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Michael A. Komorn

Michael Komorn’s Answers

5 total

  • Am I able to get copies of lab reports from a firearm that was tested?

    A firearm was seized during a drug raid. The Michigan State police tested the firearm for my prints and DNA. The results came back negative. I am still being charged with being in possession of the gun just because it was in the house. Am I able t...

    Michael’s Answer

    Any and all evidence in the possession of the state must be made available to the defendant in any case. That includes inculpatory evidence ( evidence likely to be used against you) as well as exculpatory evidence ( evidence that is contrary to the state theory of guilt ). This would include any and all lab reports.
    The fact that no evidence of fingerprints exist on the gun will be helpful in your case, however the issue of proving the gun charges may not be as simple as fingerprint evidence alone.
    At trial the jury will be asked to determine whether you "actually" possessed the gun as well as whether you "constructively" possessed the gun. Each of these concepts of possession will be an issue in your case. It is in your best interest that who retain counsel to address these serious charges.

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  • I'm on felony probation I have my first drug test coming up I have done everything I was order to do but I stated back smoking

    Will I get a violation for dropping positive my first time

    Michael’s Answer

    It is best to call an attorney if you are confident that your drug screens will result in a violation of your terms of bond or probation. Assuming that you are not a medical marihuana patient and or using marihuana medicinally, a positive drug screen for cannabis or thc from the courts perception, will be indicative that you have a drug problem or issues with addiction. In order to confront this perception in a responsible way, there are specific strategies that can be employed to be best prepared for possible sanctions. Showing up and declaring that you just decided to start smoking marihuana again, is not advised.

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  • I am being charged with indecent/obscene behavior but it wasn't me, do I need a lawyer?

    I have a younger cousin that I feel is responsible for it. I had a charge for producing false information to an officer that was dismissed. I am now waiting trial for this matter.

    Michael’s Answer

    There are many people sitting in prisons all over the country and within the state of Michigan for crimes they did not commit.

    I would definitely recommend that you hire a lawyer. Even though you are charged with a crime, the law requires that you are presumed innocent. That presumption should never change, and will stay with you throughout the entire case unless the government can prove at trial beyond a reasonable doubt that you committed the crime. If the government fails in this endeavor, you remain not guilty.

    Also be reminded that the entire purpose of the criminal justice system is to test the government’s case, to ensure an innocent person is not convicted of a crime that they did not commit. Ensuring that your constitutional rights are not only protected but exercised through cross examination during the trial is what lawyers are trained to do. Strategizing and preparing will be the key to the success of your case. So to answer your question directly, yes find a lawyer who is willing to fight for you, and ensure that your constitutional rights are not only protected but exercised.

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  • Can I question a victim/witness myself even if I have an attorney?

    I am being charged with a probation violation and have been appointed an attorney by the State. The allegations behind the probation violation charge are completely made up by the victim and I wanted to know if I could question the victim during ...

    Michael’s Answer

    It is not a good decision for a person accused of a crime to interact with or to question a victim/witness. The concern would be an allegation of threatening or intimidating a witness. By definition, a witness in a criminal case is adverse to the accused; any interaction outside of Court if complained of, and will be perceived negatively by the Court and may result in bond being amended or revoked. This is even truer if the questioning is a witness who is a victim in your case. If the prosecutor learns (because the victim/witness complains of your interactions) that you are interacting with the victim witness in your case, they will certainly cry foul or intimidation, and this will not bode well for you.

    In regards to questioning the witness during the probation violation hearing, it is not advisable that you do the questioning. You have a lawyer who should be working in your best interest. If there are questions that need to be asked, write them out for your lawyer or discuss with the lawyer the areas or questions you want answers to. There may be reasons the lawyer may not want to ask them, or the questions you want asked may be precluded because of the rules of evidence but if you work with your lawyer, it is likely that you can develop a strategy with your lawyer so the information you want the witness to provide will in fact be heard by the Judge, making the decision about the alleged probation violation.

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  • I am currently in drug court my case was not for drugs it was for assault, I'm getting my mmj card April 3.

    Is it okay to start smoking marjuana? Or should I tell my judge before I start.

    Michael’s Answer

    Essentially you are asking whether you should be asking for permission or forgiveness for the medical use of cannabis. As the other lawyers have suggested, and in most situations, it is better to be safe than sorry when dealing with Judges. Your situation of being in Drug Court makes this answer that much easier, in that obviously the Court is monitoring, by way of testing, any and all alcohol or drugs that you may be ingesting, which will ultimately lead to you needing to explain why you have been ingesting marihuana.

    Thus, it is not advisable in your current situation, “in drug Court” to begin using medical marihuana until the Judge who is supervising your Drug Court has approved.

    The general philosophy of Drug Court is that those participating have a drug or alcohol problem, and instead of more severe sanctions associated with criminal behavior, the Court is punishing the crime committed because of the disease or problems associated with drug use or addiction, generally. To test positive for any drug while participating in Drug Court probation, will be considered a violation. Unless the Court is made aware of your medications, including medical marihuana, it is not advised to commence use without permission.

    It is likely that the Court will take the position that because of your status in Drug Court, any and all non-prescribed medications may not be ingested. While it may be true that the recommendation in most instances is equated to a prescription. It can be a slippery slope to suggest or argue that the registry identification card is the equivalent of a prescription and not a recommendation. Prescription medications require 30/60 day follow up with the physician to obtain additional medication and filling scripts.

    While it may be true that the Court/Judge and or Probation officers are not doctors and should never make medical decision as to what the best “medicine” for your serious condition may be, they do so all the time. I have heard many judges explain that anyone can get a card, and the doctors issuing the cards are not creating bona fide physician-patient relationships, prior to issuing the recommendation.

    Additionally I have heard judges and prosecutors criticize and scrutinize that the patients fail to follow up with the certifying physician. I mention these factors so you are aware of what scrutiny you will likely face in most courts if you register with the Michigan Medical Marihuana Program, and most certainly if you request to use medical marihuana while on bond or probation. If you obtain your medical marihuana card, it is important that the physician who signs the recommendation be knowledgeable of the strict requirements of the bona fide physician-patient relationship. "Bona fide physician-patient relationship" means a treatment or counseling relationship between a physician and patient in which all of the following are present:

    (1) The physician has reviewed the patient's relevant medical records and completed a full assessment of the patient's medical history and current medical condition, including a relevant, in-person, medical evaluation of the patient.

    (2) The physician has created and maintained records of the patient's condition in accord with medically accepted standards.

    (3) The physician has a reasonable expectation that he or she will provide follow-up care to the patient to monitor the efficacy of the use of medical marihuana as a treatment of the patient's debilitating medical condition.

    (4) If the patient has given permission, the physician has notified the patient's primary care physician of the patient's debilitating medical condition and certification for the use of medical marihuana to treat that condition.

    Your interactions with the physician and his or her willingness to support the recommendation in Court is something you will certainly want to determine at the time your physician recommends the medical use of cannabis.

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