Articles Posted in Criminal Defense

Under federal law, crimes of violence are punished more harshly than other offenses. While the definition of a crime of violence is established by statute, disputes nonetheless continue regarding whether certain offenses fall under the definition. In a recent ruling, a Michigan court discussed what constitutes a crime of violence in a matter in which…

Certain crimes include an element of intent. As such, if the prosecution is unable to demonstrate that the defendant possessed the state of mind needed to commit the crime, it should not be able to obtain a conviction. Recently, a Michigan court discussed burdens of proof with regard to intent in criminal matters in an…

Typically, criminal defendants are tried individually. The state is not precluded from trying numerous criminal defendants at one time, however. For example, if multiple people were allegedly engaged in the same course of criminal conduct, the prosecution may seek a joint trial. In a recent Michigan ruling, the court addressed when a joint trial is…

Just because a person is convicted of a crime does not mean that they no longer have any recourse. Instead, there are often numerous avenues a party can explore in search of a favorable outcome. For example, a person who believes they are being unlawfully detained in prison can file a petition for habeas corpus.…

Under both the Michigan and United States Constitutions, criminal defendants have the right to represent themselves at trial. Exercising the right of self-representation is not as simple as a criminal defendant merely stating that they would prefer to proceed without an attorney, however. Instead, the court must establish the requirements set forth under statutory and…

The United States and Michigan Constitutions grant people certain privacy rights. This means, among other things, that they are protected from unreasonable searches. In other words, the police generally cannot search someone unless they have a reasonable suspicion that the person is engaging in criminal activity. If they conduct a search without just cause, it…

The COVID-19 pandemic impacted people in many facets of society, including those serving time in prison. Many inmates were able to obtain compassionate release during the pandemic, pursuant to the First Step Act. Since the introduction of vaccines, though, it has become more difficult to demonstrate such relief is warranted, as illustrated in a recent…

The federal courts of the United States will often sentence people convicted of serious crimes to imprisonment followed by supervised release. The courts are permitted to impose special conditions to the terms of such release as well, as long as the conditions fall within certain parameters. Recently, a Michigan court issued an opinion explaining what…

Drug crimes typically carry significant penalties, and people convicted of such offenses may be sentenced to decades in prison. In some instances, though, a person serving a significant sentence for a drug crime may be able to argue for compassionate release. Demonstrating that such relief is warranted can be difficult, however, as demonstrated in a…

In Michigan, assault crimes range from misdemeanors to felonies, and the severity of a charge depends on numerous factors. For example, a person that brandishes a weapon during an attack may be accused of a felonious assault. In many instances, the circumstances surrounding an altercation are disputed, and the State will use witness testimony to…