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Friday, May 19, 2017

DRUNK DRIVING IN MICHIGAN SIMPLIFIED - PART THREE


So far in our series we have discussed some of the pertinent aspects of a Michigan drunk driving case leading up to the Pre-trial stage. This court date is required to be attended by both the attorney and client.

Initially, when the drunk driving stop occurred, the police officer, in addition to observing your driving prior to the stop, will have, upon contact with the driver, a number of things to memorialize in a report.


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Thursday, May 4, 2017

DRUNK DRIVING IN MICHIGAN SIMPLIFIED - PART TWO


After you have received your drunk driving citation and have met, discussed and retained my firm to represent you, the next step in the process will be "court".

In this article we will look at the court system and how it relates to your situation. The process is somewhat different for different crimes...


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Tuesday, April 25, 2017

DUI IN MICHIGAN: THE WINNING APPROACH


Some surprising numbers suggest we might first start by defining what we mean by "winning". Amid all the bluster you hear when you read attorney profiles, after all the promises are made, the numbers do not lie. 

Approximately 1 in every 1300 drunk driving cases that go to trial in Michigan every year are winners. These statistics do not change much year over year and suggest that trying the drunk driving case in Michigan is in the vast majority of cases..


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Tuesday, April 11, 2017

HEROIN NOW BEING CUT WITH ELEPHANT TRANQUILIZERS CAUSING AN EXPLOSION OF DEATHS


When drug dealers started cutting Heroin with Fentanyl the death toll from overdoses rose sharply. And, as this was not bad enough, the escalation of the stakes just rose again with the introduction of a new opiod analog called carfentanil.

It's an elephant tranquilizer.

It is 100 times stronger than fentanyl and 10,000 times more potent than morphine. Carfentanil is the strongest opiod used on the comercial market.


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Thursday, March 30, 2017

I'M NOT BLOWIN INTO THAT!!! LIFE AFTER A BREATH TEST REFUSAL


If you have been unfortunate enough to be in a situation where a police officer is asking you to blow into a device after he/she has observed your driving, there are a number of scenarios that can play out.

Clearly in this situation something has alerted the police to the fact that your driving might be impaired (or worse) by drugs or alcohol. Of course the first thing they will do is observe your demeanor, mannerisms, eyes, breath, speech upon making contact with you on the side of the road or whatever public thoroughfare you happen to be on.

And, as is contained in nearly every drunk driving police report I've read in over twenty five years of practice, the officers observations will go something like this, "Upon contact with ..


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Wednesday, March 15, 2017

MICHIGAN DRIVERS LICENSE RESTORATION VS. PROBATION/PAROLE


In the world of DAAD hearings, "sobriety" is the king of all priorities, however, right below that priority (or perhaps on equal footing with sobriety) is the length of sobriety!

A not so obvious correlation exists between DAAD requirements (rules) and being on probation/parole. Many wanna be petitioners ask me why aren't they eligible to petition for a license, after all, they just served ten years in prison and have successfully completed, say, three out of four years of parole. While the individual may be proud of this accomplishment (and rightfully so), the very problem lies within this "status".

Their thinking is, "I've been in this environment (prison) where no alcohol is allowed and now i am serving out a period of parole without any violations or problems, what is the hang up??" The hang up is this; the DAAD hearing officers look at this situation a bit differently. The thinking goes something like this: While the individual is in prison there are rules governing everything the person does from the time they wake up till the time they go to sleep.


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Monday, March 6, 2017

COULD OPIOID/PAINKILLERS BECOME A PROBLEM IN YOUR HOUSEHOLD?


According to a recent study, you are more likely to become a long-term opioid/painkiller user if  you are treated by a doctor who regularly prescribes those drugs.

Emergency room patients are at greater risk for long term opioid use even after just one prescription from an ER doctor who regularly prescribes these painkillers. According to the study, patients who are treated by frequent prescribers also are 30 percent more likely to develop long term use over the next year.

One out of forty-eight people newly prescribed an opioid will become a lone term user. If a person visits a high prescribing doctor his/her chances of getting an opioid prescription are three times higher.


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Wednesday, February 22, 2017

EVALUATING THE MICHIGAN DRUNK DRIVING ATTORNEY


Being the recipient of a drunk driving citation in Michigan can be one of the lowest points in a persons life. In addition to not feeling very good about yourself, there will be many questions you need answers to concerning your situation.

CALL ATTORNEY MARTIN LIEVOIS.

By calling  attorney Lievois your have put yourself in the best possible position to effectively address your Flint drunk driving charge. I have handled countless drunk driving cases in various Counties and Cities throughout Michigan.


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Thursday, February 2, 2017

SMOKING YOUR OWN OR SHARING; MISDEMEANOR OR FELONY??


I cannot tell you how many police reports I have read that read something like this..."I was just taking this joint over to share with a friend" or "we were smoking a joint and then..


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Wednesday, February 1, 2017

Misdemeanor Marijuana Charges In Michigan


Were you aware that in Michigan there are different penalties for misdemeanor marihuana charges depending on who the arresting agency is? That's right, if you happen to get pulled over by a State Trooper or County Sheriff , your penalties are going to be different than if your run-in is with a local city, township or village police officer (eg. Flint, Burton, Grand Blanc, etc...).


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Wednesday, September 30, 2015

Understanding the Varying Degrees of Theft and Property Crimes in Michigan

What are the penalties for shoplifting in the state of Michigan?

Theft and property crimes can vary in severity and maximum sentence, depending on the nature of the item stolen and any extenuating factors present at the time of the incident. Generally, the more valuable the item(s) stolen, the greater the possible punishment. Likewise, the presence of any aggravating factors (e.g., force, injury, extensive damage) could increase the possible sentence as well. The following explains some of the most common Michigan property crimes, which are found in Chapter 750 of the Michigan Penal Code.

Larceny

Larceny is the legalistic term for theft, and is simply defined as the “stealing [of] any of the…. property of another person.” The severity of the larceny charge will depend on the value of the item stolen, and a defendant could face a felony larceny charge –punishable by up to 10 years in prison if the item is valued at $20,000 or more, or the person has a history of prior larceny charges. If the item is valued at between $1,000 and $19,999, the maximum felony larceny sentence is five years in prison. By contrast, if the item is valued at $ 200 or less than $1,000, the larceny crime is a misdemeanor punishable by no more than one year in prison.

Each larceny offense carries a significant financial penalty as well. For the highest felony larceny crime, the offender could face a fine of not more than $15,000.00 or 3 times the value of the property stolen, whichever is greater.

Shoplifting

Known as “retail fraud,” there are three degrees of shoplifting crimes on the books in Michigan. Retail fraud in the first degree involves theft of retail items valued at $1,000 or more is considered a felony, and is punishable by imprisonment up to five years and a maximum fine of $10,000 or three times the value of the item stolen – whichever is greater.

Second degree retail fraud involves the theft of items valued between $200 and $1,000, and is considered a misdemeanor in Michigan, punishable by up to one year in jail  and a fine equal to or greater than $2000, or three times the value of the stolen goods. Lastly, third degree retail fraud of items less than $200 (also a misdemeanor) is punishable to up to 93 days of jail time and/or a fine equal to the $500 or three times the value of the stolen goods, whichever is greater.

There are a number of additional theft crimes under the Michigan Penal Code. If you are facing a charge of larceny, shoplifting, or any other property crime, please contact Martin T. Lievois 248-419-1566 or 810-250-4550 to obtain the most aggressive defense possible.


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