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Posts tagged "Michigan criminal defense"

Self Defense & Guns: Pratical Suggestions

When dealing with Self Defense & Guns, here are some pratical suggestions from a legal perspective.  General Gun Safety - Always keep the firearm pointed in a safe direction; Always keep your finger off the trigger until ready to shoot; Always keep the firearm unloaded until ready to shoot[1]

The Justice System: Too Many Federal Crimes

After decades of criticism from members of the Justice System, Congress has decided to create a task force to reform the federal criminal code. The task force will consist of five Republicans and five Democrats, and it will be known as the House Committee on the Judiciary Over-Criminalization Task Force of 2013.

Protecting Your Rights: Never Speak Without Your Attorney

When you have attorneys protecting your rights, there is no need to speak to the police or media.  After Jodi Arias was found guilty of first-degree murder last month, during a television interview with KSAZ, she stated, "I would much rather die sooner than later." Apparently, Arias was surprised by the jury's verdict. She told the Phoenix television station, "[i]t was unexpected for me, yes, because there was no premeditation on my part," but she also stated, "I can see how things look that way."

The Justice System: Do You Want a "Cadillac" or a "Taurus"?

In the Justice System, the right to counsel in a criminal case is a cornerstone of justice.  In the 1963 landmark decision of Gideon v. Wainwright, the Supreme Court declared that criminal defendants facing felony charges have the right to an attorney even if they cannot afford to pay for one

The Justice System: Is Failure to Help Someone a Crime?

In the Justice System in America, it is generally not criminal to fail to render asssitance to an adult who could use your help. However, recently in California a nurse employed at an independent living facility, refused to provide CPR to a dying elderly woman because the facility had a policy against administering CPR to its members. Although the facility maintains that its members were fully aware of its no-CPR policy, police have opened a criminal investigation to determine whether any criminal charges should be filed.

Sex Crimes: Child Pornography Restitution Questioned

Being convicted of sex crimes brings a heavy price, particularly in child pornography cases.  Congress says that anyone convicted of child pornography must pay mandatory restitution for the total amount of the victim's losses. While federal courts cannot agree on how the law should enforce restitution payments in child pornography cases, the Sixth Circuit Federal Court of Appeals in Cincinnati, Ohio, which covers all of Michigan, Ohio, Kentucky, and Tennessee, recently remanded two $1 million-plus restitution orders to the district court to determine the extent to which individual defendants must pay restitution where they share responsibility for the victim's injuries. The cases involved men who were ordered to pay full restitution for possessing images of the same victim, although neither man created the images, nor did they have any contact with the person in the images.

Teenage and Juvenile Crime: Mandatory Life is Too Long

When you think of Teenage and Juvenile Crime it is important to remember that the Eighth Amendment of the United States Constitution prohibits the use of cruel and unusual punishment. In 2012, the Supreme Court ruled that it is unconstitutional for states to sentence juveniles offenders convicted of murder to mandatory life sentences without the possibility of parole.

Protecting Your Rights: Where Did Privacy Go?

Protecting your rights is becoming more difficult for Michigan Criminal Defense lawyers.  It seems like every other week we're picking up the newspaper or listening to the evening news about a new way the government infringes on a person's privacy rights. As technology improves, not only do we need to worry about internet hackers, stalkers and identity thieves, but now we have to worry about the government as well.

The Justice System: Three Strikes and You're Out

In The Justice System in Michigan, it now appears that Three Strikes means You're Out.  Michigan's Legislature has passed new legislation cracking down on habitual felony offenders. Effective October 1, 2012, the Michigan Legislature updated the sentencing guidelines with the law more commonly known as the "Three Strikes Law."

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Law Office of John Freeman

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