Criminal Defense

Criminal Defense

Hackett & Hackett PC provides criminal defense to allegations, investigation or charges relating to criminal conduct under Michigan law and Federal law. Our firm provides criminal defense on a variety of State and Federal crimes below are examples on the areas of law that our firm provides legal defenses, clink on the link to read more about the area of law:

ASSAULT

In the State of Michigan the term “Assault” for the purposes of criminal law is defined in a number of different ways. Assault is generally defined as threatening conduct with some specific intent to cause reasonable apprehension of harm (a battery) to the person or victim. If you are faced with an allegation, charge or investigation for assault, the county prosecutor’s office will consider the type of assault and in most instances the prosecutor will want to charge you with the most serious type of assault or assault charge.

There are instances where “Domestic Assault” is involved with a wife, spouse, child, household member, boyfriend, girlfriend or someone closely related to you or someone with whom you have a close relationship. In cases where it is “Non-Domestic Assault” the usual case arises of a defendant and victim that are generally not in a close relationship. Under Michigan law, MCL 750.81, an assault is a misdemeanor and can carry a prison sentence of up-to 3 months in jail or a fine of $500 dollars or both a jail term and a fine.

If however you have a previous conviction for such an offense under Michigan law, MCL 750.81(3) and are charged with an offense under MCL 750.81 you may be imprisoned for up to 1 year or a fine of not more than $1,000 or both. However, if you have 2 or more convictions for such an offense you could be guilty of a felony, not more than 5 years in jail or a fine of not more than $5,000 or both, MCL 750.81(4).

However, if a person who assaults an individual without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both, MCL 750.81(a). If however you have 1 or more convictions for this type of assault you can be found guilty of felony punishable by not more than 5 years in jail or a fine of not more than $5,000 or both, MCL 750.81(a)(3).

Even if you assault, for example, a law enforcement officer in the execution or discharge of his police duties, you can face severe criminal charges, for example MCL 750.81d(3) which reads in part that “An individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties causing a serious impairment of a body function of that person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $10,000.00, or both.”

In some instances, you may be under investigation or charged with “Felonious Assault” which occurs when a person who assaults another person with a gun, revolver, pistol, knife, iron bar, club, brass knuckles, or other dangerous weapon without intending to commit murder or to inflict great bodily harm less than murder, can be found guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both, MCL 750.82. This is a serious assault crime in Michigan.

If such a crime is near a weapon free school zone, a person can be found guilty of a felony punishable by 1 or more of the following: (a) Imprisonment for not more than 4 years; (b) Community service for not more than 150 hours or (c) A fine of not more than $6,000.00, MCL 750.82(2). In some instances, you could face a charge of “Assault with Intent to Commit Murder” MCL 750.83. For this crime, Michigan law explains that “Any person, who shall assault another with intent to commit the crime of murder, shall be guilty of a felony, punishable by imprisonment in the state prison for life or any number of years.”

Other types of assault may include, assault with intent to rob and steal whether armed or unarmed, assault with intent to maim, assault with intent to do great bodily harm less than murder, assault by strangulation, assault by suffocation. Whatever you, a family member or a loved one are being investigated for, under an allegation for or charged with, contact our criminal defense attorneys to discuss your case and advise you of the best legal defense and protect legal rights that you are entitled to. It is best to act as quickly as possible to avoid any later consequences or actions by law enforcement or the county prosecutor’s office.

APPEAL OF CONVICTION

APPEAL OF SENTENCE

In Michigan a person who is convicted of a criminal offense is given grounds to appeal, you can either appeal the conviction or appeal the sentence or both. An appeal is generally under two headings, an “Appeal as of Right” or “Appeal by Leave of the Court.” It is important to understand under Michigan law that strict deadlines are followed, and if you decide you want to appeal you must meet those deadlines. Of course, there may be a number of reasons why you may want to appeal.

You may want to appeal because of tainted evidence, false testimony; failure of the court to follow court rules or law; newly discovered evidence that was not available during the original trial court case or misconduct of the prosecutor or law enforcement. In one case, the Michigan Court of Appeals held that the trial court was wrong when it denied the defendant’s motion for an evidentiary hearing regarding evidence that the complainants may have had an ulterior motive for accusing the defendant of criminal sexual conduct (“CSC”) and the case turned “on a close question of credibility” People v. Spangler, No. 261375, 2006 WL 3823820, at *2 (Mich. Ct. App. Dec. 28, 2006).

In another case, the Supreme Court of Michigan reversed the trial court, because the trial court excluded expert testimony on a relevant point in a criminal case in People v. Kowalski, 492 Mich. 106, 821, NW2d 14 (2012). In another criminal case, the prosecutor attempted to depart from the Michigan sentencing guidelines and tried to increase the sentence of the defendant, and in another case the prosecutor sought to charge the defendant with a crime, which the defendant did not commit, again this shows the need to review a case to ensure grounds exist for an appeal.

While there are endless grounds for the basis of an appeal, the time limits are not. Our appeal attorneys can provide you with advice and assistance if you are seeking to file an appeal in Michigan or the federal appeal court. It is important that you contact our office as soon as possible to ensure that a timely review is made and if necessary, a timely appeal is filed, since failure to file an appeal within the time limits can limit your right to a reversal or reduction of sentence where grounds exist.

Again it is important to note that the first thing that must occur is to review the grounds for appeal, and if such grounds exist to obtain the required documents, file the appeal papers and pay the appropriate fees to the court, whether you are appealing from the District Court, Circuit Court, Court of Appeals to the Michigan Supreme Court or Federal trial court to the Federal appeal court. If you delay, you could face jail time and or fines or both and probably loose your right to appeal your sentence, conviction or both. Don’t delay; contact our appeal attorneys to discuss your case.

ARREST WARRANTS

If an arrest warrant is issued and the police find you, you will be taken into custody. This could mean that you are photographed, fingerprinted etc and a criminal record is generated, which could have consequences and effects on your future with regards to a job application or general applications. Our experienced attorneys have helped individuals all over Michigan to have an arrest warranted pulled and to avoid the pressures associated with a criminal record.

If you believe that there is an arrest warrant issued for your arrest or a loved one, it is important that you contact our criminal defense attorneys to discuss ways to deal with these circumstances.

ARMED ROBBERY

Armed Robbery in Michigan is a serious criminal offense; it is a felony and can require a prison term of up to life imprisonment. Michigan law defines armed robbery as “A person who engages in conduct proscribed under section 530 and who in the course of engaging in that conduct, possesses a dangerous weapon or an article used or fashioned in a manner to lead any person present to reasonably believe the article is a dangerous weapon, or who represents orally or otherwise that he or she is in possession of a dangerous weapon, is guilty of a felony punishable by imprisonment for life or for any term of years” MCL §750.529.

The crime of armed robbery involves the use of a weapon during the commission of a larceny on a person. However, several defenses may be available to a person who is under investigation or charged with the crime of armed robbery. Contact our defense attorneys to discuss your case and what alternative options are available to you.

ARSON

Arson under Michigan law has degrees or levels of arson. The basic definition of arson is found in MCL §750.529 “A person who willfully or maliciously burns, damages, or destroys by fire or explosive” a dwelling. First degree arson is a felony punishable by imprisonment for life or any term of years or a fine of not more than $20,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater, or both jail and a fine.

Second degree arson is a felony punishable by imprisonment for not more than 20 years or a fine of not more than $20,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater, or both imprisonment and a fine. Third degree arson is a felony punishable by imprisonment for not more than 10 years or a fine of not more than $20,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater, or both jail and a fine.

Fourth degree arson is a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater, or both imprisonment and a fine. Fifth degree arson is a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater, or both jail and a fine.

Arson of insured property is a felony punishable as follows, if the person violates subsection (1)(a), imprisonment for life or any term of years or a fine of not more than $20,000.00 or 3 times the value of the property damaged or destroyed, whichever is greater, or both. If you are currently charged with or under a criminal investigation for arson, contact our defense attorneys to see what defenses are available to protect your legal rights and what options are available to you.

BATTERY

Criminal battery in simple terms is the unlawful touching of another person without justification. Criminal battery carries a punishment of up to 3 months in jail; it is a misdemeanor, or a fine of up to $500 or both a fine and jail term. A previous conviction of this offense can result in prison time that exceed 3 months and a fine that does not exceed $1,000.00. If you are charged with battery or are under a criminal investigation, it is important that you speak with our battery criminal defense attorneys to see what legal defenses or options are available to you.

BAD CHECKS (PASSING BAD CHECKS INSUFFICIENT FUNDS)

The passing of a bad check or delivering it without sufficient funds with the intent to defraud is a criminal offense in the State of Michigan. Depending on the type of charge or allegation, a person can face up to 3 months in jail or be required to pay a fine of not more than $500.00 or both. If however, this is a person’s second offense the law imposes additional jail time, for example, a jail term of not more than 1 year or a fine not to exceed $1,000.00 or both.

If you have 2 or more criminal convictions, the fine can be up to $2,000.00 or a prison term not to exceed 2 years, since it is a felony crime. Even the intent to deliver or present a bad check can have severe legal consequences for a person under Michigan law. If law enforcement are involved the changes are that they will forward the case to the county prosecutor’s office for review and the prosecutor may well seek for an enhanced sentence where possible.

If you are charged with the offense of passing bad checks or currently under investigation for the crime, our criminal defense attorneys will seek to avoid any jail time or seek to reduce to fine that is imposed. It you are currently under an investigation or have been charged, it is important that you seek legal advice to avoid having to spend time in jail, contact our defense attorneys to discuss your case and the best options that are available to you or a loved one.

BURGLARY

The offense of burglary is generally defined as the breaking and entering of the dwelling house of another in the nighttime with the intent to commit a felony. In Michigan, the law relating to burglary is defined as a person who breaks and enters, with intent to commit a felony or a larceny therein, a tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, structure, boat, ship, shipping container, or railroad car is guilty of a felony punishable by imprisonment for not more than 10 years.

Also the offense of home invasion burglary is defined as “A person who breaks and enters a dwelling with intent to commit a felony, larceny, or assault in the dwelling, a person who enters a dwelling without permission with intent to commit a felony, larceny, or assault in the dwelling, or a person who breaks and enters a dwelling or enters a dwelling without permission and, at any time while he or she is entering, present in, or exiting the dwelling, commits a felony, larceny, or assault is guilty of home invasion in the first degree if at any time while the person is entering, present in, or exiting the dwelling either of the following circumstances exists: (a) The person is armed with a dangerous weapon or (b) Another person is lawfully present in the dwelling.”

This type of criminal offense carries penalties under Michigan law, for example, home invasion in the first degree is a felony punishable by imprisonment for not more than 20 years or a fine of not more than $5,000.00, or both. Home invasion in the second degree is a felony punishable by imprisonment for not more than 15 years or a fine of not more than $3,000.00, or both. And home invasion in the third degree is a felony punishable by jail for not more than 5 years or a fine of not more than $2,000.00, or both. A person can also be charged with possession of burglary tools and can be found guilty of a felony punishable by imprisonment for not more than 10 years, MCL §750.116.

A person can also be charged with entering without breaking. Under Michigan law, this offense is defined as “any person who, without breaking, enters any dwelling, house, tent, hotel, office, store, shop, warehouse, barn, granary, factory or other building, boat, ship, shipping container, railroad car or structure used or kept for public or private use, or any private apartment therein, with intent to commit a felony or any larceny therein, can be found guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $2,500.00,” Entering without breaking, MCL §750.111.

An allegation or charge of burglary can carry serious penalties, if you are charged with or under investigation for this type of criminal offense contact our burglary defense attorneys to discuss your case and specific circumstances to avoid having to face jail time or pay a substantial fine. Our defense attorneys will be able to provide you with the best options that are available after an initial consultation and discussion.

CHILD ABUSE & CHILD NEGLECT

FAILURE TO PROTECT MICHIGAN CHILD PROTECTION LAWS

Child Law Protection Act 238 of 1975 are the child protection laws found in MCL §§722.621-722.638. The law governs instances of child abuse or child neglect, including what the law terms as failure to report or protect MCL §722.633. An allegation of child abuse or neglect carries serious consequences for a person accused of such a crime. If you are under investigation, allegation or charge, it is important to know what the law says regarding child abuse or neglect, as in some instances, a person may well have been charged incorrectly or subject to an erroneous investigation that leads to a dead end.

If you are under an investigation, alleged to have committed child abuse or neglect or charged with crime relating to child abuse or neglect, the need to consult with a criminal defense attorney is important to ensure that you are provided the best legal defense possible and best preparation of your case, as you would want to avoid any entry on to the child registry in Michigan. Also given some of the recent changes in child protection laws, a person who is on the child registry has a chance of the reduction of time on the registry due to recent law past by the Michigan legislature. Avoid any delay, and contact our defense attorneys today to discuss your needs or case

CHILD PROTECTIVE SERVICES (CPS)

MICHIGAN CHILD PROTECTION LAWS

If you or a loved one is under an investigation by Child Protective Services (CPS), it is important that you consult with our child protection attorneys so that they can provide you with the best possible advice to avoid or mitigate any potential charges that may results from a pending investigation. Child protective services are not there to assist you or help you to rehabilitate back into your family or community. CPS is there to destroy family relationships and seek a criminal conviction and by so doing justifies there existence.

If you are under an investigation, you should not discuss anything with CPS without your attorney present, since following an investigation if CPS finds any evidence they will not hesitate to either contact the criminal division of the prosecutor’s office and press for criminal charges to be brought against you or a loved one. Similarly, they can also bring a child action in the family division of the court. It is also CPS’s goal to place you on the child registry for child abuse or neglect and will do everything they can to ensure this happens, CPS are not your friends.  

CPS will not advise you either of the recent changes in child protection laws, a person who is on the child registry has a chance of the reduction of time on the registry due to recent law past by the Michigan legislature. Avoid any delay, contact our child protection services attorney to discuss your case or pending investigation to ensure that you are provided the best legal defense to possibility avoid any criminal charges or contact with the child registry.

                                                                                                                       

CHILDREN & PUPIL

GUN CRIMES & FIREARM & DANGEROUS WEAPON

Under Michigan law, MCL §380.1313, it is unlawful for a child; pupil or student to be in possession of a dangerous weapon this can lead to a criminal prosecution for a violation of the law. As often is the case, a child or pupil is found to be in possession of a dangerous weapon while at school. If a child, pupil or student is found to be in possession of a dangerous weapon or firearm, this can result in a criminal investigation and potential criminal prosecution in the State of Michigan.

If you or a family member or a loved one is pending an investigation relating to a firearm or gun crime or dangerous weapon in Michigan as a child, pupil or student, it is important that you contact our attorneys to discuss your case. Since the law mandates reporting of such an offense to law enforcement that will discuss the matter with the district prosecuting attorney’s office for potential criminal charges, this also includes knife, dagger, blade, etc as explained by Michigan law.

“MCL 380.1313 (1) If a dangerous weapon is found in the possession of a pupil while the pupil is in attendance at school or a school activity or while the pupil is enroute to or from school on a school bus, the superintendent of the school district or intermediate school district, or his or her designee, immediately shall report that finding to the pupil’s parent or legal guardian and the local law enforcement agency.”

“MCL 380.1313 (4) As used in this section, “dangerous weapon” means a firearm, dagger, dirk, stiletto, knife with a blade over 3 inches in length, pocket knife opened by a mechanical device, iron bar, or brass knuckles.” If you or your child is currently under investigation or have been charged with such an offense, contact our criminal defense attorneys to best advise you of your rights and protections, including legal strategies that may be available to you.

COMPUTER & INTERNET CRIMES



In today’s society with the advancement of information technology, a large number of crimes are computer or internet related. Through IP addresses, websites and downloading offensive material can result in computer and internet related crimes. For example, one can be charged with possessing and distributing offensive material, even though a person merely accessed the material even for a short period of time, prosecutors will try to charge you with the most serious computer or internet related crimes.

Such crimes can result in serve criminal penalties and sentences. If you have been investigated, charged or alleged to have committed a computer or internet crime contact our computer & internet defense attorneys immediately to discuss your legal options and best possible aggressive legal defense. Below are some examples of computer & internet related crimes and some of the references to Michigan law that a person can be charged with relating to a computer or internet crime (including federal charges and allegations)

MCL §750.145c
 (Child sexually abusive material)

“Definitions; child sexually abusive activity or material; penalties; possession of child sexually abusive material; expert testimony; defenses; acts of commercial film or photographic print processor; report to law enforcement agency by computer technician; reasonable availability of evidence to defendant; applicability and uniformity of section; enactment or enforcement of ordinance, rule, or regulation prohibited.”

MCL §750.145p
(Internet or telecommunications or electronic device;
prohibited use; violation as felony; penalty; definitions)

“A person shall not use the internet or a telecommunications device or system or other electronic device or system so as to disrupt the functions of the public safety, educational, commercial, or governmental operations within this state with the intent to commit a willful and deliberate act that is all of the following….”

MCL §750.540f
(Telecommunications access to device; use in violation of MCL 750.219a; a misdemeanor violation of subsection (1) and previous conviction as felony; prior conviction; definitions)

“(1) Except as provided in subsection (2), a person who knowingly or intentionally publishes a telecommunications access device or unlawful telecommunications access device with the intent that it be used or knowing or having reason to know that it will be used or is likely to be used to violate section 219a is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.”

MCL §750.411s
(Posting message through electronic medium,
prohibitions, penalty; exceptions; definitions)

“(1) A person shall not post a message through the use of any medium of communication, including the internet or a computer, computer program, computer system, or computer network, or other electronic medium of communication, without the victim's consent, if all of the following apply….”

MCL §750.540
(Use of electronic medium of communication;
prohibited conduct; violation as felony; penalty; definitions)
“(1) A person shall not willfully and maliciously cut, break, disconnect, interrupt, tap, or make any unauthorized connection with any electronic medium of communication, including the internet or a computer, computer program, computer system, or computer network, or a telephone.
(2) A person shall not willfully and maliciously read or copy any message from any telegraph, telephone line, wire, cable, computer network, computer program, or computer system, or telephone or other electronic medium of communication that the person accessed without authorization.
(3) A person shall not willfully and maliciously make unauthorized use of any electronic medium of communication, including the internet or a computer, computer program, computer system, or computer network, or telephone.
(4) A person shall not willfully and maliciously prevent, obstruct, or delay by any means the sending, conveyance, or delivery of any authorized communication, by or through any telegraph or telephone line, cable, wire, or any electronic medium of communication, including the internet or a computer, computer program, computer system, or computer network.”

                                                                                                 

CONSPIRACY & RACKETEERING

("CRIMINAL ENTERPRISE")

A charge or allegation of conspiracy in the State of Michigan is defined as “Any person who conspires together with 1 or more persons to commit an offense prohibited by law, or to commit a legal act in an illegal manner is guilty of the crime of conspiracy punishable as provided herein.” The punishment for conspiracy under Michigan State law can range from 1 year in prison to 5 years in prison, including a $10,000.00 fine or both.  

Whether you agree with someone verbally or in writing to commit an illegal act or commit a legal act in an illegal manner can result in criminal charges that can range from a jail term to a fine or both, which will depend largely on the type of criminal conspiracy charge. Also if you are facing allegations or charges of racketeering, which is defined as “committing, attempting to commit, conspiring to commit, or aiding or abetting, soliciting, coercing, or intimidating a person to commit an offense for financial gain” can result in severe criminal penalties and jail time.

If you facing a charge or under investigation, contact our criminal defense attorneys to discuss your options and chances of having to avoid any jail time or pay a fine, which includes what rights and protections you have under Michigan and federal law. You should always remember that law enforcement and the prosecutor are not on your side, it is there job to put you in prison and it is our job to keep you out. Note that you can also be charged under Federal law for the crime of conspiracy and racketeering, which imposes jail time and fines also.

CONSTITUTIONAL RIGTHS & PROTECTION

2nd, 4th, 5th AND 6th AMMENDMENT

Both the United States Constitution and the Michigan Constitution guarantee protections and rights of the accused. These rights provide someone who is under investigation, alleged of committing a crime or charged with a criminal offense under Michigan law or federal law. To ensure that you are provided the best possible protection and defense, consult with a constitutional defense attorney to ensure that you do not waive any of these rights, since waiving such rights could have an effect of your case and appeal.

Also it is important to ensure that you take advantage of these rights from the outset, since failure to raise such rights could also have a damaging effect on your case or investigation, including an appeal. Again before you speak with any law enforcement agency or if you are facing some investigation, it is important that you know what rights you have and how to invoke them.

Second Amendment Rights (2nd Amend)

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Fourth Amendment Rights (4th Amend)

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Fifth Amendment Rights (5th Amend)

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Sixth Amendment Rights (6th Amend)

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

DEFECTIVE SEARCH WARRANTS



A search warrant must meet the legal standard in order for it to be a valid warrant that results in a valid search. The Fourth Amendment (4th Amend.) to the U.S. Constitution points out that “no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” In a number of cases, it has come to light that the search warrant was defective for some reason, even though the police had entered the property or searched the person or seized items.

A defective search warrant can result in evidence being not allowed in a criminal proceeding against an individual. While people have a ‘reasonable expectation of privacy’ the police will execute a search warrant knowing it may not have complied with the legal standard and requirements for a valid search. Violating one’s Fourth Amendment (4th Amend.) rights is a fundamental principle in U.S., and that in so doing it automatically is a violation of the Fourteenth Amendment (14th Amend.) due process rights of the person subjected to the illegal search and search.

Our criminal defense attorneys have advised clients all over the State of Michigan on matters relating to defective search warrants, including federally issued warrants. If you feel that you have been subject to such a violation, contact our defense attorneys to discuss your case and what options are available to you.

DISORDERLY PERSON & CONDUCT



Michigan law imposes criminal sanctions and charges for disorderly conduct or disorderly person. The penalties for a criminal conviction are jail time or a fine, which can range from 3 months in jail to 4 years in jail or fines ranging from $500.00 to $5,000.00. The following are examples under Michigan law of a disorderly person

“(1) A person is a disorderly person if the person is any of the following:

(a) A person of sufficient ability who refuses or neglects to support his or her family.

(b) A common prostitute.

(c) A window peeper.

(d) A person who engages in an illegal occupation or business.

(e) A person who is intoxicated in a public place and who is either endangering directly the safety of another person or of property or is acting in a manner that causes a public disturbance.

(f) A person who is engaged in indecent or obscene conduct in a public place.

(g) A vagrant.

(h) A person found begging in a public place.

(i) A person found loitering in a house of ill fame or prostitution or place where prostitution or lewdness is practiced, encouraged, or allowed.

(j) A person who knowingly loiters in or about a place where an illegal occupation or business is being conducted.

(k) A person who loiters in or about a police station, police headquarters building, county jail, hospital, court building, or other public building or place for the purpose of soliciting employment of legal services or the services of sureties upon criminal recognizances.

(l) A person who is found jostling or roughly crowding people unnecessarily in a public place.

(2) If a person who has been convicted of refusing or neglecting to support his or her family under this section is charged with subsequent violations within a period of 2 years, that person shall be prosecuted as a second offender or third and subsequent offender as provided in section 168, if the family of that person is then receiving public relief or support.”

If you have been charged or under investigation for such a crime, it is important that you speak with our criminal defense attorneys to provide you best possible legal defense to avoid having to go to jail or pay a fine or both.

DOMESTIC VIOLENCE



Michigan law defines Domestic Violence as (MCL §400.1501):

“(d) ‘Domestic violence’ means the occurrence of any of the following acts by a person that is not an act of self-defense:

(i) Causing or attempting to cause physical or mental harm to a family or household member.

(ii) Placing a family or household member in fear of physical or mental harm.

(iii) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.

(iv) Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

(e) ‘Family or household member’ includes any of the following:

(i) A spouse or former spouse.

(ii) An individual with whom the person resides or has resided.

(iii) An individual with whom the person has or has had a dating relationship.

(iv) An individual with whom the person is or has engaged in a sexual relationship.

(v) An individual to whom the person is related or was formerly related by marriage.

(vi) An individual with whom the person has a child in common.

(vii) The minor child of an individual described in subparagraphs (i) to (vi).”

In most cases, domestic violence will probably be the same charge under the criminal domestic violent statute MCL §750.81(2). If you have been charged with domestic violence or under an investigation, there is hope under Michigan law to fight this and get rid of it. This law is termed the “Michigan Domestic Violence Deferral” program under MCL §769.4a. However, there are some basic requirements in order for this to apply.

For example, it must be in the present case, you consent, the judge agrees, the victim agrees, the prosecutor agrees, you must have no prior convictions of the offense. There is a change to fight domestic violence, and provide a good legal defense, contact our criminal defense attorneys if you have been investigated for domestic violence or have been charged, whether it is your first offense or second offense to discuss your legal options and provide you the best possible defense.

DRUG CRIMES



Drug crimes in Michigan are either misdemeanors or felonies and offenses can range from possession a controlled substance, a controlled substance analogue, or a prescription form unless the controlled substance, or prescription form was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner's professional practice, possession of marijuana, cocaine possession & distribution, drug trafficking, etc. MCL §333.7403 list some of these drug offenses:

“(1) A person shall not knowingly or intentionally possess a controlled substance, a controlled substance analogue, or a prescription form unless the controlled substance, controlled substance analogue, or prescription form was obtained directly from, or pursuant to, a valid prescription or order of a practitioner while acting in the course of the practitioner's professional practice, or except as otherwise authorized by this article.

(2) A person who violates this section as to:

(a) A controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv), and:

(i) Which is in an amount of 1,000 grams or more of any mixture containing that substance is guilty of a felony punishable by imprisonment for life or any term of years or a fine of not more than $1,000,000.00, or both.

(ii) Which is in an amount of 450 grams or more, but less than 1,000 grams, of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 30 years or a fine of not more than $500,000.00, or both.

(iii) Which is in an amount of 50 grams or more, but less than 450 grams, of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 20 years or a fine of not more than $250,000.00, or both.

(iv) Which is in an amount of 25 grams or more, but less than 50 grams of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $25,000.00, or both.

(v) Which is in an amount less than 25 grams of any mixture containing that substance is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $25,000.00, or both.

(b) Either of the following:

(i) A substance described in section 7212(1)(h) or 7214(c)(ii) is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00, or both.

(ii) A controlled substance classified in schedule 1, 2, 3, or 4, except a controlled substance for which a penalty is prescribed in subdivision (a), (b)(i), (c), or (d), or a controlled substance analogue is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

(c) Lysergic acid diethylamide, peyote, mescaline, dimethyltryptamine, psilocyn, psilocybin, or a controlled substance classified in schedule 5 is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.

(d) Marihuana is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00, or both.

(e) A prescription form is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

(3) If an individual was sentenced to lifetime probation under subsection (2)(a)(iv) as it existed before March 1, 2003 and the individual has served 5 or more years of that probationary period, the probation officer for that individual may recommend to the court that the court discharge the individual from probation. If an individual's probation officer does not recommend discharge as provided in this subsection, with notice to the prosecutor, the individual may petition the court seeking re-sentencing under the court rules. The court may discharge an individual from probation as provided in this subsection. An individual may file more than 1 motion seeking re-sentencing under this subsection.”

However, under Michigan law, MCL §333.7411, there is what is called a deferral program (delayed sentencing), it allows a person who has no prior drug crimes on their record to plead guilty to a drug possession charge and then have that guilty plea and charge dismissed after a certain period of time. Also if you are convicted of a drug offense you could also loose your driving license. Therefore, retaining an experienced criminal defense drug attorney is an important step in the preparation of your case and defense to avoid having prison time or a fine or both. Contact our office to discuss your options and legal rights.

DRIVING LICENSE RESTORATION & PRIVILEGES



According to the State of Michigan in 2004, approximately 20,000 license appeal hearings were scheduled in 2004. Such hearings covered issues such as:

Appeals from branch office application denials.
Driver Assessment actions.
 Implied-consent hearings actions stem from an arrest for drunk driving or any other crime described in MCL §257.625c(1).
Appeals for license reinstatement following a revocation for being a habitual offender with multiple substance-abuse convictions. Habitual offenders are those who have been twice convicted of operating a motor vehicle while impaired or intoxicated within a seven-year period, or have three convictions within a ten year period, MCL §257.303.
 Appeals for license reinstatement following a revocation for being a habitual criminal involving a motor vehicle.
Appeals for license reinstatement following a conviction of murder, manslaughter, or negligent homicide with a motor vehicle.
Appeals for license reinstatement following a conviction of causing the death or serious injury of another person while intoxicated or impaired by alcohol and/or drugs.

Licensing actions range from restrictions to revocations. The most serious action is a revocation, defined in MCL 257.52 as the termination of the operator’s license and privilege to operate a motor vehicle. The driver is only eligible to reapply to the Department for license restoration after the expiration of five years for a subsequent revocation within seven years of a prior revocation. There is no guarantee that the license will be returned after the minimum period of revocation. The pivotal issue is whether the person can be considered a safe driver based upon documentary evidence and testimony.

Note that under MCL §257.323(3), a Michigan Circuit Court review of Driver Assessment actions and Section §904(10) or (11) actions is limited to the licensing actions of denial, suspension and restriction and does not include revocations. The word “revocation” was deleted from the statute in the clean-up package. 1999 PA 73. In Wilson v Secretary of State, unpublished order of the Court of Appeals, entered July 17, 2000 (Docket No. 227444), the Court of Appeals stated: MCL §257.323(3), as amended by 1999 PA 73, effective October 1, 1999, does not provide authority for a circuit court to set aside or modify the revocation of an operator's license. MCL §257.323a specifically provides that an ex parte license based on hardship is not available pending appeal.

MCL §257.323a(2) states: The court shall not enter an ex parte order staying the suspension, denial, or revocation if the order is based upon a claim of undue hardship. MCL §257.323b addresses cancellation of a minor's license upon the request of the person who signed the application on behalf of the minor; and MCL §257.323c specifies the restricted relief that is available, if authorized pursuant to MCL §257.323(3), for a first implied-consent violation appeal. Judicial review of an administrative licensing sanction is governed by the law in effect at the time the offense was committed or attempted. MCL §257.320e(6).

In your license has been revoked and you or a loved on is seeking to obtain privileges or restoration of a driving license, maybe for work, college, traveling because it is part of your regular job or for picking up your child or children for social or recreational activities, contact our defense attorneys to discuss your options and rights to have your driving license restored or request privileges under Michigan law.

DRUNK DRIVING OFFENSES (DUI)



Our firm has represented clients charged with drink driving offenses all over Michigan. In Michigan the legal alcohol limit for those over the age of 21 yrs is .08 percent. Under Michigan law if your blood alcohol level (“BAC”) is over the legal limit you will be charged with drunk driving. Note in Michigan that If BAC is below .17 and this is a first offense:

Up to $500 fine
Up to 93 days in jail
Up to 360 hours of community service

If BAC is .17 or higher and this is a first offense:

Up to $700 fine
Up to 180 days in jail
Up to 360 hours of community service

However if you have a prior conviction this could potentially effect the sentence and/or charge. Note also that in addition to this, you could also be charged with a criminal violation if person's ability to operate the motor vehicle is visibly impaired due to the consumption of alcoholic liquor, a controlled substance, or other intoxicating substance, or a combination of alcoholic liquor, a controlled substance or other intoxicating substance, MCL §257.625 ‘Operating a Vehicle While Intoxicated.’

In reading this, you should also read the section of our website relating to Driving License Restoration & Privileges under Michigan law, since a number of criminal offenses for drink driving result in the revocation or suspension of a person’s driving license under Michigan law. In discussing your case with our legal defense attorney they will enable you to prepare the best possible defense and discuss what options are available to you.

EMBEZZLEMENT



Embezzlement is generally the fraudulent conversion of property of another person in lawful possession of that property, for example, an employee who receives his employer’s property from a third person (to return to this employer) acquires possession, so that the servant who takes the property is guilty of embezzlement. Under Michigan law, a criminal charge of embezzling depends on the type of conduct.

Such as, embezzlement by agent, servant or employee, or trustee, bailee, or custodian, embezzlement of a vulnerable person, embezzlement by public officer, agent or servant, embezzlement by administrator, executor or guardian, embezzlement by of chattel mortgage, lease, or contract property by others, embezzlement in bank, deposit, trust company, or credit union, embezzlement of property belonging to person and part owner or embezzlement by warehouseman or forwarder of property receipted for.

Embezzlement can be classified either as a misdemeanor or a felony in Michigan, and is punishable by jail or a fine or both. A charge of embezzlement can be defeated if grounds for a defense is available or an alternative lesser charge substituted to avoid jail time or a fine. If you feel that you are going to be charged with such an offense, contact one of our embezzlement defense attorneys to discuss the best possible defense or options that are available to you.

EXPUNGEMENT OF CRIMINAL RECORD

CONVICTION SET ASIDE

Michigan law provides for the eligibility to have a juvenile adjudication made non-public under MCL §712A.18e (Application for Entry of Order Setting Aside Adjudication) or have an adult conviction made non-public under MCL §780.621 (Application for an Order Setting Aside Conviction). If granted these can be send to governmental departments or the Michigan Department of Corrections to have the record expunged (delete criminal history).

Certain requirements under Michigan law must be met before an order requesting to set aside a conviction or adjudication will be granted. If you qualify the law will permit your history to be removed or deleted. If you would like to know more, contact our criminal defense attorneys to discuss your options and whether you may qualify to have your conviction set aside.

FORGERY AND COUNTERFEITING



Forgery is generally defined as the creation of a false written document or alteration of a genuine one, with the intent to defraud. Counterfeiting is the process of fraudulently manufacturing, altering or distributing a product that is of lesser value than the genuine product. Both are crimes in the State of Michigan and each carry a prison term or fine, either as misdemeanor or felony, including serious prison or jail time.

Charges of forgery and counterfeiting are serious crimes; however, defenses may exist if you are charged with or under investigation. Discuss your case with our criminal defense attorneys to see the best possible aggressive defense and what options are available to you, if you are charged with or under investigation for the crime of forgery and counterfeiting or forgery or counterfeiting.

FRAUD


CRIMINAL FRAUD

There are various crimes in Michigan relating to criminal fraud. Fraud is defined as a false representation of a matter of fact, whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed that deceives or is intended to deceive another so that the individual will act upon it. Fraud in Michigan as stated is a crime and can be committed in a number of ways.

For example, MCL §750.271 Domestic Corporation, Securities, Fraudulent Issue and Sale “Fraudulent issue and sale of securities of domestic corporations—Any person or persons who shall fraudulently issue or cause to be issued, any stock, scrip, or evidence of debt, of any bank, insurance, mining or other incorporated company of this state, or who shall sell or offer for sale, hypothecate, or otherwise dispose of any such stock, scrip or other evidence of debt, knowing the same to be so fraudulently issued, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years.”

MCL §750.273 Fraudulently Obtaining Signature “A person who fraudulently obtains the signature of any person with the intent to cheat and defraud that person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both.” MCL §750.275 Warranty Deed or Similar Words “Any person who shall print, sell or keep for sale any blank forms of deeds containing the words “warranty deed”, or “warranty-deed-covenant-own-acts”, or any similar words printed or written thereon, unless such deed is in fact an absolute warranty deed, and any person who shall knowingly use any such deed for the purpose of conveying title unless the same is an absolute warranty deed, shall be guilty of a misdemeanor.”

Defeating a criminal charge of fraud can be a challenge and avoiding a prison term. A number of legal factors go into case and an experienced criminal defense fraud attorney can assist you with the proper legal defense or options that will enable you to have a fighting change to avoid a criminal conviction for criminal fraud. If you or a loved one is under an investigation or is charged with criminal contact don’t delay and contact our experienced fraud criminal defense attorneys.

GUN CRIMES & FIREARMS



MICHIGAN STATE CONSTITUTION OF 1963

ARTICLE 1, SECTION 6

“Every person has a right to keep and bear arms for

the defense of himself and the state.”

UNITED STATES CONSTITUTION

SECOND AMENDMENT (2ND Amend.)

“A well regulated militia, being necessary to the security of a free state,

the right of the people to keep and bear arms, shall not be infringed.”

Under Michigan and federal law, gun crimes or firearms can be complex, while the Second Amendment constitution right to bear arms is a fundamental principle in U.S. law; there are gun and firearms crimes for which a person can be charged with. Gun and firearm offenses fall within a broad range of situation from possession of a firearm to a concealed weapons permit or license, MCL §28.421a. Even if you have a concealed weapons permit it is illegal to carry such a firearm in certain places, for example (MCL 28.425o):

School
Day Care Center
Sports Arena or Stadium
Hospital
Court
Church
Synagogue

According the State of Michigan's Penal Code, a pistol is defined as “a loaded or unloaded firearm that is 26 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals itself as a firearm”; MCL §28.421e. A person who knowingly sells a pistol without complying with MCL §28.422, is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both.

A person 18 years of age can legally purchase a pistol from a private seller, but first must obtain a purchasing permit which is good for 30 days, MCL §28.422(4). A License to Purchase is not needed for anyone with a valid Michigan Concealed Pistol License. Below are some of the Concealed Pistol License requirements that could result in failing to issue a Michigan Concealed Pistol License, which in part states:

Operating under the influence, MCL §257.625

Refusal of commercial vehicle operator to submit to a chemical test, MCL §257.625a

Ignition interlock device reporting violation, MCL §257.625k

Circumventing an ignition interlocking device, MCL §257.625l

Operating a commercial vehicle with alcohol content, MCL §257.625m(3)

Operating an aircraft under the influence, MCL §259.185

Operating an ORV under the influence, MCL §324.81134

Operating an ORV while visibly impaired, MCL §324.81135

Operating a snowmobile under the influence, MCL §324.82127

Controlled substances, MCL §§333.7401 to 333.7461

Operating a locomotive under the influence, MCL §462.353(3)

Disorderly person, MCL §750.167

Embezzlement, MCL §750.174

False pretenses with intent to defraud, MCL §750.218

Larceny, MCL §750.356

Second-degree retail fraud, MCL §750.356d

Larceny, vacant building, MCL §750.359

Larceny, by conversion, MCL §750.362

Larceny, defrauding lessor, MCL §750.362a

Malicious destruction of property, MCL § 750.377a

Malicious destruction of real property, MCL §750.380

Receiving stolen property, MCL §750.535

Malicious use of telephones, MCL §750.540e

However if you are stopped by the police and fail to comply with the law relating to a concealed weapon or firearm, by failing to disclose it to a law enforcement officer when stopped can result in a heavy fine and suspension of your concealed weapon license permit. Other gun or firearm relates crimes carry serve penalties, such as using a firearm for robbery (see section on Armed Robbery) or assaulting some one with a firearm or gun or child or pupil committing a gun crime or firearm violation in Michigan or under Federal law.

If you are under an investigation, charge or allegation of committing a gun or firearm crime either under Michigan law or Federal law, contact our firearm defense attorneys to discuss your case. Our aggressively experienced defense attorneys will fight for your rights under Michigan and Federal law and provide you the best possible defense relating to a gun or firearm crime in Michigan or under Federal law.

ILLEGAL SEARCH & SEIZURE



A search warrant must meet the legal standard in order for it to be a valid warrant that results in a valid search. The Fourth Amendment (4th Amend.) to the U.S. Constitution points out that “no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” In a number of cases, it has come to light that the search warrant was defective for some reason, even though the police had entered the property or searched the person or seized items.

A defective search warrant can result in evidence being not allowed in a criminal proceeding against an individual. While people have a ‘reasonable expectation of privacy’ the police will execute a search warrant knowing it may not have complied with the legal standard and requirements for a valid search. Violating one’s Fourth Amendment (4th Amend.) rights is a fundamental principle in U.S., and that in so doing it automatically is a violation of the Fourteenth Amendment (14th Amend.) due process rights of the person subjected to the illegal search and search.

This also includes the illegal search and seizure of a person. In order for law enforcement to search and seize a person they must have a legal basis to do so. Searches and seizures are presumed, as a general rule, to be unreasonable in the absence of sufficient “individualized suspicion” of wrongdoing to support a finding of “probable cause.”  (Chandler v. Miller (1997) 520 U.S. 305, 308 [137 L.Ed.2nd 513, 519].)

The remedies for a warrantless search, which is performed without probable cause and without an exception to the warrant requirement [or even when a warrant is used, but where the warrant is later determined to be legally defective], subjects any recovered evidence to exclusion from being used as evidence in court.  (Weeks v. United States (1914) 232 U.S. 383 [58 L.Ed. 652].)

Our criminal defense attorneys have advised clients all over the State of Michigan on matters relating to defective search warrants, including federally issued warrants that also include searches of persons without a warrant. If you feel that you have been subject to such a violation, contact our defense attorneys to discuss your case.

JUVENILE CRIMES



Crime involving juveniles include a whole host of things such as, but not limited to:

 Larceny (Theft)
 Vandalism
Alcohol Offenses
Disorderly Person & Conduct
Simple Assault & Battery
Possession of Marijuana
Drug Crimes
Tobacco Offenses
School Disciplinary Offenses
Gun & Firearm Crimes
Dangerous Weapons
Traffic Violations
Truancy
Criminal Trespass
Fraud
Burglary
Harassment
Possession of Drug Paraphernalia
Possession of Stolen Property
Embezzlement
Resisting Arrest
Runways
Motor Vehicle Offenses & Crimes

If your child is involved in a crime or is being investigated for a crime, speak with our highly experienced juvenile criminal defense attorneys, since a number of juvenile crimes can carry a prison or jail term or a fine or both and are either a misdemeanor for a felony. You want to avoid any criminal charges or convictions for a child as these will have consequences for them in the future, such as, gaining employment or a attending college.

KIDNAPPING



Kidnapping under Michigan law is a felony punishable by imprisonment for life or any term of years or a fine of not more than $50,000 or both, MCL §750.349(3). A person commits the crime of kidnapping if the or she knowingly restrains another person with the intent to hold that person or ransom or reward, use that person as a shield or hostage, engage in criminal sexual conduct, take the person outside of the state without consent or hold that person in involuntary servitude, among other things, MCL §750.349.

In addition to this offense as person can also be charged with any other offense related to kidnapping, so that the prison or jail term is added to the charge of kidnapping (for example a charge of unlawful imprisonment of a person, MCL §750.349b). However, under Michigan law, defenses are available to a charge or investigation of kidnapping, and can result in dismissal. Contact our criminal defense attorneys to discuss your case and possible options if you are a loved one are facing a charge or investigation for this crime.

LARCENY (THEFT CRIMES)



Larceny (theft) in simple terms is the taking carrying away of personal property of another with the specific intent to permanently deprive a person of that personal property. Personal property can include a host of things such as, money, clothing, watch, computer, food products, retail items, car, book, etc, etc, MCL §750.356. In some cases, the county prosecutor can also seek an enhanced sentence based upon any previous conviction for larceny.

Larceny is a felony and can result in a prison term or jail time not exceeding 10 years, including a fine of up to $15,000. Larceny, as stated, can include a whole host of issues and be charged under separate categories, for example, Larceny by Conversion, MCL §750.362 “Any person to whom any money, goods or other property, which may be the subject of larceny, shall have been delivered, who shall embezzle or fraudulently convert to his own use, or shall secrete with the intent to embezzle, or fraudulently use such goods, money or other property, or any part thereof, shall be deemed by so doing to have committed the crime of larceny and shall be punished as provided in the first section of this chapter.”

Another example, is Larceny by False Personation, MCL §750.362 “Any person who shall falsely personate or represent another, and in such assumed character shall receive any money, or other property whatever, intended to be delivered to the party so personated, with intent to convert the same to his own use, shall be deemed by so doing, to have committed the crime of larceny, and shall be punished as provided in the first section of this chapter.” However, in Michigan a number of defenses are available to a charge of larceny and these depend largely upon the facts of the case. Contact our defense attorneys to discuss the specific issue or circumstances of your case and to discuss what options are available to you.  

MICHIGAN MEDICAL MARIHUANA


POSSESSION OF MARIJUANA

The Michigan Medical Marihuana Program (MMMP) is a state program enacted and run by the State of Michigan. The program administers the Michigan Medical Marihuana Act as approved by Michigan voters on November 4, 2008. The program implements the statutory tenets of this act in such a manner that protects the public and assures the confidentiality of its participants.

Failure to comply with the MMMP laws can result in criminal charges being filed against you by the country prosecutor for potential possession of marijuana. If you are currently under an investigation, criminal investigation or charges have been filed by the county prosecutor as it relates to the Michigan Medical Marihuana Program contact our defense attorneys to discuss your case and what options are available to you.

MURDER (HOMICIDE)



Murder in Michigan is a very serious crime. In simple terms, murder is the unlawful killing of another human being without justification, excuse or mitigation. Under Michigan law a person can be charged with degrees of murder or felony murder, which is a murder that occurs during the commission of a felony. First Degree (1st Degree) murder, which carries a life sentence, is willful, deliberate and premeditated killing. Also felony murder, which is murder committed during the commission of a felony is also first degree murder.

Even if a person delivers a schedule 1 or 2 controlled substance to another person that is consumed resulting in death, one can be charged with felony murder under Michigan law, MCL §750.750.317a. Murder can also result from death as a result of a fighting duel, which under Michigan law will result in a charge of murder, MCL §750.319, also a person present during such a duel can also be charged with murder, MCL §750.320. One should note that murder can result in a number of ways under Michigan law.

Second Degree (2nd Degree) murder is all other kinds of murder and is punishable by life imprisonment or any terms of years in the discretion of the court trying the case. Second degree murder is generally termed as depraved heart murder (extreme recklessness). Facing an investigation, charge or allegation of murder is a very serious issue and should not be taken lightly. Since, if a person is found guilty and convicted of such a crime, they can face life imprisonment without parole.

If you or a loved one is under a criminal investigation, criminal allegation or charged with the crime of murder, Michigan law does provide several legal defenses that can result in a reduction of the charge to dismissal. Contact our homicide & murder defense attorneys to discuss your specific case and the best possible options that are available to you.

MANSLAUGHTER



Manslaughter in Michigan is murder, but for several factors that can reduce the charge to manslaughter, either to involuntary or voluntary manslaughter. Involuntary manslaughter is in simple terms the unintentional killing resulting from defendant’s gross or criminal negligence and voluntary manslaughter is a killing that occurs in the heat of passion, in which the defendant had no time to premeditate or cool off. Generally, the prosecutor will always want to try and make the charge of murder stick with the defendant.

But due to the reduced charge of manslaughter, this beats the prosecutor trying to pursue the charge of murder, if the circumstances and facts are such. However, in Michigan, manslaughter can also result from other crimes such as willful killing of unborn quick child, MCL §750.322, or death of quick child or mother from use of medicine etc, MCL §750.322.

Manslaughter can also result from discharging a firearm pointed or aimed at another person resulting in death intentionally, but without malice, if the wounds, maiming, or injuries result in death, MCL §750.329. Michigan law points out that “Any person who shall commit the crime of manslaughter shall be guilty of a felony punishable by imprisonment in the state prison, not more than 15 years or by fine of not more than 7,500 dollars, or both, at the discretion of the court” MCL §750.321.

Contact our homicide defense attorneys to discuss your specific case and the best possible solution or approach to your specific case and circumstances. In most cases, as stated above, the prosecutor will seek an enhanced charge of murder to life imprisonment.

MAYHEM



Mayhem is a criminal offense in the State of Michigan and is defined under Michigan law, MCL §750.397. The law defines the crime of Mayhem in Michigan as “Any person who, with malicious intent to maim or disfigure, shall cut out or maim the tongue, put out or destroy an eye, cut or tear off an ear, cut or slit or mutilate the nose or lip, or cut off or disable a limb, organ or member, of any other person, and every person privy to such intent, who shall be present, aiding in the commission of such offense, shall be guilty of a felony, punishable by imprisonment in the state prison not more than 10 years, or by fine of not more than 5,000 dollars.”

The crime of Mayhem in the State of Michigan carries a serve jail term. Seeking the advice of a criminal defense attorney will help you or a loved one explore your options, if you have been charged with or currently are under an investigation for the crime of Mayhem in Michigan. Contact our criminal defense team to learn what options are available to you if you have been charged with or are under an investigation that relates to the criminal offense of Mayhem.

MOTOR VEHICLE CRIMES



In Michigan motor vehicle crimes basically fall into two distinct categories. The first is being cited for a civil infraction, which generally carries no jail time, but can result in points on your license or fine or both. A civil infraction generally results from a violation of local or state laws in Michigan. And then after a period of time, if points have accumulated on your driving license these can generally be removed.

The second motor vehicle crimes can result in jail time and come from a broad range of situations, such as, reckless driving, drunk driving, driving with a suspended driving license, driving without proof of insurance, under age driving. For example under Michigan law, it is a crime for someone to leave the scene of an accident and fail to report it to law enforcement, which can result in a 3 month prison sentence.

MCL §257.618 explains that “(1) The driver of a vehicle who knows or who has reason to believe that he has been involved in an accident upon public or private property that is open to travel by the public shall immediately stop his or her vehicle at the scene of the accident and shall remain there until the requirements of section 619 are fulfilled or immediately report the accident to the nearest or most convenient police agency or officer to fulfill the requirements of section 619(a) and (b) if there is a reasonable and honest belief that remaining at the scene will result in further harm. The stop shall be made without obstructing traffic more than is necessary.

(2) If an individual violates the requirements of subsection (1) and the accident results in damage to a vehicle operated by or attended by any individual, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $100.00, or both.” Reckless driving in Michigan carries a prison or jail term of up to 3 months MCL §257.626 “…a person who operates a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public, including, but not limited to, an area designated for the parking of motor vehicles, in willful or wanton disregard for the safety of persons or property is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.”

Driving without a valid Michigan driving license can also result in a prison term MCL §257.904 “…for not more than 93 days or a fine of not more than $500.00, or both” or if you have been previously convicted “For a violation that occurs after a prior conviction, by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.” If death results in a car accident Michigan law states that MCL §257.904(4) “…causes the death of another person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or both.”

Facing charges or a charge of a motor vehicle crime in Michigan will vary depending on the type of charge or allegation. Having a solid motor vehicle defense attorney on your side will greatly enhance your chances of a good defense and best possible defense. Contact our office to discuss your case and find out what options are available to you.

PROBATION VIOLATIONS



In Michigan and under Federal law a probation violation could result in jail time. Our experienced criminal defense attorneys have work with individuals all over Michigan to resolve issues and matters relating a person’s violation of there probation. We have resolved matters by discussing the specific issues with the judge, court, professional personnel, law enforcement and the county prosecutor’s office to avoid jail time or prison time. Our approach has give us respect in the legal community and provided the best possible results for our clients. Contact our office to discuss your specific needs and how we can help and assist you.

RAPE



In Michigan rape is generally laid out in the Michigan statutory rape laws. Engaging in forced or coerced sexual conduct with an adult or child under the age of 13 or 13 to 16, can result to a jail term of life imprisonment and is mainly a felony in the State of Michigan.

MCL §750.520b - Criminal Sexual Conduct (CSC”) First Degree (1st Degree)

Felony
Imprisonment for Life or for any term of Years
Lifetime Electronic Monitoring
Potential Registration Sex Offender Registry

MCL §750.520c - Criminal Sexual Conduct (CSC”) Second Degree (2nd Degree)

Felony
15 years prison or jail term
Lifetime Electronic Monitoring
Potential Registration Sex Offender Registry

MCL §750.520d - Criminal Sexual Conduct (CSC”) Third Degree (3rd Degree)

Felony
15 years prison or jail term
Potential Registration Sex Offender Registry

MCL §750.520e - Criminal Sexual Conduct (CSC”) Fourth Degree (4th Degree)

Misdemeanor
2 years prison term
Fine not more than $500
Both jail or prison term and fine
Potential Registration Sex Offender Registry

In Michigan such crimes relating to rape or criminal sexual conduct (“CSC”) are taken very seriously by law enforcement, child protection services and prosecutors. Even an allegation can potentially ruin a person life, yet there is hope and with the assistance of a solid rape & criminal sexual conduct defense attorney can give you fighting change.

If you or a loved one is facing a charge, allegation or investigation relating to rape or criminal sexual conduct do not delay, contact our office immediately to discuss your case and what options are available to you, give the nature of these types of cases. Our dedicated term of experience defense attorneys will fight on your behalf and provide you with the best possible results.

ROBBERY



Robbery in the state of Michigan generally is the illegal taking of person property of another from the person by force, fear, intimidation with the intent to permanently deprive the person. Robbery in simple terms is theft plus an assault. A charge and conviction of robbery can result in a prison term of up to 15 years. Therefore a good robbery defense attorney will be crucial to your case.

Michigan law defines robbery as: “(1) A person who, in the course of committing a larceny of any money or other property that may be the subject of larceny, uses force or violence against any person who is present, or who assaults or puts the person in fear, is guilty of a felony punishable by imprisonment for not more than 15 years. (2) As used in this section, “in the course of committing a larceny” includes acts that occur in an attempt to commit the larceny, or during commission of the larceny, or in flight or attempted flight after the commission of the larceny, or in an attempt to retain possession of the property” MCL §750.530.

If you or a loved one is under an investigation, allegation or charge of robbery, it is important that you contact our robbery defense attorneys to discuss your case and to see how we can provide you with the best possible defense depending on the facts and circumstances of your case.

SEX CRIMES



Hackett & Hackett PC, experienced Michigan criminal defense attorneys have represented clients throughout the State of Michigan on a variety of cases that relate to sexual conduct .i.e. sexual allegations, sexual behavior, charges of criminal sexual conduct, child sexual conduct, assault with intent to commit penetration, accosting a minor, child abuse, child sexual abusive material, possession of child sexual material, distribution of child sexual material, child pornography (possession & distribution), etc., in Michigan and Federal courts.

MICHIGAN CRIMINAL DEFENSE ATTORNEYS



If you are facing a charge, investigation or allegations of a sex related crime, you will need the services of a highly skilled attorney that will aggressively fight for you every step of the way and one that will know your legal rights and protections whether you face a charge, investigation or allegation. To ensure that you are not misled by the prosecutor, investigator or the criminal justice system, our goal is to fight for our client’s rights and legal defense.

MICHIGAN DEGREES OF CRIMINAL SEXUAL CONDUCT (“CSC”)



Under Michigan law, CSC is broken down into four categories, namely, 1st degree, 2nd degree, 3rd degree and 4th degree criminal sexual conduct. It is important to understand what you are being investigated, charged or alleged for or what you have committed, as the degree of CSC will determine the charges or conduct complained off.

A conviction of a CSC crime can result in you being placed on the Michigan Sex Offender Registry to imprisonment including life imprisonment or a mandatory prison term e.g. 25 years. The role of the defense attorney is to try and get the charges dismissed or provide for the best possible aggressive criminal defense to ensure the best result for the client.

Below is an explanation of the degrees of criminal sexual conduct 1st, 2nd, 3rd and 4th degree in the State of Michigan. Engaging in forced or coerced sexual conduct with a child under age the of 13 or 13 to 16, can result to a jail term of life imprisonment and is mainly a felony in the State of Michigan.

MCL §750.520b - Criminal Sexual Conduct (CSC”) First Degree (1st Degree)

Felony
Imprisonment for Life or for any term of Years
Lifetime Electronic Monitoring
Potential Registration Sex Offender Registry

MCL §750.520c - Criminal Sexual Conduct (CSC”) Second Degree (2nd Degree)

Felony
15 years prison or jail term
Lifetime Electronic Monitoring
Potential Registration Sex Offender Registry

MCL §750.520d - Criminal Sexual Conduct (CSC”) Third Degree (3rd Degree)

Felony
15 years prison or jail term
Potential Registration Sex Offender Registry

MCL §750.520e - Criminal Sexual Conduct (CSC”) Fourth Degree (4th Degree)

Misdemeanor
2 years prison term
Fine not more than $500
Both jail or prison term and fine
Potential Registration Sex Offender Registry

In Michigan such crimes relating to criminal sexual conduct (“CSC”) are taken very seriously by law enforcement, child protection services and prosecutors. Even an allegation can potentially ruin a person’s life, yet there is hope and with the assistance of a solid criminal sexual conduct defense attorney can give you fighting change.

If you or a loved one is facing a charge, allegation or investigation relating to criminal sexual conduct do not delay, contact our office immediately to discuss your case and what options are available to you, give the nature of these types of cases. Our dedicated term of experience defense attorneys will fight on your behalf and provide you with the best possible results.

STOLEN, EMBEZZLED OR CONVERTED PROPERTY



Michigan law defines the criminal offense of stolen, embezzled or converted property as “(1) A person shall not buy, receive, possess, conceal, or aid in the concealment of stolen, embezzled, or converted money, goods, or property knowing, or having reason to know or reason to believe, that the money, goods, or property is stolen, embezzled, or converted” MCL §750.535. The penalty for a conviction of this crime is also laid out under Michigan law

“(2) If any of the following apply, a person who violates subsection (1) is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the property purchased, received, possessed, or concealed, whichever is greater, or both imprisonment and a fine” MCL §750.535. Such crimes can very depending on the type of offense that the person commits, including the punishment.

If you or a loved one is under a criminal investigation, allegation or charge, contact our criminal defense attorneys to discuss your specific case and facts and how best we can serve you by providing you the best possible legal defense or discussing what options you have. It is important also to know what rights you have under Michigan and the U.S. Constitution during the investigation of the crime, more can be found on the Constitutional Rights link.

RIGHTS OF THE ACCUSED



When a person is either investigated, alleged of a crime or charged with a crime under Michigan or Federal law, they are legally entitled to rights and protections guaranteed both by the United States Constitution and the Michigan State Constitution, including state and federal law. When you are accused of a crime or criminal offense, the last thing you want to do is speak with law enforcement.

It is not the job or role of a law enforcement agency to advise you of your legal rights and protection, since the role of law enforcement is not that of a lawyer or an attorney. Law enforcement is not trained in the legal sense and therefore it is there role and job to elicit information from you, not protect your rights, but to seek criminal prosecutions against you or a loved one.  

Hackett & Hackett trained legal professionals and team, will provide you with the most effective and best way to protect your rights under the Michigan Constitution and U.S. Constitution. These rights are from the investigation, allegation and charges to trial and appeal stages of your case. You have rights and it is to your advantage that you take full advantage of these rights from the outset. Contact our offices to discuss what options you have and what rights and protections you have under Michigan and Federal law.

UNDER INVESTIGATION



Mostly all crimes in Michigan and under federal law usually undertake an initial criminal investigation. A criminal investigation will generally determine whether you have committed such a charge to warrant further charges, arrest and trial. However, in most cases, a defense attorney who gets involved in the investigation stage is able to work with law enforcement and the prosecutors’ office to help avoid any charges being filed or pursued.

The criminal defense attorney is fully aware of all the rights that an accused has under Michigan and Federal law (U.S. Constitution). The attorney becomes involved in the investigation by reviewing documents, attending interviews, video taped interviews, attendance at the crime scene, interviewing of witnesses, reviewing of evidence to see if law enforcement have properly investigated the alleged crime in question and followed mandated protocols. The criminal defense attorney becomes actively involved to ensure that all your constitutional rights are protected and enforced.

It is at the investigation stage of the alleged crime that it becomes crucial to ensure that your criminal defense attorney is actively involved and aware of the procedures and policies adopted by law enforcement and the prosecutor meet the legal standard under Michigan and Federal law. Contact our office to see how best we can serve you regarding any pending criminal investigation.

WHITE COLLAR CRIME



White Collar Crime (“WCC”) can include a number of crimes such as:

Asset Forfeiture
Bankruptcy Fraud
Corporate Fraud
Embezzlement
Financial Institution Fraud
Health Care Fraud (Medicaid Fraud)
Identity Theft
Insurance Fraud
Larceny (Theft)
Market Manipulation Fraud
Mass Marketing Fraud
Money Laundering
Mortgage Fraud
Piracy/Intellectual Property Theft
Securities & Commodities Fraud (“SEC”)

A charge or allegation can be brought against an individual or corporation for a white collar crime and the punishment can vary, depending on the type of crime i.e. felony with punishment of up to 20 years in jail or prison. If you are under an investigation, allegation or charge for a white collar crime, contact our criminal defense attorneys to discuss the specific facts of your case and how best we can provide and prepare a defense for you or a love one.

 If you are currently under an investigation, allegation or been charged with a State or Federal offense, contact our criminal defense attorneys to discuss your case and how best to advise you of your legal options and rights under Michigan law and Federal law. Our goal is to provide you the best possible legal defense based upon your particular facts and circumstances.

In association with Merit Legal Solicitors
(UK & Europe)