David G. Moore Attorney At Law
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(Kalamazoo and Southwest Michigan)

Kalamazoo Michigan Criminal Defense Law Blog

Drunk driver suspected of killing Saginaw tow truck driver

In an ongoing investigation, a 49-year-old Bridgeport Township woman has been jailed while awaiting charges on allegations that she fatally struck and killed a tow truck driver while driving drunk.

At approximately 10:26 p.m. on Wednesday, January 10, the tow truck driver was loading a disabled vehicle onto his flatbed truck. It was at that time that he was struck by a Jeep Cherokee driven by the 49-year-old woman. He was pronounced dead at the scene, and she was taken into custody. If found guilty, she could formally be charged with operating a vehicle while intoxicated causing death. In the state of Michigan, this charge holds a sentence of up to five years in prison and a $1,000 to $5,000 fine.

The Michigan Adult Drug Treatment Court Program

With the drug epidemic sweeping our nation today, prisons have become overcrowded. This problem has forced states to come up with their own alternative solutions to imprisonment for lesser crimes. One of the alternative forms of punishment and rehabilitation for misdemeanor and non-violent drug charges in the state of Michigan is the Adult Drug Treatment Court Program.

In order to become a participant in this program, a Defendant must plead guilty to his or her charge. The Defendant will be represented by an attorney throughout the plea process. His or her attorney may file to dismiss the conviction upon successful completion of the program. Participants may also be Department of Corrections probationers or parolees who were sentenced to participation in the program as a requirement of probation or parole.

Underage drunk drivers are not treated with kid gloves

Michigan is very serious about keeping drunk drivers off the road, and state legislators believe that the penalties for underage drunk driving offenders should be significant.

There is a zero tolerance attitude in this state, meaning that a driver under the age of 21 who registers a blood alcohol content as low as 0.02 percent can be charged with a DUI (also known as OWI).

Michigan armed robbery and theft defense

A Sherwin-Williams paint store in Emmett Township was robbed on December 9, 2017 by an armed man who fired a shot into the ceiling, and escaped with money. The suspect entered the store wearing a ski mask.

If someone is charged with armed robbery and/or theft in the state of Michigan, the first thing needed will be an aggressive, experienced criminal defense attorney. Michigan takes these charges very seriously, and can impose very lengthy sentences, up to life in prison. It is best that a defendant in these types of cases not even speak with police until a lawyer is present, so as to preserve any possible defense, and refrain from further incriminating themselves.

Controlled substance classifications and sentences in Michigan

Possession of a controlled substance is a serious criminal offense. However, it is likely the most common of any criminal charge due to the drug epidemic sweeping our nation today. Sentencing guidelines and drug classifications for these crimes vary from state-to-state.

Section 333.7403 of the Public Health Code adopted by Michigan Legislature sets out the sentencing and classification guidelines for a charge of Possession of a Controlled Substance by the state of Michigan.

Hartford man charged in fatal accident

A 22-year-old Hartford man faces charges of Moving Violation Causing Death after police said the pickup truck he was driving struck a bicyclist from behind. Though witnesses, including firemen, stopped to offer help, the bicyclist died at the scene. While the current charge is a misdemeanor, the accident is still under investigation and the charge could be upgraded.

Moving Violation Causing Death is somewhat of a controversial law in Michigan in that, due to recent revisions, it does not require a prosecutor to prove negligence. Therefore, it can be applied to anyone who commits a traffic violation, not just a reckless driver who caused a fatal accident. The only proof needed for the charge is a direct link between the driver and the injured.

Kalamazoo woman in jail, charged with operating while intoxicated

Jail time is the maximum penalty for driving offenses, as it pertains to the law. There are less severe consequences if a Michigan resident is convicted of a serious driving offense, like drunk driving, but it depends on whether or not a person is convicted or their specific situation.

One Michigan woman was recently arrested and sent to jail after being charged with operating while intoxicated. According to police, a man was driving a 2013 Chevy Camaro when he was rear-ended by a 2001 Mitsubishi SUV, driven by the accused. Once police met with the two, they determined that it was appropriate to arrest the woman for operating while intoxicated, driving on a suspended license and having no insurance on the vehicle, in addition to an outstanding warrant for her arrest. Luckily, no one was injured in the collision.

Key facts about white collar criminal charges

Though white collar crimes do not usually involve physical harm, they are still quite dangerous and, therefore, are held very serious by the courts. If you face accusations of a white collar crime, you face criminal charges that may come with significant penalties.

To prepare for such events properly, it is important to understand what they entail. There are a few key facts to know about white collar criminal charges.

Potential sentences if convicted or pleading guilty to crime

After a trial, or after pleading to a criminal accusation or charge, the next step in the legal process is sentencing. Sentencing is the process in which a person is reprimanded for the crime they were convicted of or pled guilty to. It can include a variety of charges ranging in severity. For violent crimes, sentencing for these type of crimes can be most severe. Many factors go into sentencing decisions and the sentence may be handed down by a judge or jury.

Depending on the violent crime one is accused of, there could be several outcomes. Whether or not the person is actually guilty of the crime is most important. From there, a person can build a criminal defense that best suits them. Consider that the best criminal defense may be to agree to a plea deal or to plead guilty. However this obviously isn't the best option for those who are not guilty of the crime they are accused of.

Those accused of DUI can build a legitimate criminal defense

Different people will reach or exceed the legal limit for drunk driving differently, so it's easy to see how someone could be pulled over and be charged with DUI. Whether it's your first DUI charge or you have been accused or convicted before, there are ways to build a legitimate criminal defense. Despite the evidence, everyone has a right to seek counsel and build a defense that tells their side of the story. The potential consequences can vary in severity for those who are ultimately convicted of drunk driving charges. Minimizing those consequences, or preventing a specific consequence, like a license suspension, may be goals of someone who is charged with DUI.

There are a few tactics for building a credible criminal defense that can be customized to a person's DUI charge. Litigation is one strategy, which is built around a defense in which a person was improperly handled or charged and thus it affects the evidence presented by the prosecution. Another tactic that may be more applicable to certain situations is about minimizing the damage that a DUI charge and conviction could have on the accused and their family. It might be a combination of these two tactics that are in fact the best criminal defense strategy for you or a loved one accused of DUI.

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