A secured and safe vote thanks to new laws in Michigan

A secured and safe vote thanks to new laws in Michigan

Governor Whitmer Signs Historic Election Bills Package to Ensure Every Vote Can be Cast and Counted

In Case You Missed It

November 30, 2023

“Today, we are expanding voting rights and strengthening our democracy,” said Governor Whitmer. “Michiganders spoke clearly last year when they overwhelmingly passed Proposal 2, and now we are building on that effort. By banning deepfakes and AI in campaign advertisements, criminalizing violence towards election workers, and allowing souls to get to the polls, we are making our sure every Michigander’s vote is cast and counted.”

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

“This is a great day for democracy and for the people of Michigan,” said Secretary of State Jocelyn Benson. “I’m grateful to the Governor and to our legislative partners doing the thoughtful, collaborative work to make our elections safer and more accessible for all citizens. With these new tools we are well-prepared to administer secure and fair elections in 2024 and to preserve the strength of Michigan’s democratic process for future generations.”

Protecting Election Workers and Officials

House Bill 4129, sponsored by state Representative Kara Hope, guarantees protection under the law for Michiganders from the actions of intimidating an election official and preventing an election official from performing the official’s duties during an election and enforces a corresponding criminal penalty.

Senate Bill 505, sponsored state Senator Dayna Polehanki, would prescribe a maximum felony penalty of five years for individuals engaging in activity that would prevent or prohibit election workers from doing their jobs.

Improving Election Efficiency

Senate Bill 385, sponsored by state Senator Erika Geiss, amends Michigan Election Law making it easier for Michiganders to participate in the Democratic process as an election inspector by allowing them to file an application online, which will also save counties, cities, and townships money on paperwork.

“At the heart of our democracy is the essential right to vote. Today, with House Bills 4983 and 4695, we’re making it easier to exercise that right,” said state Representative Penelope Tsernoglou (D-East Lansing).  “These bills speak to our collective responsibility to uphold the democratic values that define us.

House Bill 4569, sponsored by state Representative Betsy Coffia, allows for preregistration of an applicant that is at least 16 years old but not older than 17 and a half, so that the Secretary of State can process their voter registration in that eligible election year. 

“Allowing young people to pre-register to vote — particularly while they’re learning about civics and the democratic process in school — will undoubtedly increase participation in our elections by ensuring when they are legally eligible to vote at 18, they will be all set to become a lifelong voter,” said State Representative Betsy Coffia (D-Traverse City)

Voter Registration

Senate Bill 594, sponsored by state Senator Jeremy Moss will expand voter registration options for citizens by allowing folks to register to vote using the last four digits of their social security number which is commonly used as a secure method in other areas of government.

House Bills 4983, 4984, 4985, and 4986 further expands Michigan’s automatic voter registration process.

House Bill 4983 requires the Secretary of State to register any person who applies for a license or ID card who is eligible to register to vote and to send that applicant a notice of registration with an instruction on how to decline that registration.

Don’t do what you do

House Bills 5143, sponsored by state Representative Matthew Bierlein, defines “artificial intelligence” under the Michigan Campaign Finance Act. 

“Artificial Intelligence is a rapidly evolving technology. As we go forward, it’s going to have an even greater impact on our elections process and how people consume political information leading up to elections,” said state Representative Matthew Bierlein (R-Vassar). “Transparency is crucial as this technology moves forward and I’m looking forward to working with my colleagues across the aisle on a bipartisan package to address these evolving concerns.”

House Bill 5144, sponsored by state  Representative Penelope Tsernoglou, makes it a crime for a person to knowingly distribute materially deceptive media generated by artificial intelligence if they do so with the intent of harming the reputation or electoral prospects of a candidate in an election occurring within 90 days and deceiving voters into falsely believing that the depicted individual engaged in the fake speech or conduct, and the distribution is reasonably likely to have that result.

House Bill 5145, sponsored by Representative Noah Arbit (D-West Bloomfield), adds a felony sentencing guideline for a person who violates House Bill 5144 more than once within five years.

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

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Cannabis – The Rise and Fall and Trail of Survivors Pile Up

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Thieves make off with 1,000 pounds of premium flower in cannabis from a corporate grower in Michigan. Then, the GM sells off 650+ pounds to pay employees.

The recent theft of over 1,000 pounds of marijuana from 305 Farms, a corporate cannabis grower in West Michigan, has raised serious concerns in the industry.

This incident, which involved more than $600,000 worth of product, occurred at the farm’s expansive 39-acre facility in Lawrence, located about 30 miles west of Kalamazoo.

Investigations suggest that individuals with insider knowledge may have played a role in the crime. Like many cultivators across the state, 305 Farms has been facing significant challenges in this competitive market.

In July 2024, a group of employees filed a lawsuit against the company, claiming that it had failed to compensate them for thousands of dollars in wages owed.

The oversaturation of Michigan’s legal cannabis market has led to historically low prices, creating significant hurdles for cultivators trying to thrive in this challenging landscape.

A few days later and this happens…

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Michigan cannabis manager decisively sells off the harvest to resolve overdue payments to staff.

Oct 28, 2024 – The general manager of 305 Farms is currently under scrutiny for possible criminal charges related to the sale of over 660 pounds of cannabis, with nearly $270,000 in proceeds allegedly utilized to pay his employees for outstanding wages.

Employees allege that the company indicated termination would be a consequence for not returning the funds from the sale as 305 Farms has faced a considerable reduction in its workforce over the past year.

Allegedly they have been enduring a work environment characterized by threats, humiliation, lack of compensation, and excessive stress.

Via hearsay it is alleged that the company owed more than an estimated $1 million in unpaid wages beforethe GM’s defiant sale. 

There will be more to come.

Disclaimer: This article provides a general overview, or opinions and does not substitute for legal advice.  As with any law it can change or be modified and research should be done before you rely on any information provided on the internet. Although we make all attempts to link relevant laws these laws can often be gray and corrupted to fit a narrative. Anyone charged with any alleged crime should consult an attorney for specific legal guidance. Articles may be 3rd party or contain opinions and information that do not reflect the current stance of Komorn Law.

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What does Recidivism mean?

In legal contexts, recidivism refers to a person’s relapse into criminal behavior, often after having been previously convicted and penalized for similar or other crimes.

When someone re-offends, they are described as a “recidivist.” Recidivism is a critical metric for evaluating the effectiveness of the justice system, particularly in rehabilitation and deterrence efforts.

The rate of recidivism is often used to determine how often released individuals commit new crimes within a certain timeframe, such as within three or five years.

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Recidivism data is essential for policymakers, who use it to evaluate the impact of sentencing practices, parole guidelines, and rehabilitation programs. A high recidivism rate might suggest that existing measures are insufficient to prevent re-offense, while a lower rate might indicate effective rehabilitation practices.

The legal system categorizes recidivism rates by different types of offenses. For example, studies show that property crime offenders may have higher rates of re-offense compared to violent crime offenders. This information helps tailor criminal justice reforms to address specific challenges posed by different types of crimes.

Here is a case example

Michigan COA Opinion – Mason

Disclaimer: This article provides a general overview and does not substitute for legal advice.  As with any law it can change or be modified and research should be done before you rely on any information provided on the internet. Although we make all attempts to link relevant laws these laws can often be gray and corrupted to fit a narrative. Anyone charged with any alleged crime should consult an attorney for specific legal guidance.

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Your Past Charges Could Affect Decisions for New Charges

Your Past Charges Could Affect Decisions for New Charges

Michigan Court of Appeals – PEOPLE v. JAMES THOMAS MASON, JR.

Jail vs Probation

In People v. James Thomas Mason, Jr., the Michigan Court of Appeals dealt with whether the district court could reasonably depart from the usual “no jail, no probation” presumption for a non-serious misdemeanor conviction, which in this case was driving with a suspended license (DWLS).

The district court sentenced Mason to a 93-day jail term, reasoning that his past offenses indicated a high risk of repeat offenses (recidivism), risk to public safety, and limited potential for rehabilitation.

Mason challenged the sentence, arguing it was harsher than necessary, given that DWLS is generally not considered a serious misdemeanor under Michigan law.

The district court justified its departure by pointing to Mason’s history of drunk driving and other recent charges, including domestic violence.

However, Mason argued that the sentencing was unfairly influenced by a local policy that often imposed jail or probation for similar cases, suggesting a lack of individualized consideration. In his appeal, Mason requested that if resentencing were ordered, a different judge should oversee it to avoid any perceived bias.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

The Michigan Court of Appeals upheld the district court’s decision, finding no abuse of discretion.

The appellate court ruled that the sentence was justified given Mason’s history and that there was no clear evidence of a rigid local policy affecting the court’s sentencing choice. The court also stated that the district court adequately recorded its reasoning, supporting the sentence’s proportionality to the offense and the defendant’s background.

This case thus highlights the balance between standard sentencing guidelines and individualized sentencing based on a defendant’s criminal history.

For more detailed information, you can refer to the PDF here.

Michigan COA Opinion – Mason

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Can I be arrested for flying a drone in Michigan?

Can I be arrested for flying a drone in Michigan?

Someone asked us… Can I be arrested for flying a drone?

As we have seen … They can charge you and arrest you for whatever they want. 

But Can I Be Arrested or Fined for Flying a Drone?

Yes, you can be arrested or fined for breaking Michigan’s drone laws. Under MCL 259.322, it is illegal to operate a drone in a way that interferes with law enforcement or emergency operations. Flying a drone over prisons, for example, is strictly prohibited. Violating these laws could lead to arrest, fines, or both.

Additionally, you could be fined for invading someone’s privacy with your drone.

MCL 750.539j makes it illegal to use a drone to photograph or record people in places where they have a reasonable expectation of privacy, like their home. The fine for this offense can vary, but violating privacy laws is a serious matter.

Can My Drone Be Taken Away?

Yes, if you are caught using your drone in a prohibited or dangerous manner, law enforcement may confiscate it.

For example, if you’re flying near critical infrastructure or in restricted airspace, your drone may be seized as “evidence” of the violation.

Use You Right To Remain Silent

If you have been accused or charged with a crime.
Say nothing to anyone. Talk to us first.
Our firm is experienced in both State and Federal courts defending clients.

CALL NOW

Do I need to Register my Drone?

FAA Drone Registration Requirements:

Drones Weighing More than 0.55 Pounds (250 grams): If your drone weighs more than 0.55 pounds (250 grams) and less than 55 pounds (25 kg), you must register it with the FAA before flying it outdoors. This applies whether you are flying for recreational or commercial purposes.

Drones Used for Commercial Purposes: If you’re flying your drone for commercial reasons, even if it weighs less than 0.55 pounds, it must still be registered under the FAA’s Part 107 regulations. Additionally, as a commercial drone operator, you will need a Remote Pilot Certificate.

Drones Weighing Over 55 Pounds: If your drone weighs more than 55 pounds, additional FAA regulations apply, and registration is mandatory.

Do I Need to Be Licensed?

If you’re flying a drone for commercial purposes, you must have an FAA Part 107 Remote Pilot Certificate. To get this, you’ll need to pass a knowledge test administered by the FAA.

If you’re flying for recreational purposes, you don’t need a license, but you must follow FAA safety guidelines, including flying below 400 feet and keeping the drone within your line of sight.

Do FAA Laws Supersede Local Laws?

Yes, Federal Aviation Administration (FAA) laws take precedence over state or local drone regulations.

This means that federal rules about airspace, drone registration, and licensing apply across the country, including Michigan. However, local laws that don’t conflict with FAA rules—like those concerning privacy or property—can still apply.

Michigan State Laws:

In Michigan, there are no separate state registration requirements for drones beyond the FAA’s regulations. However, local ordinances may still apply, particularly regarding where you can fly the drone, so it’s important to check local rules.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Do I need to have a pilots license if I build a drone I can ride in?

The above question is really what triggered this article and the picture.

If you build a drone that you can ride in, you would most likely need a pilot’s license to operate it legally, because it would be considered an aircraft under Federal Aviation Administration (FAA) regulations.

The FAA categorizes any manned or unmanned aerial vehicle capable of carrying passengers as an aircraft, and specific rules apply depending on its size, weight, and purpose.

Key Points to Consider:

FAA Certification: If the drone is capable of carrying people, it falls under stricter FAA regulations than standard hobbyist or commercial drones. You would likely need to obtain a Private Pilot’s License (PPL) or another applicable certification, depending on the size and capabilities of the aircraft.

Aircraft Certification: Your personal drone would also likely need to meet the FAA’s certification standards for safety. This would involve testing, inspections, and possibly approvals for experimental aircraft if it is custom-built.

Operating Rules: Manned drones would have to comply with the same operating rules as other aircraft, such as airspace restrictions, altitude limits, and safety regulations. You would also need to follow air traffic control instructions when flying in controlled airspace.

Michigan Laws: In addition to FAA rules, you must comply with Michigan’s laws about aviation, such as MCL 259.80, which covers general aviation regulations in the state. These laws include provisions for safe operation, interference with other aircraft, and operating near public spaces.

Bottom Line:

Building and flying a drone that you can ride in is a serious undertaking that involves federal and state regulations. You would almost certainly need to be a licensed pilot and have your drone certified for safety by the FAA before legally flying it. Make sure to consult with aviation experts or the FAA for guidance on licensing and compliance.

Better call a fighting lawyer and prepare to pay for it. Could be more cost effective for your future and cheaper than sitting in jail.  You don’t make money there. They do.

Disclaimer: This article provides a general overview and does not substitute for legal advice.  As with any law it can change or be modified and research should be done before you rely on any information provided on the internet. Although we make all attempts to link relevant laws these laws can often be gray and corrupted to fit a narrative. Anyone charged with any alleged crime should consult an attorney for specific legal guidance.

DRONE NEWS – DEC 2024

Jersey cops launched into the night sky with catapults to throw dreamcatchers at the unknown drones to entangle their props and bring em down! – Might as well.
—————————————
Drone updates: ‘Something’s going on,’ New Jersey mayor says
——————————
According to the Department of Defense News 12/14/24
https://www.defense.gov/News/News-Stories/Article/Article/4002374/joint-staff-addresses-drones-over-new-jersey-military-installations/

Right now, the FBI, DHS, FAA and DOD have been unable to determine who is responsible for flying the drones, and there’s no indication that there are adversary nations involved.

“To date, we have no intelligence or observations that would indicate that they were aligned with a foreign actor or that they had malicious intent,” the spokesperson said. “But … we don’t know. We have not been able to locate or identify the operators or the points of origin.”
————————————

Darrrrrr – Watch this and try to believe it.

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