DUI defendants have many rights that extend from the moment an investigation begins till well after they are convicted. For example, if a person convicted of a DUI crime believes the sentence imposed for the offense is improper, they may raise habeas claims, essentially asking the court to determine if…
Ann Arbor Criminal Defense Blog
Michigan Court Discusses Special Conditions of Supervised Release
The federal courts of the United States will often sentence people convicted of serious crimes to imprisonment followed by supervised release. The courts are permitted to impose special conditions to the terms of such release as well, as long as the conditions fall within certain parameters. Recently, a Michigan court…
Michigan Court Explains Factors Weighed in a Request for Compassionate Release
Drug crimes typically carry significant penalties, and people convicted of such offenses may be sentenced to decades in prison. In some instances, though, a person serving a significant sentence for a drug crime may be able to argue for compassionate release. Demonstrating that such relief is warranted can be difficult,…
Court Explains Claims of Self-Defense in Michigan Assault Cases
In Michigan, it is generally unlawful for someone to attack or threaten to harm another individual. In some instances, however, the use of force may be justified. For example, if people accused of assault crimes can demonstrate that their actions were necessary for their own protection or the protection of…
Michigan Court Discusses Deviations from Sentencing Guidelines
In Michigan, there are sentencing guidelines that direct the courts as to the appropriate penalties for criminal convictions. While generally, the courts sentence offenders within the statutory parameters, they have the discretion to deviate from them in some instances. Their liberties are not boundless, though, and if they depart from…
Michigan Court Discusses Impeaching a Witness in a Criminal Trial
In Michigan, assault crimes range from misdemeanors to felonies, and the severity of a charge depends on numerous factors. For example, a person that brandishes a weapon during an attack may be accused of a felonious assault. In many instances, the circumstances surrounding an altercation are disputed, and the State…
Michigan Court Bars the Use of Other Acts Evidence in a Criminal Case
In attempting to establish a defendant’s guilt, the State will frequently try to introduce evidence of a scheme or motive. There are restrictions as to what is admissible, however. For example, in most instances, the State cannot introduce evidence of other crimes to show a defendant’s guilt. This was demonstrated…
Court Explains Assessing the Validity of Plea Waivers Under Michigan Law
In many criminal cases, it makes sense for the defendant to enter into a plea agreement in exchange for a reduced sentence or lesser charges. Any plea agreement must be entered into knowingly and voluntarily, and if it is not, a defendant may have grounds to file an appeal. The…
Michigan Court Discusses a Criminal Defendant’s Right to Testify at Trial
Home invasion is a serious charge that can result in a lengthy jail sentence. Establishing guilt in a home invasion case requires the prosecution to show that the defendant entered another person’s home without permission. Thus, if the defendant can establish that he or she had consent prior to entering,…
Court Discusses Evidence of Guilt in a Michigan Assault Case
In many assault cases, the prosecution relies on testimony from the victim and any witnesses to the incident to establish the defendants’ guilt. Thus, if they testify that the defendant was not the person who committed the alleged offense, it may be challenging for the prosecution to prove its case.…