Articles Posted in Criminal Defense

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…

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…

Pursuant to the Fourth Amendment, people cannot be unreasonably searched or detained by the police. This means, among other things, that in most instances, the police must possess a warrant in order to search a person or their home. Additionally, there must be probable cause for issuing a warrant; if there is not, any search…

Under the Armed Career Criminal Act (the Act), people with three or more prior convictions for certain felonies face enhanced penalties if they are convicted of a subsequent crime. The prior convictions must arise out of crimes that occurred on different occasions, however. Recently, the United States Supreme Court examined what the word occasions means…

Under Michigan law, there are some acts that, while they form the basis of criminal charges, are justified in certain situations. For example, if a person uses force against another person, they may be charged with an assault crime, but if they took such action to protect themselves or someone else, the charges against them…

The United States Constitution grants criminal defendants numerous protections and rights. For example, the Sixth Amendment of the Constitution affords people charged with crimes the right to a public trial. If the right is violated and a criminal defendant is tried in a closed courtroom, it may constitute grounds for dismissal. Recently, a Michigan court…

People wrongfully convicted of crimes have numerous avenues for seeking justice. For example, they may be able to file appeals or petition the court for a writ of habeas corpus. They must comply with statutory procedures prior to filing their petition, however, and if they fail to do so, their petition will likely be denied,…