What does that mean for the office?

             Dinan & Associates, P.C. is a Michigan based firm with its principal office in Grosse Pointe Park, Michigan.  We are committed to our Michigan clients and the work that we do on their behalf.  His office will continue to remain open to serve all of our Michigan clients.

            What will change is Mr. Dinan’s availability to a new client base in Arizona.  The firm’s focus will still be on admission of law students and lawyers to the practice of law but now serves clients with our Arizona practice.  Mr. Dinan will also be taking on clients with criminal defense problems and restoration of driver’s licenses.  He will also be offering services for bar preparation in Arizona.

            Where is the Arizona office?

            Dinan & Associates, P.C. has made arrangements to use the office space of Ariano & Reppucci, P.C. for meeting with clients in Phoenix.  Ariano & Reppucci, P.C. is located on the eastside of Phoenix close to the airport.  Please see http://www.azcharacterandfitness.com for detailed information. 

            Why open an office in Arizona?

            Arizona is an attractive place to practice law for a number of reasons.  First, its population has grown exponentially over the last decade.  There is a greater need for legal services for this expanding population.  The needs of its newer citizens and natives will continue to require problem solving skills of lawyers.  The State Bar of Arizona recognized this trend and thus amended its rules to allow more lawyers to practice there.

            Second, Arizona is the first state in the Sunbelt which has allowed for lawyers to apply to the Bar on motion.  That means that Arizona recognizes Mr. Dinan’s Michigan legal credentials and training as satisfactory to meet the requirements to practice law there. 

            Third, Michigan is cold in January.  It is also a place where Mr. Dinan has come to love through his travels and looks forward to being able to spend more and more time there as his children grow and move away. 

            The Information Age has created a working environment which allows Mr. Dinan the privilege to practice law in more than one state.  The internet, cell phones and cloud computing all allow Mr. Dinan to have a virtual office wherever he chooses.  He feels fortunate to have the ability to practice in Arizona and he looks forward serving clients there.  Please see http://www.azcharacterandfitness.com for contact information.

            Myth 1.  Marijuana is now legal in Michigan:  This is a myth because it is still illegal to possess, distribute and/or manufacture marijuana in Michigan.

             The voter initiative in 2008 led to the amendment Michigan’s marijuana law that creates an affirmative defense to a registered patient who is in possession of or uses marijuana.  An affirmative defense is different from legalization.  Legalization would involve decriminalization and/or regulation through the current marijuana laws in Michigan.  That did not happen.  Rather, the statute has created an exception to the law which allows licensed individuals to possess and use marijuana and other licensees to provide marijuana to patients.  The distinction is important because any other activity outside of the statutory affirmative defenses could constitute a legal possession, manufacturing or distribution of marijuana.  MCL 333.26421 et seq. will give you the actual language of the statute.  See http://www.legislature.mi.gov/(S(sxn0v2uvdat3mqnlscar4jv4))/mileg.aspx?page=getObject&objectName=mcl-Initiated-Law-1-of-2008 for more information.

            Myth 2.           My marijuana caregiver card and/or patient card allows me to use marijuana anywhere I want:  This is a myth because the law does not prescribe any establishment where marijuana use would be legal.

            Generally speaking, the privacy of one’s own home is probably the place where a patient would least likely to be charged with any offense.  Compassion clubs and other public facilities were not provided for in the statute and it is at the discretion of local law enforcement whether they would be a legal place to use marijuana.  A patient or caregiver may not be successfully prosecuted in that scenario, but there is a practical cost of being arrested, posting bond, hiring an attorney, etc. that is best avoided.

            Myth 3.           It is legal to sell marijuana from shops and stores:  This is a myth because the statute does not provide for any form of distribution of marijuana except as prescribed by the law.

            Michigan law allows patients to grow up to twelve plants each or to have a caregiver grow the plants for the patient and provide them with the marijuana.  The law also does not provide for any form of payment except for the payment of expenses the caregiver.  However, certain jurisdictions have exercised their discretion in allowing these dispensaries to open and distribute marijuana to licensees.  In other jurisdictions, the dispensaries have been opened to only be shut down immediately by local law enforcement.  Caregivers may have up to 5 patients along with themselves and possess up to 12 plants per patient.

            What is not clear is whether the caregiver may possess 2.5 ounces per patient at any given time and whether a patient or caregiver may go to another patient or caregiver for marijuana if they do not have any for themselves or their patients.

             These are just a few of the myths that surround Michigan’s new law.  Because of the vague nature of the law and lack of guidance it has provided to so many, it is bound to be rewritten, interpreted by the courts and always subject to local interpretation. 

            For questions about the myths of medical marijuana, legal questions about the commercial aspects of the law or other insights, please contact the law offices of Timothy A. Dinan at (313) 821-5904 or see the website at www.timdinan.com.

             In July 2001, the legislature authorized Michigan’s current concealed pistol license law.  Commonly referred to as a “CCW”, a concealed pistol license is now issued routinely unless the local gun board finds a reason not to grant the permit due to a legally recognized disability (criminal convictions, court recognized incompetence, questions of citizenship, etc.).   Since 2001, over 270,000 citizens now have a license to carry a concealed weapon on their person.  This number continues to grow month by month as more Michigan citizens choose to exercise their right to carry a pistol concealed.  You can see the latest version of the statute on the Michigan State Police website: http://www.legislature.mi.gov/documents/publications/firearms.pdf

            Michigan is part of the national trend of more and more states that recognize the right of ordinary citizens with no criminal past to carry a gun concealed for their personal protection.  This is in contrast to the former system which only allowed concealed pistol licenses to be issued on a discretionary basis.  The discretion of the government to issue the license varied greatly from county to county and state to state.  This changed in the late 1990’s as states such as Texas and Florida enacted “shall issue” legislation which removed the discretion of local politicians and public officials to make decisions on issuing concealed pistol licenses.  These “shall issue” laws are now seen in thirty-five states.  Further, states such as Arizona, Alaska and Vermont do not even require their citizens to have a license to carry a weapon concealed, but rather recognized it as a fundamental right.

            From this movement has also come the “open carry” movement.  “Open carry” is the practice of carrying a gun openly on one’s belt.  Prior to 2009, the law always recognized the right to carry openly, but was the practice was generally discouraged by law enforcement.  Some municipalities have laws against open carry while others attempt to regulate it.  A movement of gun owners in Michigan and other states has now forced law enforcement to recognize the right to carry a weapon only as prescribed in Michigan’s statue.  There are still places where weapons may not be openly carried such as banks, federal buildings, schools, hospitals, casinos, large theaters and arenas, among other locations.  However, the fundamental right to carry a gun openly is recognized in Michigan and has survived legal challenges.

            The predictions by anti-gun activists of gun fights in the streets and senseless shooting incidents have never materialized.  The vast majority of gun owners who choose to carry their weapon concealed do so in a legal, safe and discrete manner.  Common violations of the statute include possession of a weapon while intoxicated and having their license suspended after being charged with domestic violence.  In these cases, county gun boards move swiftly to suspend and revoke the rights of the licensee from carrying a gun.  While there have been other incidents of road rage and other felonies, these are rare and not statistically significant.  With recent changes, the license is good for 5 years instead of 3 years and licensees do not need to disarm themselves when dropping their children off at school or daycare as long as they stay in their vehicles while on the premises.  The physical license is now the same size as a driver’s license and is easier to carry and display.  Other developments are coming regarding where licensees may carry their weapons.

            Practical Advice for Anyone Who Carries a Weapon

1. Practice Shooting:  If you choose to exercise your right to obtain a concealed weapons permit and further choose to carry a gun in self-defense, it would be prudent to frequently practice with your chosen weapon of self-defense.  The Michigan law only requires one eight hour class with three hours of that class being “range time”.  To truly master and ably use a firearm, you must constantly practice shooting it on the range. 
2. Practice Weapon Handling Skills:  Prudent gun owners need to practice skills such as safe holstering and un-holstering of the weapon, how to deal with jams and other firearm failures, have a plan for what to do in case a shooting takes place and even spend time working with non-lethal weapons such as pepper spray.  More accidents happen when holstering and un-holstering weapons.
3. Learn the Law:  If you are uncertain or unfamiliar with the law, it would be prudent to spend time studying materials from trusted sources such as the National Rifle Association.  You may even wish to spend an hour or two with a criminal defense lawyer who is familiar with Michigan’s gun laws and the aftermath of shooting incidents.

            It is also prudent to have some planning in place in case you ever need to use your weapon in self-defense and find yourself in the position of having to defend against an assault or homicide claim.  It is certainly wise to know who your lawyer will be and to know what it would take to engage that lawyer should that time come.  Some insurance companies are now offering limited coverage for self-defense liability.  The law surrounding the so called “self-defense” policies is a bit murky.  You will want to understand your own state’s law to know whether you it is a legal product to sell and own before spending any money on such coverage.  Our law offices sponsors CCW Defenders, LLC, an organization for licensed concealed weapon holders who want to have access to a lawyer.  See http://www.ccwdefenders.com or call our offices for more information.

            The Bottom Line:

            The bottom line in self-defense with a firearm is absolute responsibility for the weapon and what comes out of it and cool, calm thinking under stress.  Cool, calm thinking will come from regular training, knowledge of the law, proper assessment of risks you face and acting with due care and caution should the situation call for the use of a firearm.  Remember that you still have a duty to avoid trouble and, if possible, escape if that option is available.  If it is not, and you need to resort to the last line of defense, you will feel better knowing that you were prepared and only did what you had to do in the end.

            For any questions regarding your rights as a firearm owner or how one would retain an attorney at a reasonable cost, call the law offices of Timothy A. Dinan (313) 821-5904 or see website at www.timdinan.com.

Financial Issues

The SBM closely scrutinizes an applicant’s credit report and specifically asks about banking overdrafts. Applicants who have more than 4 overdrafts/NSF checks must provide an explanation for their banking situation and specific explanations for each overdraft item.  The more NSFs/overdrafts you have, the more explaining you will have to do.  If you are still in law school, nip this problem in the bud:  Watch your accounts closely.  Most NSF/overdraft issues can be cleared up in your district committee meeting with the right preparation.

If your credit record reflects a problem in timely paying bills or worse, then you will need to explain why. The concern is obvious: protection of the public. If the SBM sees a problem in money management, responsibility or credit abuse, your application will be delayed while you explain why your past financial practices won’t negatively affect your clients in the future. A ‘good’ explanation is usually tied to a personal or family tragedy.  To simply say, “Hey, school was expensive and I have bills” will not satisfy SBM.  No, you’ll need to articulate how you plan to avoid this situation in the future. Usually these issues are not fatal, but can delay you for up to 12 months.

Substance Abuse

A history of criminal contacts almost always has an underlying history of substance abuse. Singular instances of an MIP or OWI are usually not a big problem. A pattern of these types of crimes can be.

To date, the SBM still requires complete disclosure of all criminal contacts, even the ones taken under advisement. Thus, the ‘lesser’ issue you thought you left behind in undergrad now comes back to you when you fill out the SBM application. When the investigators see multiple offenses in a relatively short period of time, it becomes a pattern no matter what your official record might reflect. If you are unable to articulate a good explanation for the multiple contacts, SBM will assume a problem exists (I know, not fair, but most truths in life are neither fair nor pleasant). The applicant must make an affirmative showing that whatever problem exists, it is managed and will not likely re-occur. These types of problems can delay an application 6 to 24 months.  This is sometimes addressed through counseling or the formal program sponsored by the State Bar of Michigan: LJAP (Lawyers and Judges Assistance Program).  As each problem is unique, it is hard to say what the ‘norm’ is for any applicant.

Failure to Disclose

This continues to be the most prevalent problem in our office. The applicant, for whatever reason, does not want to discuss past behaviors that are part of their lives. Failing to identify these incidents or softpedalling them leads to more serious problems with the applicant’s credibility. Without your initial disclosure, the assumption is that you did not want this information to be known. It is better to overdisclose and explain than it is to fail to disclose an item.  There are a number of instances when clients think an issue would not come out and then have to later explain it multiple times.  It is hard to say, “yeah, you should have kept your mouth shut’.  It’s just like Watergate: the crime is always in the cover-up.  I think you will be more comfortable with a clear conscience than you would spilling the beans after you have been found out.

Feel free to contact the office with any questions you have regarding your SBM application at 313-821-5904 or tim@timdian.com

Uh-oh.  The little charge of guilt and fear that goes through you when you see the flashing red and blue lights behind you.   Your mind momentarily races as you pull over.  You gather your insurance, registration and driver’s license as the officer walks up to the car.  Now what did I do?

Sound familiar?  We all get pulled over at some time or another.  If you work and have to drive a lot, it is more likely to occur.  Usually this transaction leaves you charged with a violation of some sort.  Most of the time, these are moving violations or status violations.  Moving violations include speeding, failing to yield, causing an accident, running through or disregarding a traffic control device or any other number of violations while you are behind the wheel.  A status offense can include lacking proper driving credentials or improper licensure of the driver or vehicle.

What Do I Do Now?

You are responsible for addressing the ticket once it has been issued.  You can pay and incur fines, costs and points on your driving record.  These are the same points that insurance company looks at when it evaluates your driving record and adjusts your rates.  While points only count towards your driver’s license for 2 years, they stay on your insurance record for 3 or more years.  What more, insurance companies rate your violations with more points than what the Secretary of State does on your driver’s license.

Your Master Driving Record keeps convictions on your driving record for 7 years and as long as 10 years.  Imagine, the ticket you received in 2005 is still on your record.  The one you did not challenge.  the ticket that gets you labelled by some city attorneys as a ‘habitually poor’ driver precluding any negotiated settlements of a current ticket.

You can go to court and challenge the ticket in an Informal Hearing.  Your case would be heard by a Magistrate, a court official, who listens to your side, the police officer’s side and then makes a determination about your responsibility.  You do not need a lawyer to do this.  Most times, absent a rather obvious problem with the officer’s story or proofs, the magistrate will find you responsible.  There is no negotiations with the city attorney and usually not with the officer.

How to Skip Court and Protect Your Driving Record

To avoid going to court, you need to send in a denial of responsibility (or plead ‘not guilty’ if a misdemeanor). You can request a formal hearing or have your lawyer file an appearance to challenge the ticket.  In District Court, the city is represented by the City Attorney and you may represent yourself.  The city attorney usually has the ability to negotiate pleas and amend charges.  This does not mean he or she will do so.  Every court and city attorney works a little differently; make sure you know the ‘lay of the land’ when you go into court.

If you are not charged with a misdemeanor, the court rules allow your attorney to attend court in your place and go before the judge in your place.  This saves you the hassles and time in contacting the court, setting your hearing up by phone, negotiating with the city attorney, dealing with the officer and then waiting for the judge to come out.  Your attorney can bring payment for your final charges and pay on your behalf.

With a lawyer representing you, you save 7 or more hours in dealing the matter yourself.  You don’t miss work, hire a babysitter, cancel your trip or forgo other important activities to to take a 1/2 day or more to address the ticket.

How I Can Help

I have been going to court on behalf of my clients for 16 years.  I have represented thousands of clients in Michigan’s District and Circuit courts.  I am proud of treating each client’s ticket individually and representing their best interests.  My repeat clients understand the value and professionalism I bring to representing their interests.  Our firm charges fair fees based on the time and complexity of your case.  We always charge flat rate fees for traffic matters and disclose them up front prior to committing you to representation.

Call my office for a free consultation.  I will explain your ticket to you, explain how I can help you and protect your interests.

313-821-5904  Office Hours: 9 a.m. – 5 p.m. monday through Friday.  You may e-mail me at any time at tim@timdinan.com.

The 2008   Michigan elections included the ballot question regarding the legalization of medical marijuana (spelled ‘marihuana’ in the Act).  The measure passed with a comfortable margin and now has been enacted into law.  Licenses for both users (known as patients) and growers (known as caregivers) are being issued at a pace that out-stripped the original projection for demand.  Because of the backlog, patients who have submitted a form which has not been rejected after three weeks are, de facto, provisionally licensed to possess up to 2.5 oz. of marijuana.  Likewise, caregivers who submit their form are given the same provisional permit to go forward and begin to cultivate plants for their patients.

The program is administered by Michigan’s Department of Community Health.  This agency distributes identification cards to caregivers and patients.  Caregivers are individuals who grow, cultivate and prepare the marijuana for consumption.  Patients may legally obtain and possess up to 2.5 ounces of marijuana.  Caregivers may cultivate 12 plants per patient under their care.  Caregivers may then process and distribute marijuana to their patients and charge a processing fee for the service and goods.

The Department of Community Health has the application forms on-line http://www.michigan.gov/mdch/0,1607,7-132-27417_51869—,00.html  Here you can obtain specific answers to your questions and concerns, application forms, access to the formal regulations and the Department’s official position on a number of issues.

What is Not Covered

What has not been answered are all the practical questions that have arisen since the law has been enacted.  There exists limited direction for patients and caregivers on practical aspects of distribution, payment, relation to other laws, taxes and local regulation, just to name a few concerns.

Can you make a business of it?  Perhaps.  The framers of the statute wanted to limit commercial activity to avoid a “California” situation.  California has had legal medical marijuana for some time and has seen a huge underground industry grow from it.  Municipalities have a mixed bag of regulations and ordinances designed to discourage, encourage, confound but usually just confuse the public.

The Reality of the Business Side

Pioneers rarely enjoy the fruits of their efforts.  The first persons into any situation usually pay a heavy price for ignorance, bad planning or circumstances beyond their control. Currently, businesses with higher public visability are in support industries (i.e. lighting, grow systems, air purifiers, etc).  Nothing inherently illegal about their activity so they generally only have the normal market risks of any business.  There are only a few retail ventures dealing with licensed marijuana known at this time.

The risks of the medical marijuana business are obvious: distribution and possession are still State and Federal crimes (though not currently a high priority for law enforcement), local police treatment varies widely and the public perception has not been tested.  You could face losing your investment and perhaps a measure of your freedom depending upon a number of factors beyond your control.  If you have no business experience, then you are in for some expensive realities regarding taxes, local and state regulations and licensing.  Then there are issues of security, pricing, inventory and distribution. 

How A Lawyer Can Help

How can a lawyer help in the process?  The lawyer you hire should be able to explain the Act to you along with the current State and Federal laws regarding criminal possession and distribution.  Your lawyer should also be sophisticated enough to understand basic business concepts and transactions such as sales contracts, leases, insurance requirements, business planning and accounting.

In short, your lawyer should lower your risk.  After all, any entreprenurial venture will have some risk.  If you plan carefully, think through your operation carefully and consider the worst case scenarios, you’ll find there is is plenty of opportunity if you are willing to work hard and seek solid guidance.  The time and cost of competent counsel will give you a better chance of success and the opportunity to minimize any risk that you anticipate.

Feel free to contact our offices at 313-821-5904 or e-mail us at tim@timdinan.com.

There are a number of reasons one loses his or her driving privileges, but mostly they come down to two basic reasons: two or more drunk driving convictions or a medical/physical disability that prevents you from safely operating your car.

Medical/Physical Disability

In order to have a Michigan Driver’s License, you must meet all the statutory requirements.  Driver’s education, passing the knowledge test and the road test is part of challenge.  You must also meet the physical requirements for vision, hearing and demonstrate the ability to safely operate your car on public roads.  Disease and injury can affect your ability to drive.  The process of aging can slowly deteriorate your driving ability, too.  Sometimes you’ll find out suddenly (after an accident or close call).  Sometimes you’ll find out at the Secretary of State’s office when you discover difficulty reading an eye chart or passing the peripheral vision test.  No matter how you learn, it is disappointing to learn that despite years of safe driving, you now can no longer drive your car.  It’s a loss of freedom and independence that makes your life more complicated.

To get your license once it has been lost, you must demostrate you no longer suffer from the medical or physical disability that has taken you off the road.  The proof will come from your doctor or specialized treater.  The Secretary of State has a specialized form that your treating physician will fill out to meet the specific concern (i.e. hearing problem or vision correction).  Once these forms have been completed, you then are re-examined by the Secretary of State by a License Examiner whose job it is to make sure you do not have any disability that has been not addressed by your treater that would endnger the driving public. 

Once you have met this requirement, the License Examiner will then give you knowledge test and a road test to make sure you are qualified to return to the road.  You can expect that you may have to regularly return to the Secretary of State when renewal time comes around and you will need the same medical documentation when you return.

If you feel that you have not been treated fairly by the Secretary of State, you may hire an attorney to assist you in presenting your proofs or, if necessary, presenting your claims in court.  Our office is experienced in dealing in matters with the Secretary of State.

2 or More convictions for Alcohol Offenses

Michigan Law revokes the driving privileges of anyone convicted of two or more alcohol-related driving offenses within 7 years or 3 offenses during a lifetime.  Regardless of the criminal consequences, the Secretary of State imposes license sanctions independant of the criminal offenses.

While there a number of technical requirements, the bottom line is that you must prove that you are sober.  This is usually evidenced by treatment records, AA attendance records, letters of support from work family and friends and testimony from you and other supporting individuals.

How An Attorney Helps

The directions to reapply for driving privileges is readily available from the Michigan Secretary of State website (www.michigan.gov/sos).  The presentation of this evidence is done before a hearing officer of the Michigan Secretary of State, an attorney who is trained as an expert in the areas of drunk driving, recovery, alcoholism and recovery.  Many hearing officers were experienced prosecutors and will focus on accountibility and public safety. 

Your lawyer should be experienced in dealing with these matters and know the standards that hearing officers are looking for.  Your lawyer should also be familiar with alcoholism, recovery groups and be able to teach you how to use the language of recovery during your hearing.  You should see the hearing as a mini-trial: the verdict will be a determination of whether you have set aside the presumption that you a habitual drinker and driver and a hazard to the driving public.

You also need to know that even if you are able to meet the Secretary of State’s standard, Michigan requires you to prove drive with an Interlock device.  The Interlock requires you to blow into a mini-B.A.C. machine before you can start your car and periodically blow into it as you drive.  The machine keeps track of your conduct and if you drink and try to start your car, it will be reported.

In addition to these requirements, there are hundreds of details and rules that you need to know.  Sometimes it is overwhelming.  Many persons who go before the DAAD (Drivers Assessment and Appeal Division) of the Michigan Secretary of State do not succeed the first time because they fail to properly prepare.  Your lawyer should be prepared to explain the process to you, prepare you and your witnesses for the hearing and give you an good idea of whether you can succeed given your unique facts.

Call our offices at 313-821-5904 and ask for Tim Dinan.  I will try to answer your questions and let you know whether you’ll be successful getting your driving privileges back.  Thanks for reading and good luck.