If you receive a ticket for speeding, you might want to make sure that the speeding ticket is enforcable under Michigan law!
Every driver knows that speed limits can go up and down like a roller coaster, on any given stretch of Michigan road. But few people understand who sets these speed limits, and under what law(s) speeding violations can be legally prosecuted.
Public Act 85 of 2006 (PA 85) is the State statute that actually regulates where and how speed limits are set, and what penalties may be imposed for violating these speed limits. But local jurisdictions do not always follow this State law when setting speed limits.
Recently, there have been a couple of articles in local news papers discussing this problem. These articles are not new. Last year there was a similar article discussing how many of the speed limits are kept artificially low to generate revenue.
This recent string of articles appears to have garnered the attention of State Rep. Rick Jones, R-Grand Ledge, who intends to introduce legislation forcing local jurisdictions to follow Public Act 85 of 2006 (PA 85), so that unfair speed limit laws are not put in place to “trap” otherwise careful drivers.
What does PA 85 actually state? PA 85 addresses several different State statutes, but the Speed Limit debate has focused on the following language in Michigan Compiled Law 257.627 (PA 85), that mandates speed limits shall be:
(d) 25 miles per hour on a highway segment with 60 or more vehicular access points within 1/2 mile.
(e) 35 miles per hour on a highway segment with not less than 45 vehicular access points but no more than 59 vehicular access points within 1/2 mile.
(f) 45 miles per hour on a highway segment with not less than 30 vehicular access points but no more than 44 vehicular access points within 1/2 mile; and,
(3) It is prima facie unlawful for a person to exceed the speed limits prescribed in subsection (2), except as provided in section 629.
As a criminal defense attorney, I can see how these sections of PA 85 may be helpful for many drivers to avoid difficulties associated with speeding tickets.
In other words, while this statute appears almost too complicated to be immediately useful, a skilled defense attorney may be able to use PA 85 to argue that the speed limit in question was not “legal” under Michigan law.
It may not be realistic for the average driver to be on the side of the road mapping out the best 1/2 mile for them to defend their speeding tickets. But a skilled defense attorney can address the following issues: Should you calculate a half mile from the point of the ticket? From the point the officer alleged you were speeding? Or calculate a 1/4 mile before and after the point the officer alleged you were speeding?
PowerPoint presentations addressing the legality of a certain speed limit might become a more integral part of informal or formal hearings regarding traffic offenses. Perhaps video presentation where each curb cut, driveway, side street, or other “access point” is numbered would be useful. The same video could have some indication of the mileage or measurements in question.
In time, the situation will be corrected through introduction of new legislation, but in the meantime we’ll be watching to see how the courts react toward arguments about unenforceable speed limits.
If you have further questions about fighting a speeding ticket, contact the experienced lawyers at our firm and we will discuss what you may be able to do to fight that ticket.
To read the state statute click here:
(http://www.legislature.mi.gov/documents/2005-2006/publicact/htm/2006-PA-0085.htm).
Attorney Daryl Wood is an experienced Michigan defense attorney, and a recognized legal expert on Driver’s License suspension and restoration issues. If you have received a ticket, have had a license suspended, or have been subject to Driver’s Responsibility fees in Michigan, Mr. Wood can help and advise you.
Contact Mr. Wood at: 313.278.8811 or 248.855.0911.
Or visit his web site at http://www.crimlawattorney.net or http://www.drunkdrivingmichiganlawyer.com or www.michiganmiplawyer.com
Monday, June 7, 2010
Friday, April 23, 2010
That Drink Can Last A Lifetime!
by Attorney Raymond Cassar
Spring is in the air and many High School students are excited about Prom and graduation parties. For seniors, this is the end of High School and the beginning of the rest of their lives.
For many young adults celebrating with friends includes alcohol. Forty-five percent of twelfth graders report using alcohol. But most High School students really do not know what is at stake if they get arrested for a “Minor in Possession” (of alcohol), commonly referred to as an “MIP.”
The first thing teens need to know is that police officers are in full force on Prom night. They get lists from every school in the jurisdiction so that they do not miss this important event. They are on the lookout and they mean business.
The Police also love to attend Graduation parties. They rarely get an invitation, but you can bet they know where the parties are. They also count on neighbors who call in and eagerly point them in the right direction. The police get a real bang for the buck when they bust a party. They can write 20 or more tickets for under age drinking in a very short time, which is a whole lot simpler than hoping to run into some wayward kid who may have had consumed alcohol and now can't find his way home.
Michigan Compiled Laws 436.1703 makes it a criminal misdemeanor for a “minor" (which is basically every High school student) to purchase, consume or even ATTEMPT to possess alcohol. The phrase "attempt to possess alcohol" is the key here. This means the law also applies to all of the students that may not have had any alcohol at the party, but are standing right next to the keg, or holding a bottle of beer for their friend. The problem is that unless you are in another room playing a video game, if the police come in (and they always do) you stand a good chance of getting an MIP charge. Rarely does only one officer come to the house, so trying to run away only makes things worse. It is common for several police cars to be on the scene and that makes it a night to remember.
Contrary to what some teens think, getting an MIP is not something to brag about. Getting arrested is not fun. The jail cell you will be held in is very similar to an overcrowded public bathroom at a beach or concert. Calling your parents from the jail (if the phone works) will provide you with a memory that literally lasts a lifetime for both you and your parents.
Going to court is no picnic either. Telling the Judge that you are going off to college in the fall rarely impresses the Judge. While the fine on a first offense is only $100 the court also imposes work detail on weekends and community service and you have to pay to do the work program. After all someone has to pay the retired police officers that supervise you while you are picking up trash from the side of the road.
The court also places everyone on probation for 9 months to a year and again charges you $30 to $45 dollars a month for that privilege. Suffice to say that the court experience is not enjoyable. Keep in mind that cleaning up the sides of the road while wearing a bright orange vest is demeaning, especially when someone you know drives by and beeps their horn to acknowledge you.
Additionally the Court may revoke your driving privileges, and may order alcohol counseling and ongoing alcohol testing – which you also have to pay for.
You need to also remember that in Michigan an MIP is a misdemeanor which means it is a crime that results in you having a criminal record. Colleges are not impressed with anything on your criminal record. Future employers also are not amused when they run a record check and see a drinking violation. Lying on a job application and hoping they will not find your misdemeanor makes working anywhere ten times harder since each day you worry about it popping up and losing the job.
Graduation parties and the memories of friends you have made in High School should last a lifetime. Do not let an under age drinking event (and a criminal record) be part of those lasting memories.
The best way to avoid being arrested on an MIP is to steer clear of situations involving alcohol. But mistakes happen and teens can “be in the wrong place at the wrong time.” If you or someone you love has been charged with an MIP there are many things an experienced MIP lawyer can do to minimize the costs - and to keep you from ending up with a criminal record. We have represented hundreds of teens who have been arrested for MIP.
Call the Law Offices of Raymond A. Cassar, if you need help with an MIP in Michigan:
248-855-0911 & 313-278-8811.
Or visit our M I P website for more information:
http://www.michiganmiplawyer.com
Spring is in the air and many High School students are excited about Prom and graduation parties. For seniors, this is the end of High School and the beginning of the rest of their lives.
For many young adults celebrating with friends includes alcohol. Forty-five percent of twelfth graders report using alcohol. But most High School students really do not know what is at stake if they get arrested for a “Minor in Possession” (of alcohol), commonly referred to as an “MIP.”
The first thing teens need to know is that police officers are in full force on Prom night. They get lists from every school in the jurisdiction so that they do not miss this important event. They are on the lookout and they mean business.
The Police also love to attend Graduation parties. They rarely get an invitation, but you can bet they know where the parties are. They also count on neighbors who call in and eagerly point them in the right direction. The police get a real bang for the buck when they bust a party. They can write 20 or more tickets for under age drinking in a very short time, which is a whole lot simpler than hoping to run into some wayward kid who may have had consumed alcohol and now can't find his way home.
Michigan Compiled Laws 436.1703 makes it a criminal misdemeanor for a “minor" (which is basically every High school student) to purchase, consume or even ATTEMPT to possess alcohol. The phrase "attempt to possess alcohol" is the key here. This means the law also applies to all of the students that may not have had any alcohol at the party, but are standing right next to the keg, or holding a bottle of beer for their friend. The problem is that unless you are in another room playing a video game, if the police come in (and they always do) you stand a good chance of getting an MIP charge. Rarely does only one officer come to the house, so trying to run away only makes things worse. It is common for several police cars to be on the scene and that makes it a night to remember.
Contrary to what some teens think, getting an MIP is not something to brag about. Getting arrested is not fun. The jail cell you will be held in is very similar to an overcrowded public bathroom at a beach or concert. Calling your parents from the jail (if the phone works) will provide you with a memory that literally lasts a lifetime for both you and your parents.
Going to court is no picnic either. Telling the Judge that you are going off to college in the fall rarely impresses the Judge. While the fine on a first offense is only $100 the court also imposes work detail on weekends and community service and you have to pay to do the work program. After all someone has to pay the retired police officers that supervise you while you are picking up trash from the side of the road.
The court also places everyone on probation for 9 months to a year and again charges you $30 to $45 dollars a month for that privilege. Suffice to say that the court experience is not enjoyable. Keep in mind that cleaning up the sides of the road while wearing a bright orange vest is demeaning, especially when someone you know drives by and beeps their horn to acknowledge you.
Additionally the Court may revoke your driving privileges, and may order alcohol counseling and ongoing alcohol testing – which you also have to pay for.
You need to also remember that in Michigan an MIP is a misdemeanor which means it is a crime that results in you having a criminal record. Colleges are not impressed with anything on your criminal record. Future employers also are not amused when they run a record check and see a drinking violation. Lying on a job application and hoping they will not find your misdemeanor makes working anywhere ten times harder since each day you worry about it popping up and losing the job.
Graduation parties and the memories of friends you have made in High School should last a lifetime. Do not let an under age drinking event (and a criminal record) be part of those lasting memories.
The best way to avoid being arrested on an MIP is to steer clear of situations involving alcohol. But mistakes happen and teens can “be in the wrong place at the wrong time.” If you or someone you love has been charged with an MIP there are many things an experienced MIP lawyer can do to minimize the costs - and to keep you from ending up with a criminal record. We have represented hundreds of teens who have been arrested for MIP.
Call the Law Offices of Raymond A. Cassar, if you need help with an MIP in Michigan:
248-855-0911 & 313-278-8811.
Or visit our M I P website for more information:
http://www.michiganmiplawyer.com
Friday, April 9, 2010
The Unintended Consequences of State Government: Understanding Michigan's Driver Responsibility Fees
by Attorney Daryl Wood, JD
In an all-too-common story that is repeated over and over in the State of Michigan and all over the country, a person – we’ll call him George – is pulled over for speeding. The officer gives George a break and only issues him a ticket for No Proof of Insurance on Person – this way, George doesn’t have to appear for a hearing. The officer tells George, “Go to the courthouse, and get the ticket signed off, and you won’t have worry about appearing in front of the judge.” Following the officer’s advice, George takes his ticket up to the courthouse. As promised, the court clerk signs off on his ticket and charges George $25. However, a few weeks later, George receives a surprise in his mailbox – a bill for $200 in driver responsibility fees for each of the next two years.
Since money is tight, George sets up a payment plan with the Department of Treasury. He struggles to meet the payments and misses one. Because of his missed payment, George’s license is suspended. Unable to pay off the assessment right away and facing the loss of his employment, George continues to drive to and from work. It’s not long before he receives a ticket for Driving While License Suspended and another $500 driver responsibility fee assessment for each of the next two years.
Come tax time, George learns the hard way that if there is an outstanding driver responsibility fee, Michigan will intercept your state tax returns and take out the fee before sending you the rest of your tax return. George is now stuck in an uncontrollable cycle, which continues and just about consumes him.
How Did This Happen?
In 2003, the State of Michigan enacted the Driver Responsibility Fee through 2003 Senate Bill 509, Public Act 165 of 2003. Today the list of fees can be found at:
http://www.michigan.gov/driverresponsibility/0,1607,7-213-32166---,00.html.
In 2003 – much like today – the Michigan Legislature was struggling to balance the state budget, when they decided to mirror a New Jersey program for driver responsibility fees. Statistics showed that New Jersey was boasting collection rates of 60% on these fees. Hoping for the same results, Michigan anticipated raising $74.8 million dollars per year from Driver Responsibility Fees. The Legislature adopted the driver responsible program, stating that its desire was to curb participation in serious driving offenses. In reality, Michigan’s actual collection rate was somewhat lower than New Jersey’s, and ended up at 48.5% through 2008.
Unfortunately, the driver responsibility program has had a devastating effect on the lower-income residents of this state. In 2005, there were 95,323 offenses involving Driving While License Suspended. By 2007, that statistic rose to 44%, or 137,673 cases. Since 2003, the State of Michigan has billed over $800 million but collected only approximately $400 million.
Many of the individuals that are assessed the driver responsibility fees are not even aware of the program until it is too late. Assessments of $200 for No Insurance or No Proof of Insurance and assessments of $150 for Expired License commonly surprise individuals who generally are not advised in advance of the consequences of pleas of responsibility or guilt. These fees don’t just hit you for one year, but they come back again the next year.
Unintended Consequences
Here is the problem: The State created the program because it needed a new revenue stream, but even at the time they implemented it, their model for the program – New Jersey’s system – showed that they would never collect all of the fees. This meant that over 40% of the people who were covered by the far-reaching umbrella of the driver responsibility program would never be able to afford to pay off their driver responsibility fees, and thus would end up with suspended licenses and continually multiplying bills.
The consequence of this is that the legislature’s new revenue stream became a direct hit to low-income families and individuals. While the legislature knew that there was a very good chance that 40% of the people charged with these fees would be financially unable to pay, they failed to build a safety valve into the program. There currently is no way for low-income people to petition for a reduction in the outstanding balances based on financial hardship.
Why was this bill enacted? Those responsible for enacting the legislation wanted to be able to state to the public that they did not vote to raise taxes. However, this is really a tax in disguise - a punitive measure on low income individuals without judicial oversight.
Thank you, State Legislators, for creating a new criminal class for the poor. Even criminal restitution statutes allow for a person to avoid imprisonment based solely on their inability to pay. However, now that driver responsibility fees are the law, many in Michigan people face jail time for Driving While License Suspended for no other reason than that they are unable to pay their bills.
Attorney Daryl Wood is an experienced Michigan defense attorney, and a recognized legal expert on Driver’s License suspension and restoration issues. If you have received a ticket, have had a license suspended, or have been subject to Driver’s Responsibility fees in Michigan, Mr. Wood can help and advise you.
Contact Mr. Wood at: 313.278.8811 or 248.855.0911. Or visit his web site at http://www.crimlawattorney.com or http://www.drunkdrivingmichiganlawyer.com
In an all-too-common story that is repeated over and over in the State of Michigan and all over the country, a person – we’ll call him George – is pulled over for speeding. The officer gives George a break and only issues him a ticket for No Proof of Insurance on Person – this way, George doesn’t have to appear for a hearing. The officer tells George, “Go to the courthouse, and get the ticket signed off, and you won’t have worry about appearing in front of the judge.” Following the officer’s advice, George takes his ticket up to the courthouse. As promised, the court clerk signs off on his ticket and charges George $25. However, a few weeks later, George receives a surprise in his mailbox – a bill for $200 in driver responsibility fees for each of the next two years.
Since money is tight, George sets up a payment plan with the Department of Treasury. He struggles to meet the payments and misses one. Because of his missed payment, George’s license is suspended. Unable to pay off the assessment right away and facing the loss of his employment, George continues to drive to and from work. It’s not long before he receives a ticket for Driving While License Suspended and another $500 driver responsibility fee assessment for each of the next two years.
Come tax time, George learns the hard way that if there is an outstanding driver responsibility fee, Michigan will intercept your state tax returns and take out the fee before sending you the rest of your tax return. George is now stuck in an uncontrollable cycle, which continues and just about consumes him.
How Did This Happen?
In 2003, the State of Michigan enacted the Driver Responsibility Fee through 2003 Senate Bill 509, Public Act 165 of 2003. Today the list of fees can be found at:
http://www.michigan.gov/driverresponsibility/0,1607,7-213-32166---,00.html.
In 2003 – much like today – the Michigan Legislature was struggling to balance the state budget, when they decided to mirror a New Jersey program for driver responsibility fees. Statistics showed that New Jersey was boasting collection rates of 60% on these fees. Hoping for the same results, Michigan anticipated raising $74.8 million dollars per year from Driver Responsibility Fees. The Legislature adopted the driver responsible program, stating that its desire was to curb participation in serious driving offenses. In reality, Michigan’s actual collection rate was somewhat lower than New Jersey’s, and ended up at 48.5% through 2008.
Unfortunately, the driver responsibility program has had a devastating effect on the lower-income residents of this state. In 2005, there were 95,323 offenses involving Driving While License Suspended. By 2007, that statistic rose to 44%, or 137,673 cases. Since 2003, the State of Michigan has billed over $800 million but collected only approximately $400 million.
Many of the individuals that are assessed the driver responsibility fees are not even aware of the program until it is too late. Assessments of $200 for No Insurance or No Proof of Insurance and assessments of $150 for Expired License commonly surprise individuals who generally are not advised in advance of the consequences of pleas of responsibility or guilt. These fees don’t just hit you for one year, but they come back again the next year.
Unintended Consequences
Here is the problem: The State created the program because it needed a new revenue stream, but even at the time they implemented it, their model for the program – New Jersey’s system – showed that they would never collect all of the fees. This meant that over 40% of the people who were covered by the far-reaching umbrella of the driver responsibility program would never be able to afford to pay off their driver responsibility fees, and thus would end up with suspended licenses and continually multiplying bills.
The consequence of this is that the legislature’s new revenue stream became a direct hit to low-income families and individuals. While the legislature knew that there was a very good chance that 40% of the people charged with these fees would be financially unable to pay, they failed to build a safety valve into the program. There currently is no way for low-income people to petition for a reduction in the outstanding balances based on financial hardship.
Why was this bill enacted? Those responsible for enacting the legislation wanted to be able to state to the public that they did not vote to raise taxes. However, this is really a tax in disguise - a punitive measure on low income individuals without judicial oversight.
Thank you, State Legislators, for creating a new criminal class for the poor. Even criminal restitution statutes allow for a person to avoid imprisonment based solely on their inability to pay. However, now that driver responsibility fees are the law, many in Michigan people face jail time for Driving While License Suspended for no other reason than that they are unable to pay their bills.
Attorney Daryl Wood is an experienced Michigan defense attorney, and a recognized legal expert on Driver’s License suspension and restoration issues. If you have received a ticket, have had a license suspended, or have been subject to Driver’s Responsibility fees in Michigan, Mr. Wood can help and advise you.
Contact Mr. Wood at: 313.278.8811 or 248.855.0911. Or visit his web site at http://www.crimlawattorney.com or http://www.drunkdrivingmichiganlawyer.com
Friday, April 2, 2010
Think Before You Tweet
by Sarah Blalock
Think that all your Facebook posts, Twitter tweets, and Myspace updates could never cause you any trouble? Think again.
Thanks to the recent release during a lawsuit of several internal documents from the United States Justice Department and the Internal Revenue Service, we now know that the government is using social networking sites to investigate cases of all types. According to an recent article in the Detroit Free Press by Associated Press writer Richard Lardner (http://freep.com/article/20100316/NEWS09/100316040/1320/Careful-New-Facebook-friend-might-be-the-feds), agents are even going so far as to go undercover on these online sites in order to gather information about suspects or witnesses in criminal cases.
While this is something that may just now be becoming public knowledge, the fact that law enforcement officers look to social networking sites such as Facebook, Myspace and Twitter to assist in their investigations is old news to those of us who defend people involved in computer-related crimes. In fact, here at the Law Offices of Raymond A. Cassar, it is standard procedure for us to ask our new clients about their accounts on social networking sites, in order to be best prepared to handle their cases. It is almost a given in this day and age that the prosecutor and police will be searching for our clients’ Facebook pages to see if they contain any incriminating evidence.
Government agents, probation officers, and prosecutors can either go undercover by submitting a “friend request” on sites like Facebook, or by “following” a person on Twitter. Once the agent is accepted as a friend or follower, they will have full access to the person’s page, and any posts or photos there. Agents can pose as underage girls or boys in order to catch a person they believe is an online predator, or they can seek out photos of a person engaged in illegal activity such as drug use or underage alcohol use. Often, agents don’t even need to go undercover – they simply have to click on the person’s social networking page. Once they do, if the page is not set to private, they have access to a virtual goldmine of personal information. Even if one’s profile IS set to private, police and probation officers may be able to access their information through a friend’s page that isn’t private – it all depends on how diligently they are willing to search.
In Michigan, the use of social networking sites for this type of investigation is of particular note. If prosecutors can tie the commission of a crime to a person’s computer use, the penalties are even higher than they would be if that crime were committed “in the real world.” Use of a Computer to Commit a Crime is a common felony charge in Michigan that can apply to all types of criminal cases – from Solicitation of a Minor to Fraud charges. Use of a Computer to Commit a Crime can drastically raise the stakes and the potential penalties for anyone who is charged with that offense in conjunction with any other criminal charge.
Perhaps one of the most disturbing things about this new trend is that so many people feel “safe” online on social networking websites. Because they have to approve or deny “friend requests,” many people generally feel that the information they are posting will only be disseminated to people they know and trust. Lardner’s article, however, is a harsh reminder that when you are online, you are never truly private.
So the next time you think about updating your Facebook status, or posting a new Tweet, think very carefully about what you are about to say. “Big Brother” could be watching…
Sarah Blalock is an attorney at the Law Offices of Raymond A. Cassar, a Detroit Area Criminal Defense firm. Mr. Cassar has twenty years of experience in State & Federal Court. His office is happy to give advice regarding criminal matters. You may learn more about Attorney Raymond Cassar and Attorney Sarah Blalock by visiting : http://www.crimlawattorney.com/
Think that all your Facebook posts, Twitter tweets, and Myspace updates could never cause you any trouble? Think again.
Thanks to the recent release during a lawsuit of several internal documents from the United States Justice Department and the Internal Revenue Service, we now know that the government is using social networking sites to investigate cases of all types. According to an recent article in the Detroit Free Press by Associated Press writer Richard Lardner (http://freep.com/article/20100316/NEWS09/100316040/1320/Careful-New-Facebook-friend-might-be-the-feds), agents are even going so far as to go undercover on these online sites in order to gather information about suspects or witnesses in criminal cases.
While this is something that may just now be becoming public knowledge, the fact that law enforcement officers look to social networking sites such as Facebook, Myspace and Twitter to assist in their investigations is old news to those of us who defend people involved in computer-related crimes. In fact, here at the Law Offices of Raymond A. Cassar, it is standard procedure for us to ask our new clients about their accounts on social networking sites, in order to be best prepared to handle their cases. It is almost a given in this day and age that the prosecutor and police will be searching for our clients’ Facebook pages to see if they contain any incriminating evidence.
Government agents, probation officers, and prosecutors can either go undercover by submitting a “friend request” on sites like Facebook, or by “following” a person on Twitter. Once the agent is accepted as a friend or follower, they will have full access to the person’s page, and any posts or photos there. Agents can pose as underage girls or boys in order to catch a person they believe is an online predator, or they can seek out photos of a person engaged in illegal activity such as drug use or underage alcohol use. Often, agents don’t even need to go undercover – they simply have to click on the person’s social networking page. Once they do, if the page is not set to private, they have access to a virtual goldmine of personal information. Even if one’s profile IS set to private, police and probation officers may be able to access their information through a friend’s page that isn’t private – it all depends on how diligently they are willing to search.
In Michigan, the use of social networking sites for this type of investigation is of particular note. If prosecutors can tie the commission of a crime to a person’s computer use, the penalties are even higher than they would be if that crime were committed “in the real world.” Use of a Computer to Commit a Crime is a common felony charge in Michigan that can apply to all types of criminal cases – from Solicitation of a Minor to Fraud charges. Use of a Computer to Commit a Crime can drastically raise the stakes and the potential penalties for anyone who is charged with that offense in conjunction with any other criminal charge.
Perhaps one of the most disturbing things about this new trend is that so many people feel “safe” online on social networking websites. Because they have to approve or deny “friend requests,” many people generally feel that the information they are posting will only be disseminated to people they know and trust. Lardner’s article, however, is a harsh reminder that when you are online, you are never truly private.
So the next time you think about updating your Facebook status, or posting a new Tweet, think very carefully about what you are about to say. “Big Brother” could be watching…
Sarah Blalock is an attorney at the Law Offices of Raymond A. Cassar, a Detroit Area Criminal Defense firm. Mr. Cassar has twenty years of experience in State & Federal Court. His office is happy to give advice regarding criminal matters. You may learn more about Attorney Raymond Cassar and Attorney Sarah Blalock by visiting : http://www.crimlawattorney.com/
Saturday, March 27, 2010
Gilbert Arenas and Gun Law
Gilbert Arenas is a three time All – Star point guard in the NBA for the Washington Wizards. However, today in DC Superior Court he will find out his sentence that will be imposed on him by Judge Robert E. Morin. The question is whether Arenas will be sentenced to do jail time or get probation and community service for his one felony count of violating the District of Columbia’s strict gun laws.
The basic facts of this case are simple and unfortunately very foolish. Arenas and Crittenton were playing cards and got into a heated verbal joust while flying back from on the team plane on December 19, 2009. Two days later, Arenas brought his guns to the locker room and in his words “played the prank” on Crittenton by placing the guns on the latter’s chair with the sign, "Pick 1." Additionally, Crittenton then retrieved his own gun and ensured that Areans knew he had a “piece” of his own. (Crittenton pleaded guilty in January to a misdemeanor gun charge and received a year of unsupervised probation.) Subsequent, Arenas entered a guilty plea on January 15th.
The maximum term for Arenas' crime is five years. The sentencing guidelines for someone with his record call for 6-24 months, although those guidelines also allow for probation. The reason his guidelines start at 6 months is that Arenas has had two prior misdemeanor convictions for gun related crimes. The sentencing guidelines take into account both prior record variables as well as offense variables to increase one’s guideline. The top of one’s sentencing guideline may not exceed the top of the statutory penalty. Perhaps most important, Arenas' sentence could determine whether the Wizards will attempt to void the remainder of his six-year, $111 million contract.
Prosecutors demand a sentence of three months in jail. Part of their argument is that Arenas’ showed a carefree type attitude throughout the proceedings, that he knew that bringing the guns to the locker room was illegal, that he has a prior gun charge and that he “joked about the incident to large groups, and stated that he did nothing wrong and felt no remorse,” according to assistant United States attorney Christopher Kavanaugh.
The defense has made good arguments to counter on behalf of Arenas, and attempt to persuade the Judge to grant Arenas probation and community service in lieu of a jail sentence. The crust of the defense argument is that Arenas played a much misguided prank but he had absolutely no intent to harm anyone. Additionally, the guns were unloaded, the media misinterpreted Arenas’s light hearted comments regarding the case, and that he has been a positive role model for the community with much community service and charitable donations through NBA Cares and other charitable organization. Finally, the defense argues that Arenas was confused about the DC’s complicated gun laws and that through his suspension the rest of the 2009-10 season he was already punished with the tens of millions lost in earnings and endorsements.
The arguments put forth by both sides are fairly persuasive on their face. The defense team is making the type of arguments that defendants should expect their clients to put forth in all types of cases. Lack of prior history, positive impact on the community prior and subsequent to the offense, remorse for one’s actions after entering a plea deal are all factors that a well trained criminal defense attorney should use to craft a persuasive argument on their client’s behalf at the sentencing hearing.
Attorney Raymond Cassar is a Detroit Area Criminal Defense attorney who has twenty years of experience in State & Federal Court. His office is happy to give advice regarding criminal matters. You may learn more about Attorney Raymond Cassar and his team of attorneys by visiting his website at: http://www.crimlawattorney.com .
The basic facts of this case are simple and unfortunately very foolish. Arenas and Crittenton were playing cards and got into a heated verbal joust while flying back from on the team plane on December 19, 2009. Two days later, Arenas brought his guns to the locker room and in his words “played the prank” on Crittenton by placing the guns on the latter’s chair with the sign, "Pick 1." Additionally, Crittenton then retrieved his own gun and ensured that Areans knew he had a “piece” of his own. (Crittenton pleaded guilty in January to a misdemeanor gun charge and received a year of unsupervised probation.) Subsequent, Arenas entered a guilty plea on January 15th.
The maximum term for Arenas' crime is five years. The sentencing guidelines for someone with his record call for 6-24 months, although those guidelines also allow for probation. The reason his guidelines start at 6 months is that Arenas has had two prior misdemeanor convictions for gun related crimes. The sentencing guidelines take into account both prior record variables as well as offense variables to increase one’s guideline. The top of one’s sentencing guideline may not exceed the top of the statutory penalty. Perhaps most important, Arenas' sentence could determine whether the Wizards will attempt to void the remainder of his six-year, $111 million contract.
Prosecutors demand a sentence of three months in jail. Part of their argument is that Arenas’ showed a carefree type attitude throughout the proceedings, that he knew that bringing the guns to the locker room was illegal, that he has a prior gun charge and that he “joked about the incident to large groups, and stated that he did nothing wrong and felt no remorse,” according to assistant United States attorney Christopher Kavanaugh.
The defense has made good arguments to counter on behalf of Arenas, and attempt to persuade the Judge to grant Arenas probation and community service in lieu of a jail sentence. The crust of the defense argument is that Arenas played a much misguided prank but he had absolutely no intent to harm anyone. Additionally, the guns were unloaded, the media misinterpreted Arenas’s light hearted comments regarding the case, and that he has been a positive role model for the community with much community service and charitable donations through NBA Cares and other charitable organization. Finally, the defense argues that Arenas was confused about the DC’s complicated gun laws and that through his suspension the rest of the 2009-10 season he was already punished with the tens of millions lost in earnings and endorsements.
The arguments put forth by both sides are fairly persuasive on their face. The defense team is making the type of arguments that defendants should expect their clients to put forth in all types of cases. Lack of prior history, positive impact on the community prior and subsequent to the offense, remorse for one’s actions after entering a plea deal are all factors that a well trained criminal defense attorney should use to craft a persuasive argument on their client’s behalf at the sentencing hearing.
Attorney Raymond Cassar is a Detroit Area Criminal Defense attorney who has twenty years of experience in State & Federal Court. His office is happy to give advice regarding criminal matters. You may learn more about Attorney Raymond Cassar and his team of attorneys by visiting his website at: http://www.crimlawattorney.com .
Friday, March 19, 2010
How To Restore Your Driver's License - Michigan Law
By Attorney Daryl Wood
In Michigan, keeping your job is hard enough without having the additional handicap of your driver’s license being suspended or revoked. Having to depend on friends, family, co-workers or public transportation to get to work is not a recipe for promotion.
A driver’s license may be revoked for many reasons under Michigan law:
§ repeat drunk driving or substance abuse convictions
§ refusal of a breathalyzer test (automatic suspension)
§ points related suspensions or revocations (12 points within 2 years)
If your license has been revoked you must apply for the return of your license and you must jump through several “hoops” to have a chance for its restoration.
The majority of license restoration cases in Michigan involve an application and hearing through the Michigan Secretary of State, not through the courts. This means you are subject to all of Lansing’s “red tape” and complex regulations.
Unfortunately, many people whose licenses are revoked are not prepared to request a hearing when they become eligible to get it back, and they are therefore unsuccessful in restoring their license. Speaking with an experienced driver’s license attorney well before the eligibility date will ensure that you are doing everything necessary to assure the best chances of success at restoring your license.
Ideally, you want an attorney who will review all of your paperwork before submitting it to the Secretary of State, and who will conduct a practice interview to prepare you for your hearing to ensure you are properly prepared.
If you attempt the hearing on your own, there is a much greater likelihood of denial. If you are denied after your initial hearing, your appeal must usually be handled through the County Circuit Court for your county of residence.
When attempting an appeal on your own, you should know that any mistakes you make in the process will haunt you in every future hearing until you get your license fully restored. Most times, the mistakes made will cost you an additional year of eligibility before you can request a new hearing.
Only an experienced Michigan license restoration attorney can evaluate your situation and advise you as to the proper steps and restoration procedures that apply to your specific case.
When choosing an attorney to help you restore your driver’s license, you need someone who knows the process, knows the hearing officers, and understands your likelihood of success, before you walk into the hearing
You will find highly experienced Michigan license restoration attorneys at the Law Offices of Raymond A. Cassar, P.L.C. We have helped literally hundreds of Michigan residents get their licenses restored. We can help you. Visit www.crimlawattorney.com or www.drunkdrivingmichiganlawyer.com or call (248) 855-0911 or (313) 278-8811.
In Michigan, keeping your job is hard enough without having the additional handicap of your driver’s license being suspended or revoked. Having to depend on friends, family, co-workers or public transportation to get to work is not a recipe for promotion.
A driver’s license may be revoked for many reasons under Michigan law:
§ repeat drunk driving or substance abuse convictions
§ refusal of a breathalyzer test (automatic suspension)
§ points related suspensions or revocations (12 points within 2 years)
If your license has been revoked you must apply for the return of your license and you must jump through several “hoops” to have a chance for its restoration.
The majority of license restoration cases in Michigan involve an application and hearing through the Michigan Secretary of State, not through the courts. This means you are subject to all of Lansing’s “red tape” and complex regulations.
Unfortunately, many people whose licenses are revoked are not prepared to request a hearing when they become eligible to get it back, and they are therefore unsuccessful in restoring their license. Speaking with an experienced driver’s license attorney well before the eligibility date will ensure that you are doing everything necessary to assure the best chances of success at restoring your license.
Ideally, you want an attorney who will review all of your paperwork before submitting it to the Secretary of State, and who will conduct a practice interview to prepare you for your hearing to ensure you are properly prepared.
If you attempt the hearing on your own, there is a much greater likelihood of denial. If you are denied after your initial hearing, your appeal must usually be handled through the County Circuit Court for your county of residence.
When attempting an appeal on your own, you should know that any mistakes you make in the process will haunt you in every future hearing until you get your license fully restored. Most times, the mistakes made will cost you an additional year of eligibility before you can request a new hearing.
Only an experienced Michigan license restoration attorney can evaluate your situation and advise you as to the proper steps and restoration procedures that apply to your specific case.
When choosing an attorney to help you restore your driver’s license, you need someone who knows the process, knows the hearing officers, and understands your likelihood of success, before you walk into the hearing
You will find highly experienced Michigan license restoration attorneys at the Law Offices of Raymond A. Cassar, P.L.C. We have helped literally hundreds of Michigan residents get their licenses restored. We can help you. Visit www.crimlawattorney.com or www.drunkdrivingmichiganlawyer.com or call (248) 855-0911 or (313) 278-8811.
Saturday, March 13, 2010
Why Former Detroit Councilwoman Monica Conyers is Going to Prison
Former Detroit Councilwoman Monica Conyers received a 37 month federal prison sentence for her role in the Detroit City Council Corruption case. She is scheduled to self surrender to the designated Federal facility sometime in July. Many people are asking “how” and “why” she received such a tough sentence. And everyone is wondering if she will actually serve that “hard time” in prison . . . or just “get off easy” like many other celebrities and public officials.
Here’s the real story of what happened, and why, from the perspective of an experienced Detroit area criminal defense attorney.
In the Federal Court System the Judges have Sentencing Guidelines that they look to, in order to impose an appropriate sentence. But, every Federal attorney knows that these guidelines are no longer mandatory. The sentencing guidelines are now advisory. This means that the Judge actually could have imposed probation or home confinement for Monica. Perhaps that is what her attorney was hoping for. Clearly, Monica appeared to be expecting nothing more severe than probation.
But Monica’s biggest problem was that she was never taught to say “I Am Sorry for What I Did”. Even as she was being sentenced by highly respected Federal Judge Avern Cohn, she continually displayed her defiant and contemptuous attitude toward our Justice System, the Federal Court and, unfortunately, toward the City of Detroit. As a result, the wise Judge exercised his authority to “throw the book at her.”
Monica Conyers was certainly incredulous when Judge Avern Cohn actually sentenced her to a prison term. That is why she kept telling everyone who cared to listen that she would “appeal” the sentence. What the public needs to know is that she has little grounds for an appeal. This is because the Plea Agreement she signed (under “Rule 11”) precluded an appeal if the Judge sentenced her within a “Guideline” sentence. It is clear that the Judge did just that. In other words, since Judge Cohn did impose a sentence within the “guidelines” of the applicable law, Conyers has given up her right to appeal.
Will this stop her lawyers from trying to appeal? It probably won’t. But in all probability, it will prevent them from doing so successfully.
Monica’s attitude through this whole ordeal did not ring well with the Judge or the citizens of Detroit. Perhaps some humility or contrition on her part may have moved the Judge to impose a lighter sentence – since it was within his discretion to sentence her to something short of prison. But it was clear from her demeanor throughout the entire process that Monica has little if any real remorse, even though her attorney probably urged her to show at least some contrition.
It is a well known fact that the American public has a short memory, and an uncanny ability to forgive public personalities who let us down – especially if they exercise a little humility and publicly apologize. There is tremendous power in saying I am sorry. Even skeptics will agree that it is a lot easier to forgive those who humble themselves and say they are sorry. It is something we all can relate to, since we all make mistakes.
But Monica Conyers obviously feels that saying she is sorry to the City of Detroit is a sign of weakness. And, as a result, she will now be vacationing in prison.
Monica, you just don’t get it!
Attorney Raymond Cassar is a Detroit Area Criminal Defense attorney who has twenty years of experience in State & Federal Court. His office is happy to give advice regarding criminal matters. You may learn more about Attorney Raymond Cassar by visiting his website at: http://www.crimlawattorney.com/
Here’s the real story of what happened, and why, from the perspective of an experienced Detroit area criminal defense attorney.
In the Federal Court System the Judges have Sentencing Guidelines that they look to, in order to impose an appropriate sentence. But, every Federal attorney knows that these guidelines are no longer mandatory. The sentencing guidelines are now advisory. This means that the Judge actually could have imposed probation or home confinement for Monica. Perhaps that is what her attorney was hoping for. Clearly, Monica appeared to be expecting nothing more severe than probation.
But Monica’s biggest problem was that she was never taught to say “I Am Sorry for What I Did”. Even as she was being sentenced by highly respected Federal Judge Avern Cohn, she continually displayed her defiant and contemptuous attitude toward our Justice System, the Federal Court and, unfortunately, toward the City of Detroit. As a result, the wise Judge exercised his authority to “throw the book at her.”
Monica Conyers was certainly incredulous when Judge Avern Cohn actually sentenced her to a prison term. That is why she kept telling everyone who cared to listen that she would “appeal” the sentence. What the public needs to know is that she has little grounds for an appeal. This is because the Plea Agreement she signed (under “Rule 11”) precluded an appeal if the Judge sentenced her within a “Guideline” sentence. It is clear that the Judge did just that. In other words, since Judge Cohn did impose a sentence within the “guidelines” of the applicable law, Conyers has given up her right to appeal.
Will this stop her lawyers from trying to appeal? It probably won’t. But in all probability, it will prevent them from doing so successfully.
Monica’s attitude through this whole ordeal did not ring well with the Judge or the citizens of Detroit. Perhaps some humility or contrition on her part may have moved the Judge to impose a lighter sentence – since it was within his discretion to sentence her to something short of prison. But it was clear from her demeanor throughout the entire process that Monica has little if any real remorse, even though her attorney probably urged her to show at least some contrition.
It is a well known fact that the American public has a short memory, and an uncanny ability to forgive public personalities who let us down – especially if they exercise a little humility and publicly apologize. There is tremendous power in saying I am sorry. Even skeptics will agree that it is a lot easier to forgive those who humble themselves and say they are sorry. It is something we all can relate to, since we all make mistakes.
But Monica Conyers obviously feels that saying she is sorry to the City of Detroit is a sign of weakness. And, as a result, she will now be vacationing in prison.
Monica, you just don’t get it!
Attorney Raymond Cassar is a Detroit Area Criminal Defense attorney who has twenty years of experience in State & Federal Court. His office is happy to give advice regarding criminal matters. You may learn more about Attorney Raymond Cassar by visiting his website at: http://www.crimlawattorney.com/
Ben Roethlisberger’s sexual assault allegations: the smart way to handle.
Recently, another shocking new development ensued in the life of the $102 million QB of the Pittsburgh Steelers. The proud franchise with its 7 Super Bowl wins and the tradition and pride that it has established throughout the Rooney family ownership is seeing its reputation affected through allegations faced by its Super Bowl MVP quarterback Ben Roethlisberger. This is the second such allegation against Roethlisberger in two years. The first was not pursued by Lake Tahoe police, but it resulted in a civil suit against Roethlisberger.
On March 7th, it is alleged that after a night of partying in a college bar in Georgia, Roethlisberger sexually assaulted a 20 year college woman. This type of allegations are very serious, and generally speaking when something like this hits the press in relation to a professional public figure it usually alleges a crime of violence such as forcible intercourse or something just sort of that. Of course, it is just as likely that nothing happened, and ulterior motives are inspiring the allegations. However, once such allegations of sexual assault make it to the police, a serious and potentially life altering investigations begins, and the Roethlisberger matter is just that. Perhaps worse, due to the harsh “court of public opinion,” despite the Constitutional protections, Roethlisberger faces an uphill battle of clearing his name and defending his life and reputation.
At this point in time, Roethlisberger and his team of attorneys are handling such allegations the right way. Whenever such allegations are put forth, the police will be investigating and they will focus their investigations in two aspects.
First, they will attempt to gather evidence of the complainant’s demeanor shortly after the alleged crime, whether there is any evidence, physical or verbal from other corroborating witnesses, that she/he was indeed sexually assaulted.
Second, the police always attempt to give the accused an “opportunity to explain himself/herself.” This is nothing more than an attempt to obtain a confession. Seldom if ever will an accused go to the police, make a statement without the consultation and presence of an attorney, and get himself/herself out of whatever allegations were thrown at him/her. By hiring an attorney, the accused is assuring that the police attempted contact with him/her will always be screened by his/her attorney, and therefore the possibility of making incriminating statements is greatly diminished.
Roethlisberger is doing the right thing. He has hired an attorney and is making no statements. While the press is reporting that he is cooperating with the police, what is truly taking place is that the attorney is handling the investigation phase of this criminal matter. The attorney is the one who is making contact with the police, he is attempting to extrapolate additional information regarding the allegations, and he is insulating his client from making potentially fatal statements to the police.
When facing with such an accusation, the prudent and smart thing to do is to simply demand an attorney when the phone call from the police comes. That phone call will always come, as it is the easiest way for the police and prosecution to obtain a conviction through a confession. Hiring an attorney to handle such an investigation into a sexual assault is a well worth investment, as the penalties are very harsh, and convictions virtually always result in prison or jail time.
When facing with such an accusation, the prudent and smart thing to do is to simply demand an attorney when the phone call from the police comes. That phone call will always come, as it is the easiest way for the police and prosecution to obtain a conviction through a confession. Hiring an attorney to handle such an investigation into a sexual assault is a well worth investment, as the penalties are very harsh, and convictions virtually always result in prison or jail time.
The attorneys at the Law Offices of Raymond Cassar, PLC have over 45 years of experience of handling nothing but criminal defense. Handling criminal investigations and providing aggressive representation is all we do, and we are here to help you. For more information on how the attorneys at the Law Offices of Raymond Cassar, PLC can help you in such circumstances please feel free to call us: 248-855-0911 or 313-278-8811, or visit our web site at: http://www.crimlawattorney.com/
On March 7th, it is alleged that after a night of partying in a college bar in Georgia, Roethlisberger sexually assaulted a 20 year college woman. This type of allegations are very serious, and generally speaking when something like this hits the press in relation to a professional public figure it usually alleges a crime of violence such as forcible intercourse or something just sort of that. Of course, it is just as likely that nothing happened, and ulterior motives are inspiring the allegations. However, once such allegations of sexual assault make it to the police, a serious and potentially life altering investigations begins, and the Roethlisberger matter is just that. Perhaps worse, due to the harsh “court of public opinion,” despite the Constitutional protections, Roethlisberger faces an uphill battle of clearing his name and defending his life and reputation.
At this point in time, Roethlisberger and his team of attorneys are handling such allegations the right way. Whenever such allegations are put forth, the police will be investigating and they will focus their investigations in two aspects.
First, they will attempt to gather evidence of the complainant’s demeanor shortly after the alleged crime, whether there is any evidence, physical or verbal from other corroborating witnesses, that she/he was indeed sexually assaulted.
Second, the police always attempt to give the accused an “opportunity to explain himself/herself.” This is nothing more than an attempt to obtain a confession. Seldom if ever will an accused go to the police, make a statement without the consultation and presence of an attorney, and get himself/herself out of whatever allegations were thrown at him/her. By hiring an attorney, the accused is assuring that the police attempted contact with him/her will always be screened by his/her attorney, and therefore the possibility of making incriminating statements is greatly diminished.
Roethlisberger is doing the right thing. He has hired an attorney and is making no statements. While the press is reporting that he is cooperating with the police, what is truly taking place is that the attorney is handling the investigation phase of this criminal matter. The attorney is the one who is making contact with the police, he is attempting to extrapolate additional information regarding the allegations, and he is insulating his client from making potentially fatal statements to the police.
When facing with such an accusation, the prudent and smart thing to do is to simply demand an attorney when the phone call from the police comes. That phone call will always come, as it is the easiest way for the police and prosecution to obtain a conviction through a confession. Hiring an attorney to handle such an investigation into a sexual assault is a well worth investment, as the penalties are very harsh, and convictions virtually always result in prison or jail time.
When facing with such an accusation, the prudent and smart thing to do is to simply demand an attorney when the phone call from the police comes. That phone call will always come, as it is the easiest way for the police and prosecution to obtain a conviction through a confession. Hiring an attorney to handle such an investigation into a sexual assault is a well worth investment, as the penalties are very harsh, and convictions virtually always result in prison or jail time.
The attorneys at the Law Offices of Raymond Cassar, PLC have over 45 years of experience of handling nothing but criminal defense. Handling criminal investigations and providing aggressive representation is all we do, and we are here to help you. For more information on how the attorneys at the Law Offices of Raymond Cassar, PLC can help you in such circumstances please feel free to call us: 248-855-0911 or 313-278-8811, or visit our web site at: http://www.crimlawattorney.com/
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