Ann Arbor Criminal Defense Blog

Michigan Court Discusses Sentence Reductions Under the First Step Act

Published on: April 1, 2022 | ArborYpsi Law

The recent enactment of the First Step Act has allowed many inmates to receive reduced sentences. As the courts continue to navigate the parameters of the Act, they are clarifying the guidelines for determining who is eligible for a sentence reduction. This was illustrated in a recent Michigan case, in which a defendant appealed the denial of his request for a reduced sentence for his bank robbery conviction. If you are charged with a theft crime, it is in your best interest to meet with a trusted Michigan criminal defense lawyer about your potential defenses.

The Procedural History

It is reported that the defendant was charged with and convicted of robbing a bank. He was sentenced to 165 months in prison and is serving his sentence in federal prison. He moved for a reduced sentence under the First Step Act, citing his age and other health conditions as reasons for his concerns that he may develop severe complications from COVID-19. The government filed a response in opposition to his motion. The court ultimately denied his motion without a hearing.

Sentence Reductions Under the First Step Act

The court explained that district courts could only modify a defendant’s sentence if they have statutory authority to do so. The First Step Act provides them with such authority. Specifically, it states, in the relevant part, that upon a defendant’s motion, a court may reduce a defendant’s sentence after considering multiple enumerated factors if it finds that there are compelling and extraordinary reasons that warrant such a reduction. Continue Reading ›

Michigan Court Discusses Sentencing in Gun Crime Cases

Published on: March 22, 2022 | ArborYpsi Law

Federal law typically precludes people convicted of felonies from possessing guns. The courts have some leeway about sentencing people convicted of the offense of being a felon in possession of a firearm, but in many cases, they issue substantial sentences. Recently, a Michigan court issued a ruling explaining what factors are relevant for sentencing purposes following an unlawful possession of a firearm conviction in a case in which the defendant argued his sentence was unreasonable. If you are charged with a weapons offense, it is wise to speak to a Michigan criminal defense lawyer to determine what measures you can take to protect your interests.

The Defendant’s Charge and Conviction

It is alleged that police officers were looking for the defendant, as he was absconding from parole, and there were seven warrants out for his arrest. They received permission from a homeowner to search his house, and during the search, they found the defendant in the basement. He was sleeping on a mattress on the floor near an unloaded pistol and a magazine.

It is reported that the defendant was subsequently charged with being a felon in possession of a firearm. He entered a guilty plea and was sentenced to fifty-one months in prison. He appealed, arguing that his sentence was substantively unreasonable. Continue Reading ›

Court Discusses Prior Bad Acts Evidence in Michigan Criminal Cases

Published on: March 12, 2022 | ArborYpsi Law

In Michigan, it is unlawful to engage in sexual activity with a person who is unable to consent. In attempting to prove a person engaged in criminal sexual conduct, the prosecution will typically rely on circumstantial evidence, which may include proof that the person previously engaged in similar acts. While evidence of prior bad acts is inadmissible to establish guilt, it can be introduced to show a motive, plan, or scheme, as discussed in a recent Michigan ruling. If you are faced with accusations that you committed a sex offense, it is in your best interest to confer with a Michigan criminal defense lawyer to assess what evidence the state may attempt to use against you.

The Alleged Crime

It is reported that the victim and the defendant attended a work event together. After the event, they went out drinking along with other individuals. The victim became intoxicated and returned to another companion’s hotel room, where she became sick and then fell asleep.

Allegedly, she awoke hours later and noticed that the defendant’s arm was around her and his hand was feeling around inside of her underwear. The victim elbowed the defendant, who stopped. He was later charged with third-degree criminal sexual conduct. He was convicted, after which he appealed. Continue Reading ›

Michigan Court Discusses the Offense of Using a Computer to Commit a Crime

Published on: March 5, 2022 | ArborYpsi Law

The Michigan legislature takes great measures to protect children from physical or sexual abuse and staunchly prosecutes people involved in sex crimes against children. For example, under Michigan law, a person may be convicted of a sex crime even if they have no physical interaction with the minor victim. This was illustrated in a recent Michigan case in which the court affirmed a defendant’s conviction for using a computer to commit a crime based on evidence that he attempted to submit the victim’s mother to commit illicit acts against the victim. If you are charged with committing a sex crime, it is smart to meet with a Michigan criminal defense lawyer to examine what arguments you may be able to assert in your defense.

History of the Case

It is reported that the defendant engaged in a video chat with the victim, who was fourteen, and her mother. During the conversation, the defendant expressed that he had a sexual dream about the victim and that he had previously engaged in sexual activity with a mother and daughter. At some point after that, the victim asked her mother to rub her stomach, but her mother rubbed near her breasts and underwear. The defendant later met the victim and her mother in a hotel room and engaged in sexual intercourse with the mother. He was later charged with numerous offenses, including using a computer to commit a crime. He was convicted, after which he appealed.

Using a Computer to Commit a Crime

Under Michigan law, in order to convict a defendant of using a computer to commit a crime, the prosecution must show that the defendant used a computer or a computer program, system, or network, to either commit, conspire or attempt to commit, or solicit another person to commit a crime. A person can be convicted of this offense regardless of whether they are convicted of committing, attempting, or conspiring to commit or soliciting another party to commit the underlying offense. Continue Reading ›

Michigan Court Discusses Admissibility of Hearsay Evidence in Criminal Trials

Published on: February 27, 2022 | ArborYpsi Law

In criminal matters, there is certain evidence the state cannot use to demonstrate a defendant’s guilt. For example, hearsay is generally precluded from use at trial. There are exceptions, though, that allow hearsay evidence to come in. Recently, a Michigan court explained the exceptions to the rule against hearsay in a case in which the defendant appealed his murder conviction. If you are charged with murder or any other serious offense, you should confer with a Michigan criminal defense attorney as soon as possible to assess what evidence the state may use against you.

The Facts of the Case

It is reported that the defendant and the victim, who were married, lived together with the victim’s adult daughter and her son. The defendant and the victim began arguing one morning, and their disagreement became physical. The victim then kicked the defendant out of the house. Later that evening, the victim’s daughter was in her room when she again heard the victim and defendant arguing. She then heard gunshots and called 911. After she left her room, she found the victim, who had been shot.

Allegedly, the victim died from her wounds. The defendant was charged with and convicted of murder. He appealed, arguing, among other things, that the trial court erred in admitting hearsay evidence at trial. Continue Reading ›

Michigan Court Discusses Appellate Review of Criminal Sentences

Published on: February 14, 2022 | ArborYpsi Law

When the Michigan courts sentence criminal defendants, they will typically rely on numerous factors, like sentencing guidelines and offense variables (OV), to determine what they deem an appropriate penalty. Courts are not immune to errors, though, and if they incorrectly apply the guidelines or calculate the OV improperly, it may constitute grounds for a reversal. Recently, a Michigan court discussed the appellate review of a trial court’s interpretation of sentencing guidelines in a case in which the defendant argued the trial court relied on improper evidence in issuing his sentence for numerous violent offenses. If you are charged with a violent crime, you could face significant penalties, and it is wise to contact a Michigan criminal defense attorney as soon as possible to discuss your possible defenses.

History of the Case

It is reported that the defendant was involved in an incident in which he fired a gun out of a van at another vehicle. One of the people in the other car was ejected and later died from his injuries. The defendant was subsequently charged with multiple offenses and was ultimately convicted of assault with the intent to commit murder, and being a felon in possession of a firearm. He was sentenced as a second-offense habitual offender to 38 to 62 years in prison. He argued that the trial court improperly applied the sentencing guidelines and erred in scoring his OV. The appellate court rejected his reasoning and affirmed his sentence.

Appellate Review of a Trial Court’s Interpretation of Sentencing Guidelines,

Appellate courts review the trial court’s interpretation of statutory sentencing guidelines de novo. In doing so, the appellate court must apply the rules of statutory interpretation. In the subject case, the appellate court explained that its goal in interpreting a statute is to determine and give effect to the legislature’s intent. If the statute’s language is clear and unambiguous, the appellate court will assume the legislature intended its obvious meaning and will interpret it as written. Continue Reading ›

Michigan Court Discusses Compassionate Release Under the First Step Act

Published on: February 5, 2022 | ArborYpsi Law

The recent passage of the First Step Act (the Act) modified the law with regard to the release of federal prisoners for considerate reasons. Following the rise of COVID-19, many people incarcerated in federal prisons have sought release under the Act. As demonstrated in a recent ruling issued by a Michigan court, however, it can be challenging to demonstrate that compassionate release is warranted. If you have questions regarding whether you may be able to obtain a reduced sentence, it is wise to confer with a Michigan criminal defense attorney as soon as possible.

The Defendant’s Allegations

It is alleged that in 2018, the defendant was convicted of multiple drug offenses and sentenced to 180 months in imprisonment in a federal penitentiary. In June 2020, she filed a motion for compassionate relief under the Act. In support of her motion, she argued that her obesity, history of heart surgery, and hypertension increased her risk of becoming severely ill or dying if she contracted COVID-19. The court ultimately denied her motion.

Compassionate Release Under the First Step Act

The Act modified the law relating to the compassionate release of federal prisoners, and in doing so allowed federal district courts to consider motions by incarcerated people asking for a reduction in their sentences. Under the Act, the courts must engage in a three-step test before granting a motion for compassionate release. First, they must find that compelling and extraordinary reasons exist that warrant a reduction in the sentence in question. Second, the court must make sure that the reduction aligns with applicable policy statements issued by the Sentencing Commission. Finally, the court must weigh all the relevant sentencing factors. Continue Reading ›

Michigan Court Discusses Traffic Stops in DUI Cases

Published on: January 31, 2022 | ArborYpsi Law

Michigan drivers are occasionally pulled over on suspicion of drunk driving after a worried citizen calls the police. The legality of these stops is often called into question. Further, whether the evidence obtained via such stops is admissible or is adequate to obtain a DUI conviction varies depending on the facts of the case. This was discussed in a recent ruling issued in a Michigan DUI case, in which the court ultimately ruled in favor of the defendant. If you are charged with a DUI, you should speak to a Michigan criminal defense attorney to determine what defenses you may be able to assert in hopes of avoiding a conviction.

Facts of the Case

It is reported that someone called the police and reported they saw a woman yelling at her children and behaving obnoxiously. The caller stated that the driver was inebriated, but no further evidence was supplied to back up this claim. The caller did, however, supply a great deal of identifying information about the vehicle being driven, including the license plate number, the make, model, and color of the vehicle, as well as the direction it was headed. No evidence of the caller’s identity existed, and the police recording was never brought into evidence.

Allegedly, an officer was deployed in response to the call, and he found and stopped the specified car, which was driven by the defendant. Prior to doing so, he did not verify the reported intoxication or observe the defendant violating any traffic laws. The defendant was subsequently charged with DUI. She moved for dismissal on the grounds that the stop was unlawful. The court granted the motion, but following a series of appeals, the charges were reinstated. Continue Reading ›

Michigan Law Allows Certain Criminal Defendants to Avoid a Record

Published on: January 14, 2022 | ArborYpsi Law

Criminal convictions can result in lifelong harm to a person’s rights, reputation, job prospects, and relationships. In some instances, the impact of a youthful mistake in judgment can last a lifetime. Thanks to a new law in Michigan, however, some people under a certain age may be able to avoid obtaining a criminal record, allowing them to move forward with their lives. If you are charged with a crime and you are 26 or younger, it is in your best interest to speak to a Michigan criminal defense lawyer regarding your options,

The Youthful Trainee Law

Michigan recently passed a law that would allow most people under the age of 26 who are charged with a crime to avoid obtaining a permanent criminal record. The law states that if a person pleads guilty to a crime committed between the ages of eighteen and twenty-six, a court may assign the person to the status of youthful trainee. The individual charged with the crime, the prosecution, and in some instances the victim must be obtained in certain circumstances.

Eligibility for Youthful Trainee Status

Pursuant to the law, the defendant enters a guilty plea, but no conviction is entered. As long as court ruling over the case does not rescind the youthful trainee status, the case will be dropped and the person will have no criminal record when the matter is resolved. Further, the law expressly states that an individual’s assignment as a youthful trainee protects them from incurring any civil penalties or the loss of any right or privilege. Continue Reading ›

Michigan Court Discusses Sentencing Guidelines

Published on: January 7, 2022 | ArborYpsi Law

In many instances in which a person is accused of committing a sex crime, they will be charged with multiple counts. As such, they may be convicted of numerous crimes, each of which carries their own sentence. Under Michigan law, there are sentencing guidelines that dictate what penalties are appropriate for certain crimes. As clarified in a recent Michigan ruling, however, the courts are permitted to issue sentences that fall outside of the statutory guidelines, and can sentence to multiple prison terms that run consecutively, rather than concurrently. If you are charged with a sex crime, your rights and liberties may be in jeopardy, and it is smart to confer with an experienced Michigan criminal defense attorney regarding what defenses you may be able to assert.

History of the Case

Allegedly, the defendant sexually assaulted his minor daughter twice in the same incident or transaction. He was subsequently charged with two counts of first-degree criminal sexual conduct, one count for each act. Following a trial, a jury issued a guilty verdict. He was then sentenced to thirty to fifty years in prison for each count, with the terms running consecutively. The defendant then appealed.

Sentencing for Michigan Sex Crimes

On appeal, the defendant argued that the judge imposed the sentences under the false impression that he was not violating the sentencing guidelines. The court was not persuaded by the defendant’s reasoning. The court explained that as the mandatory minimum in effect operates as the sentencing guidelines minimum range, any sentence that surpasses the mandatory minimum equates to a sentence outside the guidelines minimum range. As such, the trial court did in fact depart from the guidelines. Continue Reading ›