Recently a state appellate court issued a per curiam decision in a defendant’s appeal of her Michigan drug offense conviction. The case arose when officers discovered a bag of cocaine in a store dressing room. An officer approached the defendant and her friend inquiring about the drugs, and the defendant admitted that the cocaine was hers. The defendant unsuccessfully motioned to suppress her confession because they were given involuntarily and in violation of her Miranda rights. A jury convicted the defendant of possession of cocaine. The officer testified that he did not threaten, restrain, or block her ability to exit the store when he approached the defendant. Specifically, he stated that he told them that he could administer a field sobriety test or send the evidence to a lab. If the sample is sent to the lab, they generally process and release the suspects. He testified that he advised them he would prefer only to arrest the person responsible. He denied making any promises regarding allowing both of them to go or about a sentence. On appeal, the defendant argued that the officer did not give her any Miranda warnings, and her confession was involuntary because the officer promised leniency. Under the 14th Amendment Due Process Clause, the Fifth and Sixth Amendments of the United States Constitution are incorporated, and apply to state governments. In line with this, Miranda v. Arizona establishes additional rights which protect criminal defendants from self-incrimination during custodial interrogations. Statements obtained during a custodial interrogation are only admissible if the defendant knowingly, voluntarily, and intelligently waived their Miranda rights. Custody inquiries involve evaluating five factors :
Here, the court found that the officer’s questioning before the defendant’s admissions did not violate Miranda. They reasoned that the officer approached the defendants to ensure that the women were the ones the employee observed and that the bag did not contain fentanyl. He explained that the defendants were free to leave during the preliminary questioning, and it only ended after she admitted ownership of the drugs. Ultimately, they found that the questioning was not custodial, and therefore he did not violate her Miranda rights. Further, the law holds that confessions induced by promises of leniency are involuntary. However, encouraging an interviewee to tell the truth does not equate with a promise of leniency. Here, the defendant did not present any evidence that supported a conclusion that the officer promised leniency. He only explained the discretionary practice of his department. Therefore, the court affirmed the defendant’s conviction. Have You Been Charged with a Michigan Criminal Offense? If you face criminal charges, contact Michigan Defense Law to discuss your rights. Our attorneys understand the lifelong repercussions that a criminal conviction can have on an individual. As such, we provide our clients with compassion, respect, and aggressive representation. We handle all types of criminal cases, including Michigan drug crimes, OWI/DUI, sex offenses, airport crimes, domestic violence, federal crimes, felonies, probation violation hearings, and violent crimes. Contact our office at 248-451-2200 to begin discussing your defense with a dedicated attorney at our firm. Via https://www.michigandefenselaw.com/blog/court-reviews-admissibility-of-confession-in-michigan-drug-case/
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Police are constantly put into dangerous positions in the pursuit of their work. Consequently, anything that creates more danger to the public and the officers when making traffic stops, making an arrest, or serving a warrant is taken very seriously. Fleeing or eluding a police officer is not only dangerous but is considered a felony offense. If you have been charged with fleeing and eluding in Michigan, it is crucial to get the help of a skilled Michigan defense lawyer to ensure that your legal rights are being protected. What is Considered Fleeing and Eluding Police in Michigan?Under Michigan Vehicle Code MCL 257.602a or Michigan Penal Code MCL 750.479a, if you fail to stop or obey a law enforcement officer, you may be charged with felony fleeing and eluding. Michigan law requires that anyone directed by law enforcement through hand signals, audible signals, voice commands, lights, sirens, or other visual or audible signs must come to a stop and stay there until directed to go. Unfortunately, there are times when an individual may not understand what they are being directed to do, feel unsafe about stopping, or misinterpret signs that they are free to go. In this case, they may be charged with a serious criminal charge because of a misunderstanding or misinterpretation. How Intent Affects a Fleeing and Eluding ConvictionFleeing and eluding do not have to involve high-speed chases with law enforcement in pursuit. You can be charged with fleeing and eluding even if that was not your intention but you acted willfully. Fleeing and eluding is considered a crime of general intent. A general intent crime means that the prosecution does not have to prove that you intended to flee law enforcement, only that you acted willfully. This means that even if you didn’t mean to elude the police, it is possible that you can still be charged and convicted of fleeing and eluding. Charges will depend upon the circumstances surrounding the incident, with 4th degree fleeing and eluding the least serious and 1st degree the most serious. Degrees vary depending on what the speed limit is where your alleged offense occurred and whether the actions resulted in injury or death to anyone. Furthermore, penalties will differ depending on if you have been charged under the Michigan motor vehicle code or penal code. Most charges come under the penal code. A criminal conviction of fleeing and eluding under the penal code can carry up to 15 years in prison, $15,000 in fines, and possible revocation of your license. Being charged and convicted under the motor vehicle code, while still a criminal charge, can result in less severe penalties. Defenses Available For a Fleeing and Eluding ChargeFortunately, there are defenses available to you if you have been charged with eluding the police in Michigan. This is when it is critical to have the skilled legal representation of an experienced Michigan criminal defense attorney on your side. If your charges cannot be dismissed entirely, they may be reduced to a lesser charge and a more favorable outcome. Paul J. Tafelski and the experienced Michigan criminal defense lawyers at Michigan Defense Law are dedicated to the legal defense of those facing serious criminal charges. If you are facing a fleeing and eluding charge, call us at (248) 451-2200 or contact us through our online contact form to schedule a free consultation to discuss your options. Via https://www.michigandefenselaw.com/blog/is-eluding-the-police-a-felony-in-michigan/ |
About UsIf you or a loved one is facing criminal charges, it can be a traumatic and confusing time. That's why it's crucial to have a skilled and compassionate attorney by your side who will work tirelessly to protect your rights and defend your case. With Paul J. Tafelskj on your side, you can have peace of mind knowing that you have a tenacious advocate who will fight for you every step of the way. FIND US ONLINE Bitly Box Diigo Dropbox Evernote Postach.io Histre Inoreader Instapaper Nimbus OneDrive Onenote Raindrop.io Todoist Toodledo Trello Tumblr Weebly Wordpress Blogger Google Drive Youtube Map Related Links About.me Behance.net Dribbble.com taplink.at Gravatar.com Carrd.co Minds.com Justpaste.it issuu.com Linktr.ee Solo.to Pearltrees Follow.it 500px Feedspot Shutterfly Skillshare Feedly Alltop Feeder Bloglovin Netvibes Mystrikingly Archives
January 2023
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