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Criminal Law

metrodetroitlawfirm > Criminal Law

Utah v. Strieff, The Exclusionary Rule and What it Means For Your Rights

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In June of 2016, the United States Supreme Court issued their opinion about a 2006 Salt Lake Utah case where a man was convicted of possession of drug paraphernalia and methamphetamine.  This ultimately changed the scope of what was known as the Fourth Amendment exclusionary rule.  So what does this have to do with your rights?  First let's discuss exactly what the Exclusionary Rule is along with the rational behind it. The Exclusionary Rule is a legal principle which holds that evidence that was collected in violation of an individual's rights can be held inadmissible in court.   Also known as the...

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Expunging a Michigan DUI (OWI)

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As a Michigan Expungement Attorney, I can't even count the amount of times that I receive a call from someone who is desperately  trying to expunge a DUI (referred to in Michigan as an OWI or OWVI). While in 2015, Michigan law made getting expungements or setting aside convictions much easier,  the new law specifically precludes any traffic offense including drinking and driving offenses.  This means that there is NO WAY to legally expunge a DUI in Michigan.  You can read the statute for yourself here. While you cannot expunge the offense, there are some ways to limit your exposure of your conviction....

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Why You Never Consent To A Search

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As a Michigan Criminal Defense attorney I am sometimes asked whether or not someone should consent to searches.  Many people believe that if you do nothing wrong, you have nothing to hide.  Unfortunately, that isn't always the case.  One Florida man discovered this the hard way after being arrested after an officer mistakes flakes from crispy cream donuts for Meth! The craziest part about this story is that according to the officer the donut flakes tested positive for an illegal substance in a field test.  These $2 field tests are often incorrect and one of the many junk science tools that...

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