Medical Marijuana Patient Wins Forfeiture Case

Earlier this week, Wayne County Circuit Court Judge Virgil Smith granted the firm’s Motion for Summary Disposition ordering the Wayne County Prosecutor’s Office to return nearly $10,000.00 in money and property to our client who possesses valid patient and caregiver registry licenses.

The client had previously been charged with multiple felony counts relating to the execution of a search warrant at his home which led to the discovery of approximately 225 grams of cultivated marihuana, a firearm, and currency. All of these felonies were dismissed earlier this year as the result of his right to possess and distribute marijuana in accordance with the MMMA.

1 Day Sentence Imposed for Former “Biker” in VICAR (Violent Crimes in Aid of Racketeering) Case

On today’s date, U.S. District Court Judge Julian Abel Cook imposed a one day sentence (with credit for one day served) for a firm’s client who stood to receive a prison sentence of between 27-33 months. Finding adequate reasons to vary/depart from the U.S. Sentencing Guidelines, and also taking into account the Defendant’s poor physical health, Judge Cook imposed a 2 year term of probation without any accompanying term of imprisonment.

Joseph A. Niskar to be Featured on WXYZ and Law.TV

Beginning in early 2011, WXYZ and THELAW.TV will roll out an innovative-virtual legal website. Similar to the “WebMD” platform, thelaw.tv will allow users to have their legal questions answered by a lawyer in a short webisode. Joseph A. Niskar has been chosen among all criminal defense attorneys as the exclusive lawyer for answering all questions in the area of criminal defense. Law.TV

Dismissal of Marijuana Possession Charges

On yesterday’s date, the firm successfully obtained a dismissal of a felony marijuana distribution case involving almost 300 grams of plant material. Judge Donald Coleman of the 36th District Court agreed that defendant’s patient and caregiver licenses under the Medical Marijuana Act permitted his possession of the allowable quantity and acted as a presumption that he was acting squarely within the law. What a great victory!

Click Here to See Order of Dismissal

Michigan Medical Marijuana Law (Rx Pot)

Recently, Michigan voters approved an initiative legalizing marijuana (marihuana) for medicinal purposes. The new law, as enacted by the State Legislature, is vague and subject to abuse by law enforcement. For these reasons, it is imperative that registered patients, caregivers, and “qualified patients” obtain counsel who is well versed in both this area of the law, as well as experienced with a person’s substantive and procedural constitutional rights.

Even if you have not received a license to grow/purchase medicinal marijuana, under certain circumstances you may still qualify to legally possess it.

If you have been arrested, or your home/business has been searched by law enforcement, you should immediately contact my office for a free and confidential consultation.