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.
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.
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.
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.
Small Business Compliance Accrual Method: Employees accrue 1 hour of paid sick time forevery 30 hours worked, and unused paid sick time rolls over upto 72 hours, or 40 for a small business. Employers may limit theuse of earned sick time to 72 hours, or 40 for a small...
Carrying a concealed weapon (CCW) in Michigan without proper authorization is a crime.Carrying a concealed weapon (CCW) in Michigan without proper authorization can lead to serious criminal charges. Michigan law has strict regulations regarding firearms, and violating...
A federal appeals court has ruled that the ban preventing people who use marijuana from possessing firearms is unconstitutional. The U.S. Court of Appeals for the Fifth Circuit concluded that the historical context of the Second Amendment’s original 1791 ratification did not justify disarming individuals based on past drug usage.
The decision is the latest in a series of successful challenges to the long-standing federal prohibition, which is actively being contested in various court cases across the country.
A three-judge panel for the Fifth Circuit Court of Appeals decided on Wednesday to toss the conviction of Patrick Daniels, a Mississippi man arrested and sentenced to prison for possessing firearms as an unlawful user of marijuana. The panel found that Daniels’ conviction was inconsistent with the “history and tradition” of gun regulation.
“In short, our history and tradition may support some limits on an intoxicated person’s right to carry a weapon, but it does not justify disarming a sober citizen based exclusively on his past drug usage,” Judge Jerry E. Smith, a Ronald Reagan appointee, wrote for the unanimouspanel inUS v. Daniels.
“Nor do more generalized traditions of disarming dangerous persons support this restriction on nonviolent drug users. As applied to Daniels, then, § 922(g)(3) violates the Second Amendment.”
RESTORE YOUR GUN RIGHTS – CALL OUR OFFICE – KOMORN LAW (248) 357-2550
Kimberly Golden Gore, an attorney for Daniels, similarly said during an oral argument in June that her client was “serving 46 months in a federal facility for having less than half a gram of marijuana, and two firearms that otherwise would have been legal,” arguing that “historical tradition simply doesn’t support that kind of permanent and total restriction on his Second Amendment rights.”
This ruling potentially invalidates the firearms ban for any person who is an “unlawful user” of any illicit drug, not just marijuana.
DISCLAIMER In a legal environment that continues to evolve, it is essential to stay informed and seek guidance from knowledgeable professionals. Before acting on any information you find on the internet, this website, any linked website, any referring website or any verbal or written information consult a licensed attorney. Contact Komorn Law today to discuss your case and learn how we can assist you in navigating the complexities of Michigan’s laws. Consult an Attorney – Remember you’re on the internet.
DISCLAIMER In a legal environment that continues to evolve, it is essential to stay informed and seek guidance from knowledgeable professionals. Before acting on any information you find on the internet, this website, any linked website, any referring website or any verbal or written information consult a licensed attorney. Contact Komorn Law today to discuss your case and learn how we can assist you in navigating the complexities of Michigan’s laws. Consult an Attorney – Remember you’re on the internet.
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.
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.
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.
Biden’s commutation for Judge in ‘kids for cash’ scandal should anger the entire universe.Biden’s commutation in ‘kids for cash’ scandal. BY MICHAEL...
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.
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
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.
Establishes universal background checks for all firearm purchases, safe storage requirements
LANSING, Mich– Today, Governor Gretchen Whitmer signed commonsense gun violence prevention bills that will establish universal background checks for all firearm purchases and safe storage requirements. In January, Governor Whitmer proposed this legislation during her State of the State address and has worked with the Michigan Legislature, community groups, law enforcement, students and parents following February’s shooting at Michigan State University and the shooting at Oxford High School in November 2021 to get these commonsense measures that will reduce gun violence signed into law.
“Today, we are turning our pain into purpose and honoring those we have lost with commonsense gun violence prevention legislation supported by a majority of Michiganders,” said Governor Whitmer. “Universal background checks and safe storage are long-overdue steps we are proud to take today that will save lives by keeping guns out of the hands of criminals and domestic abusers and children in the home. I want to thank my partners in the legislature for getting this done, the advocates who fought so hard to make this happen, and every Michigander impacted by gun violence who shared their stories. We will keep working together to prevent mass shootings, reduce gun violence, and save lives.”
“Every gun death is preventable, yet so many Michiganders, including me, have lost people they love to the senseless tragedy of gun violence,” said Lieutenant Governor Garlin Gilchrist II. “Today, we are taking action on commonsense reforms supported by a majority of Michiganders. Universal background checks and safe storage laws will save lives and help keep families and kids safe at home, in the streets, at school, and at work. These bills build on our ongoing investments in public safety and Operation Safe Neighborhoods to create safer communities where everyone can thrive. Governor Whitmer and I are committed to building on this progress and working with anyone to prevent gun violence.”
Governor Whitmer signed Senate Bills 79, 80, 81, and 82 and House Bills 4138 and 4142.
“The prevalence of gun violence is exhausting and frustrating, and for a very long time it felt like there was no hope for progress. But the thousands of Michigan voices calling for change never gave up, and today – in our first hundred days of the new majority – that call for change results in new laws that will make our state safer,” Senate Majority Leader Winnie Brinks (D-Grand Rapids) said. “We hope that these first steps become a blueprint for other states that have yet to find their path forward on gun violence prevention. Today’s bill signing is proof that when you bring first responders, students, parents, teachers, safety experts, and community leaders together to find common ground, you can save lives and build the better, safer future that Michiganders deserve.”
“Protecting children is our top priority,” said Speaker Joe Tate (D-Detroit). “As elected officials, it is our responsibility to do what we can to help keep our communities safe from gun violence. Requiring guns be safely stored in homes where a minor is present and implementing background checks for the purchase of all firearms are simple reforms that just make sense. Owning a firearm is both a right and a responsibility and we must be sure we are doing all we can to help keep kids safe and to stop the illegal sale of guns.”
Senate Bill 79, sponsored by state Senator Bayer (D- West Bloomfield), will protect children by requiring an individual to keep a firearm being stored or left unattended on a premises unloaded and locked with a locking device or stored in a locked box or container if it is reasonably known that a minor is or is likely to be present on the premises and establish a range of penalties for a violation. The bill will also require the Department of Health and Human Services to inform the public of the penalties, publish lethal means counseling literature, and provide that literature to federally licensed firearms dealers and revise the wording of a notice that a federally licensed firearms dealer must post on the premises where firearms are sold.
“Finally, there is a tiny stitch to begin healing my heart, broken from the Oxford school shootings, the MSU school shootings, and every injury or death from accidental shootings of or by children. Finally, we are doing our job, passing legislation, taking our first steps to manage this out-of-control gun violence situation in Michigan,” said state Senator Rosemary Bayer (D-West Bloomfield). “I’m grateful for the work of my colleagues on this issue for years, for my team and the policy team who have worked so hard to get it done, and to the Governor and her team for making it possible for these to become law. Let’s celebrate, and then get back to work on the next step!”
Senate Bill 80, sponsored by state Senator McDonald Rivet(D-Bay City) is the senator’s first public act. The legislation updates the state’s criminal code for safe storage of firearms for child access protection.
“I have devoted the bulk of my career to helping children and families thrive. We can’t thrive without feeling and being safe,” said state Senator McDonald Rivet (D-Bay City). “That’s why overwhelming majorities in Michigan, including gun owners, support the action we’re taking. This is about protecting our children and preventing tragedies from upending our communities. I’m proud to stand against special interests and stand up for kids and families.”
“Over half of all gun owners don’t store and lock their guns, which means millions of young children live in homes with unlocked and loaded firearms,” said state Representative Felicia Brabec (D-Pittsfield Township), chair of the Michigan Firearm Safety and Violence Prevention Caucus. “That’s why we’ve introduced bills that crate safe storage requirements for firearm owners with children in the home. By keeping guns properly stored, we can prevent even the potential misuse of those weapons by children. We have a chance and a responsibility to change the culture around keeping guns responsibly and securely stored. I have high hopes that these bills will not only encourage responsible gun ownership but that they will save Michiganders’ lives.”
Senate Bills 81 and 82, sponsored by state Senators Irwin and Hertel, lower the costs of firearm safety devices to ensure owners can safely store their guns, keeping them away from children and out of the hands of criminals.
“Firearm fatalities are currently the leading cause of death for young people in our nation,” said state Senator Kevin Hertel (D-St. Clair Shores). “As a father, I am proud of the steps our state is taking today to change that and build a safer future for all.”
House Bills 4138 and 4142, sponsored by state Representatives Churches and Carter, protect Michigan communities by closing loopholes in the law and expanding universal background checks to all firearms.
“It is our collective responsibility to keep students safe,” said state Representative Jaime Churches (D-Grosse Ile). “This legislation provides a foundation to help build a safer Michigan – so no student, no worshiper, no law enforcement officer – has to fear for their safety. As state representative for Downriver, I will advocate for reasonable, common-sense policies to protect our communities from gun violence.”
“Michigan has not been spared from our nation’s plague of gun violence,” said state Representative Brenda Carter (D-Pontiac). “For years now, the legislature in Michigan has been paralyzed to act. No more. I am proud to have the governor sign my bill as a part of the universal background check package and to be able to share in this great moment for our state.”
Quotes from Community Leaders
“This is a great day for Michiganders. The gun safety bills signed into law today will undoubtedly save lives and make the state of Michigan a safer place to live. No one should have to go about their lives and fear gun violence,” said former Congresswoman Gabby Giffords. “Today’s bill signing was a major step forward to stopping gun violence in Michigan. We thank Governor Whitmer, Speaker Tate, Leader Brinks, and all legislators who supported these important bills and the advocates who made this bill a reality.”
“This legislation is a commonsense approach to keeping children and communities safe,” said Marquette County Sherriff Gregory Zyburt. ” These bills will ensure those that do not qualify to purchase guns, don’t. I’m thankful to work alongside legislators to prevent gun violence and keep firearms out of the hands of individuals who intend to harm others.”
The federal government’s justification for upholding the law is “concerning,” according to a federal judge, who ruled that the ban on marijuana users owning firearms is unconstitutional.
A man was charged in Oklahoma in 2022 after police found marijuana and a handgun in his car while he was driving, and the U.S. District Court for the Western District of Oklahoma dismissed the indictment on Friday.
Judge Patrick Wyrick concurred with the attorneys that the Second Amendment of the Constitution is violated by the law that forbids “unlawful” cannabis users from owning firearms.
This ruling comes as the ban is still being contested in a separate federal court by several medical cannabis patients and former Florida Agriculture Commissioner Nikki Fried (D).
The Trump-appointed judge in this case heavily relied on an interpretation of a recent Supreme Court decision in which the justices generally set higher standards for policies that seek to restrict gun rights.
According to the ruling, any such limitations must be in line with the Second Amendment’s original ratification in 1791.
The judge said in his decision on Friday that the historical analogies the Justice Department relied on to support the ban, including allusions to outdated case law prohibiting Catholics, allies, slaves and Indians from owning weapons, “misses the mark” and “cannot provide the basis for a historical analogue.”
The government’s position that marijuana users who use it illegally are “both unvirtuous and dangerous” was also addressed. A user of marijuana does not automatically fall into that category, according to Wyrick, “because the mere act of using marijuana do not involve violent, forceful, or threatening conduct.”
Similar arguments have been made by the government in the Florida-based case, in which medical cannabis patients are actively contesting a federal district court’s decision that dismissed their DOJ lawsuit in November.
Because the state’s cannabis laws had made it possible for “habitual marijuana users” and other disqualified people to obtain firearms illegally, the ATF issued an advisory in 2020 that specifically targeted Michigan and mandated that gun sellers conduct federal background checks on all unlicensed gun buyers.
The Department of Justice will likely appeal Wyrick’s ruling to a higher federal court.
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. Call Now 248-357-2550
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.
