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Explaining the Preliminary Exam Process

Wed, 08 Jan 2025 05:04:29 GMT

A preliminary examination, sometimes referred to as a probable cause hearing, is an important step in all felony cases. This hearing takes place at the district court level and determines whether a case is allowed to move on to circuit court in a process known as a bind over. Often, a preliminary exam will look like a mini trial since the prosecuting attorney will present evidence and may call witnesses for testimony at this hearing.

When Does a Preliminary Exam Take Place?

A preliminary exam is your third hearing in a felony case and happens 5-7 days after your probable cause conference. The preliminary exam occurs in the district court where you were first arraigned and is the last hearing that will occur in that district court. The purpose of a preliminary exam is for the judge to determine if the prosecution meets their burden of proof to send your case to the circuit court for the remainder of the case.

Charges can occasionally be dismissed after the preliminary exam, but this result is not typical. Your defense attorney may argue for dismissal based upon the prosecution not meeting their burden of proof but due to the low burden most cases are sent to circuit court. You may waive your right to a preliminary exam to have your case automatically sent to circuit court. There are times where waiving the preliminary exam may be advantageous to your case such as avoiding more serious charges or setting the stage for a resolution in circuit court. An attorney well versed in criminal law can help you make those decisions.

What is the Burden of Proof at a Preliminary Exam?

At a preliminary exam the prosecuting attorney must convince a judge that there is probable cause that a crime was committed and probable cause that you committed the alleged felony or felonies. This burden of proof is substantially lower than the burden of proof (proof beyond a reasonable doubt) required for a conviction at trial, and it is uncommon for a case to not be bound over to circuit court. If there are evidence issues, they can be raised at the preliminary exam to potentially have the case dismissed under MCR 6.110(d)(2).

At the preliminary exam the prosecuting attorney will present evidence and typically question witnesses to support their allegations. Prosecution usually provides the bare minimum of evidence needed to convince the judge and move the case forward. Your defense attorney will be given the opportunity to cross-examine any witnesses the prosecuting attorney calls and will be provided copies of all the evidence the prosecution possesses prior to the exam. Testimony at a preliminary exam can result in dismissal or a reduction in charges but it also may result in additional charges being added to the case.

What are the Next Steps After a Preliminary Exam?

If prosecution meets their burden of proof and your felony case is bound over that means that it has been sent to the circuit court for the remainder of the case. In Michigan, there is one circuit court for each county. Your next hearing is a second arraignment before a circuit court judge on whatever charges survive the preliminary exam. Once you have been arraigned in circuit court your case will progress there through the pre-trial and trial stages.

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When a Polygraph Exam Might Be Beneficial

Mon, 06 Jan 2025 01:41:44 GMT

Polygraphs, well known from television drama, are a controversial and much contested method of lie detection. Firstly, it is important to understand that the results of such tests are inadmissible in court. Although there is a lot of skepticism, many people still believe that polygraph testing is accurate. This belief means they can still be used as convincing evidence for a client’s innocence outside of the courtroom in the right situations.

When Should You Think About Taking a Polygraph Exam?

Although polygraphs cannot be used to prove someone’s guilt or innocence in the courtroom, they can still be a helpful tool when wielded in particular ways. Cases that rely strongly on witness testimony of interpersonal relationships such as assault, sexual assault, and domestic violence often have witnesses, victims, and suspects with conflicting accounts. In pre-charge cases a passed polygraph exam is a powerful tool to influence investigative and prosecutorial decisions. Although not a guarantee, after you have been charged a passed polygraph can also be used to ask for a dismissal or negotiate a better plea offer.

A comprehensive private polygraph test can also help you prepare for what a police polygraph would be like. It can give you and your attorney an idea of what results may be if you do consent to taking a police polygraph.Your attorney can refer you to a reputable polygraph administer who is well known to the court your case is located in. Professional reputation means a lot before the court.

The Test

Polygraph tests are designed to measure a person’s truthfulness through minute changes in a person’s body. Sensors will be placed on the person being questioned to measure pulse, breathing rate and volume, blood pressure, electrodermal activity, and motor movements. You will be asked several control questions to which the examiner already knows the answers. Then you will be asked several questions regarding the accusations leveled against you. This is known as the Control Question Test. It is the most common test given by Michigan polygraph examiners. The entire exam typically takes two to three hours. After the exam the administer will make a note of your results and compile them into a comprehensive report to be provided to you and your attorney.

The Results

Whether you pass or fail, your polygraph test and the results are private between you, the administer of the test, and your attorney. The private polygraph examiner is now a part of your defense team, and the same attorney-client privilege applies to whatever you say to them. Your attorney will be able to best advise you of the way in which you polygraph results may be beneficial to your case. There are many reasons other than guilt, including several mental health conditions, that may cause someone to fail a polygraph exam. You cannot be required to present negative results to the court or any other law enforcement administration.

My Michigan Legal, PLLC Is Here to Help

A skilled criminal defense attorney can help you navigate the complicated paths that come with facing a criminal charge. Here at My Michigan Legal our attorneys have years of experience using polygraph exams appropriately and more and can confidently guide you through the entire process. Don’t go into court unprepared. Contact My Michigan Legal and let us help you with your criminal charge today.

The Holmes Youthful Trainee Act (HYTA) Explained

Mon, 06 Jan 2025 00:23:23 GMT

As a young adult, if you find yourself facing criminal charges, you may have a path to keeping the conviction(s) off your record. In Michigan, the law acknowledges that young adults do not posses the same level of maturity as an adult over the age of 26. The Holmes Youthful Trainee act, known as HYTA, is intended to give young adults a chance at avoiding such a conviction. If a criminal conviction is placed on your record it can have severe negative consequences on employment, housing, and other areas of life for extended periods of time. HYTA is intended to instead provide rehabilitative guidance to young adults in an effort to keep them out of the criminal system in the future. HYTA was signed into Michigan law in 1966. In its original form it was available to offenders ages 17 to 21. The programs has since been expanded to young adults between the ages of 18 and 26 with additional restrictions and requirements possible for defendants over the age of 21.

Some offenses are ineligible for HYTA deferral including major criminal sexual conduct charges and offenses that carry a maximum penalty of life in prison. Previous convictions of criminal sexual conduct may make you ineligible to receive HYTA for subsequent lesser charges. Juvenile delinquency and traffic offenses may also not be deferred under HYTA, including Operating While Intoxicated charges.

How Does the Holmes Youthful Trainee Act (HYTA) Work?

If you intend to seek HYTA as a young adult you must entry a guilty plea to the offenses you are charged with. HYTA may be requested more than once and applied to multiple crimes for eligible defendants. If the court accepts you into youthful trainee status, the conviction will not be entered and the court and Michigan State Police records will become non-public.

The Michigan Supreme Court has said that HYTA should be applied liberally but the defendant must still demonstrate to the judge that they are a good candidate. Support letters from friends and family and community service can be good ways to show that you are working on your behavior and deserve a second chance. Most often, youthful trainees are assigned to a period of probation, fines, and restitution to victims. A defendant that receives HYTA may still be incarcerated but it is rare. If you are incarcerated, you may still be eligible for work release programs.

Different conditions both in court and during probation may be applied to defendants due to differences in age. If the defendant is over the age of 21, prosecution must consent to admit the defendant into youthful trainee status. Defendants over the age of 21 may also be subjected to electronic monitoring during their probationary period. All defendants will be asked to maintain employment or schooling during their probationary period.

Violation of any of the rules or conditions of your probation may result in the revocation of your HYTA status. Any violation will result in a hearing to determine if you are allowed to remain a youthful trainee. While judges do not like to remove HYTA, there may be additional conditions imposed in order for you to remain in the program. Upon completion of the probationary period and any other terms or conditions set by the court, your case will be dismissed and your record will be sealed by both the court and the Michigan State Police. You will not need to disclose information about the crime to a future employer, school, or landlord unless asked specifically about dismissed court cases.

My Michigan Legal, PLLC Can Help

Being charged with a crime as a young adult can be scary. Criminal convictions can have severe and lasting consequences on employment, housing, and education. My Michigan Legal attorneys have years of experience helping young adults qualify for HTYA. Contact us today to talk about your eligibility under the Holmes Youthful Trainee Act.

Understanding Michigan’s Criminal Laws: A Guide for Defendants

Sat, 22 Apr 2023 21:33:00 GMT

If you have been charged with a crime in Michigan, it is important to understand the criminal laws in Michigan. While each case is unique, understanding the specifics of the crime you are charged with and the potential consequences can help you make informed decisions about how to move forward with your defense. In this article, we will provide an overview of Michigan's criminal laws to help you better understand your situation.

Criminal Law in Michigan

Michigan's criminal laws are outlined in the Michigan Penal Code . The Penal Code covers a broad range of offenses, including assault, robbery, theft, drug offenses, homicide, and sexual assault. The penalties for these crimes vary widely depending on the severity of the crime and other factors.

One important thing to note is that Michigan is a " three strikes " state. This means that if you are convicted of three felony offenses, you could face life in prison without the possibility of parole due to being a habitual offender. As a result, it is particularly important to understand the consequences of even minor criminal offenses, as they can have long-term implications for your future.

Classification of Crimes

In Michigan, crimes are classified as either misdemeanors or felonies. Misdemeanors are less serious offenses, such as driving under the influence, minor drug offenses, and disorderly conduct. Misdemeanors carry a maximum of one year in jail for certain offenses. Felonies, on the other hand, are more serious offenses such as homicide, sexual assault, and drug trafficking. Felonies generally carry much more severe penalties, including significant jail or prison time and fines.

Sentencing Guidelines

Michigan uses a set of sentencing guidelines to determine the penalties for felony criminal convictions. These guidelines take into account the severity of the crime, the defendant's prior criminal record, and other factors that may impact the defendant's sentence. The guidelines are advisory, which means that judges are not required to follow them, but they are often used as a starting point for determining the appropriate sentence.

In addition to the sentencing guidelines, Michigan also has mandatory minimum sentences for some offenses. This means that, regardless of the specifics of your case, you will face a minimum amount of jail time if convicted of certain crimes.

Defenses to Criminal Charges

If you have been charged with a crime in Michigan, you have the right to mount a defense. There are several common defenses to criminal charges, including self-defense, lack of intent, and alibi.

Self-defense is a common defense to assault charges. If you reasonably believed that you or someone else was in danger and acted in self-defense, you may be able to successfully argue that your actions were justified.

Lack of intent is another common defense to criminal charges. If you can demonstrate that you did not intend to commit the crime you are charged with, you may be able to have the charges against you lowered or dismissed.

Finally, if you can provide proof that you were somewhere else at the time of the crime, you may be able to argue an alibi defense. This can be particularly effective if you have eyewitness testimony or documentation to support your alibi.

Conclusion

Being charged with a crime is a stressful and difficult situation, but understanding Michigan's criminal laws and your rights as a defendant can help you make informed decisions about your defense. If you are facing criminal charges in Michigan, it is important to contact an experienced criminal defense attorney who can help guide you through the legal process and fight for your rights. Call us at My Michigan Legal today so we can help.

Defending Against Drug Charges in Michigan: Strategies and Outcomes

Sat, 22 Apr 2023 21:24:15 GMT

Drug charges are taken seriously in Michigan, and convictions can result in severe consequences, including jail time, fines, and damage to your reputation. If you or someone you know is facing drug charges in Michigan, it is essential to act swiftly and work with an experienced criminal defense attorney who can help defend against these charges. In this article, we will discuss strategies and outcomes for defending against drug charges in Michigan.

Strategies for Defending Against Drug Charges

There are several strategies that a criminal defense attorney may use to defend against drug charges in Michigan. These strategies include challenging the legality of the search or seizure that led to the discovery of drugs, arguing that the drugs belong to someone else, and negotiating a plea bargain to reduce charges or penalties.

Challenging the Legality of the Search or Seizure : If the search or seizure of drugs is in violation of the Fourth Amendment to the U.S. Constitution, a criminal defense attorney can argue that the evidence should be suppressed. This could lead to the dismissal of the case or a reduction in the severity of the charges.

Challenging the Possession of the Drugs : If the drugs were not found in the direct possession of the accused, then it may be argued that the drugs in question were not the Defendant’s. Additionally, it may be important to have the drugs retested to determine what the composition of the substance is.

Negotiating a Plea Bargain : In some cases, negotiating a plea bargain may be the best option. A criminal defense attorney can work with the prosecutor to negotiate a deal that reduces charges or penalties in exchange for a guilty plea. This could reduce the length of the sentence or avoid lengthy court proceedings altogether. In some cases, it can lead to a dismissal of charges after a probationary period.

Outcomes for Drug Charge Cases

The outcome of a drug charge case in Michigan depends on several factors, including the type and quantity of drugs involved, the defendant's criminal history, and the defendant's personal circumstances. However, there are a few typical outcomes for drug charge cases in Michigan.

Dismissal of the Case : In some cases, a drug charge case may be dismissed because of a lack of evidence or due to a legal reason. Legal reasons can include the suppression of evidence due to a bad search or a break in the chain of custody that renders the evidence inadmissible.

Acquittal : If the prosecution cannot prove beyond a reasonable doubt at a trial that the defendant committed the alleged drug crime, the result may be an acquittal, which means the defendant is found not guilty.

Plea Deal : If the defendant enters a guilty or no contest plea as part of a plea bargain, they will be convicted of the drug charges and may face reduced charges or penalties. If the defendant pleads guilty under a deferred sentence or first offender program, then a conviction can be avoided. Additional convictions can also be avoided through a plea deal.

Trial Conviction : If the defendant is found guilty at trial, then they will be convicted of the drug charges and may face significant jail time, fines, and other penalties.

Conclusion

Drug charges can have severe consequences in Michigan, but there are strategies that a criminal defense attorney can use to defend against these charges. Whether it is challenging the legality of the search or seizure, arguing that the drugs belong to someone else, or negotiating a plea bargain, an experienced attorney can develop a suitable defense that gives you the best possible outcome for your case.

If you or someone you know is facing drug charges in Michigan, it is essential to work closely with a criminal defense attorney who has experience with drug charges. They will help you understand your legal options and work with you to develop a defense that protects your rights and ensures the best possible outcome. Call us at My Michigan Legal today so we can help.

The Process to Restore Your Gun Rights in Michigan Following a Conviction

Sat, 22 Apr 2023 15:26:59 GMT

If you have lost your gun rights in Michigan due to a conviction, you may be wondering if there is a way to restore them. The good news is that in some cases, it is possible to regain your rights to possess firearms. However, the process can be complicated and time-consuming, so it is important to have a clear understanding of the requirements before you begin.

Eligibility

First, you should determine if you are eligible to have your gun rights restored. In Michigan, certain types of convictions automatically result in a permanent loss of gun rights. These include felony convictions that involve the use or attempted use of force or violence, or those that involve a controlled substance. If your conviction falls into one of these categories, you may not be eligible for restoration of your gun rights. Michigan Law under MCL 28.424 prescribes what is required before gun rights can be restored.

Assuming that you are eligible, the first step in the process is to obtain a copy of your criminal record. You can do this by contacting the Michigan State Police and submitting a request for your criminal history. You can also look it up online using ICHAT . It is important to carefully review your record to ensure that all of the information is accurate.

Application for Restoration of Gun Rights

Next, you will need to complete an application for restoration of your gun rights. This application will require information about your conviction, including the date, the charges, and the sentence. You will also need to provide information about your personal and professional history, including employment and education.

Once you have completed the application, you will need to submit it to the Michigan State Police. The application will be reviewed by the Michigan Department of State Police, which will determine whether you meet the eligibility requirements for restoration of your gun rights.

If your application is approved, you will need to attend a hearing before a judge. At the hearing, you will be required to present evidence that demonstrates that you have met certain criteria. This may include evidence of rehabilitation, such as completion of a treatment program or community service. You may also need to provide character references and other documentation that supports your application.

Once the Judge Makes a Decision

If the judge grants your application, you will receive a court order restoring your gun rights. It is important to keep a copy of this court order in a safe place, as you may need to provide it as proof of your restored rights in the future. It is worth noting that the process to restore your gun rights can take several months, or even longer. It is important to be patient and to follow all of the steps carefully to ensure that your application is complete and accurate.

It is important to understand that restoration of your gun rights is not automatic. Even if you meet all of the eligibility requirements and present compelling evidence at your hearing, the judge may still choose to deny your application. This is why it is critical to submit your strongest application possible.

One common reason for denial is if the judge determines that restoration of your gun rights would not be in the best interests of public safety. This may occur if your conviction involved a serious violent crime, or if there is other evidence to suggest that you may pose a risk to others.

Conclusion

Restoration of your gun rights in Michigan is a complex and time-consuming process. It is important to carefully review your criminal record and to understand the eligibility requirements before beginning the process. If you are eligible, it is critical to follow all of the steps carefully and to provide compelling evidence at your hearing. With patience and persistence, it is possible to regain your rights to possess firearms in Michigan. If you are looking to restore your gun rights, then give us a call at My Michigan Legal so we can help.