Michigan Criminal Lawyers Blog

The System of Judges Typically

Most people don’t really know that much about the judges that preside in their hometowns and federal courts. Most time, the only interaction people have with a judge is to appear in front of him or her to pay a fine for a traffic ticket or something similar. All judges in those situations are generally fair and nice, as the people on the traffic docket in front of them are not there for criminal offenses. Other than, “the judge was nice to me,” what did you actually learn about that judge and his or her beliefs or policies? Many times, judges simply get elected on name recognition, and re-elected because they get to run as an incumbent. Incumbents generally win judicial elections unless there is some sort of scandal or issue that marks a sitting judge. Judicial appointments, nominations, and endorsements are just as political as the rest of our process, it’s just hidden a little better. If a judicial seat opens up in the middle of that seat’s term, then the governor or the president will appoint judges to fill those roles for the remainder of their terms. Once they run in the next election, they get to run as in incumbent, a huge advantage.

There are about 1,700 federal judges and about 30,000 state judges nationwide. Federal court is home to about 400,000 cases per year, while state courts account for over 100 million cases each year. From a traffic ticket, to a divorce, to a criminal case, these sitting judges have a huge say in how you live your lives. It is important to know who your judges are, what they stand for, and what kinds of misconduct they have committed, if any.

What is a Diversion Program?

A diversion program is a type of probation for people who are first time offenders for various crimes. When people enter a diversion program, they are typically expected to complete a specific style of probation that is tailored to their specific situation and crime. If they are successful in completing the diversion program probation, then the case is dismissed or made non-public in some way. Many diversion programs are centered around cases that involve drugs and alcohol. But did you know there are diversion programs that help veterans and people with mental health issues? There is even a diversion program for first time domestic violence offenders and for youths under the age of 21 who accused of committing a wide range of crimes.

A list of diversionary programs in Michigan includes the following:

Michigan Courts Before Pandemic

The tradition and way of doing things within courthouses across the state of Michigan before the COVID-19 has always been slow and resistant to change. While some courts and jurisdictions have embraced technology and made their courts more efficient, this was hardly the norm. Michigan Supreme Court Chief Justice Bridget Mary McCormack recently testified to a U.S. Congressional panel about the typical operation of courts pre-pandemic stating that technology has brought “much-needed change” to the justice system. Chief Justice McCormack stated that the pandemic drove more change in three months than has occurred in in the past three decades in the state of Michigan. She noted that even though this pandemic was not the disruption anyone was looking for, it was the catalyst to transform the Michigan judiciary into a “more accessible, transparent, efficient, and customer-friendly branch of government.”

Changes in Michigan Courts

Original Case Details

A teenage man from Muskegon has been given a second chance by the Michigan Court of Appeals. Carvin Bailey was convicted by a jury back in 2018 of assault with intent to do great body harm, as well as felony firearm. Bailey was sentenced to prison, where he currently resides. The Michigan Court of Appeals, however, has recently ruled to give him a new trial. The Court found that the trial judge did not properly instruct the jury on self-defense when before they started deliberations. Bailey shot another teen who had been harassing him, threatened him, and showed up to his house where a confrontation occurred. There were allegedly several witnesses who watched the men confront each other. Bailey claimed self-defense, but the judge only gave the self-defense instruction for one of his charges, failing to instruct that self-defense also applied to other counts. Bailey was convicted and sentenced to a 3-year minimum prison sentence, which had a consecutive 2-year prison sentence tacked on for the felony firearm charge.

The maximum Bailey can face is 12 years in prison for these convictions. His maximum sentence on his assault charge is 10 years, plus an extra two years added on to whenever he is paroled on his assault charge. Once Bailey serves his minimum three-year sentence, he will then be eligible for parole where he will either be released, or “flopped” for another year before going in front of the parole board again. He will again either be released or flopped and will continue this cycle each year until he is either paroled or serves the maximum of his sentence. A felony firearm conviction simply adds two years to any prison sentence. If you are sentenced to probation for a felony, but get convicted of felony firearm, then you will spend two years in prison for the felony firearm conviction.

Original Case Details

A man from Hamtramck stands charged with four different felonies for his alleged threats against a Hamtramck Judge who was presiding over the man’s case. The man is alleged to have made death threats through text messages toward Hamtramck District Court Judge Alexis Krot. The text messages were allegedly sent to a third party and not the judge directly. Judge Krot was presiding over an assault case where the man is the defendant. When officers went to apprehend the man, he allegedly fled and committed numerous traffic violations in escaping arrest. Hamtramck Police arrested the man without incident later that day.

Criminal Charges and Potential Penalties