Perjury in Michigan is treated as a serious offense because it attacks the integrity of the judicial system. Without question persons have been falsely convicted and imprisoned on the basis of lies and deceit, and providing an effective deterrent to such behavior is necessary. However, perjury charges sometimes come about as retaliation…
There are several types of criminal charge and sentence agreements in the State of Michigan: A Cobbs agreement is a practice in Michigan criminal law Courts, based upon the case of People v Cobbs, 443 Mich 276 (1993), which allows a Judge to make an agreement with a Defendant concerning…
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…