What is the difference between probable cause and reasonable suspicion?
Many people, including lawyers, do not draw a clear distinction between probable cause and reasonable suspicion. This article explains the differences between the two standards granting the police the authority to stop, detain and search an individual.
Any analysis of a search and seizure must begin with the Fourth Amendment. Both the Michigan and the United States constitutions protect citizens from unreasonable searches and seizures. US Const, Am IV; Const 1963, art 1, § 11. The key word is “unreasonable” searches and seizures. The constitutions do not forbid searches and seizures, only unreasonable ones. Text of Fourth Amendment
If you have found it difficult to obtain new employment or a professional license because of a criminal conviction, you should consider a motion to expunge your criminal record. Most potential employers, schools, or licensing boards will disqualify you from an opportunity because of a felony or misdemeanor conviction. Michigan’s criminal expungement statute provides you the legal basis to clear your criminal history of a conviction that can cause you to miss great opportunities in life.
If you lost your Michigan driver’s license appeal at the Secretary of State hearing office, you may be able to appeal your driver’s license denial to the circuit court. Many times people choose to represent themselves at the hearing and make mistakes that could have been easily avoided. Moreover, your license denial may be the result of hiring a lawyer that does not specialize in license appeals. This article explains how to appeal your driver’s license denial to circuit court.
When you find out a Michigan warrant has been issued for your arrest, anxiety and nervousness begin to set in. You do not want to be arrested at your place of work. Most certainly you do not want to get arrested during a traffic stop with your children in the car. A warrant will force you to look over your shoulder. This article explains what you should do to clear your Michigan arrest warrant.
A Michigan arrest warrant can be issued for misdemeanors and felonies. In fact, an arrest warrant can be issued for many reasons. These reasons could include a failure to appear in court, failure to pay fines and costs, probation violations and new charges.
The process of finding and hiring the best criminal lawyer for an appeal or to defend you against criminal charges can be a complicated process. The choice is critical when your life or freedom is on the line.
When the criminal lawyer takes a client’s case it comes with great responsibility. The client puts his or her future and possibly freedom in the hands of the lawyer. This article explains what you should consider before you hire the best criminal lawyer for you.
This article, written by a Michigan appeal lawyer, explains why you should not hire your trial attorney to appeal your case. It also explains what you should look for when you hire an appeal lawyer to represent you.
The attorney who represented you at trial should not do your appeal. You must always hire another attorney to review your case. The trial attorney cannot distance himself or herself from the case because of personal involvement. Consider that the Michigan Court of Appeals was not intimately involved in your trial. The Court does not have preconceived notions about the legal issues. Everything the Court will learn about your case will come from a review of the transcripts. Your new appeal attorney should be in the same position as the Court. The new appeal lawyer has not prejudged your case or the issues. So, the Court of Appeals and the appeal lawyer will be in the same frame of mind about the issues. Both parties start the review with an “objective” look at your case. Because of your trial attorney’s personal involvement, his or her viewpoint will be subjective.
In a Michigan Driver’s License Appeal there is one key that is the most important path to winning the license restoration hearing – your sobriety.
The Administrative Rules require absolute sobriety. Please take note of the requirements of Administrative Rule 13:
“(a) The hearing officer shall not order that a license be issued to the petitioner unless the petitioner proves, by clear and convincing evidence, all of the following: (i) That the petitioner’s alcohol or substance abuse problems, if any, are under control and likely to remain under control. (ii) That the risk of the petitioner repeating his or her past abusive behavior is a low or minimal risk.”
“Before ordering that a license be issued to the petitioner, the hearing officer shall require that the petitioner prove, by clear and convincing evidence, that he or she has completely abstained from the use of alcohol and controlled substances, except for controlled substances prescribed by a licensed health care professional, for a period of not less than 6 consecutive months or has abstained for a period of not less than 12 consecutive months if the evidence considered at the hearing establishes that a longer period of abstinence is necessary.”
As a Macomb County criminal defense attorney, our firm has represented over a thousand clients charged with probation violations. This article explains how an experienced Macomb County criminal defense attorney can defend you at a probation violation hearing.
A sentence of probation is a creation of the Michigan Legislature. You do not have a right to probation. For your reference here is a link to the Michigan Probation Statute. Since a probation violation can result in serious consequences, your attorney should know the various ways to defend you.
What you can expect at a Macomb County Probation Violation.
In Michigan, a person my be placed on Macomb County probation after a conviction. The Michigan Legislature has stated that “the granting of probation is a matter of grace conferring no vested right to its continuance.” Essentially, the law states that a defendant is not entitled to probation as a matter of right. The court has the ability to revoke a probationary term if the probationer violates any of the terms set by the court. Revocation of Probation Statute. This article describes what you can expect from a Macomb County probation violation. (Although the article applies to probation violations in any county).