Facing jail time at sentencing is a scary prospect for almost everyone. However, the Law Office of John Freeman, PLLC, has used its years of experience to put together information that could prove important for those facing incarceration at the Oakland County Jail (OCJ) or other local jails:
In The Justice System, Prosecutors have an enormous amount of discretion in a criminal case. As a former prosecutor in the State of New York, and the Federal System in Detroit, I had the ability to decide who should be charged with a crime, what felony and misdemeanor charges should be filed, and when charges would be filed. Like all prosecutors, I also had the ability to negotiate plea bargains, dismiss charges, and recommend downward departures at sentencing. However, prosecutors cannot engage in conduct that amounts to selective or vindictive prosecution. For ethical prosecutors, this is not a problem. Unfortunately, some prosecutors cross the line. A recent google search for "prosecutorial misconduct cases" yielded over 150,000 results in .28 seconds.
As previously discussed, the Justice System is full of examples of technology advancements being used against individuals. However, the converse is also true as demonstrated in a recent Wayne County case. Recently, two Michigan brothers were released on bond after spending almost 25 years in prison for first degree murder. The Highers brothers always maintained their innocence throughout their trial and subsequent conviction. It finally took a Facebook post over two decades later for the brothers to experience the freedom that appears to have been wrongly taken away from them.