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Jared Clayton Austin

Jared Austin’s Legal Guides

44 total


  • Fraudulent Use of a Financial Transaction Device (Credit Card Fraud)

    A guide to Michigan's law on credit card fraud under MCL 750.157n, also known as fraudulent use of a financial transaction device. Explains the law, elements of the crime, defenses, and our approach to defending this charge.

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  • Arson

    Arson is the intentional, willful, and malicious burning of a structure. The act of burning is to set fire or cause to set fire. The severity of punishment depends on what type of structure that is burned. 1. Dwelling House-- up to 20 years in prison. 2. Real Property (includin...

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  • License Plate Readers

    License plate readers have become a hot topic recently with many police departments investing in this new technology. Advocates in favor of these devices say that it will aid police in finding stolen vehicles and people with outstanding warrants while opponents believe it will l...

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  • Unlawful Driving Away of an Automobile (UDAA)

    Unlawful driving away of an automobile is defined under MCL 750.413 as taking possession of a vehicle that does not belong to you and driving it without the owner's permission. It does not matter whether or not you intended on eventually bringing it back or whether you intended o...

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  • Possession of Burglary Tools

    If you get caught with some common household or hardware items such as a crowbar[1], chisel, or a flashlight[2], you could find yourself facing felony charges. Even though the items may seem rather innocuous and ordinary, if the police believe you have them to use for an illegal ...

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  • Domestic Violence Charges, Defenses, and Sentencing Options

    Domestic violence is an assault crime that can have a big impact on your life. Not only will you have a violent crime on your record, it could impact your job, future career, and custody of your children. A family judge may even grant your spouse exclusive use of the marital home...

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  • Stalking

    Often arising from emotionally charged situations or relationships, Michigan takes stalking, or criminal harassment, very seriously. It is defined under MCL 750.411 as: 1) a willful course of conduct involving repeated or continuing harassment of another individual, 2) that woul...

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  • Malicious Destruction of Property

    More commonly known as vandalism or criminal property damage, malicious destruction of property (MDOP) involves the willful and malicious destruction of or injuring the personal property of another person. Depending on the value of the property and if you have any previous MDOP ...

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  • Preliminary Breath Tests (PBT)

    A preliminary breath test (PBT) is a portable, handheld device that is used a to measure a person's blood alcohol content (BAC) by measuring the amount of alcohol you have on your breath as you exhale into the PBT. It oxidizes the alcohol in your breath as it passes over the fuel...

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  • SCOTUS Holds Law Requiring DNA Samples Upon Arrest Constitutional

    A couple of weeks ago in what Justice Alito called the most important criminal procedure case that this Court has heard in decades, the US Supreme Court held that a law requiring anyone arrested for a serious felony to submit to a DNA sample is not an unreasonable search under th...

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