Constitutional Rights

June 12, 2020

A Statement from Our Team

lady-justice-statue-wallpapers-1024x768-1-300x225

Neumann Law Group believes in justice, not only for our clients and the communities we serve, but for anyone, anywhere. On May 25, 2020, George Floyd was brutally murdered by a police officer while a crowd of bystanders begged him to stop. Three fellow officers stood by idly, while a frightened human being narrated his own death. When the video of Officer Derek Chauvin sadistically choking Mr. Floyd to death went viral, America stood witness to an act of depravity—an act so horrendous that even the willfully ignorant could no longer deny the reality of police brutality.

The gruesome scene must be viewed in context. It is easy to see Officer Chauvin as a barbarian, devoid of human compassion and fueled by hatred and racism. Except for those in the fringe holding extremist ideals, every American has denounced Mr. Floyd’s murder. But we cannot pat ourselves on the back for finding the racist and locking him up. We must act, as the videographer bravely did, or we’ll be no better than Chauvin’s fellow officers.

The nation’s problem is not Officer Derek Chauvin; racism runs far deeper than a few bad cops. While the American majority has accumulated wealth, luxury, and security over the centuries, the institutions and policies fostering that growth often did so at the expense of black Americans. Racism was once overt, as enshrined in our constitution. Then came the 13^th, 14^th, and 15^th Amendments which were our first steps of absolution, beginning the process of ending our great evil of slavery. The Civil Rights Acts of 1964 took aim at Jim Crow and segregation. However, neither of these steps eradicated hatred. Our sordid history of systemic racism stained the very fabric of our nation. A stubborn, pernicious, and deadly illness.

March 26, 2020

PJ the Wrong Way Part II: A shoe in the cavern

by Neumann Law Group

“Whatever you do, take care of your shoes.”

. . .

<*)))=<

January 23, 2020

Court throws out convictions after forged breathalyzer documents surface; statewide breath test moratorium

by Neumann Law Group

Datamaster-300x200 On January 13, 2020, the Michigan State Police (“MSP”) declared every evidentiary breathalyzer in the State of Michigan compromised and unusable. The contractor responsible for calibrating the machines falsified certification records, making test results from those devices inadmissible in court. Although the criminal fraud investigation has only just begun, the MSP has identified 52 drunk driving cases that have been compromised, and at least 12 of those cases have already been dismissed.

The situation is dripping with irony. Someone’s scheme to avoid an afternoon of work, pretending it was already completed, created a statewide crisis that investigators, judges, attorneys, administrators, law makers, and untold others will spend countless hours fixing. Nevertheless, allowing unmonitored drunk drivers back on the road is a serious matter. Courts will not be able to mandate treatment for individuals convicted of Operating While Intoxicated (“OWI”), foregoing a critical opportunity for judicial intervention into a serious public health concern.

Most people are familiar with an intervention, where friends and family gather together to try and convince someone to accept treatment for a substance use disorder. Well, a large number of successful interventions are conducted under judicial supervision. When first detained, the suspect will be under constant observation by law enforcement. When the suspect is subsequently released on bond, he or she will be subjected to community monitoring, including regular alcohol and drug testing. Prior to sentencing, most courts conduct a substance abuse evaluation, where an experienced social worker evaluates the defendant’s substance use disorder(s), if any. Armed with the results of the evaluation, courts will order proportional and targeted treatment during sentencing. The underlying threat of a probation violation and possible jail time for non-compliance motivates compliance with treatment.