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...
Criminal Procedure
Are You Entitled To Credit For Time Served In Jail Before Sentencing In Michigan?
by stevejedinak | Apr 29, 2021 | Criminal Procedure
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?
by stevejedinak | Apr 8, 2021 | Criminal Procedure
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
by stevejedinak | Mar 8, 2021 | Controlled Substance Offenses, Criminal Procedure
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?
by stevejedinak | Nov 27, 2020 | Criminal Procedure
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?
by stevejedinak | Oct 19, 2020 | COVID-19, Criminal Procedure
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?
by stevejedinak | Sep 11, 2020 | Criminal Procedure
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?
by stevejedinak | Aug 3, 2020 | Criminal Procedure
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?
by stevejedinak | Jul 15, 2020 | Criminal Law, Criminal Procedure, Federal Crimes
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?
by stevejedinak | Jun 29, 2020 | 6th Amendment, COVID-19, Criminal Procedure
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...
Categories
- 4th Amendment (4)
- 5th Amendment (2)
- 6th Amendment (4)
- Animal Law (12)
- Child Abuse (3)
- Child Protective Proceedings (9)
- Civil Litigation (27)
- Civil Procedure (7)
- Controlled Substance Offenses (29)
- COVID-19 (27)
- Criminal Law (108)
- Criminal Procedure (44)
- DUI Offenses (30)
- Election Law (38)
- Family Law (54)
- Federal Crimes (19)
- Federal Taxation (80)
- Firearm Offenses (18)
- First Amendment (7)
- Guardianships And Conservatorships (29)
- Homicide Offenses (11)
- Juvenile Justice (7)
- Landlord-Tenant Law (16)
- Medical Experts (1)
- Michigan Taxation (35)
- Personal Protection Orders (9)
- Powers Of Attorney (4)
- Property Law (41)
- Sex Offenses (25)
- Traffic (1)
- Traffic Offenses (67)
- Wills, Trusts And Estates (73)
Archives
- July 2023 (1)
- March 2023 (3)
- February 2023 (8)
- January 2023 (9)
- December 2022 (9)
- November 2022 (8)
- October 2022 (9)
- September 2022 (9)
- August 2022 (9)
- July 2022 (8)
- June 2022 (9)
- May 2022 (9)
- April 2022 (8)
- March 2022 (9)
- February 2022 (8)
- January 2022 (9)
- December 2021 (9)
- November 2021 (9)
- October 2021 (8)
- September 2021 (9)
- August 2021 (9)
- July 2021 (9)
- June 2021 (8)
- May 2021 (9)
- April 2021 (9)
- March 2021 (9)
- February 2021 (8)
- January 2021 (13)
- December 2020 (13)
- November 2020 (13)
- October 2020 (13)
- September 2020 (14)
- August 2020 (14)
- July 2020 (18)
- June 2020 (15)
- May 2020 (21)
- April 2020 (14)
- March 2020 (8)
- February 2020 (8)
- January 2020 (23)
- December 2019 (23)
- November 2019 (13)
- October 2019 (13)
- September 2019 (12)
- August 2019 (13)
- July 2019 (20)
- June 2019 (18)
- May 2019 (17)
- April 2019 (13)
- March 2019 (13)
- February 2019 (9)
- January 2019 (11)
- December 2018 (13)
- November 2018 (9)
- October 2018 (9)
- September 2018 (12)
- August 2018 (9)
- July 2018 (8)
- June 2018 (9)
- May 2018 (10)
- April 2018 (8)
- March 2018 (10)
- February 2018 (8)
- January 2018 (8)
Recent Posts
- Understanding Michigan’s New “Handsfree” Law
- What Is A Statutory Will In Michigan?
- What Are The Excessive Noise Limits For Motor Vehicles In Michigan?
- What Political Activities By Churches Can Jeopardize 501(c)(3) Status With The IRS?
- How Does Domestic Violence Affect Divorce Proceedings In Michigan?