Ann Arbor Criminal Defense Blog

A bench trial is a trial in which a judge and not a jury decides whether a person is innocent or guilty.

Jury Trial v. Bench Trial

In general, most trials are jury trials. In misdemeanor cases, a jury is made up of 6 people. In felony cases, a jury is made up of 12 people. The jury is made up of people from the community, either the district of the district court or the county in felony cases.

The jury would be made up of hopefully unbiased people that we can question before the trial. The lawyers will have never seen the people on the jury before the trial. In a bench trial, however, we will know the judge. We probably have appeared in front of that particular judge dozens and dozens of times. We may know what views the judge holds.

The police will often find drugs on a person but won’t see them in the act of selling the drugs. You can still be charged with a crime called possession with intent to deliver (sell) those drugs.

What does possession with intent to deliver mean? Possession with intent to deliver is the term meaning a person is accused of having drugs and planned to sell the drugs.

Possession with Intent to Deliver

For a person to be convicted of possession with the intent to deliver a controlled substance, the prosecution must prove beyond a reasonable doubt that,

There are several common questions I get when called about a criminal matter. I’ll try to address them with my standard answers here.

How Much Does it Cost to Retain You?

People often ask me what my rate or retainer is. The answer is that I don’t have a set rate. There are a lot of variables that go into what I charge.

First, is the case local or will there be travel? My office is across the street from the 14A-1 District Court, and down the street from both the 14A-2 District Court and the 14B District Court. It’s very easy for me to appear in these courts, so I can charge less than say a case in Oakland County. I don’t mind traveling at all, but I would need to charge me if the case is in Farmington Hills or Southfield than I do if the case is down the street in Ypsilanti.

A new proposed Michigan law would make it a crime to sell nitrous oxide gas to someone for the purpose of getting high. The law was introduced as a House Bill.

The actual language is sale of nitrous oxide “for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction, or dulling of the senses or nervous system.”

What is Nitrous Oxide?

Nitrous oxide is a gas that is commonly used in dental procedures and cooking items such as cool whip. Nitrous oxide itself is not illegal, as it can be purchased at grocery stores. The gasses are inhaled to produce short, euphoric highs.

In the Court of Appeals case of People v. James, the Court decides whether a marijuana conviction under 7411 counts as a misdemeanor for the purposes of felony sentencing.

By law, a drug conviction under 7411 does not count as a misdemeanor to be scored for felony sentencing. This is because the conviction is not truly an adjudication of guilt, as the case is dismissed upon successful completion of probation. Read more about 7411 for Drug Crimes.

What Happened in the Case

Derrick James was convicted at a jury trial of assault with intent to commit great bodily harm less than murder (MCL 750.84). James was sentenced as a habitual offender (second) to 47 months to 15 years in prison.

In Michigan, a person sentenced to prison for a felony conviction may attend boot camp, known as special alternatives to incarceration. Not everyone is eligible for boot camp, however. A person is ineligible for any of the following reasons;

1. There is a habitual offender notice and the notice has not or will not be dismissed.
2. Defendant previously served a prison sentence.
3. Defendant previously completed boot camp. That is unless the defendant did not complete boot camp for either a physical or mental reason.
4. The minimum term of defendant’s sentence is greater than 3 years (or greater than 2 years for home invasion or attempted home invasion). For boot camp with probation, the sentencing guidelines must be at least 12 months for the top number of the minimum (or defendant is being sentenced on a probation violation).
5. Defendant is physically unable to participate in the program.
6. The defendant has a mental disability that prevents participation.
7. The judge prohibits participation in boot camp.
8. The defendant has pending charges or a pending felony or immigration detainer. The defendant may be eligible once the charges or detainer are resolved.
9. The defendant does not agree to placement in boot camp.
10. The defendant is convicted of a disqualifying offense. Read the Full List of Offenses Here. Most of the disqualifying offenses are for assaultive crimes.
11. The defendant was convicted of a drug crime under MCL 333.7401 or 333.7402 and was previously convicted of a drug crime under that section. Defendant is ineligible until he has served the mandatory minimum of that term.
12. Defendant has prior or current conviction involving assaultive sexual behavior. MDOC does not count prior juvenile adjudications.
13. Defendant is serving a felony-firearm sentence. The defendant is ineligible during the felony-firearm sentence, also ineligible if total minimum term exceeds 36 months including felony-firearm sentence.

Call ArborYpsi Law

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is an Ann Arbor Criminal Defense Attorney.

A new probation law goes into effect this year that will limit judge’s ability to create long sentences for “technical” probation violations.

The New Law

A person who commits a technical probation violation may only be sentenced up to 30 days in jail. Following the jail sentence the probation may return to probation.

Multiple probation violations that occur at the same time will be treated as if they are just one violation.

Drinking and guns don’t mix. Having a bodily alcohol content while carrying your gun can lead to a suspension or revocation of a concealed pistol license, depending on your BAC. Study the law in advance and avoid losing your CPL.

The Law

It is against the law to do any of the following: