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Articles Posted in Criminal Evidence

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In Michigan Allegations of Criminal Sexual Conduct Often Come in the Context of Divorce

Love is Blind. Justice is Blind. But here is what we SEE in Divorce and the Criminal Justice System. The Criminal Defense Attorneys near me at the Barone Defense Firm focus their practice on specific and complex criminal defense cases, like those involving allegations of criminal sexual activity and abuse.…

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Forensic Interviewing in a Michigan Sex Crimes Case Involving a Child

In cases involving allegations of child abuse or physical or sexual assault against a minor will involve a process known as a Forensic Interview.  In some cases, a law enforcement officer or investigator will be trained in this method but in the majority of cases the minor will be brought…

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Have You Been Falsely Accused of a Sex Crime in Michigan?

If you have been falsely charged with a sex offense, then it is helpful to understand the role of law enforcement. The same is true of the prosecuting attorney and criminal defense lawyer. All sexual offenses operate with the same laws and rules. This is true for any degree of…

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Drivers with Marijuana in their System are Less Likely to Cause Accidents than Drivers with a .05 BAC

A new comprehensive study on the effects of marijuana use and driving has demonstrated that the use of marijuana has far less impact on driving than does the use of alcohol. Despite the fact that the emerging science suggests that drivers can use marijuana and operate their vehicles safely, the…

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High BAC Superdrunk OWI and Child Endangerment on the Rise in Michigan

The number of High BAC Superdrunk OWI and Child Endangerment Cases are on the rise in Michigan. This is due to a variety of factors, including an increase in binge drinking among college educated, divorced or separated males, pandemic isolation and school closures. One recent study published in Science News[i]…

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Avoiding Sexting, CSAM and Child Porn Criminal Charges in Michigan

Sexting my seem innocent enough when between consenting adults, but when under age people are involved you may find yourself charged with a sex offense which could lead to years in prison. Offenses involving child pornography in the State of Michigan are aggressively prosecuted requiring an equally aggressive criminal defense.…

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What Does Michigan Law Say About Jury Nullification?

The black letter law in Michigan suggests that juries have the power but not the right to exercise jury nullification.[i] Nevertheless, the practice of law is all shades of gray, and the arguments made by lawyers are often in the penumbras of black letter law. For example, some Michigan cases…

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Why Aren’t Juries Informed of Their Right to Nullification?

In the United States juries are not informed by the judge of their right to nullification because the case law addressing jury nullification remains oblique. It is therefore commonly said that in the United States juries are empaneled to resolve issues of fact, but when it comes to nullification, juries…

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What is the History of Jury Nullification?

In the United States, we obtained much of our initial original jurisprudence from England. This “precedence” is called the common law. Because the English common law had such an impact on the development of our law it makes perfect sense that the English common law tradition of jury nullification directly…

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Why Would a Jury Choose to Nullify the Law?

As previously explained, jury nullification occurs when a jury fails to follow the instructions of the court and instead returns a verdict contrary to those instructions. UN Appeals judge and constitutional law expert Geoffrey Robertson suggests that an independent jury can disregard the strict letter of the law set forth…

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