Articles Posted in Criminal Procedure

When dealing with legal matters in Michigan, it’s crucial to understand the distinction between bail and bond. These terms often arise when individuals seek temporary release from jail while awaiting trial. Although frequently used interchangeably, bail and bond have separate meanings and implications within Michigan’s legal system. Understanding how bail and bond function under Michigan law can help individuals better manage the legal process. In Michigan, bond and bail are mechanisms for releasing individuals accused or charged with a crime before their trial. Bond involves providing financial assurance on the defendant’s behalf to guarantee their appearance in court, while bail...

Know that it’s very easy for a judge who is handling 50 cases per day to give you 90 days in jail instead of 30 days in jail. They won’t necessarily think twice about it, and they’re numb to the whole situation. They do it every day. Often, a good attorney can present the client in the best possible light. He can know that judge and know what to say and present to the judge. He can know how to coach the client to appear as well as possible to the specific judge to receive a potential of less jail...

Recently, a state appellate court issued an opinion in a Michigan resisting arrest case in which the defendant claimed his conviction could not stand because he was lawfully resisting a police officer’s illegal seizure. Ultimately, the court agreed with the defendant, and reversed his conviction. The Facts of the Case According to the court’s opinion, police officers received a phone call reporting a man with a gun in a trailer park. Upon the officers’ arrival, the trailer park manager explained several people were in one of the trailers who did not live in the park. One of the men, the...

Given the contagious nature of COVID-19, courts across the country are wrestling with how to carry out criminal trials without unnecessarily exposing everyone involved to the virus. Last month, a state appellate court issued a written opinion in a Michigan sexual assault case discussing an issue that will almost certainly have long-lasting implications in the post-COVICD-19 world. The case required the court to determine whether a defendant’s state and federal right to confront his witnesses was violated when the trial court allowed a key witness to testify over video. The Facts of the Case According to the court’s opinion, the...