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…
Continue reading ›People convicted of sex crimes typically have to register as sex offenders. Until recently, it was unclear whether this requirement applied to juvenile offenders. A Michigan court recently issued a ruling expressly stating that it does, rejecting the assertion that it constitutes cruel and unusual punishment. If you are accused of a sex crime, it…
Continue reading ›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…
Continue reading ›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,…
Continue reading ›Many people are reluctant to talk to the police about criminal activity due to loyalty to their friends and family, fear of implicating themselves, and other reasons. Regardless of their motive, people who refuse to participate in criminal investigations or lie to the police may face criminal charges. This was demonstrated in a recent Michigan…
Continue reading ›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…
Continue reading ›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.…
Continue reading ›The COVID-19 pandemic impacted most facets of society, including those individuals that are currently incarcerated. Many people in prison have a higher risk of suffering severe illness due to COVID-19 and are justifiably concerned regarding the threats posed by the virus. Some individuals may be eligible for compassionate release, but demonstrating such release is warranted…
Continue reading ›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…
Continue reading ›The Michigan Department of Health and Human Services (MDHHS) has been issuing orders concerning public gatherings and face masks since the beginning of the pandemic. The orders go into effect for a limited time, with the most recent being effective as of December 9th and to remain in effect through December 20th. However, we expect…
Continue reading ›
