Articles Posted in Criminal Defense

In attempting to establish a defendant’s guilt, the State will frequently try to introduce evidence of a scheme or motive. There are restrictions as to what is admissible, however. For example, in most instances, the State cannot introduce evidence of other crimes to show a defendant’s guilt. This was demonstrated in a recent Michigan case…

Home invasion is a serious charge that can result in a lengthy jail sentence. Establishing guilt in a home invasion case requires the prosecution to show that the defendant entered another person’s home without permission. Thus, if the defendant can establish that he or she had consent prior to entering, the jury should issue a…

In criminal proceedings, the prosecution’s aim is to prove the defendant’s guilt beyond a reasonable doubt. Prosecutors must comply with the law, however, and if they engage in misconduct during a trial, it might constitute grounds for arguing a conviction or sentence is unlawful. Recently, a Michigan court discussed the standard of review for claims…

In Michigan, assault crimes range in severity, and the offense a defendant is charged with depends on the circumstances surrounding the alleged attack. Many assault crimes require the State to prove the defendant’s intent at the time the offense was committed, and if it cannot, the defendant may be able to argue that a lesser…

Typically, when the police believe that someone is trafficking narcotics, they will conduct a thorough investigation, which often includes obtaining a warrant to search the individual’s home or vehicle. The police must have reasonable suspicion that a person is engaging in criminal activity to obtain a warrant, however, and if they do not, the search…

It is generally known that people who are charged with crimes cannot be forced to testify in their own defense. Many people are unaware, though, that although defendants cannot be compelled to defend themselves against the prosecutions’ allegations, they do have a constitutional right to present a defense, and if this right is violated, it…

Many theft crimes involve an element of intent. In other words, in order for the State to prove the defendant’s guilt, it must show that the defendant willfully took the property of another person or entity. In a recent opinion, a Michigan court explained the evidence needed to prove a defendant committed theft from an…

Historically, people convicted of some drug crimes faced harsher penalties than those convicted of others. In an effort to remedy this disparity, Congress passed a law known as the First Step Act that allowed for sentence reductions when certain factors were met. Recently, in an opinion delivered in a drug offense case, a Michigan court…

While gun ownership is generally lawful, people who have been convicted of felonies often lose their right to own weapons and can be charged with criminal offenses if guns are found in their possession. In many cases, though, the police will not have direct evidence of possession of a firearm but will have to rely…

In Michigan, people can be charged with harboring the intent to commit certain crimes. If a defendant is charged with such a crime, the prosecution must demonstrate the defendant’s mental status at the time of the alleged offense, and if it cannot, the defendant should be found not guilty. The evidence needed to prove an…