Michigan Medical Marijuana Attorney – Possession of Firearms Illegal under Federal Law for Medical Marijuana Users

February 3rd, 2012

With the passing of the Michigan Medical Marihuana Act in 2008, people in Michigan who use medical marijuana within the bounds of that law are protected from prosecution in Michigan courts. The same does not hold true for the federal courts, however. Marijuana use—even for medical purposes—is still completely illegal under federal law. As one might imagine, this can cause a number of confusing situations in different areas of the law. One of these areas is the right to possess firearms.

The federal statute numbered 18 U.S.C. §922(g) prohibits certain classes of individuals from shipping, transporting, receiving, or possessing firearms or ammunition. One of those classes includes people who are unlawful users of, or addicted to, any controlled substance. Under the federal drug scheduling laws, marijuana is classified as an illegal Schedule 1 controlled substance. Until recently, there was a question of whether this class of people who cannot ship, transport, receive, or possess firearms or ammunition under federal law includes those people who are legal medical pot patients in states like Michigan. But, the federal Bureau of Alcohol, Tobacco, Firearms and Explosives answered this question in a memo sent out last September. The memo states, “Therefore, any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms or ammunition.”

The firearms lawyers at Kronzek & Cronkright, PLLC are aware that many gun shop owners and operators are now asking gun purchasers whether they are medical cannabis patients. The shop owners do not want to get into trouble for selling a firearm or ammunition to a person they know or have reasonable cause to believe is an unlawful user of or addicted to an illegal controlled substance. Selling guns or ammo to a medical marijuana user is a violation of federal law.

For many medical marijuana patients, it is tough to hear that they can no longer possess, transport, ship, or receive guns while they are legal patients. Some may even choose to give up their patient status and stop using weed altogether in favor of keeping their firearms rights. If you are facing this choice, it would be a good idea to contact a criminal defense attorney.

Posted in Firearm Charges, For Your Information, Gun Charges, Medical Marijuana, Michigan State Law | No Comments »

Michigan Motor Vehicle Crime Attorneys – NTSB Recommends Full Ban on Cell Phone Use While Driving

January 30th, 2012

Recently, the National Traffic Safety Board (NTSB) announced their recommendation that each state should fully ban all types of cell phone use while driving. The recommended ban includes not only browsing the internet on iPhones, Androids, Blackberrys, and other smartphones, but also sending or receiving text messages, talking on a hand-held cell phone, and even talking on a hands-free device. The NTSB argues that these activities distract too many drivers and that something needs to be done to ensure safety on the roads. Many Americans hope their state does not ban these activities, because, as a society, we have become accustomed to using our cell phones while driving.

In Michigan, it is already illegal in most circumstances to “read, manually type, or send a text message on a wireless 2-way communication device that is located in the person’s hand or in the person’s lap.” Violations of this law are civil traffic infractions, meaning there is no potential for imprisonment as part of the punishment. A first violation of this law will result in a $100 fine, while a second or subsequent violation will result in a $200 fine. However, if reading or sending a text message causes a driver to become distracted and the driver gets in an accident or injures or kills another person, it can result in a criminal charge, such as reckless driving or involuntary manslaughter.

As top criminal defense attorneys, we wonder whether Michigan will follow any of the NTSB’s recommendations and outlaw all types of cell phone use when driving. If Michigan lawmakers do choose to make this activity illegal, we wonder if it will be in the form of criminal violations or just civil infractions like the texting ban.

Any time a person is being investigated for any type of traffic offense, they should contact a skilled attorney immediately.

Posted in Homicide Charges, Involuntary Manslaughter, NTSB | No Comments »

Michigan Criminal Law – Jackson, Michigan Judge Removed from Bench

January 28th, 2012

The Michigan Supreme Court recently ordered the removal of Judge James Justin from the bench. Judge Justin sat in the 12th District Court in Jackson, Michigan. That court hears landlord tenant cases, civil suits with a value of $25,000 or less, small claims, misdemeanor criminal cases, the initial stages of felony criminal cases, and traffic citation cases.

Before Judge Justin’s case got to the Michigan Supreme Court, a hearing was held with the Judicial Tenure Commission, which is the governing body that regulates judicial conduct in Michigan. At that hearing, it was determined beyond a preponderance of the evidence that this judge participated in multiple illegal and unethical acts. For example, Judge Justin allegedly dismissed traffic tickets for himself, his wife, and his staff without any notification to the Prosecuting attorney assigned to the case. This is an improper ex-parte communication, and judges are well aware that they cannot ethically do this. Judge Justin also allegedly reduced the sentences of people who had already accepted a plea agreement without notifying the Prosecutor. Worse yet, Judge Justin allegedly lied under oath at the Judicial Tenure Commission hearing. The Michigan Supreme Court justices agreed that Judge Justin’s widespread unethical conduct is incompatible with the standards we hold our judges to, and they ordered his immediate removal from office.

As criminal defense attorneys who are accepting new clients in Jackson, Michigan, we strongly advocate for our clients and are pleased when we earn a victory in court for our clients.

Posted in Judicial Misconduct, Motor Vehicle Charges, Sentencing | No Comments »

Michigan Criminal Law – Ottawa County Attorney’s Contempt Conviction Reversed

January 27th, 2012

In December, we wrote about Scott G. Millard, an Ottawa County attorney who was held in criminal contempt at the 58th District Court in Hudsonville, Michigan by Judge Kenneth Post. The judge took issue with the attorney’s statement that the client need not answer questions about prior drug use in order for the judge to determine bond conditions. The attorney knew that criminal defendants have the right to remain silent under the Fifth Amendment to the United States Constitution if a truthful answer could incriminate them.

Millard appealed his contempt conviction to the Ottawa County Circuit Court. In the Circuit Court opinion, authored by Honorable Edward R. Post, the court ruled that District Court judge Post incorrectly held the attorney in contempt. It then remanded the matter to the District Court for further proceedings, but ordered that the criminal case be reassigned to a different Judge. As premier Michigan defense attorneys, we know how important it is to fight for our clients’ constitutional rights. We applaud the Circuit Court for holding that this attorney was doing nothing wrong by advocating for his client. We also applaud attorney Millard for standing up for his client in a very difficult situation.

It is unfortunate that we live in an era where the constitutional protections of persons accused of crimes are being steadily eroded by state and federal legislation and by numerous appellate precedents that make it progressively more difficult to defend clients.

It is important that anyone being investigated for or charged with any criminal offense hire a trial attorney who is skilled and aggressive in the courtroom, especially when the judge and prosecutor are unsympathetic and even hostile to criminal defendants. A good attorney can help ensure that proper courtroom procedure is followed and that the defendant’s constitutional rights will not be infringed upon.

The sooner you hire an attorney, the more time the attorney will have to prepare your defense. Contact a skilled lawyer immediately.

Posted in Contempt of Court, Fifth Amendment, Legal Ethics, Michigan Criminal Convictions, Michigan State Law | No Comments »

Michigan Criminal Defense Attorneys – US Supreme Court Rules GPS Tracking Without Warrant is an Illegal Search

January 26th, 2012

All nine Justices on the United States Supreme Court recently ruled that the police must obtain a search warrant before attaching a GPS device to a suspect’s vehicle. In the case, called United States v. Jones, a Washington, D.C. nightclub owner named Antoine Jones was suspected of Cocaine drug trafficking. Police attached a GPS to the underside of Jones’s vehicle and monitored his movements for a month. The information gathered by the GPS device helped the trial court convict Jones of drug crimes. Jones appealed his conviction.

The Supreme Court Justices ruled that attaching the GPS device to Jones’ vehicle constituted a search, and therefore a search warrant should have been issued. In making this decision, the Justices weighed the fact that where we drive on public streets is not necessarily a secret and everyone should have a reasonable expectation of privacy that our movements will not be monitored by the police for a month. The Supreme Court concluded that Jones did have a reasonable expectation of privacy that the police would not physically place a GPS tracker on the underside of his vehicle. As technology develops, courts are consistently revisiting the limits of constitutional protections against government intrusions into our lives. This decision will go a long way to help protect the 4th Amendment rights of criminal defendants who were charged after high-tech investigation techniques.

How would you feel if you found out the police had been tracking where you went for the last month using a device secretly placed on your car? This question may be less and less relevant due to the rapid pace of new technology advancements. For many of us with smart phones, GPS systems, I-pads, tablets and computers with tracking technology, there is an incredible amount of information already available to us that is in the “cloud”. Questions dealing with how much and under what conditions this information is available to police investigators will be the subject of intense litigation for years to come.

Posted in Drug Charges, Drug Crimes, Searches, United States Supreme Court Rulings, Warrantless Searches | No Comments »

United States Supreme Court Overturns New Orleans Murder Conviction

January 16th, 2012

Juan Smith was found guilty of five murders in a New Orleans trial court. At his trial, the government presented the testimony of a witness who said Smith was the first gunman to come through the door during a robbery. However, prosecutors held back the fact that that same witness had previously told a detective he could not identify the robbers.

Smith appealed his guilty verdicts to the United States Supreme Court, which reversed the convictions. Eight of the nine Supreme Court Justices ruled that the government prosecutors should have disclosed this admission by the witness to the defense before trial. This is based on a past U.S. Supreme Court case, Brady v. Maryland, which states that prosecutors must disclose “material exculpatory evidence” to the defense. Material exculpatory evidence is evidence that creates a reasonable probability that a conviction or sentence would be different if the evidence is disclosed. Kudos to the U. S. Supreme Court for reminding the government’s prosecutors that they cannot violate the law.

Criminal defendants accused of any crime should hire an aggressive defense attorney to represent them in all court proceedings. A skilled lawyer will watch out for ethical violations by prosecutors and work hard to protect defendants from such violations.

Contact an attorney immediately to discuss your criminal case. And remember, the right attorney can be critical to the success of a case.

Posted in Murder, Murder Arrest, Murder Charges, United States Supreme Court Rulings | No Comments »

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