CRA Executive Director Hanna Applauds Whitmer’s FY25 Budget

CRA Executive Director Hanna Applauds Whitmer’s FY25 Budget

No Evidence of Widespread Discriminatory Policing Practices

Never Ending Quest

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DUI for Alcohol or Marijuana or Prescription Drugs - Fight it

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Your Tax Dollars at Work: State pays $13M settlement for active shooter drill

Your Tax Dollars at Work: State pays $13M settlement for active shooter drill

Your Tax Dollars at Work

State pays $13M settlement for unannounced active shooter drill at Northville Township psychiatric children’s hospital

Someone Missed the Memo

NORTHVILLE TOWNSHIP, Mich. – The state has agreed to pay $13 million to patients and staff of a state child psychiatric hospital who say they were terrorized by an unannounced active shooter drill that gained national attention.

The Hawthorn Center was a state-run psychiatric hospital for children in Northville Township, Michigan (the facility has since closed). On Dec. 21, 2022, the center conducted an active shooter drill. Patients and most of the staff were not informed ahead of time. Four law enforcement agencies who responded to panicked 911 calls from inside the hospital weren’t notified of the drill, either and responded as if the threat was real.

When patients and employees saw dozens of heavily armed police outside the psych hospital, they were convinced armed intruders were roaming their halls. The Michigan Department of Health and Human Services, which operated the Hawthorn Center, has not admitted to any wrongdoing. The Hawthorn Center employee who planned the drill continues to work for MDHHS. Hawthorn Center patients and staff have been relocated to Walter Reuther State Psychiatric Hospital in Westland.

Have your rights been violated?
Have your driving priviledges been revoked?
Has your professional license been suspended?
Second Amendment rights taken away?
Have you been charged with a crime?

Call our office to see if we can help
Komorn Law  248-357-2550

DUI for Alcohol or Marijuana or Prescription Drugs - Fight it

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Laws passed by Michigan lawmakers in 2023 will take effect

Laws passed by Michigan lawmakers in 2023 will take effect

Several new laws passed by Michigan lawmakers in 2023 will take effect on Tuesday, Feb 13, 2023

Making use of the first combined Democratic majority in the state House, Senate, and governor’s seat in decades, legislators have the numbers and have successfully approved by a wide range of bills from their agenda.

As we move into February 2024, we look at the implementation of significant laws, regulations and loss pertaining to gun safety, the minimum wage, LGBTQ+ protections, the “right-to-work” policy, and more.

This progress reflects the power of our elected officials hold to create their vision of a more inclusive, divided and forward-thinking society. Several of these new laws will take effect on Feb. 13, 2024, unless otherwise noted.

Gun Laws

Following mass shootings state lawmakers quickly passed a series of bills related to firearms in an effort to address gun violence.

Lawmakers aimed to address the issue of gun violence with a comprehensive approach, passing legislation that encompasses a red flag law, requirements for firearm storage, and universal background checks for purchasing firearms.

These bills, all successfully passed and signed into law by Gov. Whitmer, cover various aspects of these vital topics, with the exception of one bill related to red flag laws.

Here’s what’s taking effect

Red Flag Laws

Several bills were passed in Michigan to establish extreme risk protection order laws, also known as red flag laws.

These laws were manifested to help prevent a person in distress or crisis from using a firearm to harm themselves or others.

The laws don’t seek to take firearms away from gun owners who aren’t dangerous or in distress as defined by…

Bills

Firearm Storage Laws

Law abiding Michigan citizens will now be required to keep a firearm stored or unattended on a premises unloaded and locked, either with a locking device or stored in a locked container, if it is “reasonably known that a minor is or is likely to be present on the premises.”

There are a variety of penalties for violating this requirement.

Bills: 

Gun Safety

The costs of gun safety devices will be lower to allow access products needed to safely store firearms. Right…

Bills: 

 

Background Checks

Background checks related to anyfirearm purchases will now expand to all firearm purchases, from handguns to long guns.

Bills: 

Domestic Violence Regulations


Gov. Whitmer signed legislation that prohibits individuals convicted of a misdemeanor related to domestic violence from possessing firearms for at least an eight-year-period.

Previously Michigan law only prohibited those convicted of felony domestic violence from possessing firearms.
 
Bills

LGBTQ+ civil rights protections

Gov. Whitmer signed legislation that expands the state’s Elliott-Larsen Civil Rights Act to include legal protections for sexual orientation and gender identity and expression.

Initially passed in 1976, the act prohibits discriminatory practices, policies, and customs based on religion, race, color, national origin, age, sex, height, weight, familial status, or marital status. The act will now expand to include protect sexual orientation, gender identity, and gender expression from discrimination.

Bill

You Don’t Have the ‘Right-to-Work’ Law is Law

Passed in 2013, the right-to-work law prohibited unionized workplaces from mandating employee payments of union dues and fees. The law posed restrictions on unions, sparking opposition from union supporters in 2012.

Michigan is the first state in 58 years to do so. The repeal is seen by many as a victory for organized labor at a time when union membership has been on the decline.

Whitmer said the move would “restore workers’ rights, protect Michiganders on the job, and grow Michigan’s middle class.”

Now you have no control how your dues and fees and fees for the priviledge of paying those fees will be allocated. If you don’t know what that entails then by all means don’t worry about it.

Bill

Komorn Law is Michigan’s top cannabis law firms when it comes to any criminal allegations regarding cannabis.

In a sticky situation? Call our office (248) 357-2550

Prevailing wage law reinstated

A law that was repealed in 2018 is set to take effect once again in 2024. Whitmer has signed legislation that restores a prevailing wage law, commonly referred to as the prevailing wage law, which mandates that contractors hired for state projects must pay wages comparable to those of unions.

Bill:

More Abortion Barriers Removed

Abortion was legalized in Michigan after voters approved a constitutional amendment in 2022. Democratic lawmakers and state leaders persist in their efforts to remove any remaining obstacles to abortion care and access.

At the end of November 2023, Gov. Whitmer signed into law the Reproductive Health Act, which is comprised of eight separate bills.

According to the governor’s office, the package was designed to repeal “politically motivated, medically unnecessary statutes that criminalized nurses and doctors, forced health care providers to close, raised costs for patients, and restricted access to abortion.”

Here’s what the governor’s news release said

  • Repeals Michigan’s TRAP Laws, which are designed specifically to close abortion providers. These medically unnecessary and burdensome restrictions have nothing to do with a clinic’s ability to deliver care. They include rules about hallway width, ceiling heights, HVAC systems, and janitor’s closets. These restrictions jack up costs, especially for independent clinics, and have decreased the number of providers available to Michiganders, especially in Western and Northern Michigan.
  • Repeals an old, outdated law from 1931 that would have criminalized nurses and doctors for prescribing medication abortion including mifepristone. Medication abortions are the most common way abortions are performed and have been safely used for decades. While other states restrict access to these pills, the passage of the RHA ensures Michigan providers and patients will have every option available.
  • Ensures students at Michigan public universities have access to accurate information about all their reproductive health options. Young adults deserve the same medical choices that every other patient gets. For too long, students at Michigan universities could be denied access to information about their options—including abortion—depending on where they went to college.
  • Repeals the law that forced patients to buy a separate insurance rider for abortion. Effectively, the law forced people to pay more out of pocket just in case they were assaulted.

Bills:

Repeal of third-grade reading law takes effect

Starting in 2024, third-grade students in Michigan will no longer get held back because of low reading scores.

In early 2023, state lawmakers voted to change a 2016 law that provides instructions for institutions and educators to help third graders “achieve a score of at least proficient in English language arts on the grade state assessment.” Under that law, third grade students with insufficient reading assessment scores would be held back under most circumstances starting in 2019-2020 school year.

Bill

Minimum Wage Increase

Michigan employees making minimum wage will see a slight raise in pay in 2024. LOL

Under Michigan’s Improved Workforce Opportunity Wage Act of 2018, the state’s minimum wage is required to increase in certain increments at certain intervals.

As of Jan. 1, 2024, the state’s minimum wage increased from $10.10 to $10.33 per hour.

Here’s how the increase will affect minor, tipped, and training employees:

The 85% rate for minors aged 16 and 17 will increase to $8.78 per hour.
The tipped employee rate of hourly pay increases to $3.93 per hour.
The training wage of $4.25 per hour for newly hired employees ages 16 to 19 for their first 90 calendar days of employment remains unchanged.

See the law

The wage is not considered a livable wage in Michigan.

An adult without children needs to make at least $16.27 per hour to support themself, while an adult with one child requires at least $36.81 per hour.

What are you going to do with that extra 23 cents ($1.84 per 8 hour day)?

Climate Action Plan

A package of climate-related bills were signed into law in November 2023. The new Michigan Clean Energy & Climate Action law includes several Democrat-led proposals to lower household utility costs, protect state water and air, and create more green energy jobs.

Have a seat and read the bills here.

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Understanding Michigan’s Cyberbullying Law (MCL 750.411x)

Understanding Michigan’s Cyberbullying Law (MCL 750.411x)

Understanding Michigan’s Cyberbullying Law

With the ever-expanding digital landscape, cyberbullying has become a harsh reality for many. Michigan, recognizing its seriousness, has established specific laws to address this issue.

Here’s some things you need to know

What does the law say?

MCL 750.411x defines cyberbullying as posting a message in a public online forum about someone with the intent to threaten them with violence. This means simply posting something mean online doesn’t qualify as cyberbullying under this law.

However, if the post expresses a clear intention to harm the person, putting them in fear of bodily injury or death, it might be considered cyberbullying.

Definition

  (6) As used in this section:

(a) “Cyberbully” includes posting a message or statement in a public media forum about any other person if both of the following apply:
  (i) The message or statement is intended to place a person in fear of bodily harm or death and expresses an intent to commit violence against the person.
  (ii) The message or statement is posted with the intent to communicate a threat or with knowledge that it will be viewed as a threat.
  (b) “Pattern of harassing or intimidating behavior” means a series of 2 or more separate noncontinuous acts of harassing or intimidating behavior.
  (c) “Public media forum” means the internet or any other medium designed or intended to be used to convey information to other individuals, regardless of whether a membership or password is required to view the information.

What are the penalties?

A first offense is punishable as a misdemeanor with up to 93 days in jail and a $500 fine. If the offender has a prior cyberbullying conviction, the penalties increase to a maximum of 1 year in jail and a $1,000 fine. Remember, these are just the legal consequences; cyberbullying can also have lasting social and emotional repercussions.

Have your rights been violated?
Have your driving priviledges been revoked?
Has your professional license been suspended?
Second Amendment rights taken away?
Have you been charged with a crime?

Call our office to see if we can help
Komorn Law  248-357-2550

What can you do if you’re cyberbullied?

If you encounter cyberbullying, don’t engage. Report the incident to the platform where it occurred and keep evidence like screenshots. Consider talking to a trusted adult or seeking help from organizations like Cyberbullying Research Center or StopBullying.gov. Remember, you’re not alone.

Staying safe online:

  • Think before you post: Consider the potential impact of your words before hitting “send.”
  • Respect others: Treat everyone online with the same respect you’d show in person.
  • Protect your privacy: Be mindful of what personal information you share online.
  • Report cyberbullying: Don’t be silent; report incidents to the platform and seek help if needed.

MCL 750.411x serves as a safeguard against online threats, but remember, online safety is a shared responsibility. By understanding the law, respecting others, and reporting harmful behavior, we can create a more positive and inclusive digital space for everyone.

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FAQs About Restoring Your Drivers License in Michigan

FAQs About Restoring Your Drivers License in Michigan

Frequently Asked Questions about Restoring Your Driver’s License in Michigan

Here’s what you need to know

What are the steps to restore my driver’s license in Michigan?

The steps to restore your driver’s license in Michigan vary depending on the reason your license was revoked or suspended. However, there are some general steps that apply to all cases:

 

  1. Pay all outstanding fines and fees. You can check your driving record online to see how much you owe.
  2. Complete any required driver improvement courses. This may include a substance abuse assessment and treatment program, if your license was revoked or suspended due to a DUI.
  3. Schedule a hearing with the Michigan Secretary of State (SOS). You can do this online or by calling the SOS at 517-335-1946.
  4. Attend your hearing and present your case to the SOS hearing officer. The hearing officer will review your driving record and any evidence you provide to determine whether or not to reinstate your license.

How much does it cost to restore my driver’s license in Michigan?

The cost to restore your driver’s license in Michigan varies depending on the reason your license was revoked or suspended.  It may be harder to get it back if you have numerous or other charges linked to the supension. You will most likely need an Attorney to fight for you.

There is a standard reinstatement fee of $125. You may also have to pay additional fees, such as the cost of any required driver improvement courses.

Have your rights been violated?
Have your driving priviledges been revoked?
Has your professional license been suspended?
Second Amendment rights taken away?
Have you been charged with a crime?

Call our office to see if we can help
Komorn Law  248-357-2550

Do I need a lawyer to restore my driver’s license in Michigan?

It is not required to have a lawyer to restore your driver’s license in Michigan. However, a lawyer can help you understand the process and prepare for your hearing. If you have a complex case, or if you are not sure how to proceed, it is a good idea to consult with an attorney.

How long does it take to restore my driver’s license in Michigan?

The amount of time it takes to restore your driver’s license in Michigan varies depending on the reason your license was revoked or suspended. If you have all of the required documentation and you are able to present a strong case to the SOS hearing officer, your license may be reinstated relatively quickly.

However, if your case is complex or if you have a history of driving offenses, it may take longer to get your license back.

Where can I get more information about restoring my driver’s license in Michigan?

You can find more information about restoring your driver’s license in Michigan on the Michigan Secretary of State website:

  • License Restoration – Michigan Secretary of State: https://www.michigan.gov/sos/license-id/license-restoration
  • Road to Restoration – Michigan Secretary of State: https://www.michigan.gov/sos/license-id/road-to-restoration

You can also contact the SOS Driver’s License Restoration Division at 517-322-1946 for more information.

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Involuntary Manslaughter Charges and Penalties in Michigan

Involuntary Manslaughter Charges and Penalties in Michigan

Involuntary Manslaughter Charges and Penalties in Michigan

Here’s things you should to know

What is Involuntary Manslaughter in Michigan?

Involuntary manslaughter differs from murder in that it lacks intent to kill.

In Michigan, it is somewhat defined as the killing of another person through:

 

  • Recklessness: This involves acting with a conscious disregard for a substantial and unjustifiable risk that the act will cause death or serious physical harm.
  • Gross negligence: This refers to a failure to use even the slightest care that a reasonable person would use in similar circumstances.
  • Commission of a misdemeanor: This means unintentionally causing death while committing another crime, even a minor one.

Involuntary manslaughter distinguishes itself from voluntary manslaughter based on the intent of the alleged offender.

The broad differentiating factor lies in whether the accused intended to cause severe physical harm to the victim, as seen in cases of voluntary manslaughter.

Conversely, in cases of involuntary manslaughter, the accused is alleged to have caused the victim’s death without malice or intent.

A conviction of voluntary manslaughter can arise when the accused did not have the intention to cause serious bodily harm to the victim but exhibited a significant lack of care in their behavior towards the victim’s safety.

The determining factor between these two homicide offenses is typically the presence of intent.

What are the penalties?

  • Up to 15 years in prison: The exact sentence depends on the specific circumstances of the case, including the severity of the recklessness or negligence and the presence of aggravating factors.
  • Fine of up to $7,500: This financial penalty adds to the significant burden faced by those convicted.

Charged with Homicide, Second Degree Murder, Manslaughter?

Call our office to see if we can help
Komorn Law  248-357-2550

Additional Consequences:

Beyond the legal penalties, a conviction for involuntary manslaughter can have lasting consequences, including:

  • Loss of employment or professional licenses: Many professions have strict ethical codes that may prohibit employing individuals with criminal records.
  • Difficulty obtaining housing or loans: Background checks often reveal criminal convictions, making it harder to secure housing or loans.
  • Social stigma: The emotional and social impact of a conviction can be significant, leading to isolation and judgment.
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A jury trial is fundamental to our democratic system of government. Every American citizen should embrace this responsibility by participating, and ensure justice prevails. by Michael Komorn I just picked a jury in a marihuana case, there were several perspective...

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Planet Green Trees Radio Episode 149-MSC People v. Koon

Planet Green Trees Radio Episode 149-MSC People v. Koon

The best resource for everything related to Michigan medical marijuana with your host Attorney Michael Komorn. Live every Thursday evening from 8 -10 pm eastern time. By Michael Komorn The Michigan Supreme Court issued a unanimous opinion making a finding that...

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Polygraphs Proven Unreliable, Used for Police Intimidation

Polygraphs Proven Unreliable, Used for Police Intimidation

Polygraphs are widely recognized as unreliable yet police still use them to elicit confessions. By Michael Komorn Many states don’t allow polygraph test to be admitted in court because they are unreliable. Their lack of reliability is widely recognized by criminal...

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Arrests for DUI’s on the Rise

Arrests for DUI’s on the Rise

By Michael Komorn Arrests for DUI’s have been on the rise across Michigan. This trend could drastically increase as The National Transportation Safety Board (NTSB) has called on state authorities to reduce the legal limit to 0.05 percent. Currently, all 50 U.S. states...

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Drug Checkpoints: Unconstitutional

Drug Checkpoints: Unconstitutional

By Michael Komorn The Supreme Court ruled in City of Indianapolis V. Edmund that drug check points are unconstitutional. So what happens when you see one on the highway? Keep calm and carry on. Police, especially in the Mid-west, have been using drug check points as a...

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Knowing When to Exercise Your Rights

Knowing When to Exercise Your Rights

Remember, even if you are doing nothing wrong, there are a number of different outcomes that can occur from a police encounter. The short list includes: 1) No action, no problems; 2) A warning or citation; 3) An arrest and/or criminal charges. Exercising your rights...

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Why Police Lie Under Oath

Why Police Lie Under Oath

Thousands of people plead guilty to crimes every year in the United States because they know that the odds of a jury’s believing their word over a police officer’s are slim to none. As a juror, whom are you likely to believe: the alleged criminal in an orange jumpsuit...

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What Did I Just Get Charged With?

What Did I Just Get Charged With?

Below is a list of common drug offenses as defined by the State of Michigan. If it is your second offense, it is important you read statute 333.7413 below. 333.7413 Conviction of second or subsequent violation; penalty....

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