The recent enactment of the First Step Act has allowed many inmates to receive reduced sentences. As the courts continue to navigate the parameters of the Act, they are clarifying the guidelines for determining who is eligible for a sentence reduction. This was illustrated in a recent Michigan case, in…
Federal law typically precludes people convicted of felonies from possessing guns. The courts have some leeway about sentencing people convicted of the offense of being a felon in possession of a firearm, but in many cases, they issue substantial sentences. Recently, a Michigan court issued a ruling explaining what factors…
In Michigan, it is unlawful to engage in sexual activity with a person who is unable to consent. In attempting to prove a person engaged in criminal sexual conduct, the prosecution will typically rely on circumstantial evidence, which may include proof that the person previously engaged in similar acts. While…
The Michigan legislature takes great measures to protect children from physical or sexual abuse and staunchly prosecutes people involved in sex crimes against children. For example, under Michigan law, a person may be convicted of a sex crime even if they have no physical interaction with the minor victim. This…
In criminal matters, there is certain evidence the state cannot use to demonstrate a defendant’s guilt. For example, hearsay is generally precluded from use at trial. There are exceptions, though, that allow hearsay evidence to come in. Recently, a Michigan court explained the exceptions to the rule against hearsay in…
When the Michigan courts sentence criminal defendants, they will typically rely on numerous factors, like sentencing guidelines and offense variables (OV), to determine what they deem an appropriate penalty. Courts are not immune to errors, though, and if they incorrectly apply the guidelines or calculate the OV improperly, it may…
The recent passage of the First Step Act (the Act) modified the law with regard to the release of federal prisoners for considerate reasons. Following the rise of COVID-19, many people incarcerated in federal prisons have sought release under the Act. As demonstrated in a recent ruling issued by a…
Michigan drivers are occasionally pulled over on suspicion of drunk driving after a worried citizen calls the police. The legality of these stops is often called into question. Further, whether the evidence obtained via such stops is admissible or is adequate to obtain a DUI conviction varies depending on the…
Criminal convictions can result in lifelong harm to a person’s rights, reputation, job prospects, and relationships. In some instances, the impact of a youthful mistake in judgment can last a lifetime. Thanks to a new law in Michigan, however, some people under a certain age may be able to avoid…
In many instances in which a person is accused of committing a sex crime, they will be charged with multiple counts. As such, they may be convicted of numerous crimes, each of which carries their own sentence. Under Michigan law, there are sentencing guidelines that dictate what penalties are appropriate…