Michigan Criminal Defense Legal Questions

The testimony of a witness is evidence. If he says you did it, that is enough to find probable cause you did it, and therefore it is enough to bind you over for trial. You might still win the trial if the jury does not accept the testimony of the witness as constituting proof beyond a reasonable doubt. This appears to be a winnable case, though winning would not be guaranteed. Good luck.... Read More

The letter ONLY relates to the civil penalty (kind of a statutory reward for catching shoplifters). You do not have to pay it. I encourage clients not to pay unless sued in civil court. If you pay that will NOT stop the criminal prosecution. If convicted you can end up with a record but if you hire a good criminal attorney, depending on circumstances (facts, history, court, judge, store, prosecution) is may be possible to get a plea that does not include a permanent record.... Read More

You see videos made by the public as the basis of criminal prosecutions all the time. Think Rodney K8ng and any other time police get caught on tape assaulting a suspect. No different just because it is a neighbor doing the taping. After all you were on a public roadway & by its very name there is no expectation of privacy there. Actually you don't even need the video to be prosecuted. A witness could have filed the complaint based just on what they saw.... Read More

The charge of armed robbery carries a penalty of life or any term of years. When a person gets a term of years, there is a minimum and a maximum. I know someone who recently got 20 to 40 years for an armed robbery case. If a defendant gets life it is parolable life, meaning that he can be considered for parole at any time after 10 years (though most lifers serve far, far more than 10 years). If the defendant has not yet been sentenced, consult with the lawyer about what you can do to keep the sentence at a minimum. Personally appearing at the sentencing could help, as well as a letter. The prior record will tend to hurt him. If anyone was injured in the robbery that would tend to hurt him. There are sentencing guidelines that apply, but to calculate them I would need to know a lot more about the case and the defendant's background. His lawyer can calculate them. Under the ruling in People v Lockridge, the sentencing guidelines are only advisory, and the judge can sentence higher or lower than the guidelines if he or she finds it appropriate.... Read More

The arrest and conviction of two people on the case does not prevent the prosecutor from charging additional people who were believed to have participated in the crime. The prosecutor will still need evidence of your involvement to proceed with a prosecution. Evidence can include the statements of witnesses or participants in the crime.... Read More