Whitmer’s $3B plan to fix Michigan’s roads calls for more taxes

Whitmer’s $3B plan to fix Michigan’s roads calls for more taxes

Same Thing – Different Day

Whitmer’s $3B plan to fix Michigan roads calls for more corporate, marijuana taxes, taxes at the pump and you can just imagine the ones you don’t know about.

Michigan Governor Gretchen Whitmer has introduced a comprehensive three billion dollar initiative aimed at repairing the state’s road infrastructure, proposing increases in corporate and marijuana taxes although specific details remain vague. Additionally, Whitmer is advocating for all taxes collected at the pump to be dedicated entirely to road maintenance and improvements.

The plan will trumpet the well known and worn thin “make sure that corporations pay their fair share to do business in Michigan” and  “without putting the costs on the backs of everyday Michiganders”

It’s the latest infrastructure plan from Whitmer, who won office in 2018 on a pledge to “fix the damn roads.” 

Her 2019 proposal to raise fuel taxes by 45 cents per gallon was not taken up in the Legislature.

The next year, Whitmer went it alone with a $3.5 billion bonding plan for upkeep and reconstruction of some of Michigan’s busiest roadways, but the state will spend decades paying off the debt and the money is drying up. 

Whitmer will also propose levying an additional 32% wholesale tax on marijuana products to match those applied to tobacco products like cigarettes. Her office’s budget recommendation last week also called for expanding that tax to nicotine products that don’t contain tobacco, like vapes and pouches, which have avoided taxation for years.

Hey you want to read more or just crawl under a rock. Go here to Read More.

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Sometimes our posts provide a general overview of things with opinionated sarcasm and dry humor by the writer to lighten the same old same old of other law sites.  It does not substitute for legal advice. Anyone charged with a criminal offense should consult an attorney for specific legal guidance. BTW. True Fact: When Michael Komorn fights the justice system there is only one focus. You and your rights.

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

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Qualifying for a Public Defender in Michigan

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Qualifying for a Public Defender in Michigan

Qualifying for a Public Defender in Michigan

In Michigan, individuals charged with a crime have the constitutional right to legal representation.

In Michigan, individuals charged with a crime have the constitutional right to legal representation. For those unable to afford a private attorney, the state provides public defenders to ensure fair legal proceedings. Eligibility for a public defender is primarily determined by assessing the defendant’s financial status to establish indigence.

Defining Indigence in Michigan

Under Michigan law, a defendant is considered indigent if they cannot secure qualified legal representation without enduring substantial financial hardship. Several criteria are used to evaluate this status:

  • Public Assistance Recipients: Individuals receiving benefits such as food assistance, Temporary Assistance for Needy Families (TANF), Medicaid, disability insurance, or residing in mental health or substance abuse facilities are presumed indigent.

  • Income Threshold: Defendants earning less than 140% of the federal poverty level are presumed indigent.

  • Incarceration Status: Those currently serving a sentence in a correctional facility are presumed indigent.

If a defendant doesn’t meet these presumptive criteria, they may still qualify for a public defender through a detailed assessment. This evaluation considers the seriousness of the charges, monthly expenses, and local private attorney rates to determine if hiring private counsel would cause substantial financial hardship. The goal is to ensure that all defendants have access to adequate legal representation, regardless of their financial situation.

6th Amendment

In Michigan, individuals who are unable to afford legal representation have the right to receive a court-appointed criminal defense attorney. To initiate this process, they must submit a statement outlining their financial circumstances when requesting an attorney through the Michigan Courts.

Process for Obtaining a Public Defender

To request a public defender in Michigan, defendants should follow these steps:

Application Submission: During the initial court appearance, inform the judge of the need for a public defender. The court will provide an application form requiring detailed financial information.

Financial Assessment: Complete the application honestly, detailing income, assets, and expenses. This information helps the court determine eligibility based on indigence criteria.

Court Review: The judge reviews the application to decide if the defendant qualifies for a public defender. If approved, an attorney from the public defender’s office or a court-appointed private attorney will be assigned to the case.

It’s important to note that defendants cannot obtain a public defender before their first court appearance. Therefore, it’s crucial to request one promptly during this initial hearing.

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Role and Expertise of Public Defenders

Public defenders in Michigan are licensed attorneys employed by the state to represent indigent defendants. Despite common misconceptions, many public defenders are highly skilled and experienced, often handling a wide range of criminal cases. However, due to limited state budgets, public defenders frequently manage heavy caseloads, which can impact the amount of time and resources they can dedicate to each case.

For defendants who do not meet the indigence criteria or prefer private representation, hiring a private attorney is an option. Private attorneys may have more flexibility and resources to devote to a case, but their services come with associated costs.

Sources of Information

Michigan Indigent Defense Commission (MIDC): The MIDC was established by the Michigan Indigent Defense Commission Act of 2013 and sets the standards for indigent defense services in the state. More information can be found on their official website.

Michigan Legislature: The Michigan Legislature’s website provides the legal framework for indigent defense services, including the MIDC Act and related statutes.

Federal Public Defender: Various legal resources and defender offices in Michigan offer additional information on public defender qualifications and services.

Sometimes our posts provide a general overview of things with opinionated sarcasm and dry humor by the writer to lighten the same old same old of other law sites.  It does not substitute for legal advice. Anyone charged with a criminal offense should consult an attorney for specific legal guidance. BTW. True Fact: When Michael Komorn fights the justice system there is only one focus. You and your rights.

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

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Terry Stop and Refusal to Identify Yourself to Police

Terry Stop and Refusal to Identify Yourself to Police

Because this is how it always goes…

Standard for Investigatory Detentions / Terry Stops

Under Terry v Ohio and other well established Fourth Amendment cases, an officer can detain a person for a brief investigatory stop if the officer has reasonable suspicion the person is engaged in, or is about to be engaged in, criminal activity.

While the level of suspicion required for a Terry seizure is less than that required for probable cause to arrest, an officer must have more than an inchoate or unparticularized suspicion or hunch. 

Terry seizure is only lawful if an officer has an objectively reasonable particularized suspicion that the specific individual being stopped is engaged in wrongdoing.  Determining whether this standard is met requires a fact-specific analysis of the totality of the circumstances known to the officer when the seizure occurred.  

Mere Presence in “High Crime” Area and Refusal to Identify

While “presence in a high-crime area may support the existence of reasonable suspicion, the Court noted this is so only if a suspect engages in suspicious behavior.” 

Without more, the Court noted there is nothing suspicious about someone sitting alone in a parked car in an apartment-complex parking lot while visiting a resident of that complex, especially during daylight hours when there was no evidence as to how long he was parked there. 

Additionally, mere presence in an area of frequent criminal activity does not provide particularized suspicion someone is engaged in any criminal activity, and an officer may not detain someone simply because that person declines a request to identify themself. 

Even when viewed together, the Court found these facts did not provide the officers with an objectively reasonable particularized basis for suspecting that Prude was trespassing at the complex when they detained him.  Because the officers were not acting lawfully in the performance of their duties when they detained Prude, a required element of the charged offenses, there was insufficient evidence to support his convictions beyond a reasonable doubt.

The Court also highlighted well established caselaw “that a refusal to cooperate [with police], without more, does not furnish the minimal level of objective justification needed for a detention or seizure.” 

While the officers had the right to seek a consensual encounter with Prude in the parking lot to determine if he was engaged in criminal activity and to advise him of any trespass policy the complex may have had, there was no evidence that Prude engaged in any suspicious behavior to provide a particularized basis for a seizure under the Fourth Amendment. 

The Court noted that “finding reasonable suspicion under these circumstances would effectively mean that any person who is approached by an officer in a high-crime area must fully cooperate with that officer or else be subject to a Terry seizure” and that “ironically, the compliance that would be required to avoid a seizure would essentially amount to a seizure.” 

The Court expressly declined to create “an exception to the Fourth Amendment for all people living in or passing through certain neighborhoods.”

Officers are reminded that except for the requirement to possess a valid operator’s or chauffer’s license when operating a motor vehicle and to display it upon demand of any police officer under MCL 257.311 when lawfully stopped by that officer, and absent unique circumstances such as concealed pistol license holders lawfully stopped by police, there is generally no legal duty under state law to provide identification or otherwise cooperate with police requests or demands for information.

Komorn Law (248) 357-2550
Criminal Defense | DUI | Traffic Tickets | Business | Family Law

Determining Whether Officer’s Actions were “Lawful”

When reviewing challenges to convictions in cases where the lawfulness of police action is an element of the criminal offense, as it is for resisting and obstructing a police officer and fleeing and eluding, courts will view the facts in the light most favorable to the prosecution and then determine whether the officer’s actions were “lawful” by viewing those facts under a lens sufficiently deferential to that conduct.  As such, officers are reminded of the importance of remaining thorough in their articulation of the facts and circumstances surrounding their actions and the exercise of their lawful authority.

Holding

Because the officers’ actions were outside the lawful performance of their duties, a required element for each offense, the prosecution did not prove Prude’s guilt beyond a reasonable doubt.  Prude’s convictions were found to be invalid.

Just goes to show – when you fight there’s a chance you can win.
Better call
Komorn (248) 357-2550

Sometimes our posts provide a general overview of things with opinionated sarcasm and dry humor by the writer to lighten the same old same old of other law sites.  It does not substitute for legal advice. Anyone charged with a criminal offense should consult an attorney for specific legal guidance. BTW. True Fact: When Michael Komorn fights the justice system there is only one focus. You and your rights.

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

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Just Because You’re Hanging Out in a High Crime Area Doesn’t Make You Suspicious

Just Because You’re Hanging Out in a High Crime Area Doesn’t Make You Suspicious

Mere presence in a “high crime” area does not provide particularized suspicion of criminal activity for an investigatory detention.

People vs Prude

In People v Prude, Prude was in a parked vehicle at an apartment complex that was regularly patrolled by police because of frequent reports of crimes committed by non-residents.  Prude was observed by an officer sitting alone during daylight hours, with the engine off, in an area of the parking lot where criminal activity was common.  No one else was in the area, and there was no evidence Prude’s vehicle was parked illegally or describing how long he had been parked in that location. 

I’m outta here

An officer approached Prude, asked for identification, and inquired whether he was a resident of the complex.  Although Prude declined to identify himself, he answered that he was not a resident but that he stayed at the complex with his girlfriend who was a resident.  A second officer then arrived, approached Prude’s vehicle, and upon recognizing Prude, provided his name to the first officer. 

The first officer then advised Prude he needed to be with a resident while on the property before returning to his patrol vehicle to verify Prude’s tenant status through LEIN and to check the complex’s internal database to see if Prude had previously received a trespass warning from the complex.  When asked, the second officer advised Prude he was being detained and that he was not free to leave.  Prude then started the vehicle, rolled up his window, and drove away at a high rate of speed.  

Komorn Law (248) 357-2550
Criminal Defense | DUI | Traffic Tickets | Business | Family Law

In it to win it

Prude was later arrested, charged, and eventually convicted by a jury of second degree fleeing and eluding under MCL 257.602a(4), and assaulting, resisting, or obstructing a police officer under MCL 750.81d(1).  The Court of Appeals affirmed Prude’s convictions.  Prude sought leave to appeal where he argued that because both offenses required the prosecution to prove beyond a reasonable doubt the police acted lawfully (see People v Chapo and People v Moreno), the prosecution presented insufficient evidence the officers lawfully detained him based on a reasonable suspicion he was trespassing.  The Michigan Supreme Court granted leave and without any oral argument, reversed Prude’s convictions and remanded the case to the trial court to enter judgments of acquittal.  

Just goes to show – when you fight there’s a chance you can win.
Better call
Komorn (248) 357-2550

Sometimes our posts provide a general overview of things with opinionated sarcasm and dry humor by the writer to lighten the same old same old of other law sites.  It does not substitute for legal advice. Anyone charged with a criminal offense should consult an attorney for specific legal guidance. BTW. True Fact: When Michael Komorn fights the justice system there is only one focus. You and your rights.

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

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Gun buyback program – Michigan

Gun buyback program – Michigan

There’s another bounty to be claimed besides turning in your neighbor.

Defined here in HB6144 can mean so many things…

“firearm” means any weapon that will, is designed to, or may readily be converted to expel a projectile by action of an explosive

Entrepreneurs get your fishing magnets out and hit the canals and waterways of greater Detroit. The government is buying guns “back”. Don’t sell them your legally purchased, registered and licensed gun. You may need it.

By all means turn in an illegal gun, keep it out of the hands of a person with criminal intent and collect that cash.

House Bills 61446145 and 6146 requiring the complete destruction of firearms turned over to the Michigan State Police through gun buyback programs that aim to curb gun violence by allowing gun owners to relinquish their weapons.

Lawmakers introduced the legislation after an “investigation” by “The New York Times” found that the Michigan State Police was the biggest client of a company that destroyed only some parts of firearms through buyback programs and sold the rest, enabling a secondary firearms market.

Maybe they may have recycled the parts saving a manufacture time, energy, environmental impact and waste products probably made in a sweat shop somewhere for after market parts. Or maybe they melt it down to make wind turbine parts. I don’t know I didn’t read the article cause I use the paper to put under my kid’s car to catch the oil leak drips in the driveway.

House Bill 6144

“The People of the State of Michigan enact:”

Sec. 5a. (1) Beginning on the effective date of the amendatory act that added this section, the department shall dispose of all firearms that are purchased by a municipality under a gun buyback program and turned over to the department.

(2) The department shall dispose of all firearms described under subsection (1) by destroying the firearms. The department shall ensure that all parts of the firearms disposed under subsection (1) are destroyed. The department shall not resell any firearm described under subsection (1).

(3) As used in this section, “firearm” means any weapon that will, is designed to, or may readily be converted to expel a projectile by action of an explosive.

We do gun rights restoration legal work. It’s not cheap but it beats shooting black powder muskets.  Call Us if you want to be able to defend you 2a rights and your family. Komorn Law (248) 357-2550

House Bill 6145

“The People of the State of Michigan enact:”

Sec. 14. (1) Subject to sections 5g and 14a, all pistols, weapons, or devices carried or possessed contrary to this act are declared forfeited to this state, and must be turned over to the director of the department of state police or the director’s designated representative, for disposal under this section.

(2) The director of the department of state police shall dispose of firearms under this section by

destroying them. The director shall ensure that all parts of a firearm disposed of under this section are destroyed.

(3) Before disposing of a firearm under this section, the director of the department of state police shall do both of the following:

(a) Determine through the law enforcement information network whether the firearm has been reported lost or stolen. If the firearm has been reported lost or stolen and the name and address of the owner can be determined, the director of the department of state police shall provide 30 days’ written notice of the director’s intent to dispose of the firearm under this section to the owner, and allow the owner to claim the firearm within that 30-day period if the owner is authorized to possess the firearm.

(b) Provide 30 days’ notice to the public on the department of state police website of the director’s intent to dispose of the firearm under this section. The notice must include a description of the firearm and state the firearm’s serial number, if the serial number can be determined. The department of state police shall allow the owner of the firearm to claim the firearm within that 30-day period if the owner is authorized to possess the firearm. The 30-day period required under this subdivision is in addition to the 30-day period required under subdivision (a).

(4) The department of state police is immune from civil liability for disposing of a firearm in compliance with this section.

5g?? 

House Bill 6146

“The People of the State of Michigan enact:”

Sec. 239. (1) Except as provided in subsection (2) and subject to section 239a, all pistols, weapons, or devices carried, possessed, or used contrary to this chapter are forfeited to this state and must be turned over to the department of state police for disposition as determined appropriate by the director of the department of state police or the director’s designated representative.

(2) The director of the department of state police shall dispose of firearms under this section by destroying them. The director shall ensure that all parts of a firearm disposed of under this section are destroyed.

(3) Before disposing of a firearm under this section, the director of the department of state police shall do both of the following:

(a) Determine through the law enforcement information network whether the firearm has been reported lost or stolen. If the firearm has been reported lost or stolen and the name and address of the owner can be determined, the director of the department of state police shall provide 30 days’ written notice of the director’s intent to dispose of the firearm under this section to the owner, and allow the owner to claim the firearm within that 30-day period if the owner is authorized to possess the firearm.

(b) Provide 30 days’ notice to the public on the department of state police website of the director’s intent to dispose of the firearm under this section. The notice must include a description of the firearm and state the firearm’s serial number, if the serial number can be determined. The department of state police shall allow the owner of the firearm to claim the firearm within that 30-day period if the owner is authorized to possess the firearm. The 30-day period required under this subdivision is in addition to the 30-day period required under subdivision (a).

(4) The department of state police is immune from civil liability for disposing of a firearm in compliance with this section.

Read the laws here: Michigan House Bills 61446145 and 6146

Sometimes our posts provide a general overview of things with opinionated sarcasm and dry humor by the hired writer. It does not substitute for legal advice. Anyone charged with a criminal offense should consult an attorney for specific legal guidance. BTW. True Fact: When Michael Komorn fights the justice system there is only one focus. You and your rights.

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 Laws

Sextortion – Michigan

Sextortion – Michigan

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Prohibited person possessing firearm

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Unlawful Possession of a Controlled Substance in Michigan

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Recent

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read more
Sextortion – Michigan

Sextortion – Michigan

Sextortion – Extortion with an S.

Michigan House Bills 5887 and 5888 make sextortion illegal in Michigan.

The law defines sextortion as a threat to create or disseminate sexually explicit images or videos of another person to coerce them.

The new law makes a first offense a felony punishable by up to five years’ imprisonment and/or a $5,000 fine, with increased penalties for subsequent offenses.

For adults victimizing minors, vulnerable adults or someone who suffers serious mental or physical harm because of the sextortion, they’d be guilty of a felony punishable by up to 25 years’ imprisonment.

A minor who engages in sextortion is guilty of a misdemeanor punishable by up to one year imprisonment.

Read the laws here: Michigan House Bills 5887 and 5888 

Tip: Don’t take or let anyone take naked pictures of you ever.

 Questions from the interwebs…

If I am a “sex worker” and have an only fans page. My pictures are everywhere on the internet. I put them under peoples windshield wipers as samples on advertising postcards at the strip clubs, dispensaries and shopping areas.

 

A guy told me he was going to send a link to my family if I don’t give him free access to my page.  Is that sextortion or just plain old extortion? Or is it just good old theft of intellectual property? or is it verbal assault or what?

 

Answer: Consultations cost $420 an hour.

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 Laws

Sextortion – Michigan

Sextortion – Michigan

Sextortion - Extortion with an S.Michigan House Bills 5887 and 5888 make sextortion illegal in Michigan. The law defines sextortion as a threat to create or disseminate sexually explicit images or videos of another person to coerce them. The new law makes a first...

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When Can Police Confiscate Your Drone in Michigan?

When Can Police Confiscate Your Drone in Michigan?

Someone asked us... Can the police take my drone?As we have seen ... They can charge, arrest you and take your stuff for whatever they want.  You'll have to fight it out in court to get it back.In Michigan, the police can confiscate your drone under certain...

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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...

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What is the Difference Between a Magistrate and a Judge

What is the Difference Between a Magistrate and a Judge

What's the difference between a Magistrate and a Judge in Michigan?In Michigan’s court system, both magistrates and judges play important roles, but they have different responsibilities and authority. Understanding the differences between the two can help you know...

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Prohibited person possessing firearm

Prohibited person possessing firearm

Thinking about going hunting? Not if you are a person who is prohibited from possessing a firearm in Michigan.In Michigan, certain individuals are legally prohibited from owning or possessing a firearm. Being caught with a firearm if you fall under this category can...

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Unlawful Possession of a Controlled Substance in Michigan

Unlawful Possession of a Controlled Substance in Michigan

Unlawful Possession of a Controlled Substance in MichiganIn Michigan, being caught with illegal drugs can lead to serious consequences. The state has strict laws on drug possession, and unlawful possession of a controlled substance is one of the most common charges....

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Obstruction Laws in Michigan

Obstruction Laws in Michigan

Move along or you'll be arrested for Obstruction of "Justice".In Michigan, obstruction is a crime that involves interfering with law enforcement or other officials when they are trying to carry out their duties. Obstruction can cover a wide range of actions, including...

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Note: This article provides a general overview and does not substitute for legal advice. Anyone charged with a criminal offense should consult an attorney for specific legal guidance.

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23andMe filed for Chapter 11 bankruptcy and your data is?

As of Friday 3/28/25, the firm’s shares were worth less than a dollar.If you are charged with a crime you're part of the State of Michigan family now. Call us - Because you don't want to be a part of that family. Komorn Law (248) 357-2550Genetic testing service...

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