In many criminal trials, the prosecution relies on testimony from victims and eyewitnesses to prove its case against the defendant. As such, if a key witness for the state later recants their testimony, it may constitute grounds for reversing a defendant’s conviction. A change in an eyewitness account will not…
Criminal defendants rarely lack grounds to assert the insanity defense, but when they present compelling evidence demonstrating that the defense applies, they can often avoid a conviction. As such, if a defense attorney makes mistakes that prevent a defendant from offering a valid insanity defense, it may constitute grounds for…
The Michigan Constitution and the United States Constitution afford criminal defendants many rights, including the right to counsel and the right to self-representation. While defendants are protected from harm caused by incompetent attorneys in that they can assert claims of ineffective assistance of counsel, if they choose to represent themselves,…
In Michigan, many crimes are similar in nature and contain similar elements but vary in degrees. As such, if the prosecution cannot establish a defendant’s guilt for the charged offense, it may be able to obtain a conviction for a lesser included offense, which is a less serious crime that…
In Michigan, criminal statutes are made up of elements. Thus, when the state charges a defendant with a crime, the prosecution must establish each element beyond a reasonable doubt in order to obtain a conviction. While in some cases, the meaning of an element of a crime is clear, in…
The prosecution bears the burden of proving a criminal defendant’s guilt beyond a reasonable doubt. While the prosecution can offer both direct and circumstantial evidence to meet this burden, it cannot rely on evidence relating to the defendant’s prior bad acts or convictions to demonstrate the defendant’s character or to…
The federal courts punish violent crimes more harshly than other offenses. While in some cases, it is obvious that a crime is violent, in other instances, the character or a crime is less evident. Recently, a Michigan court analyzed whether carjacking crimes prosecuted under a coconspirator theory of liability constituted…
Under the Armed Career Criminal Act (ACCA), people with prior convictions for certain crimes can face greater penalties during subsequent sentencing hearings. Specifically, the ACCA allows for increased sentences for people with a history of committing violent felonies. Violent felony is a broad term, though, and it is not always…
People convicted of sex crimes typically have to register as sex offenders. Until recently, it was unclear whether this requirement applied to juvenile offenders. A Michigan court recently issued a ruling expressly stating that it does, rejecting the assertion that it constitutes cruel and unusual punishment. If you are accused…
Pursuant to the Fourth Amendment, people cannot be unreasonably searched or detained by the police. This means, among other things, that in most instances, the police must possess a warrant in order to search a person or their home. Additionally, there must be probable cause for issuing a warrant; if…