There are several ways that a criminal case can resolve itself in Michigan. A defendant may elect to plead not guilty and try the case before a judge or jury to verdict. A defendant may elect to plead guilty and tell the court what happened so that the plea agreement...
Criminal Procedure
The Police Did Not Read My Miranda Rights When I Was Arrested – Does This Mean The Arrest Was Illegal?
One of the most persistent misconceptions of criminal law is that people think the Miranda warning is a magic phrase that police officers must tell someone during an arrest. Thereafter, criminal defendants tell their attorneys that "the police officer did not read me...
Can The Prosecutor Use My Conversations On The Jail Phone Against Me?
Sitting in jail waiting for the resolution of your criminal matter is a frustrating experience. If unable to post bail, there is nothing you can do but hold tight and wait for information. Your family is only able to visit on the weekend. Your attorney might come...
Who Can Execute A “Citizen’s Arrest” In Michigan?
Since the turn of the millennium, there has been an explosion in interest for superhero media. Many of the highest-grossing movies in the last several years were superhero movies such as The Avengers, Wonder Woman and Black Panther. The popularity to this genre is...
Remain Silent — Don’t Fall Prey To The “Reid Technique”
One technique that is commonly used by police officers who are investigating a crime is the Reid Technique, developed by John E. Reid & Associates, Inc. The Reid technique is a manipulative and coercive interview and interrogation technique that is used to try to...
Is It Better To Be Tried By A Judge Or A Jury In A Michigan Criminal Trial?
The United States Constitution and the Michigan Constitution both preserve the right to be tried by a jury when faced with a misdemeanor or felony. In a Michigan circuit court, you have a right to a fair and impartial jury of 12 of your peers and a unanimous verdict...
Michigan Supreme Court Holds Imposition Of Court Costs Against Defendant Is Not Unconstitutional Tax
On July 10th, 2019, the Michigan Supreme Court denied an application for leave to appeal a decision of the Michigan Court of Appeals (People v Cameron, __ Mich App __;__ NW2d __ (2017)(Docket No. 330876)) that held the imposition of court costs against a defendant at...
What Should You Do When You Are Pulled Over By The Police?
One of the most unpleasant experiences faced by many drivers comes when you see the red and blue flashing lights in our rearview mirror. Many times, you already have an idea about why you are being pulled over; sometimes, you don't. Regardless, how handle that...
What Is A Cobbs Evaluation In Michigan?
Simply put, a Cobbs Evaluation is plea bargaining in a criminal case in Michigan that involves the participation of the trial judge. Generally, the prosecutor and the defense attorney will make an agreement on what charges that the defendant will plead to, and the...
Michigan Supreme Court Holds Passengers Have Standing To Challenge Searches Of Personal Property In Motor Vehicles
On April 22nd, 2019, the Michigan Supreme Court released its opinion in People v Mead, ___ Mich ___ (2019) holding that a passenger in a motor vehicle has standing to challenge a police search of his personal property under the Fourth Amendment. This decision...
