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…
The United States Supreme Court sent shock waves to the criminal defense community with their decision in Carpenter V. United States on June 22, 2018. The decision ruled that access to a person’s historical cell-site records is a Fourth Amendment search because it violates the person’s “legitimate expectation of privacy…
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…
In an outcome that shocked many across the country, the United States Supreme Court ruled in a 6-3 decision to strike down the “Professional and Amateur Sports Protection Act” which was enacted in 1992. News of the decision was followed by a report with the National Football League (NFL) stating…
When a defense attorney takes on a capital case, one piece of ammunition that can sway the court is the polygraph examination. While the polygraph examination is believed to not be admissible, there are misconceptions about how and when to use the test. Today, we will break apart the concept…