In Michigan, it was once a misdemeanor to swear in public. The law allowed the district court to punish a defendant with a 90-day jail sentence. While this law is not being applied any more, police are charging people with disorderly conduct for such actions. We are left to question…
Have you ever been convicted of a crime? If so, you may be on this page looking for some sort of answer regarding when this conviction will “fall” off your record. There are a few common misconceptions when it comes to expungements in the state of Michigan. • My conviction…
In Michigan, the field of criminal law presents more considerable obstacles than many other states. The biggest issue that criminal defense lawyers face comes out of the Lockridge decision. In Lockridge, the Michigan Supreme Court ruled that scoring guidelines for criminal defendants were advisory. While that initially appeared to be…
In the state of Michigan, one type of specialty court that is starting to gain traction is the “Mental Health Court” which allows people that have psychological issues to be given an alternative to incarceration. A specialty court is a unique concept but also comes with economic constraints as there…
Why would somebody ever confess to a crime that they didn’t commit? The average person would not believe that a “false confession” is something that ever occurs, but the reality is that criminal defendants’ admit to crimes they did not commit regularly. In Michigan, the argument on the voluntariness of…
When someone is charged with a crime, it can become a very frustrating and heartbreaking situation. To be charged, this means that a police report was presented to the prosecutor, the prosecutor submitted a warrant request to the judge, and the judge authorized the warrant. Once this happens, it is…
In an issue that may surprise many, Washtenaw County has become one of the top areas of criminal charges in Michigan. The Democratic Community has seen criminal prosecutions on the rise in the last 4 years, and many new bills are aimed at Washtenaw County. To gain further insight, several…
The preliminary examination (prelim) is a hearing in front of a District Court Judge to determine if there is probable cause to believe that a crime occurred within the jurisdiction of the District Court, and probable cause to believe that the defendant committed that offense. The defendant has 14 days…
In the state of Michigan, the concept of an affirmative defense is one that places an argument in reverse, but it is also a theory that can lead to the preservation of one’s freedom. Often with an affirmative defense, one’s medical condition can play a vital role in the arsenal…
The mistrial is a concept that has evolved dramatically during the last year within the state of Michigan. With the addition of Michigan Court Rule (MCR) 6.417, we find a new theory of law that is ripe to present appellate issues for the foreseeable future. According to MCR 6.417, we…