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...
Criminal Procedure
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...
Michigan’s “Clean Slate” Laws: How Can Criminal Convictions Be Wiped Away?
On October 12, 2020, Gov. Gretchen Whitmer signed a package of seven bills into law that have been collective known as the “Clean Slate” legislation. The purpose of these new provisions is to expand the eligibility for people convicted of crimes to expunge...
Michigan Court Of Appeals Rules Probationers Cannot Be Prohibited From Using Medical Marijuana
On February 11, 2021, the Michigan Court of Appeals ruled in People v Thue, __ Mich App __ ; __ NW2d __ (Docket No. 353978) that trial courts cannot deny probationers the use of medical marijuana while under supervision. In this case, the defendant was...
Can A Criminal Conviction Cause An Alien Resident To Be Deported?
A criminal conviction has a number of consequences, whether it is a misdemeanor or felony. The offender is subject to paying fines and costs, supervision on probation, or even incarceration in jail or prison. In addition, any alien present in the United...
How Does The COVID-19 Pandemic Affect The Right To Speedy Trial In Michigan?
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...
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...
