Recent Blog Posts

Evaluating A DUI Arrest In MI is Crucial

Daniel Hajji — Sun, 06 May 2012 11:21:00 GMT

Evaluating your DUI Arrest / OWI Arrest is crucial and can make a difference on whether your OWI/DUI charge will stick, get reduced or dismissed.

Many arrested on a Drunk Driving charge in Michigan feel that they are guilty just becasue they were arrested for an OWI ("operating While Intoxicated"). The smart ones, retain a good DUI Attorney to evaluate their case, while others (not so smart) just hire just any non-DUI Attorney specialist to who does not properly evaluate and investigate their case or those who simply just walk into court and plead guilty without an OWI Attorney.

The best DUI Attorneys in Michigan are very few but all will tell you that you are making a big mistake if you don't retain an experienced DUI Attorney who will evaluate and investigate your DUI arrest. Why? Because investigation and evaluations of your DUI arrest can lead to a reduction of your OWI/DUI charge or downright dismissal.There is a reason why 50% of DUI Trials in America result in Acquittals and more than 90% in Michigan result in reduced plea offers.

If you think about it, soon after you are released from jail, the police and prosecutor have already investigated and gathered most, if not all, the evidence they need to convict you. And what have you done on your end to defend against this DUI/OWI charge while sitting in a jail cell for several hours?

This is why soon after your release from jail, you will want to retain a good DUI Attorney right away or start your own investigations if you can not afford to retain an attorney. Even if you end up qualifing for a court appointed attorney, it is unlikely that they will gather all of the evidence needed to evaluate your case. So what yoou will want to do, if yoou can't hire a good DUI Attorney, is to start your own investigations with some or all of the following, where applicable to your particular issue(s):

Prepare a TIMELINE from the moment you were stopped by the police to the time you were released from jail.
Prepare a FOIA (Freedom of Information Act) Request directly to the police department that arrested you for copies of the (a) police report(s), (b) police car video, (c) police station booking video, and in some cases (d) PBT logs as well as datamaster logs. THIS IS VERY IMPORTANT BECAUSE THE POLICE WILL DESTROY THE VIDEOS WITHIN A FEW WEEKS AFTER YOUR DUI ARREST.
If you were involved in an accident, go out to the scene and take lots of pictures of the area, including the street signs, road conditions, etc.
If blood was taken, hire a private laboratory to peform an independent blood test.

There are several other means of gathering evidence and information of your DUI arrest. You might want to consult a DUI Attorney for a case evaluation analysis. While every DUI case is different and how choose to explore the evidence or challenge issues in your DUI arrest is strictly on a case-by-case basis. But at the very least, your case should be examined for the following issues:

Did the police pull you over based on a hunch that you may be drunk driving without having any observations of committing a civil infraction?
Did the police lack reasonable suspicion to seize you?
Did the police officer lack probable cause to arrest you?
Did the police officer fail to follow the rules and procedures in administering breath or blood testing?
Did the police officer violate your consitutional rights?

If the answer to any of the above is "YES" then you may have a good basis to challenge your OWI/DUI/DWI/OUIL charge. Challenging your DUI arrest can weaken the prosecutions case and can lead to a reduction of charges or a dismissal all together, even before going to trial.

If you were arrested for drunk driving in Michigan, speak to our experienced and knowledgable DUI Attorneys. Call us or fill out our quick contact form.

"We can make a difference in yoour case"

Medical Marijuana in Michigan is a Myth And Set Up For Prosecution

Daniel Hajji — Fri, 16 Mar 2012 12:02:00 GMT

Michigan Medical Marijuana Act is a Myth and Set Up For Prosecution

Given the confusion and uncertainty regarding the Michigan Medical Marijuana Act ("MMMA") and its interpretation, it has allowed any prosecution against those that legitimately and reasonably believe they are complying with the MMMA, subjects an extremely large segment of the population to prosecution for the medical use of marijuana, which is contrary to public policy and the will of the people as evidenced by the ballot's passage.

Thousands of Michigan citizens have engaged in the use, possession, production, and transfer of marijuana for medicinal purposes, as a result of a voter initiated ballot proposal, Proposal 08-1, which was passed by the citizens in 2008. The ballot proposal stated that the law would permit physician approved use of marijuana by registered patients with debilitating medical conditions. The proposal also stated that it would permit individuals to grow marijuana for themselves and others for medicinal use, and specifically stated that it would allow registered and unregistered patients and primary caregiversto assert medical reasons for using marijuana as a defense to any prosecution involving marijuana.

However the State has aggressively prosecuted individuals for the medicinal use, possession, manufacturing, and delivery of marijuana, despite the passage of the initiative, not because the individuals were fraudulently attempting to use the MMMA to engage in recreational drug use, or attempting to possess, manufacture and deliver marijuana for such purpose, but rather such prosecutions were and are being conducted merely because the vague, incomprehensible and contradictory language of the MMMA, in conjunction with the Public Health Code ("PCH"), concerning marijuana makes such prosecutions possible.

Further, the ballot initiative not only invited and encouraged individuals to use marijuana to alleviate their pain and suffering as a result of their debilitating medical conditions, it also invited and encouraged individuals to engage in activities such as the manufacturing and delivery of marijuana for others afflicted with such debilitating medical conditions, thereby allowing the State to prosecute individuals for more severe felony crimes, above and beyond mere possession and use, as well as multiple counts, all with possibly extreme sanctions which could entail prison incarceration, and also the forfeiture of property including their home.

The use of the card clearly indicates that the State was actually targeting medical marijuana caregivers and patients. The passage of the ballot initiative is indicative of the will of the citizens of this state, and that public policy disfavors the prosecution of those engaged in the use, possession, manufacturing, and delivery of marijuana to treat debilitating medical conditions and ease the pain and suffering of the terminally ill and those afflicted with other devastating medical condition.

In 2008, a voter initiative allowing for the use of marijuana for medicinal purpose was placed on the ballot and passed by the citizens of this State. The ballot proposal, Proposal 08-1, stated that the law would do the following:

• Permit physician approved use of marijuana by registered patients with debilitating medical conditions including cancer, glaucoma, HIV, AIDS, hepatitis C, MS and other conditions as may be approved by the Department of Community Health.
• Permit registered individuals to grow limited amounts of marijuana for qualifying patients in an enclosed, locked facility.
• Require Department of Community Health to establish an identification card system for patients qualified to use marijuana and individuals qualified to grow marijuana.
• Permit registered and unregistered patients and primary caregivers to assert medical reasons for using marijuana as a defense to any prosecution involving marijuana.

As a result of the initiative, many found themselves encouraged to engage in the use, possession, delivery and production of marijuana to alleviate their debilitating medical conditions, and the debilitating medical condition of other registered medical marijuana users. The medical use of marijuana is defined as the "acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition." MCL 333.26423(e).

However, as codified the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq., when taken in conjunction with the Public Health Code (PHC) concerning marijuana,see MCL 333.1101 et seq., has created such a confusing, contradictory, and incomprehensible regulatory framework that prosecution for activities regarding the medical use of marijuana violates due process.

My legal research established in case precedence that, "Clarity in the law is a prime requisite of due process. A criminal statute will be found vague and thus void on its face if it fails to provide fair notice of what the state commands or forbids or if it invites arbitrary and erratic enforcement. Vague prohibitions engender the possibility that people will restrict their conduct only to that which is unquestionably safe. In this respect, the problem of vagueness . . . is closely related to that of overbreadth. A law may be unconstitutionally overbroad, even though perfectly definite, if its terms deter the exercise of rights. Such a law is also void on its face." "A State may not issue commands to its citizens, under criminal sanctions, in language so vague and undefined as to afford no fair warning of what conduct might transgress them."Raley v Ohio.

In can clearly be said that the MMMA, when taken in conjunction with the Public Health Code, creates a regulatory framework that is so vague, contradictory, and incomprehensible that prosecution of those that legitimately attempt to avail themselves of the protections afforded violates principles of due process, as it fails to provide adequate or fair notice to the citizens of the state of Michigan as to what activities might run afoul of the law. As was expressed by one judge, the MMMA " 'is probably one of the worst pieces of legislation I've ever seen in my life.' " People v Redden (quoting the district court judge).

The MMMA in conjunction with the PHC, has created a confusing if not incomprehensible regulatory scheme regarding the medical use of marijuana. To allow the prosecution of those engaging in activities regarding the medical use of marijuana, whom reasonably believed were allowed, given the language of the ballot proposal, the language of the MMMA, and the proliferation of such practices in the face of silence by the state, is unconscionable and unconstitutional. Because the regulatory scheme regarding medical marijuana in so incomprehensible, vague, undefined, and contradictory, it fails to provide fair notice of what actions would subject a person to prosecution; therefore, and such prosecution fails to satisfy the standards of due process guaranteed by the federal and state constitutions.

Additionally, the MMMA actually invited and or encouraged the citizens of this state to engage in the medical use of marijuana as a treatment alternative to narcotics and or other prescription medications for devastating, debilitating and even terminal illnesses, and their symptoms. It also invited and encouraged those that engaged in the medical use of marijuana to escalate their activities, out of compassion and sympathy for others with such afflictions, such that those acting as primary caregivers can face multiple charges with more severe penalties and sanctions, resulting in incarceration and even the loss of their homes. And the state actually targeted mostly caregivers and appealed to their compassion and sympathy for others. Such actions amount to entrapment.

In addition not only does the language of the MMMA, and the initiative as worded on the ballot provide assurances to the citizens in Michigan such that they would not be prosecuted for activities but the state's silence in recent years, regarding such practices, lent legitimacy to such practices, and made any reliance on the assurances reasonable. Therefore prosecution in such matters amounts to entrapment by estoppel.

Moreover, given the confusion and uncertainty regarding the MMMA and its interpretation, allowing any prosecution against those that legitimately and reasonably believe they are complying with the MMMA, subjects an extremely large segment of the population to prosecution for the medical use of marijuana, which is contrary to public policy and the will of the people as evidenced by the ballot's passage. And because that segment that is subject to such prosecution encompasses those afflicted with debilitating, devastating and terminal illnesses, and because such prosecutions subjects the same to extreme sanctions that could result in incarceration and even the loss of their homes, such prosecutions are not only contrary to public policy, they are reprehensible, unconscionable, and an outright abomination.

If you've been charged, arrested or investigated for marijuana possession or drug distribution, delivery/manufacturing marijuana or other drugs contact Drug Attorney Daniel Hajji at (248) 782-8322 or visit us at www.HajjiLaw.com. Serving clients in Oakland, Macomb, Wayne, Washtenaw and Livingston County.

MI Supreme Court Victory

Daniel Hajji — Fri, 16 Mar 2012 03:48:00 GMT

The Michigan Supreme Court decision to remand the appeal to the Court of Appeals as on leave granted. The Michigan Supreme Court justices also granted the amicus brief on appeal.

Read the Supreme Court Decision Here.

How Juvenile Crimes Can Alter Your Child's Life

Detroit Criminal Defense Lawyer — Mon, 14 Nov 2011 01:20:00 GMT

If your child has recently been arrested or been "warned" by the police that they will be in trouble if a criminal act is committed, you should immediately become concerned. Having a child in trouble with the law is not only disheartening for their future, but for yours as well.

If your child causes property damage or steals from a retail store, are you prepared to pay for the damages? In many cases involving juvenile delinquents, the parents of the child or young adult are forced to pay for any damages or items that have been stolen, in addition to court fees and fines, if the child does not have the means to pay for it on their own.

Additionally, a conviction means trouble for a child's future. If your child planned on attending college or moving out on their own, they may not be able to now. Many colleges will not accept or even look at an application if they know it is one of a convicted criminal. Just the same, a lender or a landlord may reject an application for a loan or housing if they know that the applicant has a criminal history.

With that being said, it is always important to retain the help of a Detroit criminal defense attorney if your child is up against any type of criminal charges. At our office, we have seen virtually all types of juvenile crimes, from cases of petty theft or shoplifting to DUI and drug offenses. We will be prepared to help you make a case against the prosecution, in addition to collecting evidence to help strengthen your child's case.

Whether your son or daughter is under the age of 16 or almost 18, it is important to get them the legal help that they need, especially because you will be held responsible for their actions at this time.

To learn more about juvenile offenses and the consequences that they bring, contact a Detroit criminal defense attorney at our office.

Defending Criminal Charges in Michigan

Michigan Criminal Attorney — Wed, 09 Nov 2011 01:22:00 GMT

After a person is arrested and charged with a crime in Detroit, Michigan, they will either be kept in custody or released on bail after booking. Being charged with a crime is very serious, and should be taken seriously by a defendant – their freedom is on the line.

The most important thing to do after you have been arrested for any offense in Detroit is to exercise your Fifth Amendment rights. These rights include protection from self-incrimination (the right to remain silent) and the right to have an attorney on your case, which should both be utilized immediately.

Defending criminal charges in the state of Michigan will be extremely difficult, but it is not impossible. When an arrest is made, police and other law enforcement officers must follow very strict protocol to take the person into custody and to collect evidence against them.

A search warrant will mostly likely state specifically the location that a police officer is allowed to take evidence from. For example, if the warrant states that only the bedroom can be searched, yet evidence is found in the garage, this evidence is inadmissible in court.

Having an attorney on your case will be extremely beneficial, especially with matters such as this. You will need a criminal defense lawyer to investigate the charges and to determine if the evidence against you was obtained lawfully or not. This will be key to the outcome of your case.

Lastly, when a Detroit criminal defense attorney takes your case, they should treat it with the utmost confidentiality and personalization. While the lawyer has likely seen similar charges in the past, each case will be different and should be treated that way.

To learn more about defending a criminal case, contact a Detroit criminal defense lawyer from Attorneys of Michigan today.

Kwame Kilpatrick’s Supreme Court Appeal

Attorney Daniel Hajji — Wed, 15 Dec 2010 22:09:00 GMT

Every MI Criminal or DUI Charge Starts With 3 Questions

Blog Manager — Tue, 31 Aug 2010 21:21:00 GMT

Almost every Michigan OWI charge starts with 3 questions:

Did the police arrest you in violation of your constitutional rights?
Did the police follow the law, rules & procedures?
Will the Prosecutor's evidence prove you guilty beyond a reasonable doubt?

To answer these questions, you need a good lawyer to properly and thoroughly evaluate your case. An important step in defending a DUI charge is to gather evidence "immediately" after your arrest.

(1) Is the evidence against you legal (in violation of your legal rights)?

Police officers can make mistakes. The police officer could have formed incorrect opinions of your sobriety, violated the administrative rules and methods of testing your BAC (blood alcohol level) or illegally arrested you without probable cause. Furthermore, the police officer could have pulled your vehicle over in violation of your right to be free from unreasonable searches and seizures (4th Amendment of the Constitution). Evidence should be demanded right away so that your attorney can put each piece of evidence to the test and weaken the prosecutor's case against you. Knowing how to defend a DUI case involves considerable preparation, familiarity with the law and science, using effective legal strategies and knowing what motions to make and when. In evaluating a DUI case, your attorney needs to gather all of the necessary evidence as well as understand and review the jury instructions, case law & proposed legislation in MI.

(2) Did the police follow the law and administrative rules or procedures?

There are laws that protect drivers and administrative rules that are in place to ensure that police follow. For example, a police officer must read a suspected drunk driver their "chemical test rights" before administering the Breath Test. Also, prior to administering the Breath Test, the police officer must observe you for, at minimum, 15-minutes prior to administering the Breath Test to ensure that you are not regurgitating, putting an object or your finger(s) in your mouth, vomiting or doing something that would make the BAC Test results unreliable. Another example is whether the police "stopped" your vehicle without any evidence of a civil infraction or 'bad' driving. These are situations where police officers pull a vehicle over based on a hunch that the driver may be drunk without more. Police must follow the law and administrative rules otherwise a good DUI Lawyer can challenge the police actions through motions to suppress and dismiss.

(3) Will the Prosecutor's evidence prove you guilty beyond a reasonable doubt?

Just like any other criminal charge, a DUI charge is a jailable offense which can deprive your liberties, therefore, the Prosecutor is required and MUST prove each and every element of a DUI case beyond a reasonable doubt' at trial. Beyond a reasonable doubt is the highest standard of proof that must be met in any trial. In civil litigation, the standard of proof is either proof by a preponderance of the evidence or proof by clear and convincing evidence. These are lower burdens of proof. A preponderance of the evidence simply means that one side has more evidence in its favor than the other, even by the smallest degree.The reason that the high proof standard of reasonable doubt is used in DUI and criminal trials is that such proceedings can result in jail/prison. These outcomes are far more severe than in civil trials, in which money damages are sought.

When we take you on as a client, we invest our firm's resources to prepare the strongest defense possible to defend you. We know the criminal and DUI Laws inside and out to ensure you get the best possible outcome.

When you retain our services, we understand that you are entrusting us with the well being of your life. We take this responsibility very seriously. If you retain our law firm, you can rest assured in the knowledge that we will fight to protect your legal rights and ensure that your case is successfully resolved.

If you got a DUI charge or just released from jail on a DUI charge, Contact Us to speak to an experienced and aggressive DUI Lawyer

Daniel D. Hajji, Esq.
Attorneys of Michigan, PLLC
Managing Partner: Daniel D. Hajji
30300 Northwestern Hwy., Suite 262
Farmington Hills, Michigan 48334

Welcome to our Criminal Defense Blog

Criminal Defense Attorney — Thu, 24 Jun 2010 21:06:00 GMT

We are pleased to announce the launch of our Criminal Defense blog with an RSS feed available at http://www.oaklandcountydefenseattorney.com/Blog/Entire-Blog-Feed/RSS.xml.