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 with cannabis legalization

Harris unveils new proposals targeting black men with cannabis legalization

“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.

Part of the proposal includes providing one million loans that are fully forgivable up to $20,000 to Black entrepreneurs and others to start a business. According to the campaign, the loans would be provided through a new partnership between the Small Business Administration and some lenders and banks.

Harris is also calling for creating and investing in programs that help expand pathways for job opportunities for Black men, including promoting apprenticeships, strengthening the Public Service Loan Forgiveness program and investing in more Black male teachers.

On the campaign trail, Harris has said she will cut college degree requirements for certain federal jobs if elected president.

Read the rest here at CNN

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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See you in the Home Depot lot.

Oct 10, 2024 (Reuters)

Cleary Gottlieb Steen & Hamilton will create a new category of non-equity partners, becoming the latest major U.S. law firm to move away from the traditional single-tier structure in which all partners have an ownership stake in the firm.

Adopting a non-equity partnership tier is “an important step for Cleary as we continue to strategically grow,” a firm spokesperson said in a Thursday statement. “Innovating in this way underscores our dedication to developing and retaining talent,” the spokesperson said.

New York-founded Cleary had 180 partners in 2023, according to figures published by the American Lawyer.

The firm generated more than $1.4 billion in total revenue, and profit per equity partner averaged $4.5 million, according to the American Lawyer data. Cleary has about 1,100 lawyers globally.

Read the full article here at Reuters

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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Summary of the Opinion in Loper Bright Enterprises v. Raimondo

In Loper Bright Enterprises v. Raimondo, the Supreme Court addressed the enduring precedent set by Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., which has shaped administrative law for four decades.

The Court’s decision in this case reaffirms and refines the principles of judicial deference to administrative agency interpretations of statutory mandates. The ruling has significant implications for regulatory authority and the balance of power between agencies and the judiciary.

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

The Supreme Court decision on Friday, June 28, 2024 significantly limits federal agencies’ authority to interpret laws, requiring courts to rely on their own interpretations of ambiguous laws. This ruling is expected to have widespread impacts, affecting everything from environmental regulations to healthcare costs nationwide.

Detailed Analysis

Background and Lead Opinion

In Chevron, the Court established a two-step framework for courts to evaluate whether to defer to a federal agency’s interpretation of a statute it administers. The Chevron doctrine stipulates that if a statute is ambiguous, courts should defer to the agency’s interpretation as long as it is reasonable.

This doctrine has allowed agencies considerable latitude in shaping policy and implementing regulations.

Key Points of the Opinion

Chevron Deference Revisited:

The Court in Loper Bright Enterprises took the opportunity to revisit the Chevron doctrine. The majority opinion reaffirmed the necessity of judicial deference to agency expertise but emphasized the importance of clear legislative mandates. The Court highlighted that deference is appropriate only when Congress has explicitly or implicitly delegated authority to the agency to make such interpretations.

Limits of Agency Authority: The opinion underscored the limits of agency power, cautioning against overreach. The Court stated that while agencies possess expertise, they should not extend their interpretations beyond the scope of their delegated authority. This aspect of the ruling seeks to prevent agencies from assuming legislative roles under the guise of interpreting ambiguous statutes.

Judicial Oversight: The ruling reinforces the judiciary’s role in ensuring that agencies operate within their statutory bounds. The Court stressed that ambiguous statutes do not automatically grant agencies the power to regulate as they see fit. Instead, courts must scrutinize whether the agency’s interpretation aligns with the statutory framework and Congressional intent.
Implications for Regulatory Agencies

Cannabis Regulatory Agencies in Michigan: For state agencies like those regulating cannabis in Michigan, this ruling emphasizes the need for clear statutory guidance. The agencies must ensure that their regulations and enforcement actions are firmly grounded in legislative mandates. This may require more detailed legislation from state lawmakers to provide a clear framework for agency actions.

Historical Context and Agency Overreach: Over the past 40 years, the Chevron doctrine has enabled various federal agencies to expand their regulatory reach.

However, there have been instances where courts have pushed back against perceived overreach. The Environmental Protection Agency (EPA) and the Federal Communications Commission (FCC) are notable examples where judicial scrutiny has curtailed expansive interpretations of statutory authority.

Future Regulatory Landscape: Moving forward, regulatory agencies must navigate a more constrained environment where judicial deference is not guaranteed. Agencies must build robust records demonstrating that their interpretations are within the scope of their delegated authority and consistent with legislative intent. This may result in more conservative and narrowly tailored regulations.

What all that means in one long sentence: Loper Bright Enterprises v. Raimondo has reinforced judicial oversight over federal and state regulatory agencies and delineates the limits of agency authority for businesses and individuals, especially those involved in highly regulated industries such as cannabis meaning regulations made up by agencies need legislative OK.

At Komorn Law, we specialize in navigating the complex landscape of constitutional law. This recent Supreme Court decision illustrates the nuanced legal analyses and strategic thinking that we bring to our practice, ensuring that our clients receive informed and effective representation.

Our commitment to understanding and influencing the trajectory of legal standards helps us advocate for a balanced approach to individual rights and public safety.

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