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Posts in the Criminal Law category:

Are you required to provide ID as a passenger?

Being stopped by the police is not usually a pleasant experience. Even with the most benign of infractions, the encounter can be adversarial. Indeed, the notion of authority can lead to citizens doing things that they are not required to do out of...

Should you get your criminal record expunged?

If you have been convicted of a crime, have served your sentence, and have followed all court recommendations, you should be able to put your past behind you and move on with life. Moving forward is critical given the stigma against...

Considerations in evaluating the prosecution's case

If you have been charged with a crime, it is essential to know how strong the government’s case is against you. Indeed, you may think the state has a flimsy case and has a snowball’s chance to prove you guilty beyond a reasonable doubt,...

What to know about bail conditions

If you have been arrested and are being held on the suspicion that you have committed a particular crime, chances are that the only thing you are thinking about is getting out of jail as soon as possible and proving your innocence. Under state and...

Could I lose my job over a drunk driving arrest?

When potential clients ask us questions about criminal defense representation (particularly for drunk driving offenses) one of the most common is whether they will lose their job.  Naturally, this depends on a number of factors, including how much...

In an issue of first impression in a published opinion, the court held that a defendant's consent to search her home was not an "incriminating statement" under the Fifth Amendment because it was "not testimonial or communicative evidence."

After being arrested during a traffic stop, defendant-Calvetti signed her Miranda warnings, acknowledging that she knew her rights and indicating that she "did not want to answer questions." She argued that the DEA agent's continued questioning...

The trial court did not err by finding that the defendant was not entitled to claim immunity under § 4 of the MMMA where the marijuana "cuttings" he placed in "grow material" had developed to the point of becoming "plants" under the statute.

It also held that the trial court did not err in refusing to suppress the evidence merely because the affidavit did not establish that defendant was not entitled to the immunity defense. He was convicted of possession with intent to deliver...

The defendant's conviction of receiving and concealing stolen property valued at $20,000 was supported by sufficient evidence. The trial court properly denied his motion to suppress, as the search warrant for his home was supported by probable cause.

The basis of his conviction was the seizure of hundreds of GM knockdown containers from his warehouse. He argued that there was no evidence that the containers were stolen because "(1) 52 of the containers recovered were provided by GM and (2)...

Holding that the arresting officer (C) had a reasonable suspicion that a traffic law was being violated, and that the defendant was detained for a reasonable time, the court reversed the trial court's order granting the motion to suppress and remande

C stopped the car defendant was driving because it did not have a metal registration plate. When he pulled the car over, he saw a piece of paper on the left side of the rear window, but he could not read it. Asked to produce his identification,...

In this case involving conspiracy to violate the Clean Air Act, the court held that the EPA was entitled to restitution under MVRA § 3663A(c) (an offense against property) when the government had no possessory interest in the land.

Defendant-Sawyer was prosecuted for failure to comply with the NESHAP for asbestos when salvaging a former industrial site. The court first determined that he waived his right to appeal his sentence under the terms of his plea agreement; thus, it...

Holding that the trial court's factual findings were not clearly erroneous and that they supported its ruling that the defendant's confession was voluntary, the court concluded that the trial court did not err in denying his motion to suppress.

He was convicted of second-degree murder, Felon In Possession, and felony-firearm. He argued that his confession was not voluntary and thus, was inadmissible. However, the court disagreed. Defendant told the officers that he was 25 years old and...

The Court of Appeals held that the defendants weren't entitled to an affirmative defense under § 8 because neither of them served as a "primary caregiver" or "patient" when they operated the cooperative growing operation & medical marijuana dispensar

Thus, it affirmed the trial court's orders denying their motions to dismiss and preventing them from raising the defense. The trial court found Bylsma "failed to establish that he was entitled to immunity under § 4, and because his entitlement to...
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