Michigan Criminal Lawyers Blog

Earlier this week, the Michigan Supreme Court announced new Michigan jury rules that may affect the outcome of many civil and criminal cases across the state.

These rules will take effect in September and may impact the many types of trials, including assault and violent crimes, drug charges and theft and property crimes.

Chief Justice Robert Young notes the new rules are aimed at "giving jurors the tools they need for their very demanding job: seeking the truth."

One of the new reforms will be to allow juries to talk about evidence in civil cases throughout the trial. Criminal juries already are allowed to do so. Advocates believe that by allowing jurors to discuss evidence as its being presented - rather than waiting until the end - will improve jury's decision-making process.

Other reforms include:

• Allowing judges to schedule expert witnesses in a way that they believe makes sense to jurors;
• Allowing jurors to take notes during trial and use their notes during deliberation;
• Allowing jurors to visit or view where a material event - such as a crime - occurred;
• Giving jurors copies of the instructions that are likely to help with evaluation of the case at the beginning of the trial;
• Allow jurors to take into the jury room a reference document, as well as any exhibits and writings admitted into evidence;
• Allow jurors reasonable requests to review evidence or testimony as they deliberate;
• Giving judges the option of summarizing the evidence at the end of trial; and
• Allowing attorneys to make commentary during the trial.

Continue reading "Supreme Court Issues New Rules For Juries In Michigan Criminal Cases" »

The Battle Creek Enquirer reports that a Branch County man, Thomas Foley, will receive a second trial on charges that he killed his wife. Foley was convicted in 2009 of first-degree murder for allegedly shooting his wife, Dee Dee Foley, a Union City teacher.

If you have been charged with a violent crime such as murder or homicide, it is critical to contact a Michigan criminal defense attorney immediately to protect your rights and begin preparing your defense. In the event you have been convicted of a misdemeanor or felony criminal offense, you have a right to appeal your conviction.

Many reasons exist for appeals, including the discovery of new evidence.

Here, Foley has always maintained his wife was killed by an intruder, however the jury was not convinced at trial. According to news reports, after the trial witnesses came forth who provided new testimony that could prove Foley innocence. Three witnesses stated that they saw a car backing out of the driveway, bolstering the inference that an intruder was in the house. Circuit County Judge Sindt ordered a new trial, and the Court of Appeals agreed. The Supreme Court upheld Sindt's opinion.

Continue reading "Branch County Murder Case To Be Re-tried" »

With summer under way and the 4th of July fast approaching, law enforcement agencies in 35 Michigan counties will be stepping up drunk driving patrols. Lenawee, Livingston, Macomb, Monroe, Oakland, Sanilac, Washtenaw and Wayne Counties are among those receiving federal funds earmarked for traffic safety.

If you are under suspicion of any Michigan drunk driving offense, it is important to contact an experienced Michigan drunk driving defense lawyer immediately to protect your driving privileges and begin preparing your defense.

Reports indicate that the emphasis of the increased patrol is to remove and arrest both those drivers suspected of driving under the influence of alcohol as well as those driving under the influence of drugs. Although decreasing the number of accidents and fatalities is a common goal, it is important that in an effort to improve safety, law enforcement does not wrongfully arrest or convict drivers. Remember - even if you are detained and arrested for OWI you can fight back. By challenging field sobriety tests, breathalyzer tests and even the stop itself, it is possible to get charges reduced or eliminated.

Continue reading "Michigan Summertime Drunk Driving Enforcement Stepped-Up" »

The FBI as recently released a report evaluating per capita crime rates in cities with population above 100,000 - listed as the number one violent city is Flint, Michigan. According to FBI crime statistics, Flint tops the country with the worst violent crime rate. Violent crimes include such incidents as murder, homicide, gang violence and domestic violence.

If you are under suspicion or have been arrested for any violent crime in Flint, Michigan or anywhere throughout the state, it is important to speak to an aggressive Michigan criminal defense lawyer immediately to begin investigating the charges and preparing your defense.
Contrary to Flint, crime rates in Saginaw, Michigan - a city that has held the dubious distinction of "most violent city" in recent years, have dropped.

NBC 25 Michigan news investigated possible reasons for the varying rates in crime, citing issues such as reduced police forces in Flint, increased community activism in Saginaw and lack of jail space in Genesee County. While Flint tries to grapple with issues of high crime rates, it is important that the rights of those individuals charged and arrested are not swept aside in an attempt to improve Flint's reputation.

Continue reading "New Report Identifies Flint As Most Violent City" »

According to the Oakland County Daily Tribune, an Oakland County Jury has convicted a 70-year-old Lake Orion woman for growing marijuana in her house. Barbara Argo now faces up to 4-years in jail on charges of manufacturing/delivering marijuana.

If you are faced with any type of drug possession charges, it is important to contact an experienced Michigan drug crimes attorney immediately to begin preparing your defense. Law enforcement takes all drug crimes seriously and often aggressively prosecute drug manufacturing charges, making thorough investigation and vigorous representation by a Michigan drug defense lawyer imperative.

Here, Argo worked at a medical marijuana dispensary. After a raid on the facility, Argo told deputies that she was growing marijuana plants at her house. When law enforcement discovered 19 plants, they arrested her, despite the fact that she is a licensed medical marijuana patient and caregiver.

Placing Argo behind bars would be an unjust result. She does not post any threat to society. She is a patient who was growing drugs for her own medical use - not a dangerous drug trafficker or manufacturer. Michigan passed the Medical Marijuana Act in 2008 with overwhelming support for its citizen to use marijuana for medicinal purposes. Using significant resources to put Argo behind bars is misplaced.

Continue reading "Oakland County Conviction Of Woman For Marijuana Possession Reveals Flaws In Michigan Drug Law" »

Recently several articles out of Lansing have looked at the impact of Michigan's 7-month-old drunk driving law. The newly enacted super drunk driving law doubles the maximum jail time first time offenders with a blood-alcohol level of over .17 face, and requires offenders to undergo mandatory alcohol rehabilitation for a year.

If you have been arrested on any Michigan DUI offense, it is important to contact an aggressive Michigan drunk driving defense lawyer immediately to review the charges and begin preparing your defense.

News reports indicate that after the first few months with this law in place, those convicted of drunk driving have not been going to jail for longer periods of time but have instead been opting for alcohol rehabilitation programs. Since the law took effect in October, Ingham County has charged 54 people under the new law, Eaton County has charged 39 and Clinton County has charged 18 people.

Continue reading "Michigan Super Drunk Driving Law Increases DUI Penalties" »