Dec 5, 2023 | Blog, Know Your Rights, Michigan Laws
When Being Questioned by the Police: Can They Lie to You?
Introduction
In the United States, police officers are generally allowed to lie to suspects during interrogations. This is a controversial practice, but it has been upheld by the Supreme Court. There are some exceptions to this rule, however, and it is important to know your rights if you are ever questioned by the police.
Can the police lie to you in Michigan?
In Michigan, police officers are allowed to lie to you during an interrogation, as long as their lies are not intended to coerce or trick you into making a false confession. This means that they can tell you things that are not true, such as that they have evidence against you or that they know someone who will testify against you. They can also make promises to you, such as that they will let you go if you confess.
Exceptions to the rule
There are a few exceptions to the rule that police officers can lie to you. For example, they cannot lie to you about your Miranda rights. Miranda rights are the warnings that police officers are required to give you before they question you. These warnings tell you that you have the right to remain silent, that you have the right to an attorney, and that anything you say can be used against you in court.
Police officers also cannot lie to you about the consequences of making a confession. For example, they cannot tell you that you will be released from jail if you confess, if this is not true.
What to do if you are questioned by the police
If you are questioned by the police, it is important to know your rights. You should remain silent and do not answer any questions until you have spoken to an attorney. You can also ask to leave the interrogation room at any time.
If you feel that the police are lying to you, you should tell them that you are not comfortable with their questioning and that you would like to speak to your attorney Michael Komorn.
Laws in Michigan
Here are some Michigan laws that relate to the questioning of suspects:
Know your rights
It is important to know your rights if you are ever questioned by the police. Police officers are allowed to lie to you in Michigan, but there are some exceptions to this rule. If you feel that the police are lying to you, you should tell them that you are not comfortable with their questioning and that you would like to speak to an attorney.
Are You Ever Allowed To Lie To The Police?
Of course not. You shouldn’t be talking to the police in the first place but if you’re talking, you’re doing something you shouldn’t be doing. As far as whether you can lie to the police, you can always be charged with obstruction. That’s why you’re always best to just not say anything at all.
Michigan law 750.479c – A person informed of criminal investigation by peace officer; prohibited conduct; violation; penalty; exception; definitions.
Police have some code of ethics like a lawyer or a judge. But it doesn’t say that they can’t trick you into confessing. They are trained to do that, and they will do it.
Be aware of phrasing when being questioned:
“Have you had anything to drink tonight?”
Best response is: NO
Where are you coming from?
It is best to have this answer pre-prepared so as to not raise suspicion. You can also answer the Officer’s questions by stating “Respectfully officer, I don’t have to answer that.”
“Not answering is suspicious, why are you not answering my question, clearly you are doing something wrong?”
Best Answer: “Officer, respectfully I am aware of my rights, and constitutional protections, and I know I have no legal obligation to answer your questions.
“Not answering is resisting me in this investigation”
Best Answer: “I’m not resisting, respectfully, I don’t have to answer anything.”
“If you have nothing to hide, you don’t mind if I look around.”
Best response: “I’m sorry Officer, but I don’t consent to searches.”
“If you refuse a search, I’ll have to call a K-9 unit.”
Best response: “Officer, are you detaining me, or am I free to go?” Officers cannot detain you past the purpose of the traffic stop and detaining you beyond this purpose is constitutionally illegal. Specifically officers cannot detain you beyond the traffic stop for the purpose of calling for a k-9 unit or drug sniffing dog.
Remember
- Refusing to answer questions is not an admission of guilt.
- Asserting your right to remain silent is not an admission of guilt.
- Demanding to have your lawyer present during any questioning is not an admission of guilt.
- Refusing a search is not an admission of guilt.
DISCLAIMER
This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – 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.
Nov 29, 2023 | Blog, Know Your Rights, Michigan Laws
With just over a week until Ohio’s voter-approved marijuana legalization law takes effect, a lawmaker has introduced a bill that would allow individual municipalities to locally ban the use and home cultivation of cannabis in their jurisdictions.
The legislation aims to modify the distribution of state marijuana tax revenue, specifically by decreasing funding allotted to social equity and jobs programs and redirecting it towards law enforcement training.
While Issue 2, approved by voters, specifically banned localities from prohibiting marijuana use, home cultivation, or scientific research, as well as imposing extra local taxes on cannabis products, the current bill aims to eliminate these crucial provisions, which could potentially result in a fragmented set of policies statewide.
Issue 2 currently grants municipalities the option to exclude new recreational cannabis companies from establishing themselves in their area. However, municipalities are unable to prevent existing medical marijuana enterprises from incorporating adult-use operations on-site, even if they express a desire to do so.
The bill as introduced would change how the state would need to appropriate cannabis tax revenue by adding two new funds: one for substance misuse and recovery services and another for law enforcement training.
You can follow the progress of the bill here.
DISCLAIMER
This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet debauchery. Therefore… before you believe anything on the internet regarding anything and everything – do your research on verified Official Government and State Sites, Call the State Police, Check the State Attorney General Website and Consult an Attorney – and then check it again.
Sep 5, 2023 | Know Your Rights, Your Rights
Background
On October 31, 1963 while conducting his regular patrol in downtown Cleveland, seasoned Cleveland Police detective Martin McFadden, who brought 39 years of law enforcement experience to the job, observed three men behaving suspiciously as they paced back and forth in front of a jewelry store located on Euclid Avenue.
Concerned that the men were planning a robbery and possibly armed, McFadden identified himself as a police officer and inquired about their names. When the men merely mumbled their responses, McFadden conducted a frisk, discovering a pistol in John W. Terry’s overcoat pocket and a revolver in Richard Chilton’s coat pocket.
The unarmed third man, Katz, was noted in the incident where McFadden apprehended and charged Terry and Chilton for carrying concealed weapons. Judge Bernard Friedman of the Cuyahoga County Common Pleas Court subsequently found the defendants guilty, deeming that the suspicious behavior displayed by the men, coupled with McFadden’s genuine concern for his safety, justified the decision to conduct a frisk. This ruling was later upheld by the appeals court. In 1967, Terry brought the case before the U.S. Supreme Court.
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In June 1968, the United States Supreme Court affirmed the conviction and set a precedent that allows police officers to interrogate and frisk suspicious individuals without probable cause for an arrest, providing that the officer can articulate a reasonable basis for the stop and frisk.
Significantly, Terry does not provide blanket authority to intrude on an individual’s right to be left alone, nor does it allow such intrusion based on a police offers inarticulate hunch that a crime is about to occur or is in progress.
However, it does radically expand police authority to investigate crimes where there is a reasonable basis for suspicion.
Read the United State Supreme Court Opinion on Terry v Ohio
More in depth case detail can also be read here
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.
Jun 22, 2023 | Arrested, Blog, Know Your Rights, Your Rights
Ask yourself – How much is your record costing you not to have it expunged.
When you have been convicted of a crime in Michigan, you are likely aware of the negative impact it can have on your life, even after you have knelt in submission, paid the fines, served your sentence and have kept your life together as best you can.
A criminal record can continue to be dead weight for those who have paid their debt to society, remained conviction-free, and are seeking to move forward with their lives.
Before you look at the actual cost of an expungement you need to look at the cost your past record has on your life and the effect it has on you moving forward in employment, housing and everything you do.
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If you do it wrong you may not be able to try again for several years.
It is crucial to consult with a Michigan expungement attorney before making any decisions. If you do it wrong you may not be able to try again for several years.
Background checks are used at a high percentage by employers, landlords, and colleges to screen out applicants with criminal records. Those who have completed their sentence and are seeking to rebuild their lives may face significant challenges due to their criminal record.
Recently, Michigan has taken steps to address this issue. In 2020, the state implemented clean slate laws, making it the third state in the nation to do so.
Prior to the Clean Slate Act, the expungement process was only available to individuals with very limited criminal records, and many offenses were completely excluded from the process. Even those who qualified could find the process daunting.
The Clean Slate Act has expanded the number and types of offenses that can be expunged, and it will provide for some future automatic expungement of certain convictions.
If you have a criminal record in Michigan, it is important to understand the potential impact it can have on your life and to have an attorney at your side throughout the whole process is almost priceless. The cost for the attorney well out weighs the cost of having a record. You probably spend more on groceries in 3 months now a days.
Making Sure your Expungement is Completed Correctly
While an expungement does not require the assistance of an attorney, it is not recommended to engage in any interaction with the court system without one.
The court has the power in determining who is granted expungement and who is not. An incorrect application or preparation can lead to a denial by the court, and the individual will have to wait to apply again.
So How Much Does It Cost?
The processing fee for the courts and the State of Michigan are not a lot and not the costs you have to worry about. Those are not much. It’s the cost of denial which will set you back 3 years.
How much is that lawyer going to cost you? The price of an elegibility investigation starts around $500. The price for an expungement starts around $2500 – $3500 with a good attorney. Depending on variables such as different courts, counties, etc…
If you or someone you know has been accused of a crime or DUI.
Call Komorn Law
248-357-2550
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.
Jun 19, 2023 | Arrested, Blog, Know Your Rights, Your Rights
Pending Charges. Don’t wait. Get ahead of their game.
If you have been arrested but not charged yet. Don’t wait while they build evidence and take your statements to use against you!
They may just be building a case against you and letting you get more comfortable that it is going away till they spring their trap and try to get you to plea. Thus possibly destroying your future.
Call Us for a Free Case Evaluation
What do pending charges mean?
When you are arrested in Michigan, the charges against you are considered “pending” until you have been arraigned in court. At the arraignment, the judge will read the charges against you and you will enter a plea of guilty, not guilty, or no contest. If you plead not guilty, your case will proceed to trial. If you plead guilty, you will be sentenced by the judge.
Pending charges can have a significant impact on your life, even if you are ultimately found not guilty. You may be denied employment, housing, or loans. You may also have to post bail, which can be expensive.
If you have been arrested in Michigan, it is important to speak with an attorney as soon as possible. An attorney can help you understand the charges against you and your options for defending yourself.
Here are some of the things that can happen after you are arrested in Michigan with pending charges:
- You may be released on bail.
- You may be held in jail until your trial.
- You may be required to wear a GPS tracking device.
- You may be prohibited from contacting the victim of the crime.
- You may be required to attend counseling or treatment programs.
The specific consequences of pending charges will vary depending on the charges against you and the circumstances of your case. It is important to speak with an attorney to understand what to expect.
Here are some of the things you can do if you have pending charges in Michigan:
- Hire an attorney.
- Attend all court appearances.
- Comply with all court orders.
- Stay out of trouble.
- Contact the court if you have any questions or concerns.
It is important to remember that you are innocent until proven guilty. If you have been arrested in Michigan, it is important to speak with an attorney to protect your rights.
If you or someone you know has been accused of a crime or DUI.
Call Komorn Law – Call Now 248-357-2550
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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.
Jan 20, 2023 | Blog, Educational, Know Your Rights, Michigan Laws
When you’re pulled over by the police and your friend throws their stash under your seat. Are they still your friend? That’s up to you. But at the moment you probably are going to take the fall, pay the price and have your life turned inside out and upside down. The justice system is hungry… and it eats money to keep it fat.
In Michigan, if drugs are discovered in your car, you as the driver are responsible for them. Under Michigan law it is assumed that you have control of any property that may be present inside your vehicle, you could be arrested and charged with possession.
While you cannot always control what a passenger brings into your vehicle, you can still get into trouble if they have an illegal substance on their person. Even if you are in possession of the illegal drugs, you can still be charged with constructive possession.
To Consent or not to Consent
A police officer cannot search your car without either your consent or reasonable suspicion. If a search was conducted unlawfully, the evidence might be suppressed, which would be to your advantage and possibly lead to the drug case being dismissed.
Although they may do so without your consent, the best preventive measure is to never consent to a police search of your vehicle. But if they already have discovered a friend’s drugs in your car, it’s crucial that you remain silent and refuse to give any interviews or statements without your lawyer present.
Admit Nothing
The majority of the time, when police have reason to believe you knew drugs were in your car, it’s because you confessed to knowing. Don’t make any admissions!
Police frequently act as though they are trying to help you or even say things that will make you think that cooperating with them might be advantageous for you. Always keep in mind that the police are not your friends and that admitting that you were aware that drugs were present will not help your case.
Even if the drugs in your car actually belong to a friend and you had nothing to do with their possession, the police must link you to their possession in order to arrest you.
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense.
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Don’t Take the Fall
Whether or not you knew that a friend’s drugs were in your car—and even if you didn’t—you could still be arrested. You must act to defend yourself because the drugs were discovered in a vehicle that is yours.
Prosecutors frequently hear the justification that “the drugs were someone else’s” because people are frequently stopped by police and claim that any drugs found in their vehicles were not theirs despite the fact that they were. “
The most crucial action you should take if the police find your friend’s drugs is to gather all the information and speak with an experienced Michigan criminal defense attorney.
Drug Possession and Criminal Defense Lawyer offers aggressive defense against DUI, Driving While High, Marijuana, Medical Marijuana and all criminal charges in Oakland County, Macomb County, Lapeer County, Washtenaw County, Ann Arbor, Birmingham, West Bloomfield, Grand Rapids, Lansing and The entire State of Michigan. Michigan.gov
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DISCLAIMER
This 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 and general internet BS. Therefore…Before you believe anything on the internet regarding anything – 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.
