The Motivation to Lie – a Criminal Law Perspective I have listed below 10 different lies I have encountered in my practice as a criminal defense lawyer, with an example when necessary. Unfortunately, the oath to testify truthfully is not honored by some individuals for various reasons. It is often important…
Solicitation in Michigan can be applied to a number of offenses, more commonly including solicitation to commit murder and sex offenses including prostitution. Solicitation can be a felony of a misdemeanor depending upon the facts of the case. Felony cases involving solicitation include: Solicitation of Murder (MCL 750.157b(2)) is a life maximum…
Conspiracy is an agreement between 2 or more persons to commit a particular crime. To prove guilt beyond a reasonable doubt the prosecution must establish the conspiracy beyond a reasonable doubt. An agreement is the coming together or meeting of the minds of 2 or more people with each person intending…
Weird Criminal Law Statistics DISCLAIMER – A lawyer friend of mine shared with me the wisdom that this person learned over the years of their legal practice. The listed statistics are not scientific (and probably based upon emotion). The information does not relate to a particular Judge, Prosecutor, Police Department/officer, Probation Department/officer, Defense…
Self Defense is an effective defense to criminal charges in Michigan under the right circumstances. The Prosecution has the sole burden to prove beyond a reasonable doubt that the individual accused of a crime did not act in self defense. In Michigan, a person has the right to use force or even…
Duress in Michigan is a common-law affirmative defense that applies to situations where the crime committed avoids a greater harm. People v Lemons, 454 Mich 234, 245-246; 562 NW2d 447 (1997). “[F]or reasons of social policy, it is better that the defendant, faced with a choice of evils, choose to…
Alibi essentially is a claim made by a Defendant that he or she was somewhere else when a crime that he or she was accused of occurred. The Prosecution has the burden of proving beyond a reasonable doubt that the Defendant was actually present when the crime was committed. The…
Carrying a Concealed Weapon (CCW) is a felony in Michigan that carries a maximum punishment of 5 years in prison or a $2500 fine. If charged with Carrying a Concealed Weapon, the prosecutor must prove beyond a reasonable doubt that: 1) The Defendant knowingly carried a concealed weapon such as a…
Drug offenses in Michigan can be prosecuted by State prosecutors, cities, or in Federal Court. This blog does not address Federal drug charges. For any drug offense it is important to retain a great lawyer, such as attorney Daniel Hilf. The basic elements of the crime of possession of a controlled…
Embezzlement usually involves the theft or misappropriation of money or property from an employer or entity for which the Defendant worked, volunteered, or otherwise had a relationship with. Embezzlement can occur when a cashier pockets money from the cash register, or when a cashier purposely fails to ring up items for…