No Second Chances to Win in Court

[KLAW Blog]

Wrong Place, Wrong Attorney

We had someone call the office the other day. They said they got into a situation with cannabis in an unfriendly part of the state and were being punished and drained financially to put the kibosh on their ability to fight. Here’s a brief background.

This person had been a medical marijuana patient for numerous years and had gotten pulled over and initially charged with a DUI. They retained a lawyer and paid 10k to start. During the call to us they stated that the lawyer they hired didn’t do much, didn’t really know the laws regarding medical marijuana and patient rights. They seemed disinterested.

After the punishment was administered and their life was put into turmoil both financially and forced submission, they wished to continue using their state sanctioned, state taxed, medical marijuana use while on probation as deemed possible by the Michigan Court of Appeals through the legal efforts of Attorney Michael Komorn.

Lower Court Ignored Court of Appeals Ruling

The District Court (going against the Court of Appeals decision) denied the request and told them to file a motion. By that time they were out of money. The court stated they would have to request a court appointed attorney.

The Court of Appeals

Although the Michigan Probation Act allows courts to impose conditions on probationers, The court states;

“We Conclude That Provisions Of The Michigan Probation Act That Allow A Court To Prohibit A Probationer’s MMMA-Compliant Use Of Marijuana Impermissibly Conflict With MCL 333.26427(A) And (E) Of The MMMA And Are Unenforceable…. A Court Cannot Revoke Probation Upon The Use Of Medical Marijuana That Otherwise Complies With The Terms Of The MMMA.”

Meanwhile, the court applied more punishment and financial costs leaving them in more of a bind while obtaining more money for the courts.

Called Us Too Late

The person called around and got recommended to our office. We talked and gave some recommendations but they were drained of financial resources. By the way it sounded we may have won, or fought for a better outcome and definitely would have filed the motion for use of their medication while under the thumb of the courts.

The Moral Of Story

The moral of the story. You really only have one chance to win in the business of the justice system. You need to choose your lawyer right and pay them. The good lawyers and their team spend many hours researching law, developing tactics and a strategy while fighting aggressively each and every moment in court for their clients.

There’s a saying… Cheap attorneys aren’t good and good attorneys aren’t cheap. Sometimes you pay more in the long run trying to save a little up front.

If you or someone you know has been accused of a crime or DUI.
Call Komorn Law – Call Now 248-357-2550

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