In Michigan a Defendant sentenced under the Holmes Youthful Trainee Act (HYTA) is potentially subject to probation, probation with a jail sentence,or a prison sentence. If the Defendant is sentenced to prison under HYTA, he or she can be sentenced to a flat prison sentence of up to 3 years.…
Michigan Criminal Attorneys Blog
Michigan to Allow Driver’s Licenses for DACA (Deferred Action for Childhood Arrivals) Participants
Michigan Secretary of State Ruth Johnson has decided to allow the issuance of Michigan Driver’s licenses and State IDs for DACA participants, beginning on February 19, 2013. Previously, Michigan was among a small number of States to resist allowing this to occur. Ruth Johnson, a Republican, changed her mind recently…
EB-5 Due Diligence Questions
There are hundreds of EB-5 Regional Centers approved by the USCIS, however the approval is not an endorsement that the investment itself is sound or that participation will lead to an I-526 and I-829 approval. It is wise for the investor to remember that the lawyer that he or she…
Miranda Rights
The typical Miranda Warnings read by a police officer when an individual is placed into custody include: You have the right to remain silent; Anything you say or do may be used against you in a Court of law; You have the right to consult with a lawyer before speaking…
Reduced Prison Sentences for Illegal Aliens
In Michigan, pursuant to Michigan Compiled Law 791.234b, a prisoner who has a final order of deportation against him or her by the United States Immigration and Naturalization Service may be paroled after serving at least 1/2 of the minimum sentence imposed by the Court. Persons who have been convicted…
What is ETG Testing
EtG (Ethyl Glucuronide) is a common urine test used by Courts to verify whether an individual on bond or probation has used alcohol in the past 3 to 5 days. EtG testing is usually performed at an outside agency which the Court deems reliable (such as JAMS, NOVA, DOTS, etc.). It…
Violation of Probation for Use of Drugs or Alcohol
A very common violation of probation allegation in Michigan and elsewhere is for using or testing positive for drugs or alcohol while on probation. The punishment for drug or alcohol related violation of probation can include one or a combination of any of the following: no sanction; added conditions of probation…
Alien with Extraordinary Ability
An alien with an extraordinary ability in the sciences, arts, education, business or athletics can petition for United States immigration benefits pursuant to the regulation at 8 C.F.R. 204.5(h)(3). The spouse and/or children of an alien with an extraordinary ability can also gain United States immigration benefits derivatively through the…
Dog Owner Responsibility
Responsible ownership of dogs, cats, and other pets is enforced by local communities. The standards of a particular city may vary from other communities, and it is up to the pet owner to make sure that he or she is in compliance with what is allowed. Some communities view the following as…
Parole in Michigan
The Michigan Parole Board is comprised of a ten member board, with each member appointed by the director of the Michigan Department of Corrections (MDOC). The Parole Board meets regularly to review cases and decide whether or not to grant applications for parole. Generally, in order to become eligible for…