Legal Question in Criminal Law in Michigan

He was stopped properly. If the officer couldn't read the plate, he has a right to pull over. If your husband had his license, it would be over. He didn't, which is a misdemeanor. He was then arrested and the officer has a right to inventory search the vehicle, where he finds drugs and paraphanalia. Proper search. A first offender should do ok, but he needs skilled legal representation. Visit www.kliszlaw.com to discuss in detail. Tim Klisz

It is not possible to make a determination about a case with only partial information. However, if your husband is convicted of a drug charge, his license will be suspended. We can help him fight. Call our office at 1 866-766-5245 for a consultation. You can read more about us at:

www.AggressiveCriminalDefense.com

The prerequisite to a valid arrest is a valid stop. If the defense can successfully challenge the stop, the case may be dismissed or the prosecutor may lose critical evidence.

Most drug prosecutions begin when a police officer stops a driver whom the officer sees driving in an erratic manner or other traffic violations. A police officer may stop a vehicle on reasonable suspicion that a crime has occurred. People v Armendarez, 188 Mich App 61, 468 NW2d 893 (1991). This includes a stop based on information gleaned from a computer check of a license plate number, even if no traffic violation is observed and there is no other information to suggest that a crime has been or is being committed. People v Jones, 260 Mich App 424, 678 NW2d 627 (2004). A police officer who stops a vehicle for a separate reason, and then observes other crimes, may make an arrest for a misdemeanor committed in his or her presence. MCL 764.15(1)(a).

A police officer can make a warrantless arrest for certain misdemeanors even if the offense is not committed in his or her presence if the officer has reasonable cause to believe a misdemeanor punishable by imprisonment for more than 92 days has been committed by the person. MCL 764.15. Another exception permitting a warrantless misdemeanor arrest exists under MCL 257.625a(1)(a).

Defense counsel may argue that the officer�s stop was invalid because the officer did not know that the defendant was committing a misdemeanor. When an officer has probable cause to believe that a misdemeanor was committed in his or her presence, the officer may make an investigative stop of a moving motor vehicle to acquire additional information to confirm or refute his or her belief. People v Ward, 73 Mich App 555, 561, 252 NW2d 514 (1977). Fewer foundational facts are necessary to support a finding of reasonableness in the stop of a motor vehicle than when a search of a vehicle or a house is involved. People v Christie (On Remand), 206 Mich App 304, 520 NW2d 647 (1994). In Christie, the court held that an officer�s observation of a driver swerving in his lane, driving on lane markers, and putting on his turn signal two-tenths of a mile before a turn justified making an investigative stop.

In short, your husband can fight and simply should not plead guilty to the charge(s) as he does have options. Contact Attorney Daniel Hajji at 888.484.9349.