A common sentiment that is often uttered by the criminal defendant is “Get me probation”. While that concept seems to have benefits on its face, the practicality of probation is far more difficult than what we one may initially think of the subject matter. Today, we will explore the subject…
One concept that seems to be lost among the criminal law field is the power that the polygraph examination (AKA lie detector) can have on the court. While the law states that the polygraph is not admissible in court, many attorneys seem to lose sight of the power that a…
One issue that most criminal lawyers seem to overlook on a regular basis is the transferred intent doctrine. When we look at Black’s Law Dictionary, we find a definition that states when the intention to harm one individual inadvertently causes a second person to be hurt instead, the perpetrator is…
One aspect of criminal defense that is often forgotten about is the value of a strong sentencing memorandum. The sentencing memo gives the attorney an opportunity to have one last chance to display to the court why their client should be given the best possible sentence and sadly, it is…
Living in the age of social media, we are seeing situations where the best way to extract revenge seems to be posting messages or going through the e-mails of others without their permission. While this may seem like a quick form of revenge for the predators of these messages, in…
When somebody is faced with a serious criminal charge it is the obligation of defense counsel to explore all options and defenses that may be available. In the state of Michigan, the idea of an affirmative defense can often be frowned upon by the trier of fact unless there is…
In the field of criminal defense, there are many hard-fought battles that can end in a dismissal or an advantageous plea bargain for the defendant if the attorney is at the top of their game. Regardless of the work of the attorney, some accountability falls upon the defendant themselves and…
In the state of Michigan, one issue that has been on the rise in the field of criminal law is the probation violation. It has been established that when a client is guilty of a crime and the attorney gets obtains a sentence of probation, a major victory has been…
Is it possible that wanting to learn more about your family tree and that of your ancestors could lead to the incarceration of loved ones? An April 27, 2018 article written by USA Today journalist Ashley May leads to that conclusion and has caught the attention of the criminal law…
The jailhouse call may be the most dangerous weapon to destroying an individual’s freedom. The call is one way that a criminal defendant can lose the protection of the attorney-client privilege and the United States Constitution. While the Michigan Rules of Professional Conduct will protect conversations between the attorney and…