The right to a speedy trial is guaranteed to the accused by both federal and state constitution in Michigan. US Const, Am VI; Const 1963, art 1, §20. “The people of this state and persons charged with crime are entitled to and shall have a speedy trial and...
Criminal Procedure
What Is Michigan’s Habitual Offender Statute?
Most people are familiar with California’s “three strikes” law from the 1990s that targeted and punished repeat criminal offenders. The general idea was that a person who committed certain felonies for a third time would be sentenced to life in prison without...
How Can You Get A Presidential Pardon?
Roger Stone, a former campaign advisor to Donald Trump, was charged by federal prosecutors with seven felonies (one count of obstruction, five counts of false statements, one count of witness tampering). He was convicted by a jury of all counts on November...
Can You Be Convicted Of Federal Or State Crimes Committed On Indian Reservations?
On July 9, 2020, the U.S. Supreme Court ruled in McGirt v. Oklahoma, __ US __ (2020)(No. 18-9526) that about half of the land in Oklahoma is actually within a recognized Native American reservation. Why does this matter? In that case, Jimcy McGirt was...
What Rights Do Defendants Have To Personally Confront Witnesses Under The Sixth Amendment During The COVID-19 Pandemic In Michigan?
The Sixth Amendment of the United States Constitution provides that “[i]n all criminal prosecutions, the accused shall enjoy the right… to be confronted with the witnesses against him…”. The Confrontation Clause is an ancient right stemming from Roman times to...
U.S. Supreme Court Rules Non-Unanimous Jury Verdicts In Criminal Cases Are Unconstitutional
In almost every part of the United States, a single juror on a jury of twelve can protect a defendant from a criminal conviction. However, there are two states in the Union that only require ten out of twelve jurors to render a conviction: Louisiana and...
What Is A Nolo Contendre (“No Contest”) Plea In Michigan?
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...
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...
