Articles Posted in Criminal Evidence

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Personal Bond, Cash Bond, 10% Bond, Cash or Surety Bond—and When You Can Be Held Without Bond

If you or a loved one has been arrested in Michigan, one of the first and most urgent questions is: “Can I get out of jail, and on what terms?” That question is answered through bond, which is the legal mechanism that allows a person accused of a crime to be released while the case is pending.

Michigan courts use several different types of bond, each with different financial and legal consequences. In rare but serious situations, a court may determine that a person can be held without bond.

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Every criminal case begins the same way. The government tells a story. Sometimes that story is short, a police report describing a traffic stop, a few observations, followed by an arrest for operating while intoxicated. Sometimes it is sprawling and extraordinary, a federal superseding indictment naming a sitting head of state, Nicolás Maduro, and alleging decades-long conspiracies spanning continents, governments, and criminal organizations. The difference between the two is not as great as it seems.

The recently unsealed superseding indictment against Maduro is a useful illustration, not because of politics, and not because of the individual accused, but because it shows, in its most extreme form, how prosecutors construct narratives, and alludes to the critical importance of storytelling.

The document reads less like a tentative accusation and more like a completed moral history. It is detailed, chronological, confident, and seemingly comprehensive. Long before any evidence is tested in court, the story feels finished. None of this happened by accident. The prosecutors have crafted this story with great care because this is exactly how criminal charging documents are designed to function.

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What Are Caduceus Meetings?

If you’re a healthcare professional facing an DUI charge in Michigan, you may benefit from a specialized recovery support group designed specifically for medical professionals. Caduceus meetings are confidential 12-step support groups created exclusively for licensed healthcare providers struggling with chemical addiction and substance use disorders.

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Unlike traditional AA or NA meetings, Caduceus groups provide a safe, peer-to-peer environment where doctors, nurses, pharmacists, dentists, and other medical professionals can discuss recovery challenges unique to the healthcare field. These meetings follow the same proven 12-step format as Alcoholics Anonymous but address the specific pressures, ethical concerns, and professional considerations that healthcare workers face.

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If you’ve been charged with a crime in Michigan, you are probably wondering what will happen to you when you go to court. Understanding the the rules of criminal procedure in Michigan will help lower your anxiety and this guide is designed to give you a basic reference about what to expect after your case gets started in court.

Also covered in this comprehensive guide to criminal procedure are the steps that the case will go through before it ever gets to court. Understanding how cases begin is essential for anyone facing criminal allegations. The following information is for Michigan state cases.  For federal case procedure please see our companion article – What Are the Steps in a Federal Criminal Case?

Frequently Asked Questions About Michigan Criminal Procedure:

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If you are charged with a felony in one of Michigan’s State courts, then you have a right to a preliminary examination. This hearing will take place after your probable cause conference. This probable cause conference must take place within 14 days of the arraignment.

A preliminary examination hearing is a hearing that takes place in the district court. The judge presiding over the hearing decides whether there is enough evidence for the case to proceed to the circuit court.

The main purpose of this hearing is to determine if the prosecutor can establish that there is a reasonable belief the defendant committed the crime in question.

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discovery-in-criminal-case-scaled-e1683132062342-300x129In the United States, the discovery process in the criminal justice system is governed by federal and state laws and rules of criminal procedure. For example, Federal Rule of Criminal Procedure 16 sets out the requirements for discovery in federal criminal cases. State criminal procedure rules may vary depending on the jurisdiction.

In general, the prosecution in a felony case is required to disclose to the defense any evidence or information that is material to the case. This includes witness statements, police reports, crime scene images, forensic reports, expert witness reports, and other documents. This is known as “disclosure” or “discovery” by the prosecution. The prosecutor must also disclose exculpatory evidence.

The criminal defense attorney is also required to disclose to the prosecution any evidence or information that they plan to use at trial. This also includes witness lists, expert reports, and other documents. This is known as “reciprocal discovery” or “reciprocal disclosure” by the defense. However, attorney work product is protected and not subject to disclosure.

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badge-DOJIt can be difficult to know if you are under a federal investigation. However, if you are aware, there are several clues that you are under investigation by the Federal Government. One of them is the receipt of a target letter.

A target letter is a formal notification sent by the United States Department of Justice (DOJ) to inform an individual that they are a target of a federal criminal investigation.

The letter typically provides information about the nature of the investigation. This might include the specific crime or crimes that Government suspects you of committing.

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If you have reason to believe that you are under investigation for a crime in Michigan, it is in your best interest to seek the advice and representation of an experienced criminal defense lawyer as soon as possible.

You may feel tempted to handle the matter on your own or wait until you have been formally charged with a crime. It is important to understand that the actions you take at this early stage can have a significant impact on the outcome of your criminal case.

If you are being investigated this only means that police officers are using many investigative tools against you as they are building a case. While you may not be facing criminal charges right now, you may well soon be notified that warrant for your arrest has been issued. You are better off hiring a criminal defense attorney now to protect your rights.

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Michigan sex laws. To not run afoul of the statutory rape Michigan law, it is critical to review the Michigan “consent” laws. Every state enacts its own rape laws relating to the age at which a female can acquiesce to having sexual relations. Making the mistake of engaging in sexual intercourse can make that older person a sex offender

Michigan age laws. In various aspects of our lives, the Legislative branch of government has enacted laws that are meant to protect young people. An example of this is for laws controlling when teenagers can marry in the Great Lakes State, as well as when they can consume alcoholic beverages.

Michigan statutory rape laws. In Michigan, the statutory rape law is denominated “third degree sexual conduct.” Any person under age 16 cannot consent to have sex. Thus, the burden is on the other person to positively determine a sex participant’s actual age.

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Jury nullification in Michigan can and does happen, which is when a jury judges the law instead of determining if a defendant is guilty of breraking that law.
Jury nullification occurs when a Michigan jury returns a verdict that is contrary to the law given them by the Judge. In a criminal case, jury nullification occurs when the jury, while believing the accused to be guilty, nevertheless return a verdict of not guilty.

In Michigan criminal defense cases, jury nullification can be both a fascinating and controversial topic. Many people are surprised to learn that a jury can essentially reject the law as it’s written if they feel applying it would result in an unjust outcome. This doesn’t happen often, but when it does, it can be a powerful reminder that our justice system includes a human element. Jurors are instructed to follow the law, but they also bring their own values and perspectives into the courtroom. For people facing serious charges like OWI or other criminal offenses in Michigan, understanding how a jury might respond to the facts—and the law—is an important part of legal strategy.

Usually this happens when the jurors either don’t like the MI criminal law in question or don’t believe that the criminal law is being appropriately applied. When a jury does this they are thought to “judge” the law.

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