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 imply that they acted in accordance with that character during the commission of the alleged offense. As explained in a recent Michigan ruling, such evidence can be offered for other reasons, however, such as to establish intent or motive. If you are charged with a crime, it ..read more

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 there is not, any search conducted under the warrant may be unlawful, and the evidence found during the search should be suppressed. Recently, a Michigan court addressed the issue of what constitutes probable cause in a case in which the defendant appealed his convictions for weapons crimes and ot ..read more

One of the many rights the United States Constitution affords criminal defendants is the right to a trial before a jury of their peers. Parties do not have to exercise that right but can choose to be tried before a judge. The waiver of the right to a jury trial must be knowing and voluntary, however, otherwise, it may be invalid. In a recent Michigan ruling issued in an assault case, the court discussed what constitutes a voluntary waiver of the right to a jury trial. If you are charged with assault or any other crime, it is smart to talk to a Michigan criminal defense attorney about your righ ..read more

When a person is charged of violating a Michigan criminal statute, the prosecution must prove their guilt beyond a reasonable doubt in order to obtain a conviction. If the evidence the state offers at trial is insufficient to sustain a conviction, but a defendant is nonetheless found guilty, they may have grounds for filing an appeal. Recently, a Michigan court discussed what evidence is sufficient to convict a defendant for assault in a case in which the defendant’s appeal was ultimately denied. If you are accused of an assault offense, it is in your best interest to meet with a Michigan crim ..read more

Many criminal offenses include an element of intent. In other words, the prosecution must show that the defendant acted knowingly or intentionally in order to obtain a conviction. When the terms of a criminal statute are vague, however, it may be unclear what evidence is necessary to obtain a conviction. The United States Supreme Court recently clarified what mens rea the prosecution must establish to convict a doctor of disbursing controlled substances in an unauthorized matter in violation of federal law. If you are charged with a drug crime or any other federal offense, it is smart to meet ..read more

Pursuant to federal law, people convicted of violent crimes face greater penalties if they use firearms during the commission of the offense. Although federal law provides a definition for violent crimes, it is not always clear what offenses fall under the definition, and the issue often arises in federal courts. Recently, the United States Supreme Court provided some clarity on the matter by expressly holding that an attempted Hobbs Act robbery does not constitute a crime of violence. If you are charged with a violent offense, it is wise to talk to a Michigan criminal defense attorney as soon ..read more

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 are relevant for sentencing purposes following an unlawful possession of a firearm conviction in a case in which the defendant argued his sentence was unreasonable. If you are charged with a weapons offense, it is wise to speak to a Michigan criminal defense lawyer to determ ..read more

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 evidence of prior bad acts is inadmissible to establish guilt, it can be introduced to show a motive, plan, or scheme, as discussed in a recent Michigan ruling. If you are faced with accusations that you committed a sex offense, it is in your best interest to confer with a Michigan crimin ..read more

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 was illustrated in a recent Michigan case in which the court affirmed a defendant’s conviction for using a computer to commit a crime based on evidence that he attempted to submit the victim’s mother to commit illicit acts against the victim. If you are charged with committing a sex cri ..read more

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 a case in which the defendant appealed his murder conviction. If you are charged with murder or any other serious offense, you should confer with a Michigan criminal defense attorney as soon as possible to assess what evidence the state may use against you. The Facts of the Case ..read more