What is the Age of Consent in Michigan?

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The age of consent in Michigan is 16 years old. This means that a 16 year old can consent to sexual activity in most cases. There are exceptions, including familial relationships and when the activity involves a person in a position of trust or power or if the person is under the influence of drugs or alcohol. Sexual contact with a person under 16 years old is always illegal regardless of consent or knowledge of the minor’s age.

What is the Age of Consent in Michigan?

Sexual Contact with a 16 Year Old

Putting aside the question as to whether a 16 year old is mature enough to make informed decisions regarding sexual activity, it is technically legal for a person this age to have consensual sexual relations. However, there are many circumstances where sexual contact with a 16 year old would be against the law. Examples of illegal sexual activity include when the 16 year old is under the influence of drugs or alcohol, if there is any force or coercion, if there is a immediate family relationship, or if the other participant is in a position of trust or power over the minor. Paying a minor for sex, even someone 16 years old, is not just solicitation, it is a felony offense.

Statutory Rape

Having sexual contact with someone under 16 years old is frequently referred to as statutory rape. In Michigan, statutory rape is called Criminal Sexual Conduct and the penalties are severe and include prison time and, frequently, lifetime registration as a sex offender and GPS monitoring. Sexual contact does not just mean sexual intercourse. For purposes of Michigan’s CSC laws, mere touching over the clothing of intimate areas is enough for a conviction if true and proven beyond reasonable doubt. In cases where there is an accusation of penetration and the minor is under 13 years old, the penalty may include a mandatory minimum 25 year prison sentence.

What to do if you are accused of sexual activity with a minor

Allegations of sexual activity with a minor are among the most serious in criminal law and the need for a superior defense is greater than ever. If the allegations are true, an experienced and effective defense lawyer will know how to take steps to minimize any consequences by skillfully directing their client to get help and getting the court and prosecution to see the good and human qualities of the client. In those cases where the allegations are false, the lawyer must be willing to go to war if necessary to prove their client’s innocence. Frequently in these cases guilt is presumed and innocence must be proven.

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If you are accused of having sexual contact with a minor, it is absolutely critical that you enlist the help of experienced defense lawyers immediately. Any delay can disable any defense you may have or cause you to be arrested and incarcerated while charges are filed and prosecuted against you. A defendant who remains in custody on these charges is at a serious disadvantage because they cannot get psychological help that could reduce a sentence. Call us LEWIS & DICKSTEIN, P.L.L.C. today at (248) 263-6800 for help or complete a Request for Assistance Form and we will promptly contact you.

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Retail Fraud – Shoplifting

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Despite being considered a “common crime,” an individual convicted of shoplifting can expect severe consequences in court and in the community. The attorneys with LEWIS & DICKSTEIN P.L.L.C understand that good people are susceptible to shoplifting due to severe stress and anxiety.

 

Throughout the years we have worked with clients who are struggling with impulse control, kleptomania, or who shoplift as a result of struggles with depression. You may be surprised to know that many of our clients are affluent and in many cases can afford the items they shoplift. In most cases, the attempted removal of an item from a store was just careless or an oversight. Whatever issues the client may be struggling with, we give our clients the benefit of the doubt. We realize that prison time is not helpful for our clients trying to improve their lives or just cope better with the stress of life.

Facing Retail Fraud - Shoplifting Charges

What are the consequences for a shoplifting charge?

Shoplifting is considered a serious crime in the state of Michigan, even on first time convictions. The severity of the punishment depends on various factors, including the criminal record of the accused and the monetary value of the merchandise involved. The convicted face probation, imprisonment, loss of job opportunities, and expensive fines. An experienced attorney will help you avoid legal consequences that will be detrimental in your road to recovery. A misdemeanor may carry a punishment of 93 days up to 1 year and a felony conviction could result in prison time for a period of years.

What constitutes shoplifting?

When one thinks of shoplifting, they typically think of a person attempting to steal merchandise from a store by secretly slipping the stolen goods into their purse, bag, or under the clothes. However, there are other forms of shoplifting and some clients may not realize that these crimes are considered just as serious. For example, switching the price tag on an item for a tag with a lower cost is also considered shoplifting. Good people in desperate situations are susceptible to shoplifting and our goal is to get charges dropped or lessened, realizing that jail time virtually never the way for our clients to get help. By humanizing a client to a judge and helping them see the client as more than just “a defendant”, we can often avoid consequences that other lawyers might believe are inevitable.

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Shoplifting is considered a serious crime in the state of Michigan and enlisting the help of an effective and successful lawyer is essential. LEWIS & DICKSTEIN P.L.L.C. has a proven track record of winning and is ready to stand with you as you face retail fraud charges in Michigan. If you’ve been charged with retail fraud / shoplifting, call us at (248) 263-6800 or complete a Request for Assistance Form and we will promptly contact you.

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Federal Charges in Michigan & Federal Criminal Investigations

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Federal crimes are grouped into four classifications depending on their possible maximum penalties: felonies (1 year or more), misdemeanors (1 year or less), infractions (5 days or less), and petty offenses (maximum fines of $5,000 for individuals and $10,000 for organizations).

Felonies and misdemeanors are further classified into classes. They are as follows:

Felonies:
  • Charged with a Federal CrimeClass A — Life imprisonment or death
  • Class B — 25 years or more
  • Class C — 10–25 years
  • Class D — 5–10 years
  • Class E — 1–5 years
Misdemeanors:
  • Class A — 6 mos.–1 year
  • Class B — 30 days–6 months
  • Class C — 5 days–30 days

The classifications are used primarily in determining additional consequences of sentencing, such as the allowable term of supervised release and whether charges may be brought by indictment or information.

Felonies must be brought by indictment unless defendant waives and misdemeanors may be charged by indictment, information or complaint. All felony offenses must be tried before a district court judge. Misdemeanors may be tried before a magistrate judge when the defendant consents in writing.

Federal Prosecutors – The United States Attorney’s Office

Increasingly, federal prosecutors work with local law enforcement officials, either directly or through joint federal and state task forces; however, the main federal investigative agencies for the United States Attorney’s Office are the: Federal Bureau of Investigation (“FBI”), Secret Service, Customs & Border Protection Service, Bureau of Alcohol, Tobacco, Firearms & Explosives (“ATF”), Internal Revenue Service (“IRS”), and U.S. Postal Inspectors.

Federal Criminal Investigations

Criminal investigations are initiated in one of two ways: (1) law enforcement officials may suspect a crime is being committed and begin an investigation that may lead to felony or misdemeanor charges or (2) law enforcement officials may respond to the commission of a crime, arrest their suspects, and then conduct a full investigation of the case. Federal cases generally arise from investigations and rarely result spontaneously from crime in progress.

Federal Crimes Charges in Michigan

Law enforcement officials must comply with both constitutional limitations on their powers, like the Fourth Amendment for example that protects against unreasonable searches and seizures, and proper procedures under the Federal Rules of Criminal Procedure. The Fifth and Sixth Amendments to the Constitution govern when and how officers can interrogate potential suspects who are in custody. Any evidence seized by the government in violation of the law may be subject to suppression. If the evidence in a case is suppressed, it could lead to a dismissal of all charges.

Arrest and the Start of Prosecution

In those cases where a suspect is arrested without a warrant, the officers must file a complaint in the United States District Court. A magistrate judge decides whether there is sufficient probable cause to hold the suspect until formal charges can be filed. If the defendant remains in custody, prosecutors have 14 days to conduct a preliminary examination. At a preliminary examination, the Assistant United States Attorney would have to introduce sufficient evidence to hold the defendant for trial. In practice, preliminary examinations are rarely held in federal court and, in the alternative, prosecutors will opt to obtain an indictment from a grand jury before the 14-day period expires. Every defendant charged with a felony in federal court is entitled to an indictment. If a defendant is only charged with a misdemeanor, the prosecutors may file an information with the court and an indictment is not necessary. If a defendant makes bail and is out of custody following his arrest, prosecutors have 21 days to conduct a preliminary hearing or obtain a grand jury indictment. In some cases, especially those involving lengthy investigations or multiple defendants, prosecutors will obtain an indictment before a defendant is arrested or file a complaint with a request for an arrest warrant. In many of these cases, the indictment or complaint will remain sealed or secret until the arrest is made.

What do I do if I am charged in federal court?

Michigan Criminal Defense Attorneys

In the unfortunate event you or a loved one becomes the target of a federal investigation, a complaint or an indictment, it is critical that you obtain experienced legal counsel as soon as possible. Things happen quickly in investigations and in court and any delay can cause missed opportunities to gain an advantage for the defendant. If you or a loved one is being investigated for or prosecuted on felony or misdemeanor charges in the United States District Court in Detroit or elsewhere in Michigan, call LEWIS & DICKSTEIN, P.L.L.C. right away at (248) 263-6800 for a free consultation or complete a Request for Assistance Form.

 

We will find a way to help you and we are not afraid to win!

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Successful Appeal in Wayne County for Felony Conviction

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A Wayne County Circuit Court judge committed a reversible error when he suppressed the blood alcohol content (BAC) of the victim in a reckless driving causing death case in 2017. The Wayne County Prosecutor successfully fought to keep this critical evidence from being introduced by the defendant at trial and as a result, the defendant was convicted. On appeal, the Court of Appeals reversed the defendant’s conviction and found the evidence, which was critical to the defendant’s defense, should have been admitted.

Wayne County Felony Conviction

Basically, the facts of the case were that Defendant slammed into the rear end of decedent’s vehicle causing his death. Defendant testified that the decedent pulled suddenly into his lane causing him to lose control. The defense sought to introduce the decedent’s BAC of 0.201 to show contributory negligence. In other words, the criminal defense lawyer argued that the defendant’s testimony that the decedent was driving erratically was corroborated by his superdrunk level BAC. The trial judge granted the prosecutor’s request to keep that critical information from the jury and the defendant was found guilty.

Establish reasonable doubt and thus an acquittal at trial

The appellate court found that the trial judge’s ruling on the BAC evidence was an abuse of discretion. The panel held that defendant’s testimony, when coupled with evidence of the decedent’s extreme intoxication, was sufficient to create a question of fact regarding the decedent’s gross negligence such that the decedent’s conduct may have superseded defendant’s reckless driving and severed defendant’s criminal liability. This is a complicated way of saying that the evidence of the high BAC combined with the defendant’s testimony about the decedent’s sudden lane change in front of his car may have been enough to establish reasonable doubt and thus an acquittal at trial.

On appeal, it is not enough for a defendant just to show that there was a significant legal error in the trial. For a conviction to be reversed, the defendant must also show that the outcome of the trial might have been different had the error not been made. If the defendant fails to show the error may have impacted the verdict, the error is called harmless and the conviction gets affirmed. In this case, because failure of proximate causation was defendant’s only defense to the charge of reckless driving causing death, the appellate court found that it was more likely than outcome determinative and that the defendant was entitled to a new trial.

Top Rated Criminal Defense AttorneyCourt of Appeals affirmed the trial judge’s ruling

As an aside, the prosecution appealed the trial judge’s suppression of defendant’s old OWI and OUIL convictions, which the prosecution wanted to present to the jury. The Court of Appeals affirmed the trial judge’s ruling on this issue and found that the old convictions were irrelevant to the question of whether defendant’s reckless driving was a proximate cause of the decedent’s death. This propensity evidence was properly suppressed under M.R.E. 404(b) and 403.

People v. Thabo Jones; unpublished opinion of 10-31-17 (COA# 330759)

If you are charged with or being investigated for a criminal offense in Wayne County Michigan, call LEWIS & DICKSTEIN, P.L.L.C. today for a free consultation at (248) 263-6800 or complete a Request for Assistance Form and a highly experienced trial lawyer will promptly contact you. Our defense team has an unparalleled track record for success and we are not afraid to win!

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We are not afraid to win!

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How to Proceed if Your Child Has Been Caught Shoplifting in Michigan

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Shoplifting is quite common among children and teenagers acting out of peer pressure, but the consequences are no joke, depending on whether or not police were involved at the scene. The severity of consequence depends on a few different factors, including your child’s age, and your case may require legal representation. It is also common for young people to be falsely accused by overzealous loss prevention or security officers.

How serious is a shoplifting case involving a minor or young adult?

As a parent, you may feel disappointed or angry with your child after learning he or she has been involved in shoplifting. There may be legal ramifications as well in the event that the business chose to involve police. In the state of Michigan, young adults and minors, children under 17 years old, are frequently charged with retail fraud or “shoplifting.” If the accused is under 17, they are considered juvenile offenders and find themselves in juvenile court. Accused persons who are 17 and older are tried as adults and are held to a higher standard. For this reason alone, it makes sense to hire an experienced, reputable attorney who has positive relationships with the judges and prosecutors and who is in the best position to negotiate a dismissal or an extraordinary resolution to the case. With a relationship of mutual respect and familiarity, the attorney can persuade the judge to be merciful, and in some cases, to dismiss the charges all together.

been caught shoplifting in Michigan?

Could my child be detained?

If your teenager has no prior record, the odds are that your child will not see the inside of a jail but may be detained at a police station or local lockup. If he or she has any prior contacts with the law, the judge may decide to set a bond and attempt to keep the accused in jail. Although, in the case of juvenile offenders, the emphasis is on rehabilitation and sentences tend to be less punitive in nature, a juvenile criminal record remains public until the person’s 31st birthday. If a bond is set, an amount of money may have to be deposited with the court or jail to secure your child’s release from custody. A successful criminal defense lawyer gives an accused the best possible chance of getting a personal bond. A personal bond does not require that any money exchanged with the court.

What are my child’s rights in court?

Your child has several rights including the right to due process. The right to due process means the right to be treated fairly. Unfortunately, many prosecutors and judges have very little regard for a person’s due process rights and it takes a strong lawyer to make sure someone receives fair treatment. Also, every defendant in a criminal or juvenile delinquency case has a right to be presumed innocent, a right to be tried by judge or jury, a right to be represented by a lawyer at trial, a right to call witnesses to testify and cross examine the prosecutor’s witnesses. If your child enters a guilty plea, he or she waives all of those rights. Waiving your rights and hoping for the mercy of the court with a bargain lawyer or a court appointed attorney who will not take the time to fight for your child is a recipe for disaster. Don’t trust your child’s fate to the lowest bidder.

Should my child take a plea or go to trial?

We do not recommend making this decision without experienced legal representation from one of Michigan’s top law firms. LEWIS & DICKSTEIN P.L.L.C. has helps thousands of individuals facing retail fraud charges in the state of Michigan and can provide wise insight into what your next steps should be. Strong, aggressive legal representation is especially important in the case of retail fraud involving a minor because of what is at stake for that teenager or young adult. Even if your child does not want to have a trial, a good trial lawyer will know how to turn a strong defense into even stronger negotiating power.

Michigan Criminal Defense Attorneys

What about a situation where the evidence is overwhelming and there is no doubt about the defendant’s guilt. At LEWIS & DICKSTEIN, P.L.L.C. we have an unparalleled track record of achieving resolutions that do not appear on a person’s public record, even when there is unequivocal evidence of guilty. A conviction will negatively impact every aspect of their future, and we do not recommend leaving it to chance. Call LEWIS & DICKSTEIN P.L.L.C. at (248) 263-6800 to learn more about how to protect your child.

I’ve Been Accused of White Collar Crime – Now What?

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LEWIS & DICKSTEIN P.L.L.C. has stood by thousands of clients facing a wide variety of white collar crime, including cay difficult. Failing to hire experienced, aggressive legal counsel can ruin a person’s entire life, which is why you need to hire a great attorney, guilty or not.

I've been accused of White Collar crime

What are White Collar Crimes?

White collar crimes refer to any non-violent theft crime or form of fraud usually committed in finance. Common examples of white collar crimes include embezzlement, identity theft, conspiracy, bribery, tax evasion, trade secret violations, and others that are outlined in Michigan legislation 750.218. As evidenced by public figures going to jail for such crimes in the past, we see that no one is exempt from serving jail time if found guilty for these crimes. Although jail is imposed frequently for serious white collar offenses, the defense team with LEWIS & DICKSTEIN, P.L.L.C. has an unparalleled track record of keeping clients out of jail and prison, even when other lawyers believe there is no other alternative.

Should I plead guilty and accept a plea deal?

Before making decisions that will largely determine your future, we recommend contacting well a respected and aggressive Michigan criminal defense attorney who has decades of experience defending white collar charges in state and federal court. Accepting a plea deal may not be in your best interest and a “better” plea deal may be available with a highly effective lawyer. A seasoned attorney who has years defending individuals in your situation can help you explore, understand and decide between all of your legal options. Too many clients erroneously believe that by pleading guilty, they will somehow receive a lesser sentence, which is not necessarily the case. By pleading guilty, you not only risk your professional reputation but freedom as well.

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Where can I turn for help?

If you are facing charges for white collar crime, you are most likely feeling scared, vulnerable, and uncertain about the future. LEWIS & DICKSTEIN P.L.L.C. has represented thousands of individuals facing charges for white collar crimes. If you have become involved in white collar crime to some degree or you are accused of violating a white collar felony or misdemeanor, don’t trust your fate to the lowest bidder. Without judgment and always with respect, the lawyers with LEWIS & DICKSTEIN P.L.L.C. work closely with clients to protect their freedoms and help their lives back on the right path. Call us today for a free and confidential consultation at (248) 263-6800 or complete a Request for Assistance Form and an experienced criminal defense lawyer will promptly contact you.

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Revocation of Parentage Act

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The Revocation of Parentage Act of 2012 changed the outdated law regarding father’s rights in Michigan, protecting men from being “dads by default” in paternity and child custody cases. LEWIS & DICKSTEIN P.L.L.C. has represented fathers in felony child support cases who had no idea they were required to pay child support and in some cases, were not even aware they were fathers.

Revocation of Parentage Act

If you have found yourself in a similar situation, you cannot afford to forgo experienced, aggressive legal representation. Failure to pay child support can lead to excessive fines and/or a prison sentence. As one of Michigan’s most experienced legal firms, LEWIS & DICKSTEIN P.L.L.C. is here to prevent you from becoming financially liable for children who are not yours.

How did Michigan Law Change in 2012?

Prior to 2012, The Paternity Act of 1956 was enforced in cases of child custody and child support cases. Prior to 2012, biological fathers had virtually no rights. In an attempt to preserve the sanctity of marriage, the law stated that a married couple was presumed responsible for children, even if the woman was unfaithful to her husband, resulting in a child from a third man, the biological father. The woman’s husband, while not the biological father of the child, was held responsible for children who were not his. This outdated law resulted in numerous Michigan men being held accountable for providing child support for children who do not belong to them, simply because they are married to the mother. Additionally, biological fathers were stripped of parental rights, including contact with their children.

How does the Revocation of Parentage Act Protect Fathers?

The law was introduced in 2012 to take into account the changing landscape of families in Michigan and nationwide. Because of the change in law, parents can revoke or claim a father’s paternity. Under the Revocation of Parentage Act, fathers can request to have child support cancelled after finding out they are not the biological father. The Revocation of Paternity Act gives biological fathers who are not married to the biological mother a voice, granting the right to bring an action in court seeking to determine paternity of the child.

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LEWIS & DICKSTEIN P.L.L.C. Can Help You!

We are an experienced law firm that has helped biological fathers throughout the step establish fatherhood and claim rights granted under the Revocation of Paternity Act. We also represent fathers who are unsure whether they are legally responsible for children who were conceived during their marriage. Most importantly, if you are charged with a child support felony charge in Wayne County, Oakland County, Macomb County or anywhere in Southeastern Michigan, call us at (248) 263-6800 and we will find a way to help you! If you complete a Request for Assistance Form, we will promptly contact you directly.

Should I Request a Court-Appointed Attorney?

By | Criminal Defense Detroit MI, Criminal Defense Lawyer Southfield MI | No Comments

Facing charges for a crime is one of the most terrifying situations, regardless of whether or not the charge is a misdemeanor or felony. The accused has a few choices; enlist the services of a seasoned attorney or opt for a public defender to represent them, free of an up-front cost.

Michigan Criminal Defense Attorneys

At LEWIS & DICKSTEIN P.L.L.C., we have worked with dozens of clients who seek our help after finding themselves dissatisfied with the inattentive and sub-par representation of a public defender. Unfortunately, the adage “you get what you pay for” is true in the case of legal representation.

Does it matter who represents me?

Choosing a seasoned, reputable attorney to protect you is crucial, whether you face misdemeanor or felony charges for the first time or the third! We have heard from clients that their public defender fails to communicate, leaving phone calls and emails unanswered and leaving the client unaware of his or her own choices and personal rights. Other common complaints include that the lawyer does not fight to win, is disrespectful, is not knowledgeable, seems uninterested, refuses have meetings, and more. This is not to say that all court-appointed lawyers fit this description, many are very good but are limited by heavy dockets and lack of financial incentive.

Court Appointed Attorney

Because a public defender is court-appointed and chosen by the court or judge, clients forfeit the ability to choose a seasoned attorney with a strong reputation and someone who they feel they can trust. In fact, some public defenders are over-extended and will try to get clients to plead guilty to avoid going to trial, which requires more planning and investment on their end. The worst case occurs with judges who punish court appointed lawyers for fighting cases by removing them from “the list” or providing them less frequent work.

What should I look for in hiring legal representation?

Individuals who have no history with the legal process find themselves unsure of what to value in an attorney. Before hiring a bargain lawyer or accepting a court appointed attorney, consider whether or not lawyer specializes in cases, if they have a strong reputation, if their prior clientele vouch for the lawyer, and how is the lawyer rated with the various lawyer rating services. Be sure to ask whether your case will be handled by a lawyer who is familiar with your case or if you are going to be shipped off to an uninformed associate.

What if I can’t afford a lawyer?

It is worth researching attorneys in your area before assuming that you cannot afford a lawyer. While you may hesitate to set up a payment plan, consider what is at risk if you do indeed lose your case. Your reputable, finances, employment, family, and freedom are on the line. For this reason, we do not recommend cutting corners. Pick up the phone and call LEWIS &DICKSTEIN P.L.L.C. right now at (248) 263-6800. With years of experience on our side, we can help devise a defense strategy that will minimize the potential damage on your life.

Michigan Criminal Law

When deciding whether a lawyer is affordable, you have to not only consider the amount of the fees but also ask the question, “what is the cost of not hiring a good attorney?” If the outcome of the case does not go as well as it could and jail is ordered or a conviction is entered when that result could have been avoided? What will be the cost to the defendant in terms of lost employment, time away from family, deportation, damage to reputation, inability to go to college or get a professional license? Odds are good that the “cost” of an unnecessary jail sentence or conviction is far greater than the difference in cost to hire a really good lawyer.

Is a court appointed lawyer free?

A court appointed lawyer is not free, there is just not an up-front fee. The court will force the defendant to reimburse the court for the cost of the court appointed attorney as a condition of the sentence. Failure to make a payment can be a violation of probation. The fee for the court appointed attorney will be a fraction of the cost of a retained lawyer; however, the quality of the representation may also be a fraction of what it would be with a seasoned, experienced and zealous private attorney.

Top Legal Representation for Felony and Misdemeanor Cases

Top Rated Michigan Criminal Defense

The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. is widely known and respected for having an unparalleled track-record of successfully and zealously representing client. We use a unique team approach with several seasoned criminal defense lawyers who collaborate on every file to achieve the best possible outcome. If you or someone you love is charged or being investigated with a misdemeanor or felony charge, please call us today at (248) 263-6800 or complete a Request for Assistance Form and an experienced, retained lawyer will promptly contact you.

New “Good Samaritan” Drug Overdose Protection Laws

By | Criminal Defense Detroit MI | No Comments

New “Good Samaritan” Drug Overdose Protection Laws

Drugs, particularly opioids, are an ever-growing scourge on the people of Michigan. As families, law enforcement, and the courts continue to grapple with this epidemic, the state legislature has created new legislation that attempts to provide protection against future overdoses. Beginning this year, the state instituted what are known as Good Samaritan laws which provide immunity to individuals seeking to prevent the death themselves or others. This change is an expansion of a 2015 law that extended similar protections to people under 21.

Drug Possession Charges in Novi MichiganWho is Protected?

With Public Acts 307 and 308, Michigan changed its statutes that criminalize the use and possession of controlled substances. Now, in the event that a person requests emergency medical assistance for a possible overdose, the state is precluded from bringing certain criminal charges. The new laws are not a blanket protection and the language is specific about who can be granted the immunity. The following conditions apply:

  1. The amount of drugs can only be “for personal use.”
  2. The person granted immunity must be seeking medical attention for himself, being presented for attention, attempting to procure medical attention for someone else, or accompanying someone who requires medical attention.
  3. The law only prevents the use evidence collected as a result of the emergency call in any prosecution against the individual(s) for possession or use of controlled substances. Those people may still be charged with other crimes.

Potential Issues

While the legislative intent is admirable, there are several reasons one should consult an attorney. The police and prosecution may be unaware of the change to the law and there is plenty of room for interpretation. For example, the person seeking immunity may need to demonstrate the reasonableness of the emergency call.

MCL 333.7403 (possession) and MCL 333.7404 (use) define “drug overdose” as “a condition including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, mania, or death, that is the result of consumption or use of a controlled substance or a controlled substance analogue or a substance with which the controlled substance or controlled substance analogue was combined, or that a layperson would reasonably believe to be a drug overdose that requires medical assistance (emphasis added).”

There may be a question of fact related to whether the person seeking medical attention reasonably believed there was a drug overdose that required medical attention. If the situation is ambiguous, the prosecution could bring charges. Additionally, the “personal use” amount requirement for immunity could produce a similar problem if there are questions about how much was discovered, where, and when. A seasoned attorney knows how to anticipate these problems and address them at the earliest possible stages.

Talk with a Professional

If you have had police conduct as a result of an overdose or possible overdose, you should speak to an attorney immediately about any potential criminal liability. The criminal defense attorneys at LEWIS & DICKSTEIN, P.L.L.C. have decades of experience handling drug charges in Oakland County, Wayne County, Macomb County and throughout Michigan. They will discuss your potential options, like the Good Samaritan laws or 7411, as well as the plethora of potential pitfalls. To contact them, call (248) 263-6800 or by complete a Request for Assistance Form and one of the firm’s criminal defense attorneys will be be in touch.

A Big Week at LEWIS & DICKSTEIN, P.L.L.C.

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A Big Week at LEWIS & DICKSTEIN, P.L.L.C.

This last week has been a tremendously successful one for the firm of LEWIS & DICKSTEIN, P.L.L.C. In two separate cases the firm obtained outstanding outcomes for its clients, two people whose lives were put in jeopardy by serious criminal allegations.Michigan Criminal Defense - CourtIn the first case, an out-of-state engineer was charged in an Oakland County district court with operating a motor vehicle while intoxicated (OWI). His work requires that he travel back and forth to Canada and a conviction for this charge was sure to have a devastating impact on his job and life. Although Ontario is just over the river, most people are unaware of the serious complications a drunk driving conviction can create for those who need to travel across the border. Even a lesser charge like operating while visibly impaired (OWVI) is viewed as a more serious crime by Canadian jurisdictions and the Canadian Border Services Agency. After a long, drawn-out battle representing the man, one of LEWIS & DICKSTEIN, P.L.L.C.’s senior criminal defense attorneys managed to secure a plea to a misdemeanor reckless driving charge, a non-alcohol related offense, and the dismissal of the original OWI. The client is now free to travel for his job without worry of the obstacles that a drunk driving conviction would create in his life and career.
Another case before a Wayne County district court involved the firm representing a man facing the charge of operating while under the influence of drugs (OWID). The firm went to battle for its client. On the eve of the last court date, a final jury trial settlement conference following a long period of aggressive negotiations, LEWIS & DICKSTEIN, P.L.L.C. convinced the prosecution to drop the charge and allow the young man to plead to a loitering charge under diversion, meaning ALL CHARGES WILL BE DISMISSED upon successful completion of a short probation.

If you have been charged with a crime in Oakland County, Wayne County, Macomb County or elsewhere in Michigan, call LEWIS & DICKSTEIN, P.L.L.C. at (248) 263-6800 or complete a Request for Assistance Form to speak with an attorney. You need an attorney fighting for you who will deconstruct the prosecution’s case against you, counsel you, and communicate on your behalf. A criminal conviction can have catastrophic consequences on the life you have built and you owe it to yourself to hire the best possible legal defense.