The Law Office of Ruiz & Rickard, PLLC.

01/28/2024

This case is very useful for explaining the purpose of the preliminary examination and the use of deadly force. The COA was absolutely correct. The problem, in my opinion, was charging. If someone tries to take your weapon m you are in a deadly force encounter. The same is true for your taser. Civilians or police alike.

Cooley Law School Associate Dean and Professor Tonya Krause-Phelan gives WOOD TV8 analysis after the Michigan Court of Appeals ruled there was enough evidence to send former Grand Rapids police officer Christopher Schurr to trial, denying his appeal to throw out his second-degree murder charge for the killing of Patrick Lyoya.
https://hubs.ly/Q02hVysq0

10/31/2023

07/14/2023

The tribe is looking for help in many areas. I know many of our client's are looking for work. Please look into this if needed. They are really good people to work for.

📢 Join our team at the Keweenaw Bay Indian Community! 📢

👉 We are thrilled to announce that we are hiring for various positions in our community! Whether you're looking for full-time, part-time, on-call, or seasonal work, we have options for you. 🙌

To explore the complete list of openings and apply, visit our website: http://www.ojibwa.com/index.php/employment 🦅

05/04/2023

The ATF's "Bump Stock Ban" appears to be a dead issue for those of us in the Sixth Circuit.

The Court recently published Scott A. Hardin v BATF, No. 20-6380 (April 25, 2023), a case out of the Western District of Kentucky at Louisville (My home state and a city I used to live in; Just FYI :)

The Court reviewed the ban and made some interesting statements that I totally agree with. In essence, the ATF had previously said that the bump stock was NOT a machine gun part, but later changed their minds. Here are the statements:

1. "but also by the ATF's own flip-flop in its position. And because the statute is "subject to more than one reasonable interpretation," it is ambiguous."

2. "the existence of divergent court opinions also suggests ambiguity." quoting Pugliese v. Pukka Dev., Inc., [citation omitted]

3. In speaking of the Chevron Deference, " The Supreme Court, has never held that the Government's reading of a criminal statute is entitled to any deference." "where the Supreme Court further noted that "criminal laws are for the courts, not for the Government to construe."

4. "that policy choices' should be left to Executive Branch officials' directly accountable to the People." quoting Epic Sys. Corp v. Lewis [citation omitted]

5. "we feel deep discomfort at allowing an agency to define the very criminal rules it will enforce."

Of course, Congress could address this later; as could the US Supreme Court, but for now, it seems dead.

04/22/2022

We love working self defense and 2A cases, but we do so much more. Custody, divorce, guardianships, all aspects of criminal law, paternity actions, revocation of paternity and one of my favorites is stepparent adoptions to name a few. Stepparent adoption cases are very complex matters, but if all factors are present, then we get to make a family. The standards for these cases include the ability to contact, but failure to do so for two years and failure to pay support. If you would like your new spouse to adopt then give us a call to discuss . Initial consultations are free.

Call 906-225-9705. We would love to help with all your legal needs.

04/06/2022

I saw a discussion on another page I follow that is relevant to this group. The group was debating the law concerning open v concealed carry on a motorcycle (it also applies to ORVs). Some were giving good information but most were not. The final thought was there is no definitive answer on whether you could open carry on a motorcycle. This is not true.

The grammar doesn't flow logically here, but we are dealing with legal terms of art.

MCL 750.227 prohibits the carrying of a concealed weapon (if you don't have a CPL) "in" a motor vehicle (this includes motorcycles, ORVs, etc.). In People v Nimeth 601 N.W.2d 393, 236 Mich. App.616 (1999) the Michigan Court of Appeals said , "the Defendant's argument [that one can not be convicted unless the weapon is "in" the motorcycle; as in a compartment] is based on strained reading of MCL 750.227(2)." They then looked to the dictionary and said, "the word in is defined as meaning: "within the limits, bounds, or area of..." and essentially ruled that an open carry on a motorcycle is "in" within the meaning of the law and thus, concealed.

So, if you don't have a CPL, do NOT open carry on a motorcycle.

03/25/2022

There was a recent question on the use of reloads and/or special ammo such as RIP, etc. and the impact it may have on a self defense case. I have not found any case law on the subject, but in short, I believe it would have limited impact if the ammo is lawful.

There will of course be some plaintiff who will argue that the ammo increased lethality, but that would just be a distraction designed to get the jury on their side. As long as you comply with the laws of self defense and the use of deadly force and must, as a last resort, use force, you will be fine.

The only impact I can see for the use of reloads would be for a products liability case. It would likely void any warranties from either the gun manufacturer or the manufacturer of the brass you are using.

I hope this answered your question.

03/22/2022

In 2020, I posted on here about self defense tools and mentioned the legality of a collapsible baton as used by law enforcement all over the world. I tell my students that these tools are legal to possess, but that doesn’t mean that some unknowing officer or prosecutor will not charge you with a crime.
A client recently came to me from Menominee County where he was charged with carrying a concealed weapon because he had a collapsible baton. I quickly sent a letter to the prosecutor with the applicable case citations to educate him and ask for the charges to be dismissed. However, he apparently didn’t trust my legal analysis and forced me to file a motion and brief in circuit court to dismiss the file. After filing but before the motion was to be heard, the prosecutor conceded defeat and dismissed all charges against my client. He was also charged with carrying brass knuckles, but they were not knuckles at all. It was simply a keychain charm.
According to the law, if there is an enumerated list of prohibited items in a statute, then only those items are illegal. However, sometimes police and prosecutors improperly define an object as one of those that are listed, such as a billy, which is essentially what they did here. The courts have ruled many times on the definition of each prohibited item and stated that a collapsible baton is not a billy or bludgeon. However, some keep charging. I spoke to a Marquette County prosecutor who said they have charged people with this in the past. They didn’t know they were legal either.
I hope to educate all the police departments and prosecutors, but I suspect this will continue. As a side note, if it were illegal for you and I to possess a collapsible baton, then it would be illegal for any police officer since there is no exception under that statute for police officers as there is with carrying a concealed pistol.
So, please call us at 906-225-9705 if you have been charged with simply possessing a collapsible baton or previously convicted so that we may assist you.

We are your self-defense and 2A law firm.

03/07/2022

Are you looking to set aside a conviction? Among others, a first offense OWI can be set aside. All fines , costs, and restitution must be paid off prior to application.

The automatic set asides wont begin until next year, if the program is created and functional.

Call for a consult for this or any other legal matter you may have. We would be glad to help you.

906-225-9705

04/09/2021

Just for information.

Hundreds of thousands of Michiganders are expected to qualify to have their criminal records cleared when new laws take effect this weekend.

01/31/2021

The legislature enacted a group of bills collectively known as the "Clean Slate" package. These bills impact the rules and procedures an individual may use to have a prior conviction set aside. The Clean Slate package makes changes to existing processes, as well as creating a new automatic process. Read an overview: https://buff.ly/3cuXRJo