Ann Arbor Criminal Defense Blog

The Michigan Rules of Evidence dictate what evidence the state is permitted to use against a defendant at trial. Among other things, it must be relevant. Additionally, evidence that passes the relevance threshold may be deemed inadmissible if it is overly prejudicial. In a recent Michigan matter in which a defendant appealed his murder conviction,…

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…

The recent enactment of the First Step Act has allowed many inmates to receive reduced sentences. As the courts continue to navigate the parameters of the Act, they are clarifying the guidelines for determining who is eligible for a sentence reduction. This was illustrated in a recent Michigan case, in which a defendant appealed the…

Federal law typically precludes people convicted of felonies from possessing guns. The courts have some leeway about sentencing people convicted of the offense of being a felon in possession of a firearm, but in many cases, they issue substantial sentences. Recently, a Michigan court issued a ruling explaining what factors are relevant for sentencing purposes…

In Michigan, it is unlawful to engage in sexual activity with a person who is unable to consent. In attempting to prove a person engaged in criminal sexual conduct, the prosecution will typically rely on circumstantial evidence, which may include proof that the person previously engaged in similar acts. While evidence of prior bad acts…

The Michigan legislature takes great measures to protect children from physical or sexual abuse and staunchly prosecutes people involved in sex crimes against children. For example, under Michigan law, a person may be convicted of a sex crime even if they have no physical interaction with the minor victim. This was illustrated in a recent…

In criminal matters, there is certain evidence the state cannot use to demonstrate a defendant’s guilt. For example, hearsay is generally precluded from use at trial. There are exceptions, though, that allow hearsay evidence to come in. Recently, a Michigan court explained the exceptions to the rule against hearsay in a case in which the…

When the Michigan courts sentence criminal defendants, they will typically rely on numerous factors, like sentencing guidelines and offense variables (OV), to determine what they deem an appropriate penalty. Courts are not immune to errors, though, and if they incorrectly apply the guidelines or calculate the OV improperly, it may constitute grounds for a reversal.…

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…

Michigan drivers are occasionally pulled over on suspicion of drunk driving after a worried citizen calls the police. The legality of these stops is often called into question. Further, whether the evidence obtained via such stops is admissible or is adequate to obtain a DUI conviction varies depending on the facts of the case. This…