Client charged with Carrying a Concealed Weapon

Client charged with Carrying a Concealed Weapon

Sep 21, 2020 | Blog, Recent Victories, Victories Project

Our client was charged with 5 year felony-carrying a concealed weapon.

Here’s the law they were charged with…

MCL750.227 Concealed weapons; carrying; penalty.

Sec. 227.

  (1) A person shall not carry a dagger, dirk, stiletto, a double-edged nonfolding stabbing instrument of any length, or any other dangerous weapon, except a hunting knife adapted and carried as such, concealed on or about his or her person, or whether concealed or otherwise in any vehicle operated or occupied by the person, except in his or her dwelling house, place of business or on other land possessed by the person.

  (2) A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business, or on other land possessed by the person, without a license to carry the pistol as provided by law and if licensed, shall not carry the pistol in a place or manner inconsistent with any restrictions upon such license.

  (3) A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2,500.00.

Case Victory

Komorn Law PLLC, is proud to announce another victory and rare outcome in the broken criminal justice system.

Case Background

The allegations in this matter, arose out of a traffic stop by the Sherriff’s Department. It was not a surprise that the case had several issues related to the stop, arrest and seizure of both the accused and the evidence intended to be used at trial.

After raising these issues, and being prepared to proceed with a hearing to address these issues, the state capitulated – or – said another way, they made an offer that we couldn’t refuse.

Important Legal Lesson For Gun Owners

This case represents an important legal lesson for second amendment possessors and advocates.

If you possess a firearm and while transporting it in your vehicle are involved in a traffic stop by the police. You can be assured that the manner or method of that transport will be heavily scrutinized (see below for Michigan firearm transport in vehicle laws).

My client had expressed to me his top priorities for the outcome of this matter, and on that list was his right to preserve his right to possess and own a firearm ( in addition to avoidance of a felony conviction, jail, or similar encumbrances) .

This was based upon concerns for safety at or upon his residence.

The final result and outcome in this matter allowed him to achieve this goal and move on with his life without affecting his future while retaining all of his fundamental rights.

Case Outcome

Client was charged with 5 year felony-Carrying a Concealed Weapon. Client resolved matter by pleading to a reduced charge of an unregistered vehicle and sentenced to a fine. Any and all second amendment rights, including ccw / pistol permit retained and unaffected by this disposition.

Mission Accomplished!

Tap the number for an Attorney to fight for your freedom and your life > 248-357-2550 – Komorn Law

GUN LAWS in MICHIGAN

As with any law or anything you find on the internet, before you act, one should get their information directly from a government website and/or consult an attorney.

Michigan’s Gun Laws

Licenses are issued at the local level by county clerks. A permit to purchase, a background check and firearms registration are required to buy a handgun from a private individual. 

Open carry is legal in Michigan with several restrictions. Open carry is allowed in more places than concealed carry as the restricted areas which can be found in MCL 28.425o apply to concealed carry. 

28.425o Premises on which carrying concealed weapon or portable device that uses electro-muscular disruption technology prohibited; “premises” defined; exceptions to subsections (1) and (2); violation; penalties.

Concealed carry is legal in Michigan with a Concealed Pistol License (CPL) and for individuals at least 21 years old who have CCW licenses/permits issued with  successful completion of a firearms training.

A Concealed Pistol License (CPL) is issued to residents only, with exceptions for active duty military stationed in Michigan as well as active duty military stationed outside of Michigan.

Each state in the USA has reciprocity laws. Michigan currently recognizes resident permits from all states, the District of Columbia and Puerto Rico (Note: Before traveling check each states laws for any changes or updates from an official state website).

Michigan is a Castle Doctrine (see  Self Defense Act 780.972 below) state.  A person may use deadly force, with no duty to retreat, if the individual has an honest and reasonable belief that such force is necessary to prevent the imminent death, great bodily harm or sexual assault to that person or to another individual. Any person who uses a gun legitimately in self-defense has immunity from civil liability. 

The Law for a Common Question About Transporting a Firearm in Michigan

Transporting or possessing firearm in or upon motor vehicle

750.227d Transporting or possessing firearm in or upon motor vehicle or self-propelled vehicle designed for land travel; violation as misdemeanor; penalty.

Sec. 227d.

  (1) Except as otherwise permitted by law, a person shall not transport or possess in or upon a motor vehicle or any self-propelled vehicle designed for land travel either of the following:

  (a) A firearm, other than a pistol, unless the firearm is unloaded and is 1 or more of the following:

  (i) Taken down.

  (ii) Enclosed in a case.

  (iii) Carried in the trunk of the vehicle.

  (iv) Inaccessible from the interior of the vehicle.

  (b) A pneumatic gun that expels a metallic BB or metallic pellet greater than .177 caliber unless the pneumatic gun is unloaded and is 1 or more of the following:

  (i) Taken down.

  (ii) Enclosed in a case.

  (iii) Carried in the trunk of the vehicle.

  (iv) Inaccessible from the interior of the vehicle.

  (2) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.

THE LINKS to SECTIONS of CHAPTER 750

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

Chapter XXXVII
FIREARMS

DocumentTypeDescription
Section 750.222SectionDefinitions.
Section 750.222aSection“Double-edged, nonfolding stabbing instrument” defined.
Section 750.223SectionSelling firearms and ammunition; violations; penalties; “licensed dealer” defined.
Section 750.224SectionWeapons; manufacture, sale, or possession as felony; violation as felony; penalty; exceptions; “muffler” or “silencer” defined.
Section 750.224aSectionPortable device or weapon directing electrical current, impulse, wave, or beam; sale or possession prohibited; exceptions; use of electro-muscular disruption technology; violation; penalty; verification of identity and possession of license; prohibited use; definitions.
Section 750.224bSectionShort-barreled shotgun or rifle; making, manufacturing, transferring, or possessing as felony; penalty; exceptions; short-barreled shotgun or rifle 26 inches or less; short-barreled shotgun or rifle greater than 26 inches; violation of subsection (5) as civil infraction; seizure and forfeiture; applicability of MCL 776.20 to subsection (3).
Section 750.224cSectionArmor piercing ammunition; manufacture, distribution, sale, or use prohibited; exceptions; violation as felony; penalty; definitions; exemption of projectile or projectile core; rule.
Section 750.224dSectionSelf-defense spray or foam device.
Section 750.224eSectionConversion of semiautomatic firearm to fully automatic firearm; prohibited acts; penalty; applicability; “fully automatic firearm”, “licensed collector”, and “semiautomatic firearm” defined.
Section 750.224fSectionPossession of firearm or distribution of ammunition by person convicted of felony; circumstances; penalty; applicability of section to expunged or set aside conviction; definitions.
Section 750.225SectionRepealed. 1993, Act 254, Imd. Eff. Nov. 29, 1993.
Section 750.226SectionFirearm or dangerous or deadly weapon or instrument; carrying with unlawful intent; violation as felony; penalty.
Section 750.226aSectionRepealed. 2017, Act 96, Eff. Oct. 11, 2017.
Section 750.227SectionConcealed weapons; carrying; penalty.
Section 750.227aSectionPistols; unlawful possession by licensee.
Section 750.227bSectionCarrying or possessing firearm when committing or attempting to commit felony; carrying or possessing pneumatic gun; exception; “law enforcement officer” defined.
Section 750.227cSectionTransporting or possessing loaded firearm in or upon vehicle propelled by mechanical means; violation as misdemeanor; penalty.
Section 750.227dSectionTransporting or possessing firearm in or upon motor vehicle or self-propelled vehicle designed for land travel; violation as misdemeanor; penalty.
Section 750.227fSectionCommitting or attempting to commit crime involving violent act or threat of violent act against another person while wearing body armor as felony; penalty; consecutive term of imprisonment; exception; definitions.
Section 750.227gSectionBody armor; purchase, ownership, possession, or use by convicted felon; prohibition; issuance of written permission; violation as felony; definitions.
Section 750.228SectionOwnership of pistol greater than 26 inches in length; conditions; election to have firearm not considered as pistol.
Section 750.229SectionPistols accepted in pawn, by second-hand dealer or junk dealer.
Section 750.230SectionFirearms; altering, removing, or obliterating marks of identity; presumption.
Section 750.231SectionMCL 750.224, 750.224a, 750.224b, 750.224d, 750.227, 750.227c, and 750.227d inapplicable to certain persons and organizations.
Section 750.231aSectionExceptions to MCL 750.227(2); “antique firearm” defined.
Section 750.231bSectionSale and safety inspection; persons exempt.
Section 750.231cSection“Aircraft,” “approved signaling device,” and “vessel” defined; sections inapplicable to approved signaling device; sale, purchase, possession, or use of approved signaling device; violation as misdemeanor; penalties.
Section 750.232SectionRepealed. 2017, Act 95, Eff. Oct. 11, 2017.
Section 750.232aSectionObtaining pistol in violation of MCL 28.422; intentionally making material false statement on application for license to purchase pistol; using or attempting to use false identification or identification of another person to purchase firearm; penalties.
Section 750.233SectionPointing or aiming firearm at another person; misdemeanor; penalty; exception; “peace officer defined.”
Section 750.234SectionFirearm; discharge; intentionally aimed without malice; misdemeanor; penalty; exception; “peace officer” defined.
Section 750.234aSectionIntentionally discharging firearm from motor vehicle, snowmobile, or off-road vehicle as crime; penalty; exceptions; other violation; consecutive terms; self-defense; “peace officer” defined.
Section 750.234bSectionIntentionally discharging firearm at dwelling or potentially occupied structure as felony; penalty; exceptions; other violation; consecutive terms; definitions.
Section 750.234cSectionIntentionally discharging firearm at emergency or law enforcement vehicle as felony; penalty; “emergency or law enforcement vehicle” defined.
Section 750.234dSectionPossession of firearm on certain premises prohibited; applicability; violation as misdemeanor; penalty.
Section 750.234eSectionBrandishing firearm in public; applicability; violation as misdemeanor; penalty.
Section 750.234fSectionPossession of firearm by person less than 18 years of age; exceptions; violation as misdemeanor; penalty.
Section 750.235SectionMaiming or injuring person by discharging firearm; intentionally aimed without malice; exception; “peace officer” defined.
Section 750.235aSectionParent of minor guilty of misdemeanor; conditions; penalty; defense; definitions.
Section 750.235bSectionThreatening to commit violence with firearm, explosive, or other dangerous weapon against students or employees on school property; specific intent or overt act; violation arising out of same transaction; definitions.
Section 750.236SectionSpring gun, trap or device; setting.
Section 750.236aSectionComputer-assisted shooting; prohibited acts; definitions.
Section 750.236bSectionComputer-assisted shooting; prohibited conduct; definitions.
Section 750.236cSectionViolation of MCL 750.236a or 750.236b; penalty; forfeiture.
Section 750.237SectionLiquor or controlled substance; possession or use of firearm by person under influence; violation; penalty; chemical analysis.
Section 750.237aSectionIndividual engaging in proscribed conduct in weapon free school zone; violation; penalties; definitions.
Section 750.238SectionSearch warrant.
Section 750.239SectionForfeiture of weapons; disposal; immunity from civil liability.
Section 750.239aSectionDisposition of seized weapon; immunity from civil liability; “law enforcement agency” defined.

Act 372 of 1927


AN ACT to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act.


History: 1927, Act 372, Eff. Sept. 5, 1927 ;– Am. 1929, Act 206, Imd. Eff. May 20, 1929 ;– Am. 1931, Act 333, Imd. Eff. June 16, 1931 ;– Am. 1980, Act 345, Eff. Mar. 31, 1981 ;– Am. 1990, Act 320, Eff. Mar. 28, 1991 ;– Am. 2000, Act 265, Imd. Eff. June 29, 2000 ;– Am. 2000, Act 381, Eff. July 1, 2001 ;– Am. 2012, Act 123, Eff. Aug. 6, 2012
Popular Name: CCW
Popular Name: Concealed Weapons
Popular Name: CPL
Popular Name: Right to Carry
Popular Name: Shall Issue


© 2020 Legislative Council, State of Michigan

The People of the State of Michigan enact:

DocumentTypeDescription
Section 28.421SectionDefinitions; lawful owning, possessing, carrying, or transporting of pistol greater than 26 inches in length; conditions; firearm not considered as pistol; election.
Section 28.421aSectionConcealed pistol licenses; issuance; creation of standardized system.
Section 28.421bSectionFirearms records; confidentiality; disclosure prohibited; exceptions; violation as civil infraction; fine.
Section 28.422SectionLicense to purchase, carry, possess, or transport pistol; issuance; qualifications; applications; sale of pistol; exemptions; transfer of ownership to heir or devisee; nonresident; active duty status; forging application as felony; implementation during business hours.
Section 28.422aSectionIndividuals not required to obtain license; completion of record by seller; duties of purchaser; noncompliance as state civil infraction; penalty; entering information into pistol entry database; obtaining copy of information; exemption; material false statement as felony; penalty; rules; verification; definitions.
Section 28.422bSectionEntry of order or disposition into law enforcement information network; written notice; person subject of order; request to amend inaccuracy; notice of grant or denial of request; hearing; entry of personal protection order; service required.
Section 28.423SectionRepealed. 2000, Act 381, Eff. July 1, 2001.
Section 28.424SectionRestoration of rights by circuit court; petition; fee; determination; order; circumstances.
Section 28.425SectionConcealed pistol application kits.
Section 28.425aSectionValidity and duration of concealed pistol license issued before December 1, 2015; duties of county clerk; verification by state police; applicant issued personal protection order; emergency license; requirements; notice of statutory disqualification; surrender of emergency license; compilation of firearms laws by legislative service bureau; distribution; statement.
Section 28.425bSectionLicense application; form; contents; material false statement as felony; record; fee; verification of requirements; determination; circumstances for issuance; information of court order or conviction; fingerprints; issuance or denial; individual moving to different county; replacement license; suspension or revocation of license; furnishing copy of application to individual; list of certified instructors; delivery of license by first-class mail; liability for civil damages; voluntary surrender of license; definitions.
Section 28.425cSectionLicense; form; contents; authorized conduct; photograph.
Section 28.425dSectionDenial or failure to issue notice of statutory disqualification, receipt, or license; appeal.
Section 28.425eSectionDatabase; annual report.
Section 28.425fSectionConcealed pistol license; possession; disclosure to peace officer; violation; fine; notice to department; suspension or revocation by county clerk; entry into law enforcement information network; seizure by peace officer; forfeiture; “peace officer” defined.
Section 28.425gSectionPistol or portable device that uses electro-muscular disruption technology; subject to seizure and forfeiture; exception.
Section 28.425hSectionExpiration of license issued under former law; renewal license.
Section 28.425iSectionInstruction or training; liability.
Section 28.425jSectionPistol training or safety program; conditions; prohibited conduct; violation of subsection (3) as felony; certificate of completion.
Section 28.425kSectionAcceptance of license as implied consent to submit to chemical analysis of breath, blood, or urine; collection and testing; refusal to take chemical test; definitions.
Section 28.425lSectionLicense; validity; duration; renewal; waiver of educational requirements; fingerprints.
Section 28.425mSectionRepealed. 2015, Act 3, Eff. June 2, 2015.
Section 28.425nSectionOther license or permit; limitations by employer prohibited.
Section 28.425oSectionPremises on which carrying concealed weapon or portable device that uses electro-muscular disruption technology prohibited; “premises” defined; exceptions to subsections (1) and (2); violation; penalties.
Section 28.425vSectionConcealed weapon enforcement fund; creation; disposition of funds; lapse; expenditures.
Section 28.425wSectionAppropriation; amount; purpose; total state spending; appropriations and expenditures subject to MCL 18.1101 to 18.1594.
Section 28.425xSectionConcealed pistol licensing fund.
Section 28.426SectionIssuance of license; conditions.
Section 28.426aSectionRepealed. 2015, Act 3, Eff. June 2, 2015.
Section 28.427SectionConcealed weapons licenses; expiration.
Section 28.428SectionSuspension, revocation, or reinstatement of license; notice; surrender of license; order or amended order; entry into law enforcement information network; effect of suspension or revocation order; failure to receive notice.
Section 28.429SectionRepealed. 2008, Act 195, Eff. Jan. 7, 2009.
Section 28.429aSectionRepealed. 2012, Act 377, Imd. Eff. Dec. 18, 2012.
Section 28.429bSectionRepealed. 2012, Act 377, Imd. Eff. Dec. 18, 2012.
Section 28.429cSectionRepealed. 2012, Act 377, Imd. Eff. Dec. 18, 2012.
Section 28.429dSectionRepealed. 2000, Act 381, Eff. July 1, 2001.
Section 28.430SectionTheft of firearm; report required; failure to report theft as civil violation; penalty.
Section 28.431SectionRepealed. 2012, Act 377, Imd. Eff. Dec. 18, 2012.
Section 28.432SectionInapplicability of MCL 28.422; amendatory act as “Janet Kukuk act”.
Section 28.432aSectionExceptions.
Section 28.432bSectionSignaling devices to which MCL 28.422 inapplicable.
Section 28.432cSectionRepealed. 2000, Act 381, Eff. July 1, 2001.
Section 28.433SectionUnlawful possession of weapon; complaint, search warrant, seizure.
Section 28.434SectionUnlawful possession; weapon forfeited to state; disposal; immunity.
Section 28.434aSectionDisposition of firearm; immunity from civil liability; “law enforcement agency” defined.
Section 28.435SectionSale of firearms by federally licensed firearms dealer; sale of trigger lock or secured container; exceptions; brochure or pamphlet; statement of compliance; notice of liability; action by political subdivision against firearm or ammunition producer prohibited; rights of state attorney general; exceptions; effect of subsections (9) through (11); violation; penalties; definitions.

750.246 Mutilation.

Sec. 246.

   Mutilation of flag, etc.—Any person who shall publicly mutilate, deface, defile, defy, trample upon or by word or act cast contempt upon any such flag, standard, color, ensign, coat-of-arms or shield, is guilty of a misdemeanor.

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Medical Examiner Changes Cause of Death in Warren

Medical Examiner Changes Cause of Death in Warren

Feb 7, 2020 | Blog, Komorn Law In The News, Recent Victories, Victories Project

Defense attorneys for two of three men charged with manslaughter after a killing in Warren say the case should be dismissed after the Macomb County medical examiner took the rare action to remove homicide as the manner of death.

Medical Examiner Dr. Daniel Spitz initially ruled the death of Kenneth “Kenny” Klingler, 24, of Auburn Hills, as caused by another person.

Review the evidence

After viewing related video of the incident Spitz changed the manner of death in January to “indeterminate.”

Video shows Klinger could have been run over by one vehicle, and possibly as many as three, as he laid on Mound Road in Warren.

 

Attorney Michael Komorn, representing co-defendant Chris Twarowski, agreed charges should be dropped and blamed prosecutors and Warren police officials for initially presenting a “false narrative” of the incident to the public and Klingler’s family.

“It’s a huge disservice to the victim’s family by suggesting this false narrative, that they beat him and left him to die,” he said.

Three men remain charged with involuntary manslaughter, punishable by up to 15 years in prison.

“I’m very pleased Dr. Spitz was willing to take a second look at this … and had an honest change of mind,” said Robbie Lang, attorney for defendant Christopher Zehnpfennig. But, “I am just shocked why this case continues and has not been dismissed.”

It’s been unfair to the defendants as they all have had trouble getting jobs while the charges are pending, the attorneys said.

Zehnpfennig and Twarowski, both 23 at the time of the incident, reside in Warren. Their co-defendant is Nathan Thomas Domagalski, 25 at the time, of Hazel Park. The trio’s preliminary examination scheduled for last Friday in 37th District Court in Warren was adjourned after Spitz’s amended report was disclosed.

A new date was set for March 25, 2020.

Read the back story and a lot More Here in the Oakland Press

Updates and more news

Oakland Press 6-18-20
Dismissal sought after medical examiner changes cause of death in Warren case

Macomb Daily 11/21/20
Bizarre night’ in Warren ends with prosecutors dropping charges

If you have a case that needs one of the top criminal defense attorney’s in Michigan to help defend your freedom and future. Call Komorn Law 248-357-2550 or visit KomornLaw.com to learn more.

Komorn Law In The News

Recent News

The Oakland Press Dismissal sought after medical examiner changes cause of …Attorney Michael Komorn, representing co-defendant Chris Twarowski, agreed charges should be dropped and blamed prosecutors and …

 

mlive.com Defense attorneys say drivers should refuse Michigan’s new roadside drug testsKomorn calls the effort of the pilot to detect and identify marijuana as the culprit for impaired driving using roadside tests “absurd.” “The science …

 

mlive.com MichMash: Attorneys accuse Michigan State Police of conflict of interest over breathalyzer probeFarmington Hills-based defense attorney Michael Komorn specializes in DUI and cannabis cases. He says an independent investigation would …

2 weeks ago mlive.com Michigan’s suspected drunk drivers face blood draws during breathalyzer ‘fraud’ investigation“If you refuse, they’re usually going to request a search warrant,” Komorn said. “So they’re still going to get your blood somehow, probably.”.

3 weeks ago WDET Attorneys Accuse Michigan State Police of Conflict of Interest …Farmington Hills-based defense attorney Michael Komorn specializes in DUI and cannabis cases. He says an independent investigation would …

3 weeks ago The Oakland PressIs smell enough to justify search warrant? Bloomfield …However, Carlson’s defense attorney Michael Komorn said the judges failed to address if current Michigan marijuana law can be applied …

MLive.com Michigan roadside drug testing pilot program expands to all countiesAttorney Michael Komorn of Komorn Law in Farmington Hills questioned the testing pilot program, saying it is based on “junk science” and the …

MLive.com Michigan officials grapple with CBD oil regulation“CBD and other cannabinoids extracted from the plant are not criminalized anymore but would be subject to FDA regulations,” Komorn said.

MLive.com New laws, weak cases prompt Michigan attorney general to dismiss marijuana charges”We’re delighted to hear that the attorney general had the courage to dismiss against the Sochackis,” said Michael Komorn, lawyer for Matt and …

MLive.com Cannabis advocates sue to remove marijuana from controlled substances list in Michigan“This is not a controlled substance,” Komorn said. “The idea that someone would be growing an opioid … and bringing it to a pharmacy …

Nessel signals shift in policy with dismissal of marijuana charges

Nessel signals shift in policy with dismissal of marijuana charges

Feb 27, 2019 | Blog, News, Victories Project

Four people charged with marijuana crimes by Republican former Attorney General Bill Schuette will have their charges dismissed by Democratic Attorney General Dana Nessel.

“Weak cases and changing laws” were cited as some of the reasons for the dismissals in two of the three marijuana cases pending in Nessel’s criminal division, according to a statement from her office. Those who had their charges dismissed were not “major players” in the cases or lacked sufficient evidence to prove their involvement, her office said.

Even remaining defendants in the three cases may be offered pleas to reduced charges so that Nessel’s office can focus on “truly bad actors,” Nessel said in a statement.

“Juries don’t want to convict people on charges concerning something that is now legal,” she said.

Nessel was a vocal advocate for marijuana legalization while on the campaign trail and received support from the cannabis community. After the November voter-approved legalization of marijuana, Nessel encouraged county prosecutors to stop pursuing misdemeanor possession cases. 

After the election, then Gov.-elect Gretchen Whitmer said she would pursue executive action or legislation to free inmates and expunge criminal records for those convicted of marijuana crimes. 

Among the charges dismissed were those against Mark and Terra Sochacki and Amanda Amsdill related to dispensaries James and Debra Amsdill ran in 2011 in St. Clair, Tuscola and Sanilac counties. The Sochackis were employees of the Amsdills.

The Sochackis had been charged with felony deliver/manufacture of marijuana, while Amanda Amsdill had been charged with conducting a criminal enterprise.

The charges against James and Debra Amsdill were not dismissed, but could be reduced in the future.

After eight years, two circuit court dismissals and two Court of Appeals dismissals, Amanda Amsdill was happy to hear charges against her were dropped but disappointed her parents weren’t also cleared, Amsdill’s lawyer Paul Tylenda said.  

“This is certainly a step in the right direction for Michigan and for the Attorney General’s office in Michigan,” Tylenda said. “I don’t think there was any dispute that the previous attorney general loved to overcharge marijuana issues.”

The Sochackis also were relieved by the decision, but are in some ways “broken” by the long legal process, said the couple’s lawyer Michael Komorn. 

“Its been devastating to them,” Komorn said. “They’ve gone through a lot.”

Mark Sochacki currently is serving a prison sentence for 2017 assault and robbery charges in St. Clair County, according to online Michigan Department of Corrections records.

Noelle Lathers, who had been charged with delivery/manufacture of marijuana, also had her charges dismissed from circuit courts in Hillsdale and Jackson counties.

Defendants in a third case involving charges in circuit courts in Genesee and Livingston counties may be offered a plea deal to reduced charges.

eleblanc@detroitnews.com

(517) 371-3661

MICHIGAN MEDICAL MARIHUANA ACT – Section 4 Defense

MICHIGAN MEDICAL MARIHUANA ACT – Section 4 Defense

Sep 4, 2018 | Blog, Criminal Defense Attorney Michael Komorn, Victories Project

Marijuana Criminal Defense

Client with medical marijuana card was charged with marijuana possession. Client was assigned a court appointed lawyer and encouraged to plead guilty and accept 3 months of probation. Client hired Michael Komorn for representation and withdrew the plea.

The charge was dismissed.

 

MICHIGAN MEDICAL MARIHUANA ACT (Initiated Law 1 of 2008)
Title AN INITIATION of Legislation to allow under state law the medical use of marihuana; to provide protections for the medical use of marihuana; to provide for a system of registry identification cards for qualifying patients and primary caregivers; to impose a fee for registry application and renewal; to make an appropriation; to provide for the promulgation of rules; to provide for the administration of this act; to provide for enforcement of this act; to provide for affirmative defenses; and to provide for penalties for violations of this act.

 

The People of the State of Michigan enact:
Chapter 333
Section 333.26424
History History: 2008, Initiated Law 1, Eff. Dec. 4, 2008 ;– Am. 2012, Act 512, Eff. Apr. 1, 2013 ;– Am. 2016, Act 283, Eff. Dec. 20, 2016

 

Description
Section 4. will present the protections for the Medical Use of Marihuana
Details
Sec. 4.

(a) A qualifying patient who has been issued and possesses a registry identification card is not subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed a combined total of 2.5 ounces of usable marihuana and usable marihuana equivalents, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount. The privilege from arrest under this subsection applies only if the qualifying patient presents both his or her registry identification card and a valid driver license or government-issued identification card that bears a photographic image of the qualifying patient.

(b) A primary caregiver who has been issued and possesses a registry identification card is not subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for assisting a qualifying patient to whom he or she is connected through the department’s registration process with the medical use of marihuana in accordance with this act. The privilege from arrest under this subsection applies only if the primary caregiver presents both his or her registry identification card and a valid driver license or government-issued identification card that bears a photographic image of the primary caregiver. This subsection applies only if the primary caregiver possesses marihuana in forms and amounts that do not exceed any of the following:

(1) For each qualifying patient to whom he or she is connected through the department’s registration process, a combined total of 2.5 ounces of usable marihuana and usable marihuana equivalents.

(2) For each registered qualifying patient who has specified that the primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility.

(3) Any incidental amount of seeds, stalks, and unusable roots.

(c) For purposes of determining usable marihuana equivalency, the following shall be considered equivalent to 1 ounce of usable marihuana:

(1) 16 ounces of marihuana-infused product if in a solid form.

(2) 7 grams of marihuana-infused product if in a gaseous form.

(3) 36 fluid ounces of marihuana-infused product if in a liquid form.

(d) A person shall not be denied custody or visitation of a minor for acting in accordance with this act, unless the person’s behavior is such that it creates an unreasonable danger to the minor that can be clearly articulated and substantiated.

(e) There is a presumption that a qualifying patient or primary caregiver is engaged in the medical use of marihuana in accordance with this act if the qualifying patient or primary caregiver complies with both of the following:

(1) Is in possession of a registry identification card.

(2) Is in possession of an amount of marihuana that does not exceed the amount allowed under this act. The presumption may be rebutted by evidence that conduct related to marihuana was not for the purpose of alleviating the qualifying patient’s debilitating medical condition or symptoms associated with the debilitating medical condition, in accordance with this act.

(f) A registered primary caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marihuana. Any such compensation does not constitute the sale of controlled substances.

(g) A physician shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by the Michigan board of medicine, the Michigan board of osteopathic medicine and surgery, or any other business or occupational or professional licensing board or bureau, solely for providing written certifications, in the course of a bona fide physician-patient relationship and after the physician has completed a full assessment of the qualifying patient’s medical history, or for otherwise stating that, in the physician’s professional opinion, a patient is likely to receive therapeutic or palliative benefit from the medical use of marihuana to treat or alleviate the patient’s serious or debilitating medical condition or symptoms associated with the serious or debilitating medical condition, provided that nothing shall prevent a professional licensing board from sanctioning a physician for failing to properly evaluate a patient’s medical condition or otherwise violating the standard of care for evaluating medical conditions.

(h) A person shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for providing a registered qualifying patient or a registered primary caregiver with marihuana paraphernalia for purposes of a qualifying patient’s medical use of marihuana.

(i) Any marihuana, marihuana paraphernalia, or licit property that is possessed, owned, or used in connection with the medical use of marihuana, as allowed under this act, or acts incidental to such use, shall not be seized or forfeited.

(j) A person shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, solely for being in the presence or vicinity of the medical use of marihuana in accordance with this act, or for assisting a registered qualifying patient with using or administering marihuana.

(k) A registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States that allows the medical use of marihuana by a visiting qualifying patient, or to allow a person to assist with a visiting qualifying patient’s medical use of marihuana, shall have the same force and effect as a registry identification card issued by the department.

(l) Any registered qualifying patient or registered primary caregiver who sells marihuana to someone who is not allowed the medical use of marihuana under this act shall have his or her registry identification card revoked and is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both, in addition to any other penalties for the distribution of marihuana.

(m) A person shall not be subject to arrest, prosecution, or penalty in any manner or denied any right or privilege, including, but not limited to, civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for manufacturing a marihuana-infused product if the person is any of the following:

(1) A registered qualifying patient, manufacturing for his or her own personal use.

(2) A registered primary caregiver, manufacturing for the use of a patient to whom he or she is connected through the department’s registration process.

(n) A qualifying patient shall not transfer a marihuana-infused product or marihuana to any individual.

(o) A primary caregiver shall not transfer a marihuana-infused product to any individual who is not a qualifying patient to whom he or she is connected through the department’s registration process

 

Links
http://legislature.mi.gov/doc.aspx?mcl-333-26424

 

About Komorn Law

Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.

If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws.

Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.

Contact us for a free no-obligation case evaluation
800-656-3557.

Follow Komorn Law

2018 Ballot for Marijuana Legalization in the State of Michigan

2018 Ballot for Marijuana Legalization in the State of Michigan

Sep 1, 2018 | News, Recent Victories, Victories Project

The proposed ballot language for marijuana legalization in the state of Michigan appears finished.

It will appear as proposal 1 on the November general ballot.

In April, the Michigan Board of State Canvassers approved a petition to legalize the recreational use of marijuana in the state of Michigan.

After the state legislature failed to take up the petition it would be put on the ballot for citizens to vote.

A proposed initiated law to authorize possession, use and cultivation of marijuana products by individuals who are at least 21 years of age and older, and commercial sales of marijuana through state-licensed retailers

This proposal would:

  • Allow individuals age 21 and older to purchase, possess and use marijuana and marijuana-infused edibles, and grow up to 12 marijuana plants for personal consumption.
  • Impose a 10-ounce limit for marijuana kept at residences and require that amounts over 2.5 ounces be secured in locked containers.
  • Create a state licensing system for marijuana businesses including growers, processors, transporters, and retailers.
  • Allow municipalities to ban or restrict marijuana businesses.
  • Permit commercial sales of marijuana and marijuana-infused edibles through state-licensed retailers, subject to a new 10% tax earmarked for schools, roads, and municipalities where marijuana businesses are located.

 

 

About Komorn Law

Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.

If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws.

Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.

Contact us for a free no-obligation case evaluation
800-656-3557.

Follow Komorn Law

Detroit Warehouse Marijuana Bust

Detroit Warehouse Marijuana Bust

Aug 11, 2018 | News, Recent Victories, Victories Project

In late May, Detroit police, along with federal law enforcement agencies, raided what the media described as a “massive marijuana grow operation.”

It turned out to be Viola Brands a temporary licensed medical marijuana and cannabis company in Detroit that was founded by former NBA player Al Harrington. 

It was raided even though they should have known it was legal. 

The license address was listed on this document.

Six people were arrested and charged with felonies. The crop — more than 1,000 plants valued at several million of dollars, 100 pounds of marijuana along with lights, fans and testing equipment, were seized. 

U.S. Border Patrol was credited with an assist.  A Border Patrol agent who works in “gang intel” and was “embedded” with the Detroit Police Department conducted a “thorough investigation,” and obtained a search warrant, Detroit police Sgt. Gerry Johnson told a local television station.

“This is one of the most sophisticated operations I’ve seen in a long time,” Johnson said.

There was a reason for that. The “bust” was a raid of a licensed medical marijuana cultivation facility run by Viola Brands, a cannabis company founded by former NBA star Al Harrington. 

Viola Brands had a state permit as well as local building permits.

Case Dismissed

On July 31, Komorn Law as well as other defense attorneys got Judge Kenneth King of 36th District Court to dismissed the case “in the interest of fairness.”

According to a defense attorney involved in the case

The Detroit Police apparently forgot — or did not bother — to secure the door to the facility after the raid, allowing burglars to enter and make off with expensive equipment the police did not seize

How did Detroit Police manage to “investigate” and “raid” a  “marijuana operation” without figuring out that it was licensed by the city?

Detroit’s building inspection department is owed at least some of the blame. When police called to see if the operation was legitimate — the “investigation” referred to above — Detroit building inspectors gave the wrong answer and said that there shouldn’t have been a grow there. 

Detroit building inspectors are digging in their heels, insisting that the grow at Viola Brands was illegal.

In court, prosecutors argued that Viola Brands was licensed only to “sell” at the facility, and not to grow. 

“That’s absurd,” said medical marijuana defense attorney Michael Komorn in an interview with the Detroit News. “It’s a semantic issue because I would say everyone would understand that if they’ve been given permission to sell it, of course a medical marijuana caregivers center includes growing and cultivating marijuana.”

Komorn’s question — as well as the many other questions of who might be liable to damages done to Viola Brands during the raid now appears headed to a courtroom.

See Related Article Here

See various news video here

 

About Komorn Law

Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.

If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws.

Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.

Contact us for a free no-obligation case evaluation
800-656-3557.

Follow Komorn Law