Compounding Charges Laws in Michigan

Compounding Charges Laws in Michigan

Understanding Compounding Charges Laws in Michigan

Compounding charges refer to the illegal act of accepting or agreeing to accept a benefit in exchange for not prosecuting a crime. In Michigan, this is considered a serious offense, and the law specifically prohibits it under Michigan Laws.

What is Compounding?

Compounding occurs when a person involved in or aware of a crime chooses not to report it or prosecute it in exchange for something valuable. Essentially, it’s a way of “settling” the matter privately instead of going through the legal system, often through money, services, or other forms of compensation.

The Michigan Law (MCL 750.122)

According to MCL 750.122, it is illegal for someone to:

  • Accept money, property, or any advantage in exchange for agreeing not to pursue charges or report a crime.
  • Offer money or benefits to someone else to prevent them from prosecuting or reporting a crime.

This law applies to both the person who might report the crime (such as the victim) and the person who offers the benefit (such as the offender). The law makes it clear that the proper way to handle any crime is through the court system, not private arrangements.

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

Penalties

The penalties for compounding can vary based on the severity of the underlying crime. Under MCL 750.122(7), if the crime being “settled” is a felony, then compounding the charge is also treated as a felony. If the crime is a misdemeanor, compounding becomes a misdemeanor. This ensures that compounding is not an easy way out of legal consequences.

Why This Matters

The reason compounding charges are treated so seriously is to ensure justice. When someone allows a crime to be hidden in exchange for personal gain, it undermines the justice system and can allow criminals to avoid punishment.

In Michigan, the law against compounding charges is clear and strict. It is never legal to accept or offer benefits in exchange for not prosecuting or reporting a crime. The courts are the proper avenue for handling all criminal matters.

For more details, you can view the specific law on the Michigan Legislature website (MCL) Section 750.122.

Any Exceptions?

In Michigan, there are no exceptions that allow for compounding charges under MCL 750.122.

The law is strict in prohibiting any agreement to accept compensation in exchange for not reporting or prosecuting a crime.

This means that regardless of the circumstances, a person cannot legally accept money, services, or other benefits to refrain from involving the legal system in a crime.

Unless you are rich and famous or a politician.

However, while MCL 750.122 prohibits private settlements or agreements to avoid prosecution, there are legal alternatives within the justice system itself, such as plea bargains and restitution agreements.

These are formal processes, overseen by courts or prosecutors, where a defendant may agree to plead guilty to a lesser charge or make amends to the victim. Importantly, these arrangements are part of the legal system and are monitored to ensure fairness and justice.

Exactly how many people are locked up for weed?

“The best we can do is an educated guess.”

The Last Prisonor Project

Note: This article provides a general overview and does not substitute for legal advice. Anyone charged with an offense should consult an attorney for specific legal guidance. Don’t forget the internet is full of “Misinformation”

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“Harris unveils new proposals targeting Black men as she looks to shore up Democratic coalition” CNN

Amid the ongoing national issues, Vice President Kamala Harris introduced new initiatives on Monday aimed at addressing the needs of Black men as she works to bolster her coalition in anticipation of the upcoming Election Day.

Legalizing Cannabis

The proposal aims to provide Black men “with the tools to achieve financial freedom, lower costs to better provide for themselves and their families, and protect their rights,” according to a release by the campaign.

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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

Think National Legalization Will Save You?

No soup for you says the Michigan Court of Appeals. Back to the public health code you go.

Court of Appeals Opinion

Because we conclude the MRTMA provides no such proscription,we affirm the trial court’s denial of the motion to dismiss, and the case is remanded to the circuit court for trial on felony charges.

If you want to know more read the opinion here, otherwise just call our office if you get in the same sticky situation.

STATE OF MICHIGAN v JULIA KATHLEEN SOTO – MRTMA – COA 20241007_c370138_23_370138.opn

Exactly how many people are locked up for weed?

“The best we can do is an educated guess.”

The Last Prisonor Project

Here is some interesting related info

The report entitled Weighing the Impact of Simple Possession of Marijuana: Trends and Sentencing in the Federal System updates a 2016. As of January 2022, no offenders sentenced solely for simple possession of marijuana remained in the custody of the Federal Bureau of Prisons.”

(One might assume not many people get arrested for “Simple Posession” by the Feds).

Note: This article provides a general overview and does not substitute for legal advice. Anyone charged with an offense should consult an attorney for specific legal guidance. Don’t forget the internet is full of “Misinformation”

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Attorney Michael Komorn

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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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When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

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At Komorn Law, we are dedicated to protecting the rights of our clients and staying at the forefront of legal developments.

Our firm’s success in the landmark case of People v. Thue set a significant precedent for medical marijuana patients on probation. Recently, another pivotal case, People v. Lopez-Hernandez, was decided by the Michigan Court of Appeals, which further clarifies the boundaries of marijuana use under probation conditions. 

Case Summary: People v. Lopez-Hernandez

In People v Lopez-Hernandez, the defendant, Marco A. Lopez-Hernandez, appealed his probation violation based on the argument that his use of recreational marijuana, compliant with the Michigan Regulation and Taxation of Marihuana Act (MRTMA), should not be penalized.

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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

Court’s Decision

The Michigan Court of Appeals affirmed the lower court’s decision to uphold the probation violation. The court distinguished this case from the Thue decision by noting the context of Lopez-Hernandez’s initial offense, which involved operating a vehicle under the influence of marijuana—a direct violation of both state law and the terms of his probation.

The court emphasized that while the MRTMA decriminalizes the use of marijuana by adults, it does not protect individuals who violate other laws, such as operating a vehicle while impaired.

Therefore, the condition of probation prohibiting marijuana use was deemed lawful and rationally related to the defendant’s rehabilitation.

Implications for Marijuana Users on Probation

This ruling underscores the critical distinction between medical and recreational marijuana use under Michigan law, particularly in the context of probation conditions.

Probation Conditions and Marijuana Use:

Under the MRTMA, adults over 21 years old are allowed to use marijuana recreationally. However, this does not extend to situations where the use of marijuana violates other laws or probation conditions.

Conditions prohibiting marijuana use can still be imposed on probationers if they are rationally related to the offense and the individual’s rehabilitation.

Impact of Prior Offenses:
Individuals convicted of marijuana-related offenses, especially those involving impaired driving, can expect stricter probation conditions related to marijuana use.

This decision clarifies that using marijuana recreationally in violation of the law (e.g., driving under the influence) will not be protected under the MRTMA.

Distinction from Thue Case:
The Thue case protected medical marijuana patients from probation conditions that prohibited compliant use of medical marijuana.

The Lopez-Hernandez decision makes it clear that similar protections do not necessarily apply to recreational use, especially when the underlying offense involves marijuana-related impairment.

The People v. Lopez-Hernandez decision highlights the ongoing evolution of marijuana law in Michigan and the importance of understanding how it intersects with probation conditions.

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