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Articles Posted in Criminal Penalties

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Can the Government Take My Home to Collect Restitution in Federal Criminal Case?

In most situations the answer is no, but the most complete answer is “it depends.”   First, it is important to know that restitution is different from fines and costs.  Fines are defined by statute and meant to be punitive. For example, if you were convicted of prescription fraud under 18…

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Incarceration for Second Offense DUI Now Less Likely in Michigan

A new law in Michigan makes it somewhat less likely that persons charged with misdemeanor drunk driving, including first and second DUI offenses, will go to jail. This is because Public Act No. 395 of 2020, which was signed into law by Governor Whitmer on January 4, 2021, creates a…

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Repeat Drunk Drivers Can Avoid Mandatory Minimum Jail Sentences Under New Michigan Law

A package of new laws allows some of Michigan’s repeat drunk drivers to possibly avoid mandatory minimum jail sentences. As a result of these changes, mandatory minimum sentences have been modified or removed from Michigan’s drunk driving statute, and this means that Judges may now sentence a drunk driver to…

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Executive Order May Limit Due Process in Student Sexual Misconduct Cases

President Biden recently signed an executive order seeking to have the rules applicable to sexual misconduct cases reviewed.  Previously, President Trump had increased the due process of rights of the accused, bringing them more in line with the constitutional rights afforded those accused of sexual assault crimes in state and…

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When Yes Doesn’t Mean Yes – Understanding Statutory Rape in Michigan

In the most basic terms, statutory rape means consensual sex with a minor child. Michigan does not actually call this “statutory rape” to describe this crime. Instead, Michigan’s rape laws use the phrase criminal sexual conduct as the term for statutory rape. Michigan’s rape laws, which are sex crimes, are…

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How is Restitution Calculated in Child Pornography Cases?

If you have been charged with a violation under Chapter 110 of the United States code for possessing, receiving, distributing, or producing child pornography, then pursuant to 18 USC 18 U.S. Code § 2259, you are likely to be ordered to pay restitution to the victims of the crime. The…

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Michigan Man Charged with Criminal Sexual Conduct 2nd Degree Avoids Jail Time

A man charged with second degree Criminal Sexual Conduct (CSC) in Ann Arbor successfully avoided jail time and conviction on the charge as filed. The accused was originally arraigned on the CSC 2nd degree charge on July 29, 2020. The charge was a result of an investigation into a complaint…

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Michigan Sentencing Guidelines Under MCL 769.34

If you have been charged with and convicted of a felony in Michigan, then you are probably wondering if you will go to jail, and for how long. One of the most important factors are the Michigan Sentencing Guidelines. All parties involved with your case will utilize the sentencing guidelines…

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