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.
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.
Habeas Corpus – Responsibilities and Duties of the trial lawyer
Definition: Latin for “you have the body.” The writ of habeas corpus is a petition that directs state law officials (for example, warden) who have custody of an inmate to appear in court to determine whether the prisoner is being held unconstitutionally.
The federal writ of habeas corpus is often the final chance for a defendant to challenge his or her conviction in federal court after the Michigan state courts have denied relief. The writ of habeas corpus for a state inmate challenging a state conviction is governed by 28 USC 2254. Link to Habeas Statute
This article is going to discuss habeas corpus petitions filed by state
prisoners in federal court pursuant to 28 USC § 2254 wherein a Michigan prisoner asserts that his or her incarceration or detention by Michigan state officials violates one or more federal constitutional rights.
Most importantly, this article will explain why the trial attorney must preserve any federal issues for appellate review.
In this Michigan criminal appeal we challenged the client’s convictions for assault with a dangerous weapon. The Michigan Court of Appeals reversed the defendant’s three felonious assault convictions, affirmed the remaining, and remanded the case to the trial court for resentencing without consideration of the three reversed convictions.
The strongest argument in this case had to do with the client’s 3 convictions for assault with a dangerous weapon. We argued that the prosecutor had presented insufficient evidence for a reasonable jury to find that he possessed a dangerous weapon. The gun used in this case was not real.
Is Drinking After Driving a defense to a DUI/OWI? Everyone knows about driving after drinking. But, what happens if the police do not stop a person at the scene but some time later after the person had been at home drinking. This article explains the details of the drinking after driving defense.
Heroin possession is a serious charge often accompanied by an equally serious and dangerous addiction. Across the country the news reports on the opioid epidemic affecting many people. We have seen the effects of the epidemic first-hand in criminal cases. In many instances, prescription pill abuse often leads to heroin use. People turn to heroin because it is much cheaper to purchase than Vicodin. We agree with the courts that doctors over-prescribe prescription pills. For some, that is where the addiction starts. Prescription medication is very often the catalyst for heroin addiction.
A Motion for Relief from Judgment, MCR 6.500, is often the last chance to correct a conviction. At CZARNECKI & TAYLOR, we receive many letters and calls from inmates regarding post-conviction relief, specifically, 6.500 Motions, Motion for Relief from Judgment. The 6.500 motion is filed after the defendant has already gone through the appeal process. This article will discuss the essential components of the 6.500 motion for those people seeking post-conviction remedies.
A 6.500 may be a defendant’s last chance to “appeal” the conviction.
I want to start this article off by saying that most cases in the State of Michigan and in the federal courts are resolved by plea deals. The truth is most criminal cases do not go to trial. If every case went to trial the criminal justice system would grind to a halt. While some cases should go to trial, the fact is a negotiated plea deal can be in your best interest. Your attorney cannot force you to accept a plea deal. You always maintain your right to go to a trial.
I want to dispel one myth at the very beginning of this article. Some defendants say that “my attorney wanted me to cop a deal” as if this is a bad idea. I also want to say one other thing up front. Do some attorneys want their clients to accept a plea deal so they can close the case? The answer is: Yes. Is it wrong? Again the answer is – yes.
But, because some attorneys lack integrity does not mean that a plea deal is not in your best interest. You have to have trust in the attorney that you hire. The truth is a very good plea deal can save you jail time, reduce charges, avoid a conviction, and save you money in fines/costs and legal fees. The purpose of this article is to explain how a plea deal can be in your best interest.
In the State of Michigan, the courts and the Secretary of State can require that you operate your motor vehicle only after an ignition interlock device has been installed. The following cases typically require installation of the ignition interlock:
OWI with a BAC > .17 (Super Drunk): In Michigan, people who are convicted of a drinking and driving offense with a BAC of .17% or greater are charged as “Super Drunk” The license restrictions are as follows: Suspended license for 45 days and 320 days of driving with a restricted license. You will be required to have a breath alcohol ignition interlock device (BAIID) installed during the restricted driving period.