Michigan Criminal Defense Legal Questions

A motion can be made to the judge to lower the bond, or make it a personal bond, because the defendant's liberty interest has been interfered with for an unreasonable period of time. Whether it wins is up to the judge, but his ruling can be appealed. In my view, being held a year without trial is outrageously unreasonable, but I am not the judge.... Read More

Asking you to take a polygraph test does not show a strong case against you. Instead, it shows the opposite, because if they had a strong case they would just arrest you. The purpose of the request is to get you answering questions, and is supplemented by the "post-polygraph" questions they usually ask after they declare that you have failed the test. The police are allowed to lie to you to get you to make statements. You should not answer any police questions, period, with only three exceptions I can think of: 1. You are claiming self-defense. 2. You are claiming that you had permission from the owner to take the car, enter the home, etc. 3. You had a prescription for the drugs. The police know that polygraph tests are very unreliable, so unreliable that Michigan courts will not even allow them into evidence at a trial. You should tell the police that you will not be answering questions without your attorney present. If you have no attorney, then you will not be answering questions at all.... Read More

There is a fairly recent ruling from the Michigan Court of Appeals that there is no expectation of privacy in your license plate and number (no constitutional protection) because it is displayed for the whole world to see. There is also no issue with the police running the plate number to check on whether it matches the vehicle, is properly registered, if the owner of the vehicle has a valid operator's license, etc. This is very common police practice, and is legal.... Read More

Talk to a lawyer. If you were my client in my county, you would not go to jail and chances are if you and your family can scrape up the money, you can settle this case for restitution and have the charges dismissed. You cannot do this on your own. Ask around for a good attorney who will give you a fair price for this as it should be wrapped up at the first hearing. This advice applies unless of course, you are a repeat offender and have done this type of thing multiple times in the past. If that is the case, make plans to relocate to the county slammer for a few months. Travel light to court.... Read More

You should show up for court as soon as you can. Best time is morning, Monday through Thursday. People who walk in normally get better treatment than those who have to be dragged in. If you walk in you might get an arraignment quickly, with your bond being set at that time. Because you would be coming in, the judge might find that you can be trusted to come back, and then give you a personal bond (no money required now). You are right that you should have been informed of the criminal charge when you posted the bond on the traffic warrant, but that is not a defense to the crime, and does not require the case to be dismissed. They have 2 years after the alleged offense to charge a person with a misdemeanor.... Read More

If they need the police officer to prove their case, and the case is unproven without him, then his absence should lead to dismissal. However, if a witness and victim testified, and their testimony makes a case against the defendant, then the prosecutor would not have to call the officer as a witness. You have the right to call the officer if you choose to.... Read More

I would go to the police department in question, and make out a report that the officer (hopefully you have his name) threatened to arrest you if you did not allow a search of your home. Tell them he also threatened to have you fired from your job. Tell them you are here to turn yourself in for the arrest. Of course, the officer was lying to you, as you do not have to permit the police to search your home without a warrant, except in "exigent circumstances." If there were any exigent circumstances, he would have pushed by you to enter the home without your consent. If the local police will not take your complaint, bring it to the State Police. The officer in question is breaking the law, and needs supervision by higher authorities, which will not happen without a citizen complaint.... Read More