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

Feb 19, 2025 | Michigan Laws, Michigan News

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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Other Posts

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

Qualifying for a Public Defender in Michigan

Feb 7, 2025 | Michigan Laws, Michigan News

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.

Are Your Constitutional Rights Threatened?
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Komorn Law (248) 357-2550

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.

With trailblazing 1857 law, Michigan guaranteed all defendants’ right to legal counsel

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.

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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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Gun buyback program – Michigan

Gun buyback program – Michigan

Jan 24, 2025 | Michigan Laws

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 6144, 6145 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 6144, 6145 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

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Sextortion – Michigan

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Jan 23, 2025 | Michigan Laws

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

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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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Michigan’s public employees are protected by government immunity for bad decisions

Michigan’s public employees are protected by government immunity for bad decisions

Jun 18, 2024 | Michigan Laws

Sorry…Not Sorry

Michigan Governmental Immunity Laws

Michigan’s governmental immunity laws provide legal protection to government agencies and their employees in negligence lawsuits. Here are the key points:

Governmental Agency Immunity:

  • A governmental agency is immune from tort liability when engaged in the exercise or discharge of a governmental function.
  • This immunity does not modify or restrict the state’s immunity from tort liability as it existed before July 1, 1965.
  • The state’s immunity from tort liability is affirmed.

Officer and Employee Immunity:

Officers, employees, and volunteers acting on behalf of a governmental agency are immune from tort liability for injuries or property damage caused during the course of employment or service.

Conditions for immunity:

  • Acting within the scope of authority.
  • The governmental agency is engaged in a governmental function.
  • Conduct does not amount to gross negligence that proximately causes injury or damage.
  • Intentional torts are not covered by this immunity.

Specific Immunities:

  • Judges, legislators, and the highest appointive executive officials are immune from tort liability when acting within their respective authorities.
  • Guardians ad litem are immune when acting within their authority.

Why not you?

Because you don’t work for the government.

Watch the abuse in the near future

Relevant Michigan Compiled Laws (MCL) Links

News Articles on Michigan Immunity Laws

FAQs

Is Michigan a qualified immunity state?

  • In Michigan, qualified immunity is created by statute. Its application, however, is limited to state court civil actions alleging tortious behavior causing injury or damages, such as cases which allege assault, battery (excessive force claims), and injuries from vehicular accidents.

What are the exceptions to governmental immunity in Michigan?

  • Since 1986, most of the governmental immunity cases have been focused on the major exceptions to governmental immunity—failure to keep highways in reasonable repair, the negligent operation of government-owned motor vehicles, and dangerous or defective conditions in public buildings.

Who qualifies for immunity?

  • Qualified immunity only applies to suits against government officials as individuals, not suits against the government for damages caused by the officials’ actions. Although qualified immunity frequently appears in cases involving police officers, it also applies to most other executive branch officials.

What states are getting rid of qualified immunity?

  • In addition, cities and states can create their own causes of action to hold government officials accountable and ban qualified immunity as a potential defense. Today, four states—Colorado, Montana, Nevada, and New Mexico—have eliminated qualified immunity for state constitutional lawsuits against police officers.

Here’s the Law
MCL Section 691.1407

691.1407 Immunity from tort liability; intentional torts; immunity of judge, legislator, official, and guardian ad litem; immunity of governmental agency under MISS DIG underground facility damage prevention and safety act; definitions.

Sec. 7.

    (1) Except as otherwise provided in this act, a governmental agency is immune from tort liability if the governmental agency is engaged in the exercise or discharge of a governmental function. Except as otherwise provided in this act, this act does not modify or restrict the immunity of the state from tort liability as it existed before July 1, 1965, which immunity is affirmed.
    (2) Except as otherwise provided in this section, and without regard to the discretionary or ministerial nature of the conduct in question, each officer and employee of a governmental agency, each volunteer acting on behalf of a governmental agency, and each member of a board, council, commission, or statutorily created task force of a governmental agency is immune from tort liability for an injury to a person or damage to property caused by the officer, employee, or member while in the course of employment or service or caused by the volunteer while acting on behalf of a governmental agency if all of the following are met:
    (a) The officer, employee, member, or volunteer is acting or reasonably believes he or she is acting within the scope of his or her authority.
    (b) The governmental agency is engaged in the exercise or discharge of a governmental function.
    (c) The officer’s, employee’s, member’s, or volunteer’s conduct does not amount to gross negligence that is the proximate cause of the injury or damage.
    (3) Subsection (2) does not alter the law of intentional torts as it existed before July 7, 1986.
    (4) This act does not grant immunity to a governmental agency or an employee or agent of a governmental agency with respect to providing medical care or treatment to a patient, except medical care or treatment provided to a patient in a hospital owned or operated by the department of community health or a hospital owned or operated by the department of corrections and except care or treatment provided by an uncompensated search and rescue operation medical assistant or tactical operation medical assistant.
    (5) A judge, a legislator, and the elective or highest appointive executive official of all levels of government are immune from tort liability for injuries to persons or damages to property if he or she is acting within the scope of his or her judicial, legislative, or executive authority.
    (6) A guardian ad litem is immune from civil liability for an injury to a person or damage to property if he or she is acting within the scope of his or her authority as guardian ad litem. This subsection applies to actions filed before, on, or after May 1, 1996.
    (7) The immunity provided by this act does not apply to liability of a governmental agency under the MISS DIG underground facility damage prevention and safety act.
    (8) As used in this section:
    (a) “Gross negligence” means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.
    (b) “Search and rescue operation” means an action by a governmental agency to search for, rescue, or recover victims of a natural or manmade disaster, accident, or emergency on land or water.
    (c) “Search and rescue operation medical assistant” means an individual licensed to practice 1 or more of the occupations listed in subdivision (e), acting within the scope of the license, and assisting a governmental agency in a search and rescue operation.
    (d) “Tactical operation” means a coordinated, planned action by a special operations, weapons, or response team of a law enforcement agency that is 1 of the following:
    (i) Taken to deal with imminent violence, a riot, an act of terrorism, or a similar civic emergency.
    (ii) The entry into a building, area, watercraft, aircraft, land vehicle, or body of water to seize evidence, or to arrest an individual for a felony, under the authority of a warrant issued by a court.
    (iii) Training for the team.
    (e) “Tactical operation medical assistant” means an individual licensed to practice 1 or more of the following, acting within the scope of the license, and assisting law enforcement officers while they are engaged in a tactical operation:
    (i) Medicine, osteopathic medicine and surgery, or as a registered professional nurse, under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
    (ii) As an emergency medical technician, emergency medical technician specialist, or paramedic under part 209 of the public health code, 1978 PA 368, MCL 333.20901 to 333.20979.
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

Criminal Law FAQs – Theft Crimes

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Probable Cause v Reasonable Suspicion

Probable Cause v Reasonable Suspicion

What's the difference between probable cause and reasonable suspicion?Definition of Probable Cause Probable cause refers to the belief held by a reasonable person that a crime is currently being committed, has already been committed, or is likely to be committed in...

Are there exceptions that justify warrantless searches?

Are there exceptions that justify warrantless searches?

Exceptions to your 4th Amendment Rights against Search and Seizure (more to come).The Fourth Amendment of the U.S. Constitution safeguards citizens by prohibiting unreasonable searches and seizures and generally mandates the necessity of a warrant for such intrusions....

Warrantless Searches in Michigan

Warrantless Searches in Michigan

I don't need a warrant for that...In Michigan, as in the rest of the United States, the Fourth Amendment of the fading Constitution provides individuals with protection against unreasonable searches and seizures by law enforcement. Generally, this means that police...