The Defendant’s Arrest and Trial

It is reported that the suspect was charged with his third offense of domestic violence. The prosecutor introduced a statement provided by the defendant’s son during a preliminary investigation of another domestic abuse case involving the defendant into evidence during the trial. The defendant was found guilty and sentenced to a jail term ranging from thirteen to fifteen years. He appealed, claiming that the trial court erred by admitting his son’s statement into evidence, on the grounds that it violated his fundamental right to confront a witness against him.

The Right to Confront Witnesses

The court clarified on appeal that unless there is a misuse of discretion, a trial court’s decision that evidence should be admitted should not be overturned. A court commits an error of law or abuses its discretion when it makes a decision that is beyond the realm of just and fair outcomes.

Former testimony provided by a witness at another hearing is admissible at criminal trials under Michigan Rules of Evidence in certain instances, as an exception to the law against hearsay. The witness in question must be unavailable, and the defendant must have had a chance and similar motive to establish the witness’ testimony in a previous proceeding by direct, cross, or redirect questioning.

The court explained that the state and federal constitutions’ Confrontation Clauses grant criminal suspects the ability to challenge witnesses against them. It went on to say that statements are considered testimonial if their primary aim is to establish or show past actions that may be applicable to future criminal prosecution. It also stated that the use of preliminary examination evidence would not breach a criminal defendant’s right to confront prosecution witnesses.

The court explained that evidence from a prior preliminary examination is admissible because defense counsel had the opportunity to refine the testimony through cross-examination. Thus, the Confrontation Clause is upheld if a witness’s prior statement is admitted because it demonstrates ample evidence of authenticity. As a result, the court upheld the decision of the lower court.

Speak with a Skillful Criminal Defense Attorney in Michigan

Domestic abuse allegations can be damaging to a person’s reputation, and those accused of such crimes have the right to confront their accusers in most cases. If you’ve been charged with assault or any other domestic violence crime, you should consult with an attorney to learn about your legal options. Ellen Michaels of Ellen K. Michaels and Associates PLLC is a skillful Michigan criminal defense lawyer who can advise you of your rights and help you to seek a successful outcome. You can reach Ms. Michaels to schedule a meeting through the online form or by calling 248-202-3345.

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The Accusations Against the Defendant

Allegedly, the defendants were accused of stealing from an Indian gaming establishment and assisting in the commission of such theft in violation of federal law. The defendants and the prosecutors reached an agreement in which they decided that all but one of the elements of the alleged crimes had been met. As a result, at trial, the prosecution solely needed to demonstrate that the defendants deprived an Indian gaming establishment of funds, property, or money. The case eventually went to a jury trial, where the court determined that the prosecution had proved the defendants’ guilt beyond a reasonable doubt.

Evidence of Guilt in Theft Cases

Under federal law, anyone who takes and carries away, or intentionally misapplies, property or money valued at $1,000 or less that belongs to an Indian tribe’s licensed or controlled may be fined or imprisoned under the applicable statute. As a result, the government must prove beyond a reasonable doubt that the defendants willfully stole or misapplied property or money belonging to an Indian gaming establishment with the intent to steal in order to convict them of theft from an Indian gaming establishment.

Furthermore, anybody who helps or abets the commission of an offense against the United States is prosecuted as a principal under federal law. To convict a party of assisting in the commission of a robbery from an Indian gaming establishment, the prosecutor must first prove that the actual crime was committed and that the defendant knowingly assisted in the commission of the crime.

The basic elements of the crimes were not in doubt in the case at hand; rather, the only question before the court was whether the assets that were supposedly stolen belonged to the Indian tribe. The government had to demonstrate that the tribe had possession of, jurisdiction over, or title to the property in question in order to prove ownership.

The defendants in the case allegedly took free play credits that were offered to other casino customers, which they said did not belong to the casino. The court disagreed, finding that the casino retained power over the credits even after they were given to the players. As a result, the defendants were found guilty as charged.

Discuss Your Charges with an Assertive Criminal Defense Lawyer in Michigan

Despite the fact that misdemeanor offenses are not as severe as felonies, they can nevertheless result in serious consequences. If you have been charged with a misdemeanor, it is prudent to meet with an attorney to determine your options. Ellen Michaels of Ellen K. Michaels and Associates PLLC is an assertive Michigan criminal defense lawyer who will work diligently to help you seek a fair outcome. You can reach Ms. Michaels to schedule a meeting through the online form or by calling 248-202-3345.

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The Facts of the Case

It is alleged that the police stopped the defendant at a gas station for carrying a concealed weapon without a warrant. An officer apparently noticed the pistol in the defendant’s waistband, as the handle protruding from his pants. The officer inquired whether the defendant had a permit to carry the weapon, to which the defendant replied that he did not. After the officer seized the pistol and arrested the suspect, he found heroin in the defendant’s possession as well.

Reportedly, the defendant was charged with multiple weapons offenses as well as heroin possession. He filed a motion to bar the prosecution from using the evidence obtained during his arrest against him at trial, claiming that it was obtained through an unlawful search and seizure. He further asserted that the gun was not hidden but was carried openly in compliance with the State’s open carry rule. The defendant’s motion was granted, and the State appealed.

Unreasonable Search and Seizure Protections Under the Constitution

The State claimed on appeal that the defendant’s rights were not violated by the investigatory search. The court agreed and overturned the lower court’s decision. According to the court, a seizure or search performed without a warrant is presumed to be unreasonable and therefore unlawful. However, there are exceptions to the warrant rule, one of which is the Terry stop, also known as an investigatory stop.

Pursuant to the Terry rule, an officer may detain a party if the officer has an articulable, rational belief that the person either has committed or is about to commit a crime. Furthermore, under the Terry rule, an officer may approach and detain a person for the purpose of investigating alleged criminal activity, even though there is no probable cause to arrest them. The extent of the search and seizure must be limited to what is required to validate or disprove the officer’s suspicions as quickly as possible.

In the case at hand, based on the totality of the circumstances, the court determined that the officers were justified in approaching the defendant and asking him about the gun. As a result, it overturned the trial court’s decision.

Consult a Knowledgeable Criminal Defense Attorney in Michigan

Drug offenses carry significant penalties, but in many cases, there are multiple defenses that people accused of drug crimes can raise. If you’ve been charged with a drug offense, it is in your best interest to consult an attorney about your options. Ellen Michaels of Ellen K. Michaels and Associates PLLC is a skillful Michigan criminal defense lawyer who can assist you by devising a plan that will give you a strong chance of a favorable outcome. You can reach Ms. Michaels to schedule a meeting through the online form or by calling 248-202-3345.

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Benefits of Expungement

Essentially, expungement removes evidence of a person’s conviction from the public record. While the State will retain such records following an expungement, they will not be accessible by the general population and will typically only be accessed if the person is charged with a subsequent crime.

Generally, expungement permits people to move forward as if they were never convicted. In other words, they can lawfully and truthfully answer “no” if asked if they have been convicted of a crime in certain instances, like when they are applying for jobs or housing. Typically, convictions that were expunged will not show up on a background check either.

While expunging a record has many benefits, doing so can be confusing and arduous to people unfamiliar with the process. Thus, it is prudent for anyone who wants to obtain an expungement to hire an attorney to ensure that it is done quickly and correctly.

Recent and Upcoming Changes to Michigan’s Expungement Laws

Recent changes to Michigan’s law modified the expungement process. Specifically, beginning in February 2022, certain people convicted of first-time operating while impaired (OWI) offenses can seek expungement. Under the prior law, such convictions could not be expunged. Additionally, beginning in April 2023, a system that automatically expunges convictions for certain offenses will be implemented. The automated system will allow up to four misdemeanors to be expunged automatically seven years after sentencing. It will also expunge up to two felony convictions, either ten years after a person is sentenced or released from State custody.

The new expungement law also allows people convicted of one or more local ordinance or misdemeanor marijuana offenses to apply for expungement if they were convicted due to activity that would not have been illegal after December 6, 2018, which is when the recreational use of marijuana became lawful in Michigan.

Meet with an Experienced Michigan Criminal Defense Attorney

A criminal conviction can inhibit a person’s ability to lead a normal life, but many people can erase their public criminal records via expungement and move forward as if they were never convicted. If you are interested in obtaining an expungement, it is in your best interest to meet with an attorney to discuss your options. Ellen Michaels of Ellen K. Michaels and Associates, PLLC is an experienced Michigan criminal defense lawyer who can advise you of your rights and help you to seek the best legal outcome available under the facts surrounding your conviction. You can set up an appointment with Attorney Michaels to discuss whether you may be eligible for expungement by calling 248-202-3345 or using the online form.

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Arrest and Trial of the Defendant

It is alleged that following a fight with two women, the defendant was charged with multiple assault offenses. The defendant acknowledged that he had a disagreement with the alleged victims, but claimed that they conspired to make false accusations against him. The first woman, on the other hand, said the defendant tried to stab her, pointed a gun at her, and scratched her face, while the second woman claimed the defendant threw her to the ground and attacked her with a knife. The defendant was found guilty as charged by a jury. He filed an appeal, claiming, among other things, that the trial court infringed on his constitutional right to present a defense by barring evidence about other acts.

Defendant’s Rights in Criminal Matters

The appellate court dismissed the defendant’s appeal after reviewing the facts. The court clarified that a defendant must raise the question of whether a trial court’s evidentiary decision deprived him of the right to present a defense at the trial level, in order to preserve the issue for appeal. In the case at hand, the defendant neglected to argue at trial that the testimony in question was admissible under Michigan Rules of Evidence or that his right to present a defense was violated because it was not admitted.

As a result, the appellate court’s next step was to determine if there was a clear mistake that affected the defendant’s rights. To show a plain error that merits reversal, the court explained that the defendant must show that an obvious error occurred and that it impaired his substantive rights. Normally, this requires evidence that the mistake changed the outcome of the trial court proceedings. Even if a defendant meets these criteria, reversal is only necessary if the error resulted in the conviction of an innocent person. The appellate court found that defendant failed to show that reversal was warranted in the case at hand. As a result, his conviction was upheld.

Meet with a Seasoned Criminal Defense Attorney in Michigan

A person’s rights can be severely harmed by an assault conviction, but there are numerous protections that a person charged with assault can employ to escape a guilty verdict. If you’ve been charged with assault, it is smart to talk to a lawyer about your options. Ellen Michaels of Ellen K. Michaels and Associates PLLC is an experienced Michigan criminal defense attorney who is well-versed in what it takes to obtain a just outcome, and if you retain her services, she will work tirelessly on your behalf. You can contact her by filling out the online form or calling 248-202-3345 to schedule a meeting.

The post Court Discusses the Right to Offer a Defense in Michigan Criminal Trials appeared first on Ellen K. Michaels Criminal Defense Blog.

For example, Ellen K. Michaels of Ellen K. Michaels and Associates, PLLC, recently fought for the dismissal of federal drug smuggling charges against a Canadian trucker where there was no evidence that he knew he was transporting marijuana. Ultimately, Ms. Michaels’ efforts were successful, and the charges were dismissed. If you are accused of committing a drug crime, it is in your best interest to meet with an experienced Michigan criminal defense attorney as soon as possible.

The Government’s Allegations

It is reported that a Canadian trucker was recently stopped and arrested in Detroit after an inspection by Customs and Border Protection revealed there were seven pallets of marijuana in his trailer. Subsequently, federal agents seized more than 2,000 pounds of highly potent marijuana, which has an estimated street value of $3.6 million. The trucker was charged with possession with intent to distribute, a crime that could result in a mandatory minimum prison sentence of five years.

Allegedly, the affidavit against the trucker noted that the quantity of drugs seized was consistent with large-scale smuggling and distribution activities. Further, it stated that the trucker’s arrest was part of a greater drug trend, as parties routinely smuggle Canadian grown marijuana into the United States via commercial trucks and distribute it throughout the northwestern and southeastern parts of the country, where potent marijuana is difficult to obtain.

The Defense Offered by Attorney Michaels

Attorney Michaels, who represented the trucker, argued the charges should be dropped as there was no evidence the trucker knew that the cargo he was transporting was illicit. She collected evidence that supported her position, which persuaded the federal government to drop the charges, and the trucker was released after spending 16 days in jail.

Specifically, Attorney Michaels gathered the paperwork relating to the transaction, which showed that the trucker was hired to transport coil springs after drug dealers hacked into the trucking company’s computers and created a fake order. The shipper loaded the cargo and sealed the truck, requiring the trucker to remain in the cab during the process. Thus, there was no reason for him to believe he was transporting marijuana, not coils. As the charged offense requires proof that the trucker intended to deliver illicit substances, Attorney Michaels clearly demonstrated that the prosecution could not meet its burden of proof should the case proceed to trial. As such, the government dismissed the charges.

Speak to a Trusted Michigan Criminal Defense Attorney

A conviction for a federal drug charge can result in significant penalties, but if the prosecution cannot demonstrate each element of the charged offense, it should not be able to obtain a guilty verdict. If you are accused of drug trafficking, it is smart to speak to an attorney about your rights. Ellen Michaels of Ellen K. Michaels and Associates, PLLC is a trusted Michigan criminal defense lawyer who can gather the evidence needed to provide you with a strong chance of a favorable outcome. You can schedule a conference with Ms. Michaels by calling 248-202-3345 or using the online form.

The post Attorney Michaels Obtains Dismissal of Drug Charges Against a Canadian Trucker appeared first on Ellen K. Michaels Criminal Defense Blog.

The History of the Case

Allegedly, the police were investigating the disappearance of the defendant’s co-worker, who, according to eyewitness reports, was last seen with the defendant. The police then obtained a warrant to search the defendant’s apartment and conducted an analysis that indicated the presence of DNA on the defendant’s carpet.

It is reported that the State then charged the defendant with the first-degree murder of the co-worker. Prior to trial, the prosecution moved to admit evidence that the defendant had previously strangled and attempted to rape another woman. The defense objected to the admission of other acts evidence, arguing the prosecution sought to introduce it to wrongfully demonstrate the defendant’s propensity to commit crimes. The trial court ruled in favor of the defense, and the prosecution appealed.

Admissibility of Other Acts Evidence in Criminal Cases

On appeal, the prosecution argued the defendant’s prior assault was strikingly similar to the charged offense, and therefore evidence of the assault should be admitted to establish, among other things, the defendant’s motive, intent, and common scheme, plan, or system. The appellate court disagreed.  Pursuant to the Michigan Rules of Evidence, evidence of other wrongs, crimes, or acts cannot be admitted to prove a propensity to commit such acts. It may be introduced, however, for other reasons, such as proving a motive, intent, opportunity, or a plan or scheme, when such other behavior occurs prior or subsequent to or contemporaneously with the conduct at issue.

The courts conduct a three-part test to determine if other acts evidence should be admitted. First, they analyze whether the evidence is being offered for a proper purpose, then they assess whether the evidence is relevant, and finally, they determine whether the probative value of the evidence outweighs the risk of prejudice. If the court finds other acts evidence should be admitted, it may provide a limiting instruction to the jury. In the subject case, despite the fact that the prosecution offered numerous different theories of admissibility, it failed to prove the other acts evidence was admissible for any valid purpose. Thus, the appellate court upheld the trial court ruling.

Meet with a Capable Michigan Criminal Defense Attorney

While it is the prosecution’s duty to try to demonstrate a defendant’s guilt, it cannot rely on unsuitable evidence to meet its burden of proof. If you are charged with a serious crime such as murder, it is critical to meet with an attorney to evaluate your potential defenses. Ellen Michaels of Ellen K. Michaels and Associates, PLLC is a capable Michigan criminal defense lawyer with the skills and experience needed to obtain favorable outcomes, and if you hire her, she will advocate zealously on your behalf. To set up a conference with Ms. Michaels, you can call 248-202-3345 or use the form online.

The post Attorney Michaels Wins a Fight Against the Admission of Other Acts Evidence appeared first on Ellen K. Michaels Criminal Defense Blog.

The Defendant’s Arrest

It is alleged that the police received a search warrant for the defendant’s home and car based on suspicions that he was trafficking drugs. The State charged the defendant with various drug and firearms offenses following the investigation. The defendant then filed a motion to remove the evidence gathered via the search warrant, claiming that it was too broad and lacked sufficient evidence to create probable cause. The motion was granted, and the charges against the defendant were dropped. The State then filed an appeal, claiming that the trial court used the wrong criterion in deciding if the warrant should be issued.

The post Michigan Court Explains Adequate Grounds for Granting a Warrant appeared first on Ellen K. Michaels Criminal Defense Blog.

the officer arresting you besides your name and birth date? The police officers may attempt to bully or intimidate you into giving them more information. Always remain calm and never resist the police. Being difficult with the police will only escalate the situation and will not benefit you in any way. Even though you feel scared and powerless, try your best to keep a clear mind.

The Miranda Rights are several fundamental rights everyone has immediately after being arrested by the police.

The Miranda Rights are:

You have the right to remain silent while being interrogated by the arresting officer.

You can refuse to answer any of the questions that the arresting officer asks you.

Anything you say to the police officer can beused against you as evidence in a court of law

You have the right to consult an attorney before speaking to the police and if you cannot afford a lawyer, the government will provide a lawyer for you.

A very common mistake people make once they are arrested is that they feel panicked and tell the police officer incriminating information. One of the smartest choices you can make immediately after being arrested is to call for a lawyer and not say anything to the arresting police officer before the lawyer arrives. Consulting with a lawyer will ensure that your rights are not being violated. Lawyers are experts with helping people immediately after they are arrested by the police. Defense attorneys always deal with clients right after they are arrested and will work effortlessly to ensure there were no legal flaws involving your arrest.

Finding a good criminal defense lawyer to represent you after you are arrested can be very difficult. The first step you should take when looking for a lawyer is making sure that the lawyer is in a similar geographical location to you. Call a trusted friend or family member that may know a good lawyer to represent you. Also, you may simply type in “criminal defense lawyers near me” on google which will show you hundreds of lawyers that are close to you. Make sure to choose one that has predominantly positive reviews from a multitude of previous clients. Reviews from prior clients that were arrested and went through the whole legal process with the lawyer is a valuable tool to use when exploring potential options for choosing someone to represent you. Don’t panic, immediately after being arrested and call the first name of a defense lawyer that pops up on google. Make sure to pick a criminal attorney that has the best interests of you in mind and that has a lot of prior experience dealing with former clients that were arrested.

Ellen K. Michaels and Associates PLLC, is a criminal defense law firm in Michigan focused on defending your rights and protecting your freedom. We have over 25 years of experience defending clients who have been accused of all types of crimes in Michigan, including drug charges, gun charges, violent crimes and sex crimes.  You can reach the attorney now at 248-202-3345.

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