Tag Archives: Legal Defense

In 2002, a black man was convicted of sexual assault and sentenced to serve between 12 and 35 years behind bars as a result. However, the Michigan Court of Appeals have since awarded him a new trial because not one person in the 42-member jury is African American–ultimately protecting his constitutional right to a trial by jury of peers.

In a new ruling handed down by the Michigan Court of Appeals, it is possible for a defendants under the jurisdiction of the Court be placed on the Sex Offender Registry retroactively. As long as the convict is on probation, the prosecution can request to have he or she placed on the registry at anytime. However, the law also allows defendants to be placed on the registry for crimes against minors, which are not generally considered sexual offenses by nature.

In a recent ruling, the US Supreme Court handed down a decision that clarified the scope of the Sex Offender Registration and Notification Act (SORNA)–potentially affecting many convicted sex offenders who were convicted and relocated prior to the effective date of the law.

Even though repeat offender Robert Wilber narrowly escaped jail time after pleading guilty to Michigan theft charges, he is still ordered to compete three years of probation–still restricting many enjoyed personal liberties and freedoms.

In an effort to curb drug distribution and illegal gun use in Detroit, law enforcement officials have stepped-up enforcement, looking for suspicious persons breaking minor laws so they can legally question and search them. Despite the good intentions, some Civil Rights organizations claim that the task unit is just designed to racially profile innocent people.

Last week, a Macomb County Circuit judge tossed out a bioterrorism charge held against an HIV-positive man accused of biting someone in an attempt to spread the deadly virus. Although the state passed a bioterrorism charge in the wake of the 1998 Oklahoma City bombing and an anthrax scare, Daniel Allen’s Michigan criminal defense attorney successfully argued in court that the legislation was misapplied in this case.

In a precedent setting decision, the Supreme Court has redefined how a criminal suspect is to invoke their Miranda rights. Previously, a suspect could assert their Fifth Amendment right to remain silent simply by remaining silent. Now, following a 5-4 ruling, those under interrogation must explicitly tell police that they wish to remain silent.

As the economy continues to dwindle and many find themselves strapped for cash, it is likely that numerous people statewide are receiving many unwanted calls from credit card companies regarding unpaid balances. As failing to pay owed debts can bring significant consequences on a person, it is important to keep your rights in mind when interacting with creditors, so that the experience is as painless as possible.

Even though the First Amendment guaruntees Americans the right to free speech and peaceful protest, it is still possible to be arrested for criminal charges while acting within the scope of one’s Constitutional rights. In a recent case, police arrested six people for trespassing, while they were protesting the construction of a sacred Native American site under construction.

Just because a person is a celebrity, does not mean that their lives are any less affected by being accused of drug charges–they will not only face great legal consequences, but also an arguably more tarnished reputation, being a public figure. Such is the case of a former Michigan State basketball player who was implicated recently for trafficking and possession of drugs.