Criminal Defense



Whether it involves the State of Michigan or the United States government, navigating the criminal law system can be the most frightening, confusing, and emotional experience of a person’s life.  The stakes are high and can sometimes even involve life and death.  For this reason, it is extremely important that people know their rights when it comes to the criminal process.

Types of Criminal Laws
In the United States, there are typically three sets of criminal laws applicable to any person.  The first comes from the United States government.  These laws are written by Congress and signed by the President of the United States or enacted over his veto.  They often, but not always, involve crimes committed across state lines or through certain channels of commerce such as telephone lines or the Internet.  The penalties for violating these crimes can range from fines to imprisonment, and in the most severe cases involving homicide, the death penalty can be imposed.  This is true even in the State of Michigan which does not use the death penalty for violation of its state laws.  Proceedings in these types of criminal matters usually take place in the United States District Court where the defendant is indicted.

The second set of criminal laws that apply to all people are state laws.  Michigan’s state laws are passed by the Michigan House of Representatives and Michigan Senate and are signed by the Governor of the State of Michigan, or are passed over his or her veto.  Depending on the law violated, penalties for violating the laws of the State of Michigan can range anywhere from a fine to imprisonment (or both), including life without parole for the most egregious offenses.  Trials for these types of offenses can take place in either the district court in the judicial district where the defendant is charged, or in the circuit court for the county in which the district is located, depending on the type of offense committed.

The third and final set of criminal laws that apply are the laws of the municipality (city, township, village, etc.) where a crime was committed.  These are often things like zoning violations, traffic violations (which can also be violations of state law), disorderly conduct, and a range of other usually minor offenses.  The maximum penalty for violating any municipal ordinance is normally 93 days imprisonment and a fine of up to $500.  Trials or hearings for these types of offenses take place in the district court within the judicial district where the municipality is located.

Felony or Misdemeanor?
Michigan recognizes two primary types of criminal law violations: felonies and misdemeanors.  Generally, a felony is an offense that carries a maximum penalty of more than one year imprisonment.  A misdemeanor, with a few exceptions, is an offense that carries a maximum penalty of less than one year imprisonment.

Common examples of felonies include the following:

• Murder, manslaughter, and other forms of homicide
• Home invasion (commonly known as burglary)
• Vehicle theft
• Armed robbery
• Forgery
• Certain theft offenses
• Driving while intoxicated (third or subsequent offense)

Common examples of misdemeanors include the following:

• Driving while intoxicated (first or second offense)
• Disorderly conduct
• Driving with a suspended license
• Retail fraud involving smaller monetary amounts
• Domestic assault

It is important to note that some of the misdemeanor offenses involved above can be elevated to felonies depending on the circumstances involved.  The examples are purely illustrative, and it is up to the prosecutor to decide how to charge a particular offense.

There is also a third type of offense that is considered as quasi-criminal.  This is known as a civil infraction, and is punishable by a fine only.  Most civil infractions are traffic violations (speeding, failure to yield, running a red light, etc.).

What Rights do Criminal Defendants Have?
Regardless of whether they are charged with a misdemeanor or felony all criminal defendants have certain rights under the law.

First, while in custody, all people have a right to remain silent.  They are not required to answer any police questions other than identifying themselves, and may either vocally refuse to answer or simply stay quiet.

Second, all defendants have a right to be presumed innocent until proven guilty.  Our system of laws presumes that all criminal defendants are innocent unless and until they are proven guilty beyond a reasonable doubt in court.

Third, all defendants in felony and misdemeanor cases are entitled to a trial by judge or by jury at which the prosecutor must prove beyond a reasonable doubt that they are guilty of all elements of the crime for which they are charged.

Fourth, all defendants in a case where a judge may order the penalty of imprisonment, are entitled to an attorney.  They may either hire their own attorney, or if they cannot afford an attorney, the court will appoint one for them.

All of these rights however can be waived, sometimes unknowingly by a defendant who is not familiar with the system.  People may not feel comfortable refusing to answer a police officer’s questions or they may not understand the concept of being presumed innocent until proven guilty.  It is for this reason, that it is essential, that a criminal defendant have a competent attorney to assist them in knowing and exercising their rights under the law.

Computer Crimes
The invention of the Internet, including email, the World Wide Web, Newsgroups, and other technological advances, has created an entirely new area of criminal law over the last 30 years.  There are many laws that can be broken by using a computer or the Internet in a particular way or for a particular purpose.  The most common crimes committed with a computer involve child pornography, identity theft, and unauthorized entry into a computer system.

Before I became an attorney, I was a computer technician and network engineer.  I know how flawed many security measures are.  I know how easy it is to be framed for a computer crime.  I recognize that the evidence in many computer crimes is not nearly as strong as many prosecutors would like to believe it is, and I know what questions to ask in order to demonstrate just how weak such evidence is.  I know log files can be misleading, and that a computer can be hacked so that the hacker can deposit illegal files on it.  I dealt with these kinds of issues for 8 years in the IT field, and I am now bringing my experience in this area to the courtroom.

If you have been charged with a crime involving the use of a computer, please contact me using this form, and allow me to put my experience in the IT field to work for you as an attorney.  I also offer criminal defense services for nearly all other felonies and misdemeanors.  If you want a lawyer who will fight for you, contact me.

What I Offer as a Criminal Defense Attorney
First, I listen to my clients without judging them.  My duty as an attorney is to be an advocate for my client, not be their judge or jury in the case ahead of them.  I will listen to a client’s story with an open mind, with the goal of determining how to help him or her achieve the best outcome possible in their case.

Second, I will explain the elements of the prosecutor must prove to obtain a conviction against my client, so that my client is fully informed of what the charges against him or her mean.  I will also make sure the client understands what the maximum possible penalties are.

Third, I will discuss with my client in a frank and objective manner, the merits of the case and the strength of any evidence against them.  This allows the client to understand the strengths and weaknesses of their case so they can reach an informed decision on how to proceed.

Fourth, depending on the client’s wishes, I will either attempt to negotiate a plea deal with the prosecutor, or prepare for a full trial.  I will at all times respect my client’s wishes with respect to whether to plead guilty or go to trial.

Finally, I will zealously represent my clients at trial and at all other court proceedings.  I will advocate for them in the professional manner that they would expect from any attorney.  I will work toward the goal of achieving the result that my client desires.

Regardless of the type of crime with which you are charged, I can represent you and help you obtain the best outcome possible in your case.  If you want a lawyer you can depend on and who will treat you with the respect, professionalism, and competency every client deserves, please contact me.

DISCLAIMER: Nothing on this site is intended to be used or relied upon as legal advice.  If you are contemplating taking any action in a any legal matter, you should consult a licensed attorney before doing so.  Nothing on this page or this website is intended to create an attorney/client relationship between the reader and the author’s firm.  Only by signing a representation agreement with the firm will any person be considered to be a client of the firm.  If you are interested in hiring me as your attorney, please contact me by clicking here.