Articles Posted in Criminal Evidence

Your Michigan defense lawyer may ask you to obtain a character letter for court purposes.  This article explains how to format and write such a letter. You can share a link to this article with those you ask to write such letters. While there are many suggestions here, what’s missing is a sample character letter or a form character letter.  This is because utilization of a form will cause all character letters to look substantially the same, and this defeats the whole purpose and is counter-productive.  Use of such forms is strictly discouraged.

Call (248) 306-9158 and speak with a Michigan criminal defense lawyer during your free consultaton.
Also, for many people, being involved in the Michigan criminal justice system is a new experience, so let’s start with some basics and a discussion of how such letters might be used by your criminal lawyer near me in Michigan.

Character Letters for Use During Plea Negotiations

Michigan domestric violence lawyer Patrick Barone explains the possibility of jail time.Michigan’s criminal charges involving child pornography are rigorously enforced and harshly punished. For this reason, avoiding jail time on a child pornography (or, Child Sexually Abusive Material (CSAM), in Michigan) case can be extremely difficult.

This is true whether the case involves possession, distribution or production of material that includes a child engaging in a sex act of some kind. If you want to avoid jail time for a CSAM charge, then it is important to hire an experienced CSAM child pornography lawyer.

Michigan’s Law Regarding CSAM are Complex

Hiring the Right Criminal Lawyer and the Right to Have an Attorney Represent You. When a client retains a criminal lawyer, that criminal defense law advocate acts as the accused person’s investigator, guide, protector, and confidant when negotiating the frightening journey through a criminal law case. The American criminal justice system is one of the fairest in the world but still has many imperfections.

Criminal defence lawyers in Canada and England have the most similar criminal justice systems. This similarity is understandable since the USA and Canada both patterned most of their criminal laws after Great Britain.

Only a small percentage of criminal defense lawyers are part of a private practice criminal law firm. The heaviest load for handling criminal law cases is found in the public defender system. So, more than 3 of every 4 accused citizens facing criminal prosecution (felony or misdemeanor) will have a court-appointed legal advocate to defend her or him.

The Michigan legal consent age. 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.

Consent age in Michigan: Sex laws. In Michigan, the legal age of consent for sexual activity is 16 years old. If an individual is 15 years old or younger, that younger person is not able to legally consent to sexual activity. For teenagers, there is what is sometimes called a “close in age exemption.” This is how the Michigan’s Romeo and Juliet law got its name.

Sex crimes lawyer MI Patrick Barone answers the questions, "What is the legal age of consent in Michigan?" and "What is the legal sex age?" Michigan consent laws can be hard to understand, so contact Mr. Barone for clear and accurate information so you can avoid a possible statutory rape charge.
The Michigan consent age. As codified in Michigan Complied Laws 750.520e(a), this Michigan statute says that if someone is under 16 years old and engages in sexual contact with someone four years older or less, it is not a crime. The key parts of this law are that the older participant can’t be more than four (4) years older and the word “contact.” Essentially, this means that traditional sexual intercourse (penetration) is not allowed under this law.

Michigan police cruisers all aere equipped with video cameras (dash cam) that begins recording the moment a cop decides to pull you over.
Most police agencies in Michigan use dash cams to record citizen interactions. This means that if you’ve been arrested for DUI or

Operating While Intoxicated (OWI) in Michigan, there is an excellent chance that a dash-cam video exists.

Every drunk driving arrest is different, and not every video recording is the same.  However, this arrest video may capture all the interaction you had with police, beginning with an audio of the officer’s first words to you as you were sitting in your car after being stopped. Next, the video may show you stepping out of the car and then walking to the rear and waiting for the officer to give you instructions on the field sobriety tests.  If the officer asked you to state the alphabet, count backwards, pick a number, etc., then your responses to these requests may also be captured on the audio portion of the video recording.  Also, it may be possible to determine how well you performed on the walk and turn and the one leg stand exercises.  Finally, a careful observation of the video recording will allow your attorney to determine if the officer followed his or her training regarding these tests, and particularly, if the officer properly administered the horizonal gaze nystagmus test (DUI eye test).

Legal difference between rape and sexual assault in MichiganIn Michigan all crimes involving sexual assault go by the broad term of criminal sexual conduct. These are crimes involving some degree of sexual violence.

The word “rape” does not itself appear within our criminal laws. Instead, rape is used as a generic term to refer to what happens when you have non-consensual sexual intercourse with another person, especially when either physical force or threats are used to get the other person to submit to the sex act.

Age is an important factor in Michigan sex crimes law. We discuss the concept of age of consent elsewhere.

Michigan Criminal Sexual Conduct, commonly referred to as CSC, is the unlawful sexual assault or touching or penetration of another. In Michigan, there are four separate offenses each defined by the acts of behaviors of the alleged offender.

Each level of offense is called a “degree.” Within each of these degrees are multiple variables or legal theories that the state must prove in order to support the allegation. Such variables may include the age of the victim, the relationship of the perpetrator to the victim, and whether force or coercion was used in the commission of the alleged crime.

What Must Prosecutor Prove to Establish a Criminal Sexual Conduct in the First Degree?

If you were arrested for OWI in Michigan the police may have tested either your breath or blood for the amount of alcohol. If your blood level is above the legal limit of .08 in Michigan, then you can end up losing your driver’s license and could even end up going to jail.

How to get a copy of a DUI blood test. Michigan DUI lawyer. Drunk driving blood test.
Your blood alcohol content (BAC) will be reported in a report. You can get your DUI blood test results by contacting the police department that arrested you for drunk driving. They may be unwilling or unable to provide you with the results.

If you can’t get your DUI blood test results from the police, then you’ll have to find out where the blood was tested, and contact the lab. Most chemical testing for a DUI involving alcohol or drugs or will tested by the Michigan State Police Forensic Lab in Lansing. If you were arrested for OWI in Oakland County Michigan, your blood was probably tested by the Oakland County Sheriff’s forensic lab.

What to Know About the Sex Offender Registry in Michigan

When Is SORA Registration Necessary in Michigan?

In the past, many violations that would trigger sex offender registration were prosecuted under the old Sex Offender Registration Act (SORA) even when the violation was a result of a mistake, ignorance, or unintended violations. If this has happened to you, then you’ll definitely want to hire a Michigan sex crimes attorney to help. Here is some more useful information for you to know about SORA:

How Can a Sex Crimes Lawyer Near Me Help Avoid SORA?

A top sex assault lawyer can help you avoid the Sex Offender Registration Act (SORA) in many different ways. Before we get to that, let’s first talk about SORA, particularly the newest version of SORA in Michigan.

SORA, which is also known as the sex offender registration act, applies to most forms of criminal sexual conduct. If you are facing a sex crime allegation, then you are also facing possibly being listed on SORA. This is also sometimes called sex abuse. If you are facing the kinds of allegations, indecent exposure, you will need a criminal defense attorney well versed in this complex area of law to assist you minimize or avoid the consequences.

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