Question:Can I have open alcohol in a trailer or camper that is being pulled on the road?
Answer: In most instances transporting or possession of open intoxicants in a vehicle is not permitted.
MCL 257.624a states in part, “a person who is an operator or occupant shall not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger compartment of a vehicle upon a highway, or within the passenger compartment of a moving vehicle in any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles…”
There are limited exceptions in cases where the transportation of an open or uncapped alcoholic liquor in the passenger compartment of a vehicle are permitted.
They include times when the vehicle does not have a trunk or separate area from the passenger compartment, and the container is in a locked glove compartment, behind the last upright seat, or in an area not normally occupied by the operator. There are additional exceptions in the case of a chartered vehicle such as a limousine or chartered bus.
DISCLAIMER This website and/or post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff, work related information, non work related information and general internet BS. Therefore…Before you believe anything on the internet regarding anything and everything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.
In Michigan, there is no statute of limitations for certain serious offenses, ensuring that justice can be pursued indefinitely. First and foremost, homicide crimes have no time limit for prosecution. This includes murder in the first or second degree, as well as manslaughter charges.
Furthermore, sexual assault cases on minors committed after January 1, 2001 are also exempt from any time constraints. This allows victims ample time to come forward and seek legal redress against their perpetrators.
Additionally, embezzlement and criminal conduct involving public officials or employees are granted unlimited periods for prosecution in order to maintain accountability within governmental bodies.
It is worth noting that crimes with no statutes of limitations carry significant weight due to the lifelong implications they hold for victims and society at large. The absence of these limitations underscores Michigan’s commitment to effectively combatting the most heinous offenses and safeguarding its citizens’ rights to justice and safety.
State
Michigan
Topic
Michigan Criminal Statute of Limitations Laws
Definition
The criminal statute of limitations is a time limit the state has for prosecuting a crime. Under Michigan law, the statute of limitations depends on the severity of the crime you face, ranging from six years to no time limit.
A violation of the Michigan anti-terrorism act that is punishable by imprisonment for life: No time limit. Human trafficking laws also known as “Theresa Flores’s Law”: 25 years time limit.
Female genital mutilation, or transport of person with purpose of female genital mutilation, or facilitation of it: time limit of 10 years or when alleged victim turns 21, whichever is later.
Child sexually abusive activity or material, or possession of it: time limit of 10 years or when alleged victim turns 21, whichever is later.
Criminal sexual conduct second degree: time limit of 10 years or when alleged victim turns 21, whichever is later. Criminal sexual conduct third degree: time limit of 10 years or when alleged victim turns 21, whichever is later.
Criminal sexual conduct fourth degree: time limit of 10 years or when alleged victim turns 21, whichever is later.
Assault with intent to commit criminal sexual conduct: time limit of 10 years or when alleged victim turns 21, whichever is later. Kidnapping: time limit of 10 years, but if offense is reported to police within 1 year after the offense and individual is unknown, an indictment can be filed 10 years after individual is identified.
Extortion: time limit of 10 years, but if offense is reported to police within 1 year after the offense and individual is unknown, an indictment can be filed 10 years after individual is identified.
Assault with intent to commit murder: time limit of 10 years, but if offense is reported to police within 1 year after the offense and individual is unknown, an indictment can be filed 10 years after individual is identified.
Attempted murder: time limit of 10 years, but if offense is reported to police within 1 year after the offense and individual is unknown, an indictment can be filed 10 years after individual is identified.
Manslaughter: time limit of 10 years, but if offense is reported to police within 1 year after the offense and individual is unknown, an indictment can be filed 10 years after individual is identified.
First-degree home invasion: time limit of 10 years, but if offense is reported to police within 1 year after the offense and individual is unknown, an indictment can be filed 10 years after individual is identified.
False pretenses involving real property, forgery or uttering and publishing of an instrument affecting an interest in real property, or mortgage fraud: time limit of 10 years or within 10 years after instrument affecting real property was recorded, whichever occurs later.
Identity theft or attempted identity theft: 6 years time limit.
Female genital mutilation, or transport of person with purpose of female genital mutilation, or facilitation of it: time limit of 10 years or when alleged victim turns 21, whichever is later.
Child sexually abusive activity or material, or possession of it: time limit of 10 years or when alleged victim turns 21, whichever is later.
Acts During Which Statute Does Not Run
Statute does not run during any period where the defendant did not usually and publicly reside within Michigan.
Other
For the following crimes, if DNA evidence is obtained related to the crime from an unknown individual, there will be no time limit to file indictment, but once individual is identified, indictment must be filed within 10 years after identification or when alleged victim turns 21, whichever is later.
Female genital mutilation
Child sexually abusive activity or material, or possession of it
Criminal sexual conduct second, third and fourth-degree
Assault with intent to commit criminal sexual conduct
Note: State laws are constantly changing — contact a Michigan criminal defense attorney or conduct your own legal research to verify the state law(s) you are researching.
DISCLAIMER This website and/or post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff, work related information, non work related information and general internet BS. Therefore…Before you believe anything on the internet regarding anything and everything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.
Depends what state you’re in and if it’s local or federal. A Grand Jury is a crucial component of the legal system. It functions as an “independent” body responsible for reviewing evidence and determining whether criminal charges should be filed against an individual. Comprised of “impartial” citizens, a Grand Jury is tasked with evaluating the validity of the evidence presented by prosecutors and deciding if there is enough probable cause to proceed with a trial. Their role entails upholding fairness and ensuring that the legal process adheres to stringent standards.
How does a grand jury indict someone?
A grand jury indictment is an essential step within the criminal justice system to determine whether there is enough evidence for a case to move forward to trial. Comprising a group of citizens, typically ranging from 16 to 23 members, a grand jury evaluates the evidence presented by the prosecutor in a closed-door proceeding.
Unlike a regular trial where guilt needs to be proven beyond a reasonable doubt, the grand jury only assesses whether there is probable cause that a crime has been committed and if the accused individual might be responsible for it. During this process, witnesses are called upon and evidence is presented, without the presence of defense attorneys or cross-examination.
The jurors deliberate on this information with utmost confidentiality before reaching their decision. If at least 12 members believe that probable cause exists, an indictment will be issued, formally charging the individual with the alleged crime and commencing his or her nightmare through our judicial system.
What is the role of a grand jury in the legal system?
A grand jury serves as an investigative body that evaluates evidence presented by the prosecution to determine if there is enough probable cause to indict someone for a crime. They act as a “check” on the government’s power and ensure that there is sufficient evidence to proceed with a criminal trial.
How is a grand jury selected?
Grand juries are typically selected from a pool of eligible citizens within a jurisdiction. The selection process varies by jurisdiction but often involves a random selection method such as drawing names from voter registration lists or driver’s license records. The goal is to create a diverse and representative grand jury reflecting the community it serves and in 2023 we all know how diverse and non partisan the USA has become.
What happens during a grand jury proceeding?
The prosecutor presents evidence, including witness testimonies and documents, to the grand jury. The grand jurors then deliberate in secret to determine if there is enough evidence to indict the accused. The accused and their attorney are generally not present during the proceedings, and the standard of proof required for an indictment is lower compared to a trial.
Can a grand jury refuse to indict?
Yes, a grand jury has the authority to refuse to indict if they determine that there is insufficient evidence to support a criminal charge. This is known as a “no true bill” decision. However, it is essential to note that the majority of cases presented to grand juries result in indictments, as they are typically presented with evidence that meets the probable cause threshold.
DISCLAIMER This website and/or post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff, work related information, non work related information and general internet BS. Therefore…Before you believe anything on the internet regarding anything and everything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.
Michigan’s cannabis market is thriving, with licensed dispensaries reporting record-breaking sales of $276.7 million in July 2023. This surpassed the previous record set in June and contributed to a total of $1.7 billion in cannabis sales for the first seven months of the year, a 37% increase compared to the same period in 2022. Michigan is on track to reach $2.9 billion in sales this year, potentially making it the second-largest cannabis market in the US, after California.
Despite selling less flower in July, higher prices resulted in increased revenue. Flower accounted for 46.5% of adult-use sales, followed by vape cartridges (19%), concentrates (14.7%), and infused edibles (10%). While the average price for flower decreased compared to the previous year, selling more cannabis has helped combat price compression in the industry. Michigan’s demand for cannabis is the highest among adult-use states, with an average monthly spend of $23.42 per capita.
DISCLAIMER In a legal environment that continues to evolve, it is essential to stay informed and seek guidance from knowledgeable professionals. Before acting on any information you find on the internet, this website, any linked website, any referring website or any verbal or written information consult a licensed attorney. Contact Komorn Law today to discuss your case and learn how we can assist you in navigating the complexities of Michigan’s laws. Consult an Attorney – Remember you’re on the internet.
A federal appeals court has ruled that the ban preventing people who use marijuana from possessing firearms is unconstitutional. The U.S. Court of Appeals for the Fifth Circuit concluded that the historical context of the Second Amendment’s original 1791 ratification did not justify disarming individuals based on past drug usage.
The decision is the latest in a series of successful challenges to the long-standing federal prohibition, which is actively being contested in various court cases across the country.
A three-judge panel for the Fifth Circuit Court of Appeals decided on Wednesday to toss the conviction of Patrick Daniels, a Mississippi man arrested and sentenced to prison for possessing firearms as an unlawful user of marijuana. The panel found that Daniels’ conviction was inconsistent with the “history and tradition” of gun regulation.
“In short, our history and tradition may support some limits on an intoxicated person’s right to carry a weapon, but it does not justify disarming a sober citizen based exclusively on his past drug usage,” Judge Jerry E. Smith, a Ronald Reagan appointee, wrote for the unanimouspanel inUS v. Daniels.
“Nor do more generalized traditions of disarming dangerous persons support this restriction on nonviolent drug users. As applied to Daniels, then, § 922(g)(3) violates the Second Amendment.”
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Kimberly Golden Gore, an attorney for Daniels, similarly said during an oral argument in June that her client was “serving 46 months in a federal facility for having less than half a gram of marijuana, and two firearms that otherwise would have been legal,” arguing that “historical tradition simply doesn’t support that kind of permanent and total restriction on his Second Amendment rights.”
This ruling potentially invalidates the firearms ban for any person who is an “unlawful user” of any illicit drug, not just marijuana.
DISCLAIMER In a legal environment that continues to evolve, it is essential to stay informed and seek guidance from knowledgeable professionals. Before acting on any information you find on the internet, this website, any linked website, any referring website or any verbal or written information consult a licensed attorney. Contact Komorn Law today to discuss your case and learn how we can assist you in navigating the complexities of Michigan’s laws. Consult an Attorney – Remember you’re on the internet.
DISCLAIMER In a legal environment that continues to evolve, it is essential to stay informed and seek guidance from knowledgeable professionals. Before acting on any information you find on the internet, this website, any linked website, any referring website or any verbal or written information consult a licensed attorney. Contact Komorn Law today to discuss your case and learn how we can assist you in navigating the complexities of Michigan’s laws. Consult an Attorney – Remember you’re on the internet.
DISCLAIMER In a legal environment that continues to evolve, it is essential to stay informed and seek guidance from knowledgeable professionals. Before acting on any information you find on the internet, this website, any linked website, any referring website or any verbal or written information consult a licensed attorney. Contact Komorn Law today to discuss your case and learn how we can assist you in navigating the complexities of Michigan’s laws. Consult an Attorney – Remember you’re on the internet.
