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…
Articles Posted in Felony Offenses
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…
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…
Jury Nullification is Consistent with the Concept of Limited Government
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…
What to Expect as your Case Moves Through the Michigan Juvenile Criminal Court
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…
Would Kyle Rittenhouse Have Been Acquitted in Michigan?
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.…
Research Shows that False Memories in Sex Crimes Cases Can Lead to Wrongful Convictions
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…
What is a Psychosexual Evaluation and How is it Used in Michigan Sex Crimes Cases?
A psychosexual evaluation (PSE) is a psychological assessment administered by a licensed psychologist that collects information about one’s biographical and sexual history. In addition to the clinical interview, the therapist will also administer several related psychometric tests, and based on both, will provide an opinion relative to the propensity one…
How Long Can I Be Held on a Federal Complaint and Warrant?
Once you have been arrested on a Federal Complaint and Warrant, the government must hold a preliminary exam with 14-21 days unless you consent, and good cause is shown. Otherwise, the rules require that you be released. However, you can only be held on a complaint. You cannot be prosecuted…
Repeat Drunk Drivers Can Avoid Mandatory Minimum Jail Sentences Under New Michigan Law
A package of new laws allows some of Michigan’s repeat drunk drivers to possibly avoid mandatory minimum jail sentences. As a result of these changes, mandatory minimum sentences have been modified or removed from Michigan’s drunk driving statute, and this means that Judges may now sentence a drunk driver to…