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…
A concept that the Michigan State Police have endorsed in CSC cases in the “pretext” phone call. The “pretext” phone call is an investigative tool that is utilized in a wide array of criminal investigations but has the most potent impact in crimes of a sexual nature. The “pretext” call…
Michigan is the birthplace of the automotive industry. Its cities, townships, and rural areas have been designed with cars in mind. While public transportation does exist in some areas, the system is often limited and disconnected. As a result, getting around without a driver’s license is challenging and time-consuming. It…
In the age of cell phones and the Internet, society has taken communications to areas that were never thought to have been possible. With the advancements of technology, there have also been pitfalls in the field of criminal procedure, and one such zone of danger for the criminal defendant is…
A concept that is starting to garner a tremendous amount of attention in the criminal court system is the “Early Termination Hearing” which could afford a defendant on probation the opportunity to end their sentence more quickly than was initially authored by the court. When a defendant wants to obtain…
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…
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…