History of the Case

It is reported that the defendant was charged with possession of a firearm as a convicted felon. He entered a guilty plea, after which he was convicted and sentenced. During his sentencing hearing, he was deemed a career offender under the ACCA due to a prior conviction for third-degree home invasion. He appealed, arguing that his prior offense was not a violent felony as defined by the ACCA, and therefore, his sentence was improper.

Violent Felonies Under the ACCA

On appeal, the court affirmed the trial court ruling. In so doing, it explained that under the meaning, as defined by the ACCA, a conviction will be considered a violent felony if the statutory elements are either more narrow or the same as those of the generic violent felony offense. In order to conduct this assessment, which is referred to as the categorical approach, the court must only assess the statutory language. In other words, it must ignore the actual facts that led to the defendant being charged with the underlying offense.

The court elaborated that in order for a defendant to show that a prior conviction under a state statute was not a violent felony as defined by the ACCA, they must demonstrate a realistic probability that the state would apply the statute in question to behavior that falls outside of the generic definition of the crime.

In the subject case, the court ultimately found that the defendant failed to demonstrate that Michigan’s third-degree home invasion law touched on conduct that fell outside of the generic burglary offense, as he was required to do to show that it was not a violent felony under the ACCA. As such, the court affirmed the trial court ruling.

Talk to an Experienced Michigan Criminal Defense Attorney

A conviction for a violent crime may not only result in a lengthy prison sentence, but it may also impact how a person is punished for future crimes. If you are charged with a felony, it is important to talk to an attorney about your options for protecting your rights. Sam Bernstein of ArborYpsi Law is an experienced Michigan criminal defense lawyer who can assess the circumstances surrounding your arrest and help you to seek the best outcome possible under the facts of your case. You can contact Mr. Bernstein through the form online or by calling (734) 883-9584 to set up a conference.

The Facts of the Case

It is reported that when the defendant was 16, he was a resident at a juvenile detention facility. The victim, another resident, was engaged in an oral sex act with another resident when the defendant grabbed her buttocks and shoved her head down during the act. The victim reported that while the oral sex act was consensual the defendant’s behavior was not. The defendant was charged with numerous offenses, including third-degree criminal sexual conduction, which was a Tier-III offense that required registration as a sex offender.

Allegedly, the defendant asked to be exempt from the sex offender registration requirement and the court granted his request. The state appealed, and the trial court ruling was reversed. The defendant then appealed to the Michigan Supreme Court, which ruled that the registration requirement constituted punishment but declined to rule on the defendant’s case. The case was remanded back to the intermediate appellate to determine whether the requirement constituted cruel or unusual punishment.

The Sex Offender Registration Requirement in Juvenile Cases

Under Michigan law, cruel or unusual punishment is prohibited, which is broader than the protections offered by the United States Constitution, which bars cruel and unusual punishment. Whether a punishment is cruel or unusual is evaluated by a three-part test that considers the severity of the penalty imposed and the seriousness of the offense, a comparison to the penalties for other crimes under Michigan law, and a comparison of the punishment for the offense under Michigan law and other states.

In the subject case, the court rejected the defendant’s argument that the registration requirement was disproportionate to the offense and that the requirement imposed a grossly disproportionate penalty in consideration of other crimes in Michigan and similar crimes in other states. Based on the foregoing, the court found that the requirement that the defendant register as a sex offender was not unusual or cruel punishment. As such, the ruling exempting him from the requirement was reversed.

Talk to an Experienced Michigan Criminal Defense Attorney

A conviction for a sex crime can irreparably alter a person’s life, and may carry a lifelong requirement to register as a sex offender. If you are charged with a sex offense, it is prudent to talk to an attorney about your options for protecting your interests. Sam Bernstein of ArborYpsi Law is an experienced Michigan criminal defense lawyer who can develop compelling arguments on your behalf to provide you with a strong chance of obtaining a favorable outcome. You can contact Mr. Bernstein through the form online or by calling (734) 883-9584 to set up a conference.

The Facts of the Case

It is reported that the defendant was charged with multiple crimes following a shooting death. The case proceeded to trial, and during a recess, a juror came into contact with the victim’s child’s mother in the hallway. The trial court subsequently removed the woman and all spectators from the courtroom and ordered them not to return for the remainder of the trial. The jury convicted the defendant of multiple felonies. He then appealed and moved to remand the matter for an evidentiary hearing, arguing in part that his Sixth Amendment right to a public trial had been violated.

It is reported that the intermediate appellate court granted his motion. Following the evidentiary hearing, he filed a motion for a new trial which was denied on the grounds that the courtroom was not locked, it was merely cleared, and that even if it was closed, he waived the right to a public trial by failing to object. He then appealed to the Michigan Supreme Court.

The Constitutional Right to a Speedy Trial

The Michigan Supreme Court reversed the intermediate appellate court’s ruling and remanded the matter for a new trial. The Supreme Court explained that the trial court’s closure of the courtroom for almost the entire trial due to an isolated and benign interaction between a juror and an observer comprised a clear error. Further, as the deprivation of the defendant’s constitutional right to a public trial was a structural error, it affected the defendant’s rights as a matter of course.

The court then explained that as a structural error, the denial of the defendant’s constitutional right to a public trial presumptively impacted the defendant’s substantive rights, as it significantly affected the public reputation, fairness, and integrity of the trial. As such, it met the plain error standard’s requirements for reversal. As neither the evidence of record nor the prosecution rebutted the presumption, the court found that a reversal of the intermediate court’s ruling was warranted, and it remanded the matter for a new trial.

Confer with an Experienced Michigan Criminal Defense Attorney

Constitutional rights do not end merely because a person is accused of a crime, and if the state violates a criminal defendant’s rights during a trial, it may be grounds for reversing their conviction. If you are charged with a criminal offense, it is prudent to meet with an attorney as soon as possible. Sam Bernstein of ArborYpsi Law is an experienced Michigan criminal defense attorney who takes pride in helping people fight to protect their liberties, and if you hire him, he will work tirelessly on your behalf. You can reach Mr. Bernstein via the form online or by calling (734) 883-9584 to set up a conference.

Factual and Procedural History of the Case

Allegedly, the defendant was convicted by a jury of numerous weapons offenses and assault with intent to commit murder. The trial court deemed him a third-offense habitual offender and sentenced him to concurrent prison terms of 30 to 60 years, 15 to thirty years, and 34 months to 10 years for his respective crimes. He subsequently appealed, arguing in part that police seized evidence from his home without showing him a warrant in violation of his Fourth Amendment rights. The state court denied his appeal, and he subsequently filed a petition for a writ of habeas corpus in the district court.

Requirements for Seeking a Writ of Habeas Corpus

After a criminal defendant files a petition for writ of habeas corpus, the court must undertake a preliminary review to evaluate whether it is clear from the face of the petition, including any attached exhibits, that the defendant is not entitled to relief in the district court. If the court finds the petitioner is not in fact entitled to relief, it must dismiss the petition.

The court explained that a party filing a federal habeas corpus petition must exhaust their state court remedies prior to filing the petition. In order to properly exhaust their remedies, they must fairly present each claim to the state court. This includes, among other things, a requirement that the petitioner presents the issue to both the state court of appeals and the state supreme court.

In other words, fair presentation requires that the state courts are given the opportunity to review both the legal and factual grounds for each claim. If a petition contains both unexhausted and exhausted claims, it is referred to as a mixed petition and will typically be subject to dismissal on exhaustion grounds. In the subject case, the defendant’s petition expressly stated that it included unexhausted claims. Thus, the court denied the petition while preserving the defendant’s right to refile in the future.

Speak to Trusted Michigan Criminal Defense Attorney

Simply because a person is convicted of a crime does not mean that they have no recourse for protecting their liberties and reputation. If you have questions regarding your rights as a criminal defendant, it is smart to speak to an attorney. Sam Bernstein of ArborYpsi Law is a trusted Michigan criminal defense lawyer with the skills and experience needed to help you seek a favorable outcome. You can contact Mr. Bernstein through the form online or by calling (734) 883-9584 to set up a meeting.

History of the Case

It is reported that the state charged the defendant with four counts of making misleading or false statements to a police officer during the course of a criminal investigation. Specifically, the defendant, who was the President of a University, was questioned about her knowledge of sexual misconduct allegations against a sports medicine doctor at the school. The police alleged that she falsely claimed she did not know the identity of the doctor during a Title IX investigation in 2014 or the nature and substance of the investigation. The defendant filed a motion to quash bind over. The Circuit Court granted the motion, quashing the bind over of the defendant and dismissing the case. The state appealed.

Proving a Person Made False Statements to Law Enforcement

On appeal, the appellate court held that the state lacked sufficient evidence to show that the statements the defendant made to law enforcement were misleading or affirmatively false. The court elaborated the information was inadequate to allow an ordinarily prudent person to hold a reasonable belief that the defendant made a misleading or false statement, and therefore, there was no probable cause.

Further, the appellate court held that the state failed to demonstrate that the allegedly misleading or false statements made by the defendant were material. A false statement will be deemed material, for the purposes of the statute barring people from willfully and knowingly making false statements to a police officer about a material fact in a criminal investigation, if the person knows that the statement is false or is misleading and they are aware that it has a natural tendency to influence or is capable of influencing the decision making body.

Here, the appellate court found that the prosecution failed to establish the statements in question were material. Thus, it affirmed the trial court ruling.

Talk to a Capable Michigan Criminal Defense Attorney

People generally have an obligation to be truthful and candid during the course of criminal investigations, and if they are not, they may face serious repercussions. If you are being investigated for a crime or were recently charged with a criminal offense, it is in your best interest to talk to an attorney. Sam Bernstein of ArborYpsi Law is a capable Michigan criminal defense lawyer with the skills and experience needed to help you fight to protect your rights. You can contact Mr. Bernstein through the form online or by calling (734) 883-9584 to set up a meeting.

The Defendant’s Allegations

It is alleged that in 2018, the defendant was convicted of multiple drug offenses and sentenced to 180 months in imprisonment in a federal penitentiary. In June 2020, she filed a motion for compassionate relief under the Act. In support of her motion, she argued that her obesity, history of heart surgery, and hypertension increased her risk of becoming severely ill or dying if she contracted COVID-19. The court ultimately denied her motion.

Compassionate Release Under the First Step Act

The Act modified the law relating to the compassionate release of federal prisoners, and in doing so allowed federal district courts to consider motions by incarcerated people asking for a reduction in their sentences. Under the Act, the courts must engage in a three-step test before granting a motion for compassionate release. First, they must find that compelling and extraordinary reasons exist that warrant a reduction in the sentence in question. Second, the court must make sure that the reduction aligns with applicable policy statements issued by the Sentencing Commission. Finally, the court must weigh all the relevant sentencing factors.

If the court meets all of these requirements, it can choose to grant a motion for compassionate release but can decline to grant such relief. Compelling and extraordinary reasons are not limited to those set forth in the applicable statute, and the courts have the discretion to determine whether the specific circumstances warrant a compassionate release. The courts have held, however, that a generalized fear of contracting COVID-19, without more, is not a compelling and extraordinary reason for granting compassionate release. Further, the court found that the defendant’s arguments were not persuasive because she had been offered but refused a COVID-19 vaccine. Based on the foregoing, the court declined to grant the defendant’s motion for compassionate release, as she failed to demonstrate it was warranted.

Meet with a Trusted Michigan Criminal Defense Attorney

The law allows people sentenced to imprisonment in federal penitentiaries to seek release in certain situations, but such relief is only granted in extraordinary circumstances. If you were charged with a federal offense, it is advisable to contact an attorney to determine your options for protecting your rights. Sam Bernstein of ArborYpsi Law is a trusted Michigan criminal defense lawyer who takes pride in helping criminal defendants fight for favorable outcomes, and if he represents you, he will advocate zealously on your behalf. You can reach Mr. Bernstein through the form online or by calling (734) 883-9584 to set up a conference.

The Facts of the Case

It is reported that the prisoner filed a habeas corpus petition in which he challenged his plea-based assault and weapons offense convictions. In part, he asserted that the state trial court committed an abuse of discretion when it denied his motion to withdraw his plea of no contest. The court ordered the state to file a response to the prisoner’s petition, but before the state responded, the prisoner moved for a stay of proceedings and to have his petition in abeyance so that he could exhaust his state remedies with regard to four other claims.

Grounds for Granting a Stay and Abeyance

The court ultimately found that a stay was appropriate and granted the prisoner’s motion. The court explained that the doctrine of exhaustion of state remedies requires that state prisoners allow the state courts to respond to their claims before they present the claims to a federal court via a habeas corpus petition. This obligation is satisfied if the prisoner invokes a complete round of the state’s process if appellate review, which includes a request for a discretionary review if that is part of the typically appellate procedure in the state.

To adequately exhaust their claims, prisoners must present the legal and factual basis for each claim to a state court of appeals and state supreme court before raising such claims in a habeas corpus petition. Here, the court found that as the petitioner was still pursuing his state remedies, a stay was appropriate.

Meet with a Skilled Michigan Criminal Defense Attorney

Criminal defendants have numerous rights that arise at the time of the initial investigation and continue until well after they are convicted. If you are charged with the crime and have questions about your rights or potential defenses, you should meet with an attorney as soon as possible. Sam Bernstein of ArborYpsi Law is a skilled Michigan criminal defense lawyer, and if you engage his services, he will set forth persuasive arguments on your behalf to provide you with a strong chance of a successful outcome. You can reach Mr. Bernstein through the form online or by calling (734) 883-9584 to set up a meeting.

History of the Case

It is reported that the defendant was charged with being a felon in possession of a firearm, in violation of federal law. He had an extensive history of criminal convictions, including felony convictions for assault and delivery and possession of drugs. He pleaded guilty to the firearms charge and was sentenced to 46 months in prison. He began serving his sentence in January 2019. The defendant filed two motions for compassionate release. He withdrew the first, and the second was denied. He then filed a third motion for compassionate release, which was also denied.

Grounds for Compassionate Release

Pursuant to the First Step Act, a district court can consider motions filed by incarcerated defendants asking for reductions in their sentences. In determining whether to grant a compassionate release motion, a court has to engage in a three-part analysis. First, it must find that compelling and extraordinary reasons warrant a reduced sentence. The court must then ensure that the reduction complies with the applicable policy statements issued by the sentencing commission. Finally, the court must weigh all relevant statutory sentencing factors. If the court finds that each requirement is met, it may reduce a prison sentence but is not required to do so.

In the subject case, the court found that the defendant had not demonstrated a compelling and extraordinary reason to justify a sentence modification and that the sentencing factors did not weigh in favor of a reduction. Specifically, the court noted that generalized fear of contracting COVID-19, in and of itself, is not a compelling reason to grant an individual compassionate release. The court explained that the defendant did not demonstrate that he suffered from any medical conditions that created a greater risk that he would suffer severe illness were he to contract the coronavirus. Further, the court found that even if he had shown there was a persuasive reason for a reduced sentence, a modification was nonetheless not warranted in light of the sentencing factors. As such, the court denied his motion.

Consult an Experienced Criminal Defense Lawyer in Michigan

People with prior felony convictions are often prohibited from possessing guns, and face weapons charges if they are caught with firearms. If you are accused of committing a gun crime, it is smart to consult a lawyer regarding your potential defenses. Sam Bernstein of ArborYpsi Law is an experienced Michigan criminal defense attorney with the skills and resources needed to help you pursue a successful outcome. Mr. Bernstein can be reached through the online form or by calling (734) 883-9584 to set up a meeting.

The Defendant’s Alleged Acts

It is reported that the police were dispatched to the home of the victim due to reports of domestic abuse. When they arrived, they found the defendant inside the victim’s home with her children. He refused to vacate the home and spilled lighter fluid throughout the residence. Police followed the defendant to the second floor of the home, where he reported he had gasoline and he was going to torch the house.

Allegedly he kept asking the officers for a lighter or lit cigarette. At one point, though, he stated he was not going to set a fire. The defendant was charged with multiple crimes, including intent to commit arson. He was convicted, after which he appealed, arguing that the prosecution lacked adequate evidence to support his conviction.

Establishing Criminal Intent Under Michigan Law

As it can be difficult to prove a defendant’s state of mind on matters like intent and knowledge, minimal circumstantial evidence is sufficient to demonstrate a defendant’s mental state, which can be inferred from the sum of the evidence presented. Under Michigan law, a person who distributes an inflammable liquid in or near a building with the intent to commit arson is guilty of a crime.

In the subject case, the trial court, acting as factfinder, found that the defendant possessed the requisite intent due to the fact that he expressly stated he would torch the home and repeatedly asked for a lighter. In other words, the court found that if the defendant had the means, he would have burned down the home. The court rejected the defendant’s reasoning that the fact that he did not possess the immediate means to actually burn down the home meant he could not be found guilty for intent to commit arson. As the court explained, a person may have the intent to commit a crime before actually committing it. As such, his conviction was affirmed.

Consult With a Criminal Defense Lawyer About Your Charges

A conviction for intent to commit arson or any other felony offense can carry serious consequences, and if you are charged with such a crime, it is crucial to speak to a lawyer to determine your possible defenses. Sam Bernstein of ArborYpsi Law is a seasoned Michigan criminal defense attorney, who can advise you of your rights and help you to seek the best outcome possible given the facts of your case. You can contact him via the online form or at (734) 883-9584 to schedule a free consultation.

Many people are unaware that these orders are enforceable by the police and that failure to comply can result in criminal charges. If you have questions concerning the order and how it may apply to you or have been charged with a violation, an Ann Arbor criminal defense lawyer can help you navigate these issues.

What the Emergency Orders Require

The orders essentially do two things:

• Limit the size of gatherings both indoors and outdoors
• Mandate the wearing of face masks by all people attending a gathering

Generally speaking, indoor gatherings are limited to 10 people, while outdoor gatherings are limited to 25. However, there are some variations and exceptions depending on where the gathering is taking place, such as in a residence or a business. Businesses also need to be mindful of limitations related to seating capacity and square footage.

While the order also requires people to wear masks, it also contains several exceptions. Business owners are responsible for ensuring that all patrons are wearing masks while on the premises.

What Happens if You Don’t Comply?

If you do not comply, you could potentially face criminal charges. Violation of the order is a misdemeanor charge that carries the following consequences if convicted:

• Up to six months in jail, and/or
• A fine of up to $200

Presumably, you could face numerous charges if you commit more than one violation. The order also authorizes a civil fine of up to $1,000 for each violation or each day that a violation continues.

What to Do if You Have Been Charged

Representatives from the MDHHS have said that charges are reserved only for those who have committed egregious violations or are repeat offenders. Regardless, most people cannot afford to spend any time in jail, and no one wants a criminal conviction on their record, even if it is for a misdemeanor charge. If you’re a business owner, you also have to consider the impact it may have on your reputation.

If you’ve been charged with violating the pandemic order, an experienced Ann Arbor criminal defense lawyer may be able to help you get your charges dismissed. A lawyer can also provide valuable guidance to business owners and others to help you comply with current restrictions.

Questions About Criminal Charges During the Pandemic? Contact an Ann Arbor Criminal Defense Lawyer

Ann Arbor criminal defense lawyer Sam Bernstein helps his clients avoid criminal charges and convictions by staying ahead of the legal challenges you may face. If you’ve been charged or are worried about getting charged with a crime during the pandemic, call us today at (734) 883-9584 or contact us online to schedule a free consultation.

Misdemeanors Without a Conviction

Under Michigan law, potential employers may not ask you any questions concerning a misdemeanor arrest that did not result in a conviction. As a result, employers cannot ask you any questions concerning a misdemeanor arrest if your charges were dismissed or you were acquitted.

There is one important exception – if you seek employment with a law enforcement agency, they can ask you questions concerning misdemeanor arrests that did not result in a conviction.

Misdemeanor Arrests that Result in a Conviction

Unfortunately, employers can ask you about misdemeanor arrests where you were later convicted, even if you didn’t go to jail. This can include minor offenses such as disorderly conduct, reckless driving, trespassing, or vandalism.

Felony Arrests and Convictions

Michigan law also permits potential employers to ask you about felony arrests, even if they didn’t result in a conviction. You could face questions about your arrest, even if the charges were dismissed or you were acquitted. And of course, it, therefore, stands to reason that employers could ask you questions concerning any felony convictions that you may have.

You Have Rights

Thankfully, federal law prohibits employers from denying employment simply because they have a criminal conviction. They can only deny you employment if your arrest or conviction is related to the position for which you are applying. For example:

• A DUI conviction may be relevant if you are applying for a position as a delivery driver.
• A DUI conviction may not be relevant if you are applying to work as a bookkeeper.
• An arrest for child abuse would be relevant if you apply for a job that involves caring for children.
• An embezzlement conviction would be relevant if you will have access to business accounts or petty cash.

To avoid the situation entirely, you may also qualify to have your charges expunged. An Ann Arbor criminal defense attorney can help you navigate this process to clear your record.

Take Action Now if You Are Facing Charges

Charges that are dismissed or result in an acquittal are far less problematic for employment purposes. Unfortunately, people often fail to appreciate the potential repercussions related to their charges. As a result, they may accept a plea agreement or plead no contest, thinking they are doing the right thing.

You should speak with an Ann Arbor criminal defense attorney before deciding what to do about your charges. They can explain your options, evaluate your case, and help you understand the potential consequences of your charges.

Call Ann Arbor Criminal Defense Attorney Sam Bernstein for Help

Don’t let your charges damage your future. Whether you are facing a felony or a misdemeanor, we can help you get a fair result and minimize the damage to your future career opportunities. Contact us today at 734-883-9584 to schedule a free consultation to discuss your case.

Your Juvenile Record

It may be helpful to understand what charges may be considered by a college or other institutions. In Michigan, juvenile convictions are referred to as “adjudications.” An adjudication will include any of the following outcomes:

• You were charged with a crime, a trial was held, and you were convicted.
• You pled guilty to the charges when you were arraigned.
• You pled guilty as part of a plea agreement.
• You pled “no contest” to the charges.

If you were acquitted, it’s likely that the charges will not be considered, although there may be some exceptions.

How Your Record Can Affect Your College Admissions

Whether or not you have to disclose your juvenile record will depend on the application used by the schools to which you are applying. Over 600 colleges and universities use the Common App, which specifically asks you whether you have been convicted of a crime as a juvenile. Even if your schools don’t use the Common App, their specific application may ask the same question.

The data seems to suggest that most juvenile offenses will not be an issue for most students, but approximately 20% of applications are denied due to the applicants’ juvenile records. As a result, there is an 80% chance that it won’t affect your admission. Still, 20% nationwide is a significant number of applicants, and being denied admission to your college of choice could have a substantial impact on your future.

What You Can Do

Michigan allows people to have their juvenile records expunged. This means that your adjudication will be erased as if it never happened. Unfortunately, the process isn’t as simple as you might hope. To have your juvenile record expunged, you must meet the following criteria:

• You must be 18 years of age or older;
• At least one year has passed since your adjudication or since you have been released from detention; and
• You have no more than three adjudications on your record, and only one is serious enough that it would have been considered a felony if you had been an adult.

The challenge for many juveniles is that they aren’t yet 18 when applying for college admission. As a result, you may want to consider consulting with an Ann Arbor criminal defense attorney once you’ve been charged to understand what is at stake and how to handle the timing.

Contact an Ann Arbor Criminal Defense Attorney to Discuss Your Options

Whether facing charges or wondering what to do about your juvenile record, Ann Arbor criminal defense attorney Sam Bernstein can help you navigate the process. Call us today at 734-883-9584 or contact us online to schedule a free consultation.

Overdoses are a tragedy, but they overshadow the legal issues that plague addicts. For many opioid users, criminal charges don’t lead to recovery – they keep them using and often lead to other crimes. If you’re facing an opioid charge, an experienced Ann Arbor criminal defense attorney can help you get a positive outcome.

Possession of Heroin or Fentanyl in Michigan

Generally speaking, the penalties you face for a drug charge is based on the type of drug and the amount. Drugs are classified on a schedule, with Schedule I drugs being considered the most dangerous, and schedule 5 being the least serious. Schedule I and II narcotics carry the harshest penalties.

Unfortunately, heroin and fentanyl are considered Schedule I and Schedule II drugs, respectively. This means that for a simple possession charge, you face the following penalties if you are convicted:

• Up to 4 years in prison and/or a fine of $25,000 for under 50 grams
• Up to 20 years in prison and/or a fine of $250,000 for 50 to 450 grams
• Up to 30 years in prison and /or a fine of $500,000 for 450 to 1,000 grams
• Up to life in prison and/or a fine of $1,000,000 for 1,000 grams or more

Most opioid users possess less than 50 grams at any given time, meaning that you could face up to 4 years in prison as a result of having a minimal amount of heroin or fentanyl.

If you are charged with heroin or fentanyl possession, it’s important to remember that you aren’t automatically guilty. An Ann Arbor criminal defense attorney can provide you with an aggressive defense and help you avoid conviction.

You May Have Options

There are various options to avoid conviction and enter a diversionary treatment program in the state of Michigan. Unfortunately, Washtenaw County only offers a drug treatment court to juveniles at this time. If your child has been charged with a drug crime, drug treatment court may allow them to get the treatment they need while avoiding the criminal justice system’s harsh consequences. If you are an adult, you may still have access to alternatives – an Ann Arbor drug lawyer can help you understand your options.

Contact an Ann Arbor Criminal Defense Attorney if You’ve Been Charged with Possession of Heroin or Opioids

At ArborYpsi Law, we fully believe that every person deserves their day in court. If you’re facing drug charges related to opioids, Ann Arbor criminal defense lawyer Sam Bernstein will fight for your rights and help you get a fair result. Call us today at 734-883-9584 to schedule a free consultation to learn more about your case and how we can help.

Some of the Charges You Can Face in Michigan

There is a wide variety of sex crimes you can be charged with as a result of using the internet on your computer or smartphone:

• Solicitation of a minor
• Indecent exposure
• Child pornography
• Solicitation of a prostitute
• Lewd behavior

All of these are crimes independent of the internet, but the internet makes it easier to find yourself facing these charges. Nothing is what it seems on the internet – people lie about their age and their intentions all of the time. Child pornography can be hidden among other files. Regardless of the situation, you can be charged with a sex crime even if you had no intention of doing anything illegal.

The Prosecutor Must Prove Intent

For almost any sex crime, online or not, the prosecution must prove the element of intent. In other words, they must prove that you knowingly intended to commit the crime. For example, if you have been charged with online solicitation of a minor, they must prove that you requested someone under the age of 18 to engage in sexual conduct.

Prosecutors will try to persuade you that their case is ironclad. Fortunately, this is not often the case. Our Ann Arbor criminal defense attorney will be able to evaluate the evidence against you to determine whether the prosecution can actually prove the element of intent.

Watch Out for Entrapment

Many sex crime charges are the product of police entrapment. They may set up a fake website, create a fake profile, or engage in other tactics described as “sting operations” intended to catch criminals. Law enforcement officers may pose as someone else and entice you to behave in a certain way or say certain things. Ultimately, they use these tactics to gather evidence and support a sex crime charge, using your own words and actions to build a case against you.

Generally speaking, entrapment occurs when the police use coercion to persuade you to commit a crime. However, they have to do more than simply provide the opportunity to commit a crime. An experienced Ann Arbor criminal defense attorney can review your case and determine whether entrapment would be a viable defense.

Facing Charges in Michigan? Contact Ann Arbor Criminal Defense Attorney Sam Bernstein

At ArborYpsi Law, we know how overwhelming it can be if you’ve been charged with a sex crime. Your entire life hangs in the balance. That’s why we provide aggressive legal representation with complete dedication to fighting for your rights. Call us at 734-883-9584 or send us an email to schedule a free consultation to discuss your case.

The Difference Between Assault and Battery

Assault and battery are named together so often that people think they are a single crime. This is not the case – assault and battery are actually to separate charges. The principal difference between assault and battery is as follows:

• Assault is defined as the attempt to cause physical harm to another person, including threats of violence. This could include actions such as brandishing a weapon or making verbal threats. The victim merely has to demonstrate that they were in reasonable fear for their safety.
• Battery, on the other hand, is the actual infliction of physical harm.

When there is actual harm, assault and battery are often charged together because the battery was typically preceded by an assault.

Frustrations Boil Over

The stay at home order has likely damaged many relationships beyond repair. Long-simmering issues that were muted by the daily routines of work, school, hobbies, and exercise were dragged into the spotlight when those outlets were taken away. Whether it’s spouses, other romantic relationships, or even roommates, people found themselves suddenly forced into close proximity with each other with no healthy way to vent their frustrations. Arguments escalate, and when someone loses their temper, it can quickly result in assault and battery charges.

Baseless Allegations

Another trend we are anticipating is a wave of assault and battery charges that have no basis in reality. One person simply alleges that the other person assaulted them perhaps in retaliation for something else. If the alleged incident took place in the home, it is likely that there were no witnesses or other evidence to either support or contradict the charge. The problem is that the charge itself, even if later dismissed, can do irreparable damage to your reputation. An assault charge can be particularly easy to make in this situation. You were holding a kitchen knife while the argument spun out of control, and suddenly your partner is claiming that you threatened them with the knife and they feared for your safety. No one else was there and there is no evidence of physical harm. Even if the charge is baseless, you should immediately contact an Ann Arbor assault and battery lawyer who will aggressively defend you against the charge.

Your Custody Arrangements May Be at Risk

Another consequence of the lockdown is an increase in domestic violence complaints. If you are involved in a domestic violence case, you need to know that the next step is usually to revoke custody of your children. Generally speaking, the other side will argue that an assault and battery charges demonstrate that your children are in imminent danger. Obviously, this is a very serious charge and it sets in motion a complex process that can be extremely difficult for non-lawyers to navigate. Even if the issue hasn’t yet been raised, an Ann Arbor assault and battery lawyer can help you avoid it altogether or be thoroughly prepared if it does.

The Consequences You Face

Assault and battery charges can range from misdemeanors to serious felonies. Here are the potential consequences you face if convicted:

• Simple Assault or Simple Assault and Battery: A misdemeanor punishable by up to 93 days in jail, a $500 fine, or both.
• Aggravated Assault: if the victim required medical treatment, you can be charged with aggravated assault. Aggravated assault is a misdemeanor punishable by up to one year in jail, a $1,000 fine, or both.
• Felonious Assault: If a dangerous weapon was involved, you could face a felonious assault charge. As the name implies, this is a felony charge punishable by up to 4 years in state prison, a $2,000 fine, or both.

Consider the scenario discussed above: you’re in the kitchen making dinner and arguing with your spouse. You’re chopping onions with a large knife, the argument escalates, and suddenly you are facing a felony assault charge. Even if you aren’t facing a felony charge, no one can afford to spend time in jail. Protect yourself and your reputation by contacting an experienced Ann Arbor assault and battery lawyer before things go too far.

Potential Defenses

Many clients feel like their case is hopeless – maybe they have prior criminal convictions, or maybe the “optics” of the incident is not in their favor. Nevertheless, you have rights, and the charges must be proven beyond a reasonable doubt. Here are some of the defenses that commonly arise in assault and battery cases:

• Insufficient evidence: this can be a particularly strong defense in cases where the assault occurred at home and there are no witnesses.
• Self-defense: You have the right to defend yourself if you believe that you are in danger of imminent harm.
• Accident: you can be charged with assault and battery even if the injury was an accident. If you can prove that you had no intent to threaten or cause harm, then you may be able to avoid conviction.
• False accusations: As mentioned above, false accusations are more common than you think. Many alleged victims see them as a way to retaliate for some other perceived wrong. An experienced assault and battery attorney can help you defeat the charge and may be able to help you bring a case against your accuser for making a false report to the police.

Call an Ann Arbor Assault and Battery Lawyer Today

At ArborYpsi Law, we’re prepared to meet the fallout from the pandemic head-on. If you’re facing assault and battery charges, attorney Sam Bernstein has the knowledge, experience, and skills that you need to get a fair result. Call us today at (734) 883-9584 or contact us online to schedule a free consultation to discuss your case.

Understanding the Charges You May Be Facing

Many people are shocked when they are charged with child abuse because they don’t realize how easily an allegation can lead to charges. This is because people don’t understand the laws that protect our children. Under Michigan law, there are four degrees of child abuse charges:

• First-degree child abuse: Knowingly or intentionally causing serious physical or mental harm to a child.
• Second-degree child abuse:

(1) Causing serious physical or mental harm by way of omission.

(2) Recklessly causing serious physical or mental harm.

• Third-degree child abuse:

(1) Knowingly or intentionally causing physical harm to a child.

(2) Intentionally committing an act that poses an unreasonable risk of harm or injury to a child and results in physical harm to the child.

• Fourth-degree child abuse:

(1) Causing physical harm to a child by omission or through a reckless act.

(2) Intentionally committing an act that poses an unreasonable risk of harm or injury to a child regardless of whether it results in physical harm to a child.

Child Abuse Charges Do Not Require Intent…or Harm

Reviewing the degrees of child abuse above, it is important to give careful consideration to the element of intent. First, understand that you can be charged with child abuse even if you did not intend to commit abuse. The term “omission” basically refers to neglect and can result in a second or fourth-degree child abuse charge. In other words, you can be accused of neglecting your child even though you had no intention of doing so.

Second, you can be charged with child abuse as a result of an action or behavior that someone else considers “reckless,” which would apply in situations where you did not intend to cause any harm. In fact, you can be charged with fourth-degree child abuse even if your “reckless” actions did not actually result in harm.

The Consequences of Conviction Are Severe

Here are the potential penalties you face if convicted of child abuse or neglect:

1. First degree: a felony charge that carries a potential life sentence.
2. Second degree: first offenses are punishable by up to 10 years in prison, subsequent offenses up to 20 years.
3. Third degree: up to 2 years in prison.
4. Fourth degree: a misdemeanor punishable by up to a year in jail.

In addition to imprisonment, keep in mind that a conviction for child abuse could have a devastating effect upon your reputation and result in considerable embarrassment.

Contact an Ann Arbor Domestic Violence Attorney at ArborYpsi Law

There is no good time to deal with a child abuse or neglect charge, but the challenges are even greater as a result of the pandemic. The good news is that you don’t have to face your charges alone. To schedule a free consultation, contact us at 734-883-9584 to discuss your case and how we can help.

Facing a domestic abuse charge during this time may seem overwhelming. Fortunately, you do not have to face these charges alone – an experienced Ann Arbor domestic violence lawyer can help.

COVID-19: A Toxic Environment Fueling Domestic Violence Charges

People are unable to go to work, children are unable to go to school, and they are required to stay home. Activities are canceled and public gatherings are not allowed. One of the few options to relieve the stress and boredom is to go outside for a walk.

The increase in domestic violence is likely the result of relationships that were deteriorating before the pandemic occurred. People lash out at their spouses or family members, leading to domestic violence charges. Here are some of the reasons that we believe are leading to an increase in domestic violence charges:

• Job losses and financial worries
• Pre-existing relationship issues
• Difficulties in honoring existing custody arrangements
• Boredom, loneliness, depression

These stresses and negative feelings can lead to friction in any relationship, but especially in one that is already tumultuous.

You’ve Been Charged with Domestic Violence But That Doesn’t Mean You Are Guilty

In the context of the coronavirus pandemic, we believe that many of these domestic violence charges are exaggerations of what actually happened or are completely baseless. Jealousy, frustration, and a feeling of helplessness can cause family members to lash out at others unjustifiably. Here are some of the reasons someone might make a false domestic violence charge:

• Out of retaliation for some perceived wrong
• To gain an advantage in a custody dispute
• To accelerate divorce proceedings
• To force you from your home

What to Do if You’ve Been Charged with Domestic Violence

It is quite common to feel overwhelmed, angry, sad, or some combination of all three if you’ve been charged with domestic violence. However, the days surrounding your charge are critical, and your next steps are very important. If you’ve been charged with domestic violence, here are the steps you need to take:

• • Remain calm and focused. These charges could change your life forever. Lashing out or acting on impulse could make your situation worse.
  • Cooperate with the authorities. If you’ve been charged with domestic violence, it is likely that you have been served with a restraining order (referred to as a “personal protection order” in Michigan). Abide by the terms of the order to the letter and follow the instructions of the officer who served it on you.

• Contact a lawyer. The legal process is complicated and the stakes in a domestic violence case are extraordinarily high. An Ann Arbor domestic violence lawyer can help you navigate the system, defend your rights, and protect your future.

Call an Ann Arbor Domestic Violence Lawyer Today

In addition to potential jail time and serious fines, a conviction will also result in a stigma that could haunt you for years to come. Don’t leave your future in the hands of your accuser. Contact ArborYpsi Law at 734-883-9584 to schedule a free consultation today. We can discuss your case, review your options, and help you find a way forward.

What do the Courts Look Like?

In Washtenaw County, no in-person hearings are being held. For a while when the shutdown first started, there were a few in-person hearings. ArborYpsi Law appeared for two in-person preliminary examinations (a sort of mini-trial early in a felony case). Preliminary exams have since stopped being in-person. For now, preliminary exams will to be held in-person are moved to August, and maybe further.

All ArborYpsi Law bench trials (trials heard by a judge) in Washtenaw County and in other counties to be held in-person have been moved to August. Jury trials are cancelled and postponed indefinitely. All pending ArborYpsi Law jury trials were pushed to August or simply cancelled. The August dates are simply placeholder dates until the courts know when jury trials will resume. More on that below.

For most of the first two months of the shutdown, court dockets were moving forward for defendants who were in jail pending the outcome of the case. These cases were being heard by Zoom. Defendants who were not in custody were slowly being added to Zoom dockets as courts became more familiar with the technology.

Moving Forward

Courts are trying to add more and more hearings by Zoom. I would anticipate that Washtenaw County courts will be hearing cases only by Zoom at least until July. The Michigan Supreme Court has laid out a plan to get all courts back to business. The process will be moved forward in phases.

Phase One is the first phase of re-opening. Courts cannot start phase one until the shutdown order is over. With the shutdown order going to June 12, courts cannot start phase one. Getting to Phase One means a particular court has shown it has taken certain precautionary measures for basic safety. Phase Four is completely open. Phase Four requires the Center of Disease Control declaring the pandemic to be over. Each court moves through the phases individually, not all as a group. The phases are tied to community rates of infections.

The court system has been grappling with how to keep cases moving. Courts are such vital parts of each community. Courts are where people and businesses can peacefully resolve their disputes. People charged with crimes have a constitutional interest in having their case heard efficiently

Zoomworld

Zoom is videoconferencing technology that has been made popular in the pandemic. It feels like no one had head of Zoom pre-pandemic but now Zoom is everywhere. Zoom has become the way courts are handling business. Zoom offers the advantage of keeping the courts moving. With every advantage a technology offers there are disadvantages.

Our court system is predicated on being an in-person business. Zoom technology allows us to get connected remotely but it’s a distant connection. A person who only appears only by video runs the risk of being unable to make the same impression or impact on the judge and prosecutor they may be able to with an in-person court appearance.

Navigating the Zoomworld

ArborYpsi Law is moving forward in this brave new Zoomworld to represent clients. To provide the best representation it’s important to understand the technology and use it as effectively as possible. ArborYpsi Law is committed to providing the same quality representation virtually that it did in-person.

No Jury Trials for A Long Time

A jury trial is the opposite of social distancing. During a pandemic involving an airborne virus, courts are just not going to bring a jury pool of 50 people to court for a case. At this point in time, jury trials will realistically resume once the CDC declares the pandemic over. We have no idea when this could be. If you have a case headed for jury trial, do not expect to have the case tried this summer or fall at a minimum.

There has been discussion of zoom jury trials. Zoom works well for business meetings. As for courts, Zoom works fine for pre-trials and simple plea and sentencing hearings. However, zoom does not seem to be the future of jury trials. Right now there is not much official discussion that a zoom jury trial is likely to replace the real jury trial in which lawyers argue their case standing next to the jury box.

Call AYL at 734.883.9584

Call Sam Bernstein at 734.883.9584 or e-mail at bernstein@arboryspilaw.com

Sam Bernstein is a Washtenaw County Criminal Defense Lawyer

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI

What to Do if You Are Facing Charges

First, you should remain calm. Many people who are accused of domestic violence believe that their case is hopeless and that no one will believe their side of the story. Fortunately, this is not the case – you are innocent until proven guilty, and a skilled attorney can use the facts and the law to help you craft an effective defense.

If you are under a restraining order (referred to as a “personal protection order”), you should absolutely comply with its terms. Do not have any contact with your accuser or the alleged victim, directly or indirectly. If you are being required to leave your home, do so as soon as possible. We realize that this can be more difficult than usual at this time, but find somewhere to go, even if it means staying with a friend or family member for the time being. You can make arrangements to have someone get your belongings later on.

Hire a Domestic Violence Lawyer

Lawyers are expensive, but if you are charged with domestic violence, they are a valuable investment in your future. The procedures involving restraining orders and domestic violence charges are complicated and confusing for non-lawyers. A simple misstep or honest mistake can jeopardize your case, leaving you with a criminal conviction and subject to severe restrictions on your personal freedom. A knowledgeable Ann Arbor domestic violence lawyer can help you successfully avoid the procedural pitfalls as well as build the best possible defense.

The Penalties You May Face

Depending on the circumstances surrounding your case, domestic violence can be charged as a misdemeanor or a penalty. As a result, there is a wide variety of penalties you could face if you are convicted.

Most domestic violence charges are misdemeanors which carry the following penalties:

• First offense: Up to 93 days in jail and a fine of up to $500
• Second offense: Up to 1 year in jail and a fine of $1,000

However, if this is your third offense, you will face a felony domestic violence charge. If you are convicted, you could go to prison for up to 5 years and be subject to fines of up to $5,000.

You could face felony charges in the following situations:

• Assault with a dangerous weapon: up to 4 years in prison
• Assault with the intent to commit serious bodily harm: up to 10 years in prison
• Assault by strangulation or suffocation: up to 10 years in prison

Don’t Face Your Charges Alone – Call an Ann Arbor Domestic Violence Lawyer

A domestic violence conviction can change your life forever. In addition to jail and fines, you will carry the stigma of your conviction for years to come. If you’ve been charged with domestic violence, you need someone on your side who will fight for a fair outcome. Contact an Ann Arbor domestic violence lawyer to discuss your case – contact ArborYpsi Law at 734-883-9584 to schedule a free consultation today.

Social distancing presents problems for many courtroom procedures. Most court proceedings now are by Zoom. The most celebrated courtroom procedure of all – the jury trial – would seem impossible to complete with social distancing.

What Will Happen to Jury Trials in the Pandemic?

The Supreme Court announced that there will be no jury trial in the state of Michigan until at least June 22, 2020. Wayne County went further in delaying all jury trials until August 17, 2020. Wayne County, of course, an Detroit in particular, has been hard by the Coronavirus. The Court’s announcement came just before Governor Whitmer extended the shutdown order until May 15.

It is unlikely jury trials will instantly resume on June 22. At least that’s the way it seems at this point in time. June 22 seems like a placeholder date for courts to use and evaluate where things stand.

Jury Trial Pandemic Problems

A jury pool is called into court. There might be 50 people put in one large room. They’re all sitting on benches right next to each other. A group of jurors sits the jury box, an enclosed place where each person sits about a foot or so away from the other. The jury box is like the viewing gallery for the trial. During breaks, the jury walks together to a backroom, the jury room. The jury will then be in that room during breaks or during deliberations. This is all the opposite of social distancing. A jury trial is seemingly impossible to conduct with social distancing.

Pilot Projects

The Supreme Court’s Order also contains instructions for courts to work proactively to see if jury trials might be possible in a different form than we’re used to. The Order says, “The Supreme Court Administrative Office is authorized to initiate pilot projects regarding practices related to how to conduct remote jury trials. The pilot courts will test and evaluate innovative jury procedures to allow for appropriate social distancing while also protecting the parties’ Constitutional and statutory rights.”

This is scary. First, the order implies that we’re not going back to jury trials on June 22. Why else would there be a pilot project to test remote jury trials. Second, this means jury trials will look a lot different than they do now.

Likely, this means doing a jury trial by zoom (better hope your screen doesn’t freeze up). I think most criminal defense attorneys will say “no way” to a remote jury trial. The reasons are so lengthy they could fill a separate article. No attorney wants to be the guinea pig for that experiment.

Contact us at 734.883.9584

Call Sam Bernstein at 734-883-9584 or e-mail at bernstein@arborypsilaw.com.

Sam Bernstein is a Criminal Defense Attorney in Ann Arbor.

ArborYpsi Law is located at 570 S Maple, Ann Arbor, MI 48103.

Read More AYL Articles

• What is Domestic Violence?
• How Has the Coronavirus Affected the Legal World?
• Governor Issues Order to to Stop Spread of Coronavirus in Michigan Jails and Prisons