The police lied in the search warrant
Recently, we were able to obtain a dismissal of charges in a serious felony drug case because the regional drug team (BAYANET) lied in the search warrant affidavit. In this case, the police alleged that they used a helicopter to fly over the target house and viewed it with a FLIR (forward looking infrared) camera. […]
The prosecution can’t use statements made during plea negotiations against you.
Today, the Michigan Court of Appeals released an opinion in People v Mantrease Datrell Smart (COA No. 314980), which held that statements made during plea negotiations are not later admissible against a criminal defendant. While most attorneys did not seriously doubt that this was the law, the Genessee County Prosecutor appealed after the trial court suppressed statements […]
Is the prosecutor trying to use your prior criminal history against you?
Whether it is as a habitual offender notice or in scoring the sentencing guidelines, the prosecution will frequently attempt to use prior criminal convictions to increase the penalty in a new case. If you weren’t represented by an attorney and did not validly waive your right to counsel, you may be able to challenge the […]
The police want me to take a polygraph – what should I do?
You may be aware that polygraph examinations are generally not admissible in court. While the results of the exam are not admissible, anything you say during the exam is admissible. The reason that the police want you to take the exam has very little to do with the results of the exam. Polygraph examiners are […]
Won’t the police believe I’m guilty if I hire an attorney?
Perhaps. But let’s be honest, the police didn’t contact you on a whim. They already suspect, if not firmly believe, that you’re guilty. Don’t fool yourself. Many, many innocent people are in prison. Google the “Innocence Project” for information about some of the people who have been exonerated after spending years or decades in prison. […]
A police officer called and wants to ask me questions. What should I do?
Unfortunately, we normally receive this question too late. The police are trained to try to make contact in person so that they can surprise the subject. When a police officer shows up at your work or home and starts asking questions, it is much harder to resist and exercise your right to remain silent. This […]
The forfeiture process in Michigan
In Michigan, forfeiture is a civil process by which the State attempts to permanently seize property that is related to a criminal enterprise. Any property that was used to facilitate a crime or was purchased with the proceeds of a crime may be subject to forfeiture. Some of the government’s favorite items to seize are […]
Veterans Treatment Courts a Better Way to Assist Veterans in the Criminal Justice System
As more and more soldiers return from war, they are struggling in many ways. As a country, we have in so many ways failed our veterans who have served us so nobly. We have not provided the support that they need to deal with the physical, emotional, and financial struggles that have resulted from their […]
Judge Kenneth Post’s suspension for jailing Miel & Carr lawyer begins
In December 2011, attorney Scott Millard was in the 58th District Court representing a client on a charge of Minor in Possession of Alcohol. Mr. Millard was simply in court for an arraignment — a hearing at which time the judge tells the accused what he is charged with and sets bond conditions, if necessary. […]
Testifying in a Murder or Felonious Assault Case – Could it win you your freedom?
Many criminal defense attorneys do not advocate defendants taking the stand in their own defense, particularly when they are on trial for murder or serious assaultive cases. At Miel & Carr, we recognize that the decision to have a client testify has to be made on a case-by-case basis, but our general preference is to […]
