Smith Law Firm Articles
Retroactivity of Immigration Status in Criminal Cases
February 2012
In February 2012, the Michigan Court of Appeals, in People v Gomez, held that the U.S. Supreme Court decision in Padilla v Kentucky 559 US (2010) cannot be applied retroactively...
Michigan's Expungement Statute Amended
Thursday, October 27, 2011
The Michigan Legislature, effective June 23, 2011, through MCL 780.621 et seq., significantly changed the ability to expunge or set aside a criminal conviction...
20th Judicial Circuit Court Adult Drug Treatment Court (ADTC)
Monday, September 20, 2010
Do you have a drug or alcohol problem? Are you charged with a drug-or alcohol-related crime in Ottawa County? If so, you may be eligible for the 20th Circuit Court Adult Drug Treatment Court (ADTC). The mission of the Ottawa County 20th Circuit ADTC is to eliminate the abuse of alcohol, drugs, and related...
Immigration Consequences in Criminal Cases
Monday, June 07, 2010
The United States Supreme Court, in Padilla v Kentucky 559 US ___ (2010), recently decided a case that changed the landscape of criminal defense of non-citizen clients. The Supreme Court held that the Sixth Amendment now requires defense counsel to provide affirmative, competent advice to a non-citizen defendant regarding...
Recent Changes to Michigan's Sex Offender Registration Act
Monday, January 04, 2010
A recent Michigan Court of Appeals decision ruled that it is "cruel or unusual punishment" to require a person previously assigned to Holmes Youthful Trainee Act (HYTA) status to register under the Sex Offender Registration Act (SORA), where the sexual relations between...
U.S. Supreme Court's New Law: Search Incident to Arrest
Sunday, November 29, 2009
The United States Supreme Court recently established new law regarding the search of motor vehicles incident to arrest. The law states: "Police may search the vehicle of its recent occupant after his arrest only if it is reasonable...
Michigan's NEW DataMaster DMT Breathalyzer
Tuesday, October 13, 2009
Out with the old and in with the new: Michigan's ubiquitous DataMaster breathalyzer machine is getting replaced.
In an effort to improve breathalyzer technology, Michigan plans on replacing its old BAC DataMaster breathalyzer machines...
New "Super Drunk" Law
Friday, August 14, 2009
Beginning October 31, 2010, there is a new law in Michigan regarding drunk driving. This law, passed as 2008 Act 463, imposes strict penalties for having higher bodily alcohol content (BAC) while driving. If...