Steps to Expunge Your Record in Michigan

Steps to Expunge Your Record in Michigan

You’re not the same person you were when you were younger.

You’re not the same person you were when you were younger. Your life, your goals, your friends and you have changed. Yet you have this weight on your shoulders of your past. A lot of it was probably over charged by the “justice” system to take your money to keep the lights on in the court house and control you. Take advantage of the current expungement laws before they change again.

Having a criminal record can significantly impact your life and limit your opportunities, including employment and housing. If you have a criminal record in Michigan, you may be eligible to have it expunged or sealed under certain circumstances.

Expungement is the process of clearing or sealing a criminal record, and it can provide a fresh start for those who have made mistakes in the past. In this article, we will outline the steps to expunge your record in Michigan, including eligibility criteria, the expungement process, and post-expungement considerations.

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Get Your Record Expunged. Start the Process Now! Contact Komorn Law – Call (248) 357-2550

Understanding Expungement in Michigan

Defining Expungement

Expungement is a legal process that allows individuals to have certain criminal records removed or “sealed” from public view. In Michigan, expungement is also referred to as “setting aside” a conviction.

Types of Criminal Records That Can Be Expunged

In Michigan, certain felony and misdemeanor convictions, including traffic offenses, can be expunged. However, some serious offenses such as criminal sexual conduct or some traffic offenses involving alcohol cannot be expunged.

Benefits of Expungement

Expungement can provide significant benefits to individuals by allowing them to have a fresh start. It can improve their chances of securing employment, housing, and educational opportunities. It can also remove the stigma associated with having a criminal record.

Eligibility Criteria for Expungement

Overview of Eligible Offenses

In Michigan, individuals with one felony or two misdemeanor convictions may be eligible for expungement. However, some offenses such as assaultive crimes or serious traffic offenses cannot be expunged.

Waiting Period Requirements

There are waiting period requirements that must be met before an individual can apply for expungement. The waiting periods vary depending on the offense and can range from three to seven years.

Additional Eligibility Factors

In addition to waiting periods, there are other factors that can affect an individual’s eligibility for expungement. For example, the individual must have a clean criminal record after the conviction they want to expunge, and they cannot have more than one felony conviction in their lifetime.

Preparing for the Expungement Process

Gathering Required Information

To apply for expungement, an individual must gather information about their criminal record, including the date of the conviction, the court where the conviction was entered, and the offense they want to expunge.

Obtaining Court Documents

To file the petition for expungement, an individual must obtain court documents related to their conviction. These may include the judgment of sentence or a certificate of conviction.

Consulting with an Attorney

It is highly recommended that individuals seeking expungement consult with an attorney. An attorney can review their case and provide guidance on the eligibility requirements and the expungement process.

Get Your Record Expunged. Start the Process Now! Contact Komorn Law – Call (248) 357-2550

Filing the Petition for Expungement

Preparing the Petition Form

To apply for expungement, an individual must complete a petition form and attach all required documents. The form must be completed accurately and thoroughly.

Filing the Petition with the Court

The completed petition form and all required documents must be filed with the court where the individual was convicted. A copy of the petition must also be served on the prosecutor’s office.

Paying Filing Fees

There is a filing fee required to file a petition for expungement. The fee amount may vary depending on the county in which the petition is filed. It is important to note that the fee is non-refundable, even if the petition is denied.

Attending the Expungement Hearing

Expungement is the legal process of erasing or sealing a criminal record from public view. If you’re seeking to expunge your record in Michigan, attending a hearing is a critical step in the process. Here are the steps to follow when attending an expungement hearing for a Michigan criminal record.

Preparing for the Hearing

Before attending the hearing, ensure that you have prepared all the required documents according to Michigan law. This includes a petition for expungement, Michigan State Police criminal history report, proof of service and consent, court fee payment receipt, and any other supporting documents required by the court.

You should also dress appropriately for the hearing to make a good impression. Choose something professional or business casual, avoid wearing anything too flashy or informal, and make sure to groom yourself to look presentable.

Presenting Your Case to the Judge

When presenting your case to the judge, be honest, direct, and respectful. Explain why you’re seeking an expungement and the positive changes you’ve made in your life since your conviction. Provide any evidence that supports your case, such as letters of recommendation, employment history, and education certificates.

Make sure to answer all questions from the judge, prosecutor, or any other party involved with the hearing. Speak clearly and confidently and remember to remain calm and composed throughout the hearing process.

Receiving the Judge’s Decision

Once you’ve presented your case, the judge will make a decision to grant or deny your expungement request. If your request is granted, your criminal record will be sealed or erased. However, if your request is denied, you may need to wait for a specified period before filing for expungement again.

If your request is granted, you will probably receive a discharge order, which will confirm that your conviction has been erased, and you’re no longer required to disclose it to potential employers or landlords.

Post-Expungement Considerations and Benefits

Updating Your Criminal Record

After receiving an expungement, you need to update your criminal record to reflect the change in your status. This means that you’ll need to notify any relevant parties or agencies, such as employers and law enforcement agencies, about the expungement.

Benefits of Expungement on Employment and Housing

Expungement of your criminal record will have a significant impact on your employment and housing opportunities. With a clean record, you’re eligible for more job opportunities and can apply for housing without fear of being rejected due to your criminal history.

Limitations of Expungement

Although expungement can erase or seal a criminal record, it does not mean that the record would be destroyed entirely. The record will still be available to law enforcement agencies, and it may affect your eligibility for certain professional licenses and immigration status.

Common Mistakes to Avoid During the Expungement Process

Filing for Expungement Too Soon

In Michigan, you can apply for an expungement only after five years have passed since your conviction, so filing too soon will result in an automatic denial.

Not Including Required Information on the Petition

Failing to include all the necessary information on your petition for expungement can also lead to a denial. Ensure that you provide accurate and complete information about your conviction, such as the date of conviction, charge, and court location.

Not Disclosing All Convictions

Not disclosing all convictions, even those that have been expunged, can lead to serious legal repercussions. It’s important to be honest and transparent about your criminal record to avoid any legal issues in the future.Expungement can be a life-changing process that provides a new start for those who have made mistakes in the past. By following the steps outlined in this article, you can take the necessary steps to clear or seal your criminal record in Michigan and move forward with your life. Remember to consult with an attorney and gather all required information before filing your petition for expungement. With patience, persistence, and the right guidance, you can successfully expunge your record and open up new opportunities for your future.

FAQ

1. Can all criminal records be expunged in Michigan?

Not all criminal records are eligible for expungement in Michigan. Only certain offenses, such as misdemeanors and some non-violent felonies, can be expunged. Additionally, certain waiting periods and eligibility criteria must be met before a record can be expunged.

2. How long does the expungement process take in Michigan?

The expungement process in Michigan can take several months or longer, depending on various factors such as the court’s schedule, the complexity of the case, and the specific eligibility requirements. It’s important to be patient and persistent throughout the process and to seek the guidance of an experienced attorney if possible.

3. Is it necessary to hire an attorney to expunge your record in Michigan?

While it is not necessary to hire an attorney to expunge your record in Michigan, it is highly recommended. An experienced attorney can guide you through the eligibility criteria and requirements, gather necessary information and court documents, and represent you in court. Additionally, an attorney can help ensure that your case is presented in the best possible light to the judge.

4. Can expunged records be accessed by employers or the public?

Expunged records are generally no longer accessible to the public, including potential employers. However, certain government agencies and law enforcement may still have access to the records, and the record may still appear on certain background checks.

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Cannabis Possession – From a Possible Life Sentence to 2 Years Probation

Cannabis Possession – From a Possible Life Sentence to 2 Years Probation

We defended our client Michael Thue who was facing a possible life sentence for the following charges in Grand Traverse Court.

1. CONTROL SUBSTANCEDEL/MANU 5-45 KILGRAM
2.  POSSESSION SCHEDULE 5 AND LSD 02/14/2023
3.  HABITUAL OFFEN-SUP WAR/4 CONV 02/14/2023
4.  CONT SUBSTANCE-POSS OF MARIJUANA 02/14/2023

Case Summary

After a SWAT style raid on Thue’s place by law enforcement where they burned his plants and removed several other items Thue retained Komorn Law and lead trial Attorney Michael Komorn jumped in the trench next to his client and started gathering information to aggressively defend him as he does for all his clients.

This was Thue’s 4th strike which means he could have been sentenced under the Michigan Habitual Offenders Sentencing Laws.

This could have been a life sentence (more detail below).

The Judge, who was familiar with Thue, eluded to the fact that Thue being charged with a life defense and now reduced to a misdemeanor indicates the laws in this area are a mess. The judge also said that smaller cannabis entities are being put out of business by larger corporations and couldn’t believe he had to pass sentence stating he was protecting the revenues of the State of Michigan. The judge insisted that Thue had to plea to something in order to be a conviction which ended up being growing more plants than allowed.

The conditions of the 2 year probation sentence were to comply with MMMA laws and MRTMA laws plus costs $800.

State or Federal Cases

CHARGED WITH DUI OR A CANNABIS RELATED CRIME?

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Michigan Habitual Offenders

Criminal Proceedings Benchbook, Vol. 2 (michigan.gov)

4.4 Maximum Sentences for Habitual Offenders

“‘A trial court, when sentencing a defendant as an habitual offender, must exercise its discretion in setting the maximum sentence, that is, it is not required by law to increase the maximum sentence.’” People v Bonilla-Machado, 489 Mich 412, 429-430 (2011), quoting People v Turski, 436 Mich 878, 878 (1990) (remand was appropriate where the trial court “erroneously asserted that it was bound by law to enhance the maximum sentences”).

A.Second Habitual Offender Status (HO2)

This discussion presumes the prosecutor is seeking an enhanced sentence under MCL 769.13. See Section 4.2 for more information on the prosecutor’s right to seek an enhanced sentence.

A person is a second habitual offender if he or she is convicted of a felony or attempted felony and has been previously convicted of a felony or attempted felony in Michigan or in another state if the violation would have been a felony violation in Michigan. See MCL 769.10(1). A second habitual offender is subject to the following penalties, except as otherwise provided in MCL 769.10 and MCL 771.1:

•If the subsequent felony is punishable on first conviction by a term less than life imprisonment, the court “may place the person on probation[1] or sentence the person to imprisonment for a maximum term that is not more than 1-1/2 times the longest term prescribed for a first conviction of that offense or for a lesser term.” MCL 769.10(1)(a).

•If the subsequent felony is punishable on first conviction by life imprisonment, the court “may place the person on probation[2] or sentence the person to imprisonment for life or for a lesser term.” MCL 769.10(1)(b).

•If the subsequent felony is a major controlled substance offense,3 the court must sentence the person as provided by MCL 333.7401 to MCL 333.7461MCL 769.10(1)(c).

Any term of years sentence must be indeterminate, meaning it must have a minimum and maximum sentence “in terms of years or a fraction of a year[.]” MCL 769.10(2). The maximum sentence must not be “less than the maximum term for a first conviction.” Id.

B.Third Habitual Offender Status (HO3)

This discussion presumes the prosecutor is seeking an enhanced sentence under MCL 769.13. See Section 4.2 for more information on the prosecutor’s right to seek an enhanced sentence.

A person is a third habitual offender if he or she is convicted of a felony or attempted felony and has been previously convicted of any combination of two or more felonies or attempted felonies in Michigan or in another state if the violations would have been felony violations in Michigan. A third habitual offender is subject to the following penalties, except as otherwise provided in MCL 769.11 and MCL 771.1:

•If the subsequent felony is punishable on first conviction by a term less than life imprisonment, the court “may sentence the person to imprisonment for a maximum term that is not more than twice the longest term prescribed by law for a first conviction of that offense or for a lesser term.” MCL 769.11(1)(a).

•If the subsequent felony is punishable on first conviction by life imprisonment, the court “may sentence the person to imprisonment for life or for a lesser term.” MCL 769.11(1)(b).

•If the subsequent felony is a major controlled substance offense,4 the court must sentence the person as provided by MCL 333.7401 to MCL 333.7461MCL 769.11(1)(c).

Any term of years sentence must be indeterminate, meaning it must have a minimum and maximum sentence “in terms of years or a fraction of a year[.]” MCL 769.11(2). The maximum sentence must not be “less than the maximum term for a first conviction.” Id.

C.Fourth Habitual Offender Status (HO4)

This discussion presumes the prosecutor is seeking an enhanced sentence under MCL 769.13. See Section 4.2 for more information on the prosecutor’s right to seek an enhanced sentence.

A person is a fourth habitual offender if he or she is convicted of a felony or attempted felony and has been previously convicted of any combination of three or more felonies or attempted felonies in Michigan or in another state if the violations would have been felony violations in Michigan. A fourth habitual offender is subject to the following penalties:

•“If the subsequent felony is punishable upon a first conviction by imprisonment for a maximum term of 5 years or more or for life, the court, except as otherwise provided in this section or [MCL 771.1], may sentence the person to imprisonment for life or for a lesser term.” MCL 769.12(1)(b).

•“If the subsequent felony is punishable upon a first conviction by imprisonment for a maximum term that is less than 5 years, the court, except as otherwise provided in this section or [MCL 771.1], may sentence the person to imprisonment for a maximum term of not more than 15 years.” MCL 769.12(1)(c).

•If the subsequent felony is a major controlled substance offense,5 the court must sentence the person as provided by MCL 333.7401 to MCL 333.7461MCL 769.12(1)(d).

In addition to the general maximum sentence enhancement provisions set out in MCL 769.12 for fourth habitual offenders, MCL 769.12(1)(a) provides for a mandatory minimum sentence of 25 years’ imprisonment for certain violent offenders. The sentencing court must impose a sentence of imprisonment for not less than 25 years if:

•the offender has been convicted of three or more prior felonies or felony attempts, including at least one listed prior felony,6 and

•the subsequent felony that the offender is convicted of committing or conspiring to commit is a serious crimeMCL 769.12(1)(a).

For purposes of MCL 769.12(1)(a) only, “[n]ot more than [one] conviction arising out of the same transaction shall be considered a prior felony conviction[.]” MCL 769.12(1)(a).

The 25-year mandatory minimum sentence imposed by MCL 769.12(1)(a) does not constitute cruel or unusual punishment under the Michigan Constitution, Const 1963, art 1, § 16.7 People v Burkett, 337 Mich App 631, 635-642 (2021) (rejecting what it characterized as a facial challenge to MCL 769.12(1)(a)). “Under the Michigan Constitution, the prohibition against cruel or unusual punishment includes a prohibition on grossly disproportionate sentences.” Burkett, 337 Mich App at 636 (cleaned up). “Legislatively mandated sentences are presumptively proportional and presumptively valid,” and “to overcome the presumption that the sentence is proportionate, a defendant must present unusual circumstances that would render the presumptively proportionate sentence disproportionate.” Id. at 637 (quotation marks and citations omitted). A three-part test is used to determine whether a punishment is cruel or unusual: “(1) the severity of the sentence imposed and the gravity of the offense, (2) a comparison of the penalty to penalties for other crimes under Michigan law, and (3) a comparison between Michigan’s penalty and penalties imposed for the same offense in other states.” Id. at 636-637 (quotation marks and citation omitted). “Consideration of the three-part test leads to the conclusion that the minimum sentence mandated by MCL 769.12(1)(a) is neither cruel nor unusual” because the statute “only applies to individuals convicted of a serious felony who have previously been convicted of three or more felonies, at least one of which is a listed prior felony,” and it “reflects a rational legislative judgment, entitled to deference, that offenders who have committed serious or violent felonies and who continue to commit felonies must be incapacitated.” Burkett, 337 Mich App at 642 (quotation marks and citation omitted).

Any term of years sentence must be indeterminate, meaning it must have a minimum and maximum sentence “in terms of years or a fraction of a year[.]” MCL 769.12(2). The maximum sentence must not be “less than the maximum term for a first conviction.” Id.

1    See Section 9.2 for more information about probation.

2    See Section 9.2 for more information about probation.

3    Sentences for subsequent major controlled substance offenses are discussed in Section 4.5.

4    Sentences for subsequent major controlled substance offenses are discussed in Section 4.5.

5    Sentences for subsequent major controlled substance offenses are discussed in Section 4.5.

6   Only convictions under the specific Michigan statutes listed in MCL 769.12(6)(a) constitute listed prior felonies for purposes of MCL 769.12(1)(a); a conviction in another jurisdiction for an offense comparable to a listed offense does not constitute a listed prior felony for purposes of the mandatory 25-year minimum sentence under MCL 769.12(1)(a)People v Pointer-Bey, 321 Mich App 609, 622-623 (2017) (noting that, unlike the general rule of MCL 769.12(1) that comparable out-of-state convictions are considered when determining fourth-habitual offender status, “MCL 769.12(6)(a) contains no indication that convictions under comparable statutes from other jurisdictions should be considered ‘listed prior felonies’ for purposes of MCL 769.12(1)(a),” and holding that the defendant’s conviction under a federal statute comparable to a Michigan statute listed in MCL 769.12(6)(a) could not be considered for purposes of MCL 769.12(1)(a)).

7   “If a punishment passes muster under the state constitution, then it necessarily passes muster under the federal constitution.” People v Burkett, 337 Mich App 631, 636 (2021) (quotation marks and citation omitted).

Don’t Let Your Record Hold You Back: How to Expunge your Conviction in Michigan

Don’t Let Your Record Hold You Back: How to Expunge your Conviction in Michigan

You don’t have to wander alone wondering about your record holding you back. Get it expunged before the laws change…again.

If you have a criminal record in Michigan, it can be challenging to move on with your life. A conviction can significantly limit your employment and housing opportunities, and it can be a constant source of stress and embarrassment. However, many individuals with a criminal past may be eligible for expungement. Expungement is the legal process of removing a criminal conviction from your record, and it can help you move forward with your life. In this article, we will explain the expungement process in Michigan, including eligibility criteria, the application process, and the benefits of expungement. We will also provide helpful tips for avoiding common mistakes during the application process and discuss life after expungement.

1. Understanding Expungement and its Benefits

What is Expungement?

Expungement is a legal process that allows individuals to have their criminal records erased or sealed. This means that the records of the offense will not appear on background checks for employment, housing, or any other purposes. Expungement can greatly benefit people who have been convicted of a crime, as it can provide a fresh start and allow them to move forward with their lives.

Benefits of Expungement

The benefits of expungement are numerous. With a clean record, individuals can apply for jobs without fear of discrimination, obtain loans or housing more easily, and even vote or serve on a jury. Additionally, a clean record can improve an individual’s self-esteem and provide a sense of closure, allowing them to fully move on from their past mistakes.

2. Eligibility Criteria for Expungement in Michigan

Types of Convictions that can be Expunged

In Michigan, certain types of convictions can be expunged, including some misdemeanors and non-violent felonies. However, certain offenses, such as drunk driving and most criminal sexual conduct offenses, cannot be expunged.

Waiting Period for Expungement

In order to be eligible for expungement in Michigan, individuals must wait a certain amount of time after their conviction or release from prison, depending on the type of offense. Misdemeanors require a waiting period of three to five years, while some felonies require a waiting period of five to ten years.

Other Eligibility Requirements

In addition to waiting periods, there are other eligibility requirements that individuals must meet in order to be eligible for expungement in Michigan. These requirements include having a clean criminal record since the conviction, completing all terms of their sentence, and not having any pending charges.

3. The Expungement Process: Step-by-Step Guide

Preparing for Expungement

Before filing for expungement, it is important to gather all necessary documents and information, including court records, police reports, and sentencing information. It can also be helpful to have character reference letters from employers, friends, or family.

Filing the Petition for Expungement

Once all necessary documents have been gathered, individuals can file a petition for expungement with the court where they were convicted. The court will then schedule a hearing to review the petition.

Attending the Expungement Hearing

At the hearing, individuals will need to provide evidence that they meet all eligibility requirements and have been rehabilitated since their conviction. This may include testimony from the individual, character reference letters, and any other relevant evidence.

4. Hiring an Attorney for Expungement

Benefits of Hiring an Attorney

While it is possible to file for expungement without an attorney, hiring a skilled and experienced attorney can greatly increase an individual’s chances of success. Attorneys can provide guidance on the eligibility requirements, help gather necessary documents and evidence, and represent individuals at the expungement hearing.

Choosing the Right Attorney

When choosing an attorney for expungement, it is important to look for someone with experience and knowledge of the expungement process in Michigan. It can also be helpful to read reviews or ask for recommendations from friends or family.

Working with an Attorney

Working with an attorney for expungement can be a collaborative process. Individuals should be prepared to provide all necessary documents and information, and communicate openly with their attorney about any concerns or questions. With the right attorney, the expungement process can be a smooth and successful one.

Get Your Record Expunged. Start the Process Now! Contact Komorn Law – Call (248) 357-2550

5. Alternatives to Expungement: Pardons and Set-Asides

When it comes to cleaning up your criminal record, expungement isn’t the only option available. In Michigan, you can also pursue a pardon or set-aside.

What are Pardons and Set-Asides?

A pardon is an official forgiveness for a crime. If you receive a pardon, your conviction will still appear on your record, but it will also show that you were pardoned for the crime. A set-aside, on the other hand, means that your conviction is set aside or overturned entirely. This means that the crime will not appear on your record and you will no longer be considered convicted of that crime.

How to Apply for Pardons and Set-Asides

To apply for a pardon or set-aside in Michigan, you must file a petition with the Michigan Department of Corrections. The process can take several months, so it’s essential to be patient and follow all instructions carefully. You can also seek the help of a criminal defense attorney to assist you with the application process.

Pros and Cons of Pardons and Set-Asides

The biggest advantage of a pardon or set-aside is that it completely removes the conviction from your record, making it easier for you to find employment, secure housing, and obtain credit. However, the process can be complicated, and the chances of success are relatively low.

6. Common Mistakes to Avoid When Applying for Expungement

Applying for expungement can be a complicated process, and there are several common mistakes that people make when trying to clear their records.

Not Understanding Eligibility Requirements

To be eligible for expungement, you must meet specific criteria such as having a clean record for a certain number of years after your conviction. Not understanding these requirements can lead to wasted time and money.

Submitting Incorrect or Incomplete Information

Submitting incorrect or incomplete information can cause significant delays in the application process. It’s essential to double-check all documents and seek professional help if you’re unsure about anything.

Not Seeking Legal Counsel

Expungement laws can be complex and vary by state, so it’s crucial to seek legal counsel from a qualified attorney to help guide you through the process and ensure that your application is complete and accurate.

7. Life After Expungement: How to Move Forward

Once your record is cleared, it’s time to start moving forward and rebuilding your life.

Understanding the Benefits of Expungement

Clearing your record can provide a multitude of benefits, such as improved employment opportunities, increased access to housing, and the ability to apply for loans and credit. Understanding the benefits of expungement can help motivate you to stay on the right path.

Building a Positive Reputation

Now that you have a clean slate, it’s important to maintain a positive reputation. Stay out of trouble and focus on building a healthy and happy life for yourself.

Exploring Job Opportunities and Education

With a cleared record, new job opportunities and educational pursuits may become available to you. Take advantage of these opportunities and work hard to achieve your goals. Remember that your past mistakes do not define you, and your future is entirely up to you.In conclusion, expungement can be a valuable opportunity for individuals seeking to move on from their criminal past in Michigan. By understanding the eligibility requirements, following the correct application process, and seeking legal counsel if necessary, you may be able to expunge your record and enjoy the benefits of a clean criminal background. We hope this article has provided helpful information and tips for navigating the expungement process.

FAQ

Is expungement automatic or guaranteed in Michigan?

No, expungement is not automatic or guaranteed in Michigan. You must meet specific eligibility requirements and follow the correct application process to have your record expunged. Additionally, certain convictions, such as those for violent crimes, are not eligible for expungement.

What are some benefits of having a criminal record expunged in Michigan?

Expungement can provide several benefits, including increased employment and housing opportunities, the ability to obtain a professional license, and improved personal and professional relationships. Expungement can also provide a sense of closure and allow you to move forward with your life without the stigma of a criminal record.

Do I need a lawyer to file for expungement?

While you can file for expungement on your own, it is recommended that you hire an experienced expungement lawyer to guide you through the process. A lawyer can help ensure that you meet the eligibility requirements, accurately complete the application, and present your case effectively during the hearing.

How long does the expungement process take in Michigan?

The expungement process in Michigan can take several months or longer, depending on various factors, such as the complexity of your case, the court’s backlog, and the availability of the hearing. It is essential to be patient and remain proactive during the process, and you may want to consider hiring a lawyer to help expedite the process.

If you or someone you know has been accused of a crime or DUI.
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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.

Law Enforcement Stop by Uninvited?

Law Enforcement Stop by Uninvited?

If your house or business has been raided for cannabis related crimes by uninvited law enforcement employees. There are new laws that protect you and new laws regarding forfeiture. Here is a quick list of things you should do and should not do.

Say Nothing

  • Say nothing – The more you say the deeper you go.
  • Say nothing – They are still going to tear your place apart, destroy and take your stuff anyway.
  • Say nothing – Let them threaten you all they want.
  • Say nothing – The police and justice system are not your friends and anything you say will be used against you.
  • Say nothing – Don’t help them convict you.
  • Say nothing – Whatever they promise is a lie. They are allowed to lie to you. You are not allowed to lie to them.
  • Say nothing – They may tell you they know it all. But they are usually fishing. Don’t fill in the blanks.
  • Say nothing – Ask anyone who has said something and they will most likely tell you they should not have said anything

Hire Experience

  • Hire an Attorney experienced in the cannabis realm who knows it inside and out ASAP.
  • If you want to fight for your freedom and future then be prepared to pay. It is usually cheaper in the long run.
  • If you plea or fall in line with the justice money raking machine. You could be forever in indentured to them.
  • The system was designed for your to fail at the whim of a few to keep the lights on and staff employed.
  • Don’t become one of the sheep and follow the herd.
  • Hire a Lawyer ready and experienced to take it to trial and the supreme court if necessary.
Police Raid - SWAT - Drug Raids

Research Us

Here’s just some news media we have been featured in

Cannabis Now

Michigan State Police Stop Cannabis Blood Tests

Michael Komorn, an attorney specializing in criminal defense and cannabis law, said that evidence of THC in blood tests is frequently used to prosecute…

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More than 3000 cases may have been impacted by …

Today when he got the notice from the lab Wednesday, Komorn was on his way to … “I am notifying my entire staff and other law enforcement partners of the…

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MLive.com

Michigan State Police halt blood tests for marijuana over …

Michael Komorn, a Farmington Hills-based attorney who also specializes in marijuana law and criminal defense, said the issue could call into questions…

Aug 26, 2022

Lansing State Journal

FOIA helps attorneys, citizens shine a light on unclear …

One example is from about 10 years ago when attorney Michael Komorn … We worked with another law firm, the Rockind Law Firm in Birmingham to pursue and…

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Detroit Free Press

Michigan appeals court OKs marijuana as medicine for probationers

Is marijuana truly a medicine or just a street drug masquerading as medicine? A ruling by the Michigan Court of Appeals Court validates medical use.

Feb 15, 2021

MLive.com

Michigan roadside drug testing pilot program expands to all counties

The expanded pilot program began Oct. 1, the Michigan State Police said in a news release.

Oct 2, 2019

MLive.com

New laws, weak cases prompt Michigan attorney general to dismiss marijuana charges

Citing new laws and weak cases, Democratic Attorney General Dana Nessel is dismissing charges against four people in two pending marijuana cases,…

Feb 25, 2019

Detroit Free Press

Couple considers lawsuit after pot charges dismissed

A Port Huron Township couple whose marijuana charges were dismissed last month is considering civil action against the county.

Apr 5, 2016

The Weed Blog

When Marijuana Forensic Science Becomes A Puppet For Police

Formal complaints have been filed in federal court against the Michigan State Police Crime Laboratory by criminal defense attorneys who want an.

Jan 8, 2016

The Intercept

Michigan Medical Marijuana Scandal

Attorneys and medical marijuana advocates accuse Michigan prosecutors of pressuring the state’s crime lab to falsely classify the origins of THC found in…

Nov 14, 2015

FOX 17

Emails spell out alleged scandal in state crime lab testing, falsely reporting marijuana

OTTAWA COUNTY, Mich. – First uncovered by FOX 17, more on an alleged scandal in how state crime labs are testing and reporting marijuana, namely marijuana…

Oct 29, 2015

ABC News

Walmart Fires Cancer Patient with Prescription for Medical Marijuana

Even though Michigan resident Joseph Casias had a prescription from his doctor for medical marijuana, he was fired after a positive test for the substance…

Mar 17, 2010

Search warrants conducted in ‘large-scale’ illegal marijuana grow operation

Search warrants conducted in ‘large-scale’ illegal marijuana grow operation

OGEMW COUNTY, Mich.

On Wednesday, two residential search warrants for a “large-scale” illegal marijuana grow operation in Richland Township were issued by Michigan State Police and other agencies.

According to Michigan State Police, authorities have seized over 5,400 cannabis plants and more than 100 pounds of processed cannabis.

According to a news release from MSP, the suspects were cultivating and processing marijuana in flagrant violation of the Regulation and Taxation of Marihuana Act of 2018 as well as Michigan’s medical marijuana laws of 2008 and 2016.

The MSP Marijuana and Tobacco Investigation Section, in collaboration with the Ogemaw County Prosecuting Attorney, and with help from the crisis support group of the MSP West Branch Post, carried out the search warrants.