Ann Arbor Criminal Defense Blog

One of the fast-changing legal topics in Michigan is the area of sentencing and re-sentencing of youthful offenders for serious crimes. Youthful Offenders and Constitutional Sentencing in Michigan This started with the United States Supreme Court case of Miller v. Alabama. Miller held that juveniles (those under 18) could not be sentenced to mandatory life…

At ArborYpsi Law, we have been helping people fight traffic tickets for over 15 years. Understandably, drivers are concerned that a ticket they receive will mean points on their driver’s license, resulting in higher insurance rates. It has been reported that there is a higher police presence patrolling the roads. This translates to more tickets…

In many criminal trials, the prosecution relies on testimony from victims and eyewitnesses to prove its case against the defendant. As such, if a key witness for the state later recants their testimony, it may constitute grounds for reversing a defendant’s conviction. A change in an eyewitness account will not always result in a favorable…

Criminal defendants rarely lack grounds to assert the insanity defense, but when they present compelling evidence demonstrating that the defense applies, they can often avoid a conviction. As such, if a defense attorney makes mistakes that prevent a defendant from offering a valid insanity defense, it may constitute grounds for reversing a conviction, as shown…

The Michigan Constitution and the United States Constitution afford criminal defendants many rights, including the right to counsel and the right to self-representation. While defendants are protected from harm caused by incompetent attorneys in that they can assert claims of ineffective assistance of counsel, if they choose to represent themselves, they waive the right to…

In Michigan, many crimes are similar in nature and contain similar elements but vary in degrees. As such, if the prosecution cannot establish a defendant’s guilt for the charged offense, it may be able to obtain a conviction for a lesser included offense, which is a less serious crime that necessarily happens during the commission…

In Michigan, criminal statutes are made up of elements. Thus, when the state charges a defendant with a crime, the prosecution must establish each element beyond a reasonable doubt in order to obtain a conviction. While in some cases, the meaning of an element of a crime is clear, in others, it is less certain.…

The prosecution bears the burden of proving a criminal defendant’s guilt beyond a reasonable doubt. While the prosecution can offer both direct and circumstantial evidence to meet this burden, it cannot rely on evidence relating to the defendant’s prior bad acts or convictions to demonstrate the defendant’s character or to imply that they acted in…

The federal courts punish violent crimes more harshly than other offenses. While in some cases, it is obvious that a crime is violent, in other instances, the character or a crime is less evident. Recently, a Michigan court analyzed whether carjacking crimes prosecuted under a coconspirator theory of liability constituted crimes of violence, ultimately ruling…

Under the Armed Career Criminal Act (ACCA), people with prior convictions for certain crimes can face greater penalties during subsequent sentencing hearings. Specifically, the ACCA allows for increased sentences for people with a history of committing violent felonies. Violent felony is a broad term, though, and it is not always clear what qualifies as such…