan Daily.

Supporters of the bill agree that upholding the law should not be given priority over the health and safety of an individual. Many of these supporters believe that the fact that a minor might jeopardize his or her health because they are too scared to report a medical emergency is reason enough to pass the bill right away.

Of course the bill has been met with some opposition.  Diane Brown, spokeswoman for the Michigan Department of Public Safety, has expressed her concerns. She said that the threat of receiving MIP should not prevent someone from doing the right thing, which would be to call for help in an emergency situation.

Unfortunately, the reality is different.  Many students have refrained from seeking medical attention or help, even though they needed it, solely because they do not want to deal with the consequences of MIP charges: fines, probation, possible driver’s license suspensions, and multiple court appearances— all of which can have a negative impact on a student’s jobs, classes, and extracurricular activities.

Charged with Minor in Possession? Interested in learning more about this topic? Contact a Michigan Criminal Defense Attorney for experienced and aggressive representation in Oakland County and Wayne County!