Attorneys do not always have a good reputation and the neverending supply of lawyer jokes is a testament to that. Some people perceive lawyers as being in cahoots with the judge or prosecutor, as charging too much for their services, or just believe that...
Criminal Procedure
Can You Be Discharged Early From Probation In Michigan?
On January 4, 2021, Governor Whitmer signed Public Act 397 of 2020 into law that made several modifications to Michigan’s criminal procedure rules related to probationary sentences. Since 1913, probation has been the primary form of supervision for anyone...
Does The Prosecutor Have A Duty To Disclose Evidence To The Defendant In Michigan?
In the 1992 comedy “My Cousin Vinny”, Joe Pesci plays a New York lawyer who travels to Alabama with his fiancé Mona Lisa Vito (played by Marisa Tomei) to defend his cousin against murder charges. Vinny decides to go hunting with the prosecutor ahead of trial...
Can Prior Convictions Be Used Against The Defendant In A Criminal Trial In Michigan?
In Michigan, a person who stands trial for a criminal charge is entitled to be judged based on the facts of the crime, not the quality of his or her character. For example, the prosecuting attorney who is pressing assault charges against someone who instigated...
Can You Get A Pardon From The Governor For Criminal Convictions In Michigan?
There are many effects that a criminal conviction can have on you long after you have served your time and paid your fines. A person convicted of a felony is permanently disqualified from jury service as long as it remains on his or her record. MCL 168.758b. ...
Is Intoxication By Alcohol Or Drugs A Valid Defense To A Criminal Charge In Michigan?
It is possible that someone can become so intoxicated by a controlled substance or alcohol that they literally do not remember what happened the night before. That person could have no recollection about any illegal or criminal activity they engaged in. Is...
What Happens When You Violate Probation In Michigan?
If you are convicted of a misdemeanor or felony in Michigan, you run the risk of being assessed a fine or being incarcerated for a period of time. However, the judge may elect to forego those severe penalties and, instead, place the offender on probation in...
First-Time Operating While Intoxicated Offenses Are Now Eligible For Expungement In Michigan
On August 23, 2021, Gov. Gretchen Whitmer signed Public Act 79 of 2021 into law which further expanded the expungement rules for setting aside criminal convictions in Michigan. Now a person may have the opportunity to expunge and eliminate a first-time...
Can I Present An Alibi Defense To Beat A Criminal Charge In Michigan?
An alibi is a possible defense that can be raised by a defendant at trial where he or she asserts they could not have committed the crime because he or she was in another location at the time that the charged offense occurs. For example, the accused might...
Are You Entitled To Credit For Time Served In Jail Before Sentencing In Michigan?
Criminal proceedings in Michigan can take months to complete from arraignment all the way to sentencing. In the meantime, the defendant may be sitting in county jail for the entire duration due to the inability to post bond. Once sentencing occurs, the...
