Allegations in Michigan involving child neglect and child abuse cases can involve the prosecutor’s office or the attorney general’s office depending upon the jurisdiction. The allegations can be handled criminally, in family court, outside of court by child protective services, or a combination of any of these options. Criminal Cases…
The following blog contains general information, that should not be relied upon in substitution for the advice and the representation of a criminal defense lawyer familiar with the facts and circumstances of your particular case. The law is subject to modification based upon the development of legal precedent, and changes…
(Aug 13, 2011 ) I intentionally omitted the names of the different persons involved in the following true story, and withheld certain details, in order to maintain the privacy of my client. As a young lawyer I received a Court assignment from Judge Alice Gilbert, which was reassigned to a conservative,…
I intentionally omitted the names of the different persons involved in the following true story, and withheld certain details, in order to maintain the privacy of my client. The newspapers and television carried the story prominently – A janitor accused of raping a handicapped victim in her assisted living…
Many persons convicted of operating while impaired (OWI), or operating under the influence are sentenced to a Victim Impact Panel. I am often asked what is a Victim Impact Panel by clients. Victim Impact Panels are presentations that occur throughout the United States, which are sponsored by MADD (Mothers Against…
An individual charged with a criminal offense has the right to a jury trial under the United States and Michigan Constitutions. This is one of our most important rights as citizens, because the reason and common sense of members of the community – the power of the people (and not…
This blog gives general instructions as to how to compute sentencing guidelines for felony cases (and high court misdemeanors with a maximum punishment of over 1 year) in Michigan. Sentence guidelines do not apply to most misdemeanor offenses in Michigan. Be careful in calculating the guidelines – Michigan case law, statutory law, the facts…
How a Defendant presents himself or herself in Court at sentencing can influence the ultimate decision of the Court. A Defendant has a right to speak at Court before sentencing occurs, which sometimes ends up being to the detriment of the Defendant. This blog contains suggestions that may help a…
Restitution in Michigan is a victim’s Constitutional right and mandatory. It cannot be excluded through a plea bargain or sentencing agreement. It is only awarded if the Defendant is convicted of a criminal allegation related to his or her conduct that gave rise to the restitution. Restitution even survives the death…
When an individual is placed on probation in Michigan, there is a determination made by the probation department and/or the sentencing Court as to type of supervision that a probationer receives. A failure to comply with supervision, and the terms of probation, subjects the probationer to a violation of probation.…