The Sixth Amendment to the United States Constitution provides that citizens accused of crimes have an absolute right to a speedy, public, trial by an impartial jury. But this right to trial by an independant jury trial was not invented in the United States. In an article in the British…
The criminal procedure applicable to the Michigan Juvenile Criminal Courts is similar to but much different from the procedures utilized and applicable to the Michigan Adult Criminal Courts. The purpose of this article is to give a brief yet concise summary of these differences. If you are charged as an…
Note: what follows is a summary recapitulation of Michigan DUI Lawyer Mike Boyle’s CDAM presentation. Lawyers wishing to know more about how to defend an alleged SCRAM violation may wish to review these materials for more in-depth information: Secure Continuous Remote Alcohol Monitoring, or SCRAM, is an alcohol monitoring tether…
The only way to know the answer to this question would be to actually try the case in front of a Michigan Jury. One thing for certain however is that Kyle Rittenhouse would have been allowed to raise a claim of self defense had the case happened here in Michigan.…
Barone Defense Firm Partner and Senior Trial Attorney Michael J. Boyle recently was one of the guest presenters at the Criminal Defense Attorneys of Michigan (CDAM) Fall Conference at Boyne Mountain. The annual seminar was attended by hundreds of criminal defense attorneys from throughout the State of Michigan. CDAM is…
Over the years of defending “criminals” I have encountered many honest citizens who have made a simple mistake and now find themselves facing felony charges, prison time, the loss of career, and the loss of their 2nd Amendment rights, simply by making a mistake in understanding how they should transport…
Michigan drivers arrested under suspicion of intoxicated driving will have their bodily drug and alcohol levels tested by the police. When drugs including marijuana are suspected, a police officer will see if that distinct marijuana smell is present. Many OWI lawyers near me wrongly believe that DUI cases involving blood…
To complete an investigation and, ultimately, file charges for child pornography, law enforcement will almost always attempt to seize and search the electronic devices they believe could contain illegal material. The way police gain access to these devices can be an important issue in child pornography cases (called Child Sexually…
Charges for criminal sexual conduct cases, more commonly called sex crimes or sexual assault, are often based only on the memories of the complaining witness. This is especially true for sexual assault that allegedly took place when the adult victim was a child. In these sex crimes cases there is…
The United States Supreme Court has recently ruled that the community caretaker exception to the search warrant requirement does not apply to a person’s home. The name of the case is Caniglia v. Strom, and in a unanimous opinion the Court found that guns seized by the police after entering…