It is generally understood that the prosecution must establish a criminal defendant’s guilt beyond a reasonable doubt to obtain a conviction. In determining whether a person violated the terms of supervised release, however, the prosecution faces a lesser burden of proof. In a recent ruling, a Michigan court discussed what…
In criminal proceedings, the prosecution’s aim is to prove the defendant’s guilt beyond a reasonable doubt. Prosecutors must comply with the law, however, and if they engage in misconduct during a trial, it might constitute grounds for arguing a conviction or sentence is unlawful. Recently, a Michigan court discussed the…
In Michigan, assault crimes range in severity, and the offense a defendant is charged with depends on the circumstances surrounding the alleged attack. Many assault crimes require the State to prove the defendant’s intent at the time the offense was committed, and if it cannot, the defendant may be able…
Typically, when the police believe that someone is trafficking narcotics, they will conduct a thorough investigation, which often includes obtaining a warrant to search the individual’s home or vehicle. The police must have reasonable suspicion that a person is engaging in criminal activity to obtain a warrant, however, and if…
It is generally known that people who are charged with crimes cannot be forced to testify in their own defense. Many people are unaware, though, that although defendants cannot be compelled to defend themselves against the prosecutions’ allegations, they do have a constitutional right to present a defense, and if…
Many theft crimes involve an element of intent. In other words, in order for the State to prove the defendant’s guilt, it must show that the defendant willfully took the property of another person or entity. In a recent opinion, a Michigan court explained the evidence needed to prove a…
Historically, people convicted of some drug crimes faced harsher penalties than those convicted of others. In an effort to remedy this disparity, Congress passed a law known as the First Step Act that allowed for sentence reductions when certain factors were met. Recently, in an opinion delivered in a drug…
Generally, police officers who are investigating a crime need a warrant to search a defendant. There are exceptions, though, such as in cases in which an officer reasonably suspects that a person is committing a crime. In such instances, an investigatory stop may be justified. Recently, a Michigan court discussed…
The COVID-19 pandemic impacted most facets of society, including those individuals that are currently incarcerated. Many people in prison have a higher risk of suffering severe illness due to COVID-19 and are justifiably concerned regarding the threats posed by the virus. Some individuals may be eligible for compassionate release, but…
While gun ownership is generally lawful, people who have been convicted of felonies often lose their right to own weapons and can be charged with criminal offenses if guns are found in their possession. In many cases, though, the police will not have direct evidence of possession of a firearm…