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Ellen K. Michaels Criminal Defense Blog

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Court Explains the Prosecution’s Burden of Proof in Michigan Theft Cases

There is an element of intent in many theft crimes. To put it another way, the State must demonstrate that the defendant willfully stole the property of another person or individual in order to prove the defendant’s guilt. A Michigan court recently clarified the facts needed to show a defendant’s intent…

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Court Explains the Rights Afforded to Criminal Defendants in Michigan

A warrant is usually required for police officers investigating a crime to search a defendant, and a search conducted absent a warrant may violate a person’s constitutional rights. However, there are exceptions, such as when an officer has a reasonable suspicion that an individual is committing a crime. In such…

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Understanding Michigan’s Modified Expungement Laws

People convicted of crimes often fear that they will be hindered by their convictions for the rest of their lives. While a criminal history may be an obstacle with regards to obtaining housing or employment, many people are able to erase their criminal past through expungement.  Only certain convictions can…

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Court Discusses the Right to Offer a Defense in Michigan Criminal Trials

People accused of crimes typically know that they are not required to testify at trial. People often do not understand, though, that while defendants cannot be forced to offer defenses against the prosecution’s claims, they do have a statutory right to mount a defense. If that right is violated, it…

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Attorney Michaels Obtains Dismissal of Drug Charges Against a Canadian Trucker

Although recreational marijuana use is legal in many states, people can still face criminal charges for selling or distributing marijuana in Michigan. Generally, there are numerous elements the prosecution must prove to establish guilt in a drug trafficking case, including intent. As such, if there is no evidence that a…

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Arrested – Know Your Miranda Rights

If you are arrested, contact a lawyer immediately and do not say anything incriminating to the arresting officer that may be used against you as evidence in court. Did you know that you do not have to say anything to   the officer arresting you besides your name and birth…

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