Michigan Legal Resources

May 20, 2016

Michigan Juvenile Lifers Win Court Victory

– Hill V. Snyder, 6th Cir. 2016

On May 11, it was ordered by the U.S. Sixth Circuit Court of Appeals that a “meaningful and realistic opportunity for release” must be granted to all Michigan juvenile “lifers,” or those sentenced to life in prison without parole for crimes allegedly committed when these individuals were juveniles. Currently, there are more than 364 individuals incarcerated in Michigan’s prisons who were sentenced to spend their entire lives there for crimes they committed as children.

In the case of Hill v. Snyder, the ruling by the Sixth Circuit follows two U.S. Supreme Court decisions that sentencing juveniles to life in prison without parole is unconstitutional (Miller v. Alabama); further, this punishment has been declared as “cruel and unusual punishment.” The decision in the Miller v. Alabama case is retroactive to all juvenile lifers (Montgomery v. Louisiana).
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May 10, 2016

New Laws in Michigan

by Scott Grabel

As we’re approaching the halfway mark of 2016, we thought it would be a good idea to inform Michigan residents of new laws that have taken effect this year. Some of them you may be aware of, some you may not know about.

Some of the most notable new laws that have gone into effect include:

Drivers no longer have to provide a hard copy of auto insurance to police when pulled over; instead, you can now show proof of coverage on your cell phone or any mobile device. Governor Rick Snyder signed this legislation into law in an effort to modernize government and make life simpler for residents. Motorists who cannot provide evidence of auto insurance coverage may have their driver’s license suspended by a judge, or be subject to a civil infraction.

May 6, 2016

Trends in Juvenile Crime and Juvenile Justice in Michigan

by Scott Grabel

In Michigan the concern for juveniles accused of crimes and the juvenile or criminal justice systems are a topic of intense focus. In recent years, efforts have been made by state lawmakers to raise the age for juvenile crimes from 16 to 17, so that 17-year-olds would not face a much harsher adult criminal justice system with the exception of those who are accused of the most serious criminal offenses. Unfortunately, Michigan is one of only nine states that allows those younger than 18 years old to be prosecuted as adults automatically. Changes are hopefully coming, and as Rep. Harvey Santana, D-Detroit said in a news report concerning a 17-year-old who was convicted of murder last year, “the old mentality of locking prisoners up and throwing away the key isn’t working.”

Legislation to place individuals 17 and under into the juvenile justice system was recently unanimously approved by the House Criminal Justice Committee. Essentially, 17-year-olds who have committed less serious crimes such as drug possession, shoplifting, DUI, or underage drinking would be placed in a system better designed for their needs, while those accused of armed robbery, sexual assault, murder, intent to commit murder, or arson would still face the adult system and possibly adult prison if convicted.
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April 29, 2016

Voice Technology Helping Law Firms Become More Efficient

by Scott Grabel

In the “old days” so to speak, law firms relied on their secretaries or administrative assistants to take dictation before typing out memos, letters, and other documents. Even over the last decade, it’s amazing how things have changed. Not only do we have the world wide web to provide us with a plethora of information (some of which is reliable, other not so much), we also have perhaps the greatest innovation of all for criminal defense lawyers – voice technology!

While some law firms still use the old “tried and true” methods of creating important documents, voice technology is gradually becoming a popular trend in the legal industry as attorneys and their staffs look for a way to capture all information accurately, while making the work environment more efficient. While dictation and transcription is still a much-used way to capture critical information and details, there are many flaws with this almost “antiquated” method in today’s modern world. For one, older dictation equipment is tape-based, which can result in break downs and all kinds of problems. Two, attorneys often have to locate an experienced transcriptionist to transcribe letters, reports, and other documents when an assistant isn’t available. Considering that today criminal defense lawyers in Michigan and across the U.S. as well as attorneys who focus on other practice areas are busier than ever, efficiency and accuracy is more important than ever.

Cost savings of voice technology for law firms

April 27, 2016

Michigan Trial Courts: Circuit, District and Probate Courts

by Scott Grabel

Many people are not aware of the fact that Michigan trial courts include the circuit, district, and probate courts. All of the courts serve different purposes, however the district court is the one most are familiar with and is often referred to as “the people’s court.” As far as the trial court with the broadest power in the state of Michigan, the circuit court reigns supreme. Probate court, naturally, is where issues involving wills, trusts, and estates are handled, along with other issues, which we’ll discuss below.

Michigan Circuit Court

Some of the court actions addressed in Michigan circuit courts include garnishments, seizure of property, domestic relations, name change, personal protection, order for testing of infectious diseases, and emancipation of a minor. In regards to criminal issues, the circuit court is also where felony criminal cases or civil cases valued at more than $25,000 are handled. For criminal purposes, the circuit court handles those cases in which an individual is charged with a felony crime, which in simple terms is a crime that may, if the individual is convicted, result in a prison term of longer than one year. Currently there are 57 circuit courts in the state of Michigan, located in various counties including Wayne County in which there are 61 judges who preside over circuit court matters.