The post Why do people give false confessions? appeared first on David G. Moore, Attorney at Law.
]]>However skeptical people may be about false confessions, they occur far more frequently than members of the general public tend to realize. Those who are under arrest and are facing accusations of serious criminal offenses sometimes confess to crimes they haven’t committed for a number of reasons.
Most people recognize that if they make a confession because they committed a crime, they will face criminal charges and penalties. However, they may fear what will happen to them if they don’t make a confession.
Perhaps intimidating behavior by law enforcement officers has led them to fear for their safety, and they want to confess because they think it is the safest option. Other times, police officers may have lied to them, claiming there is evidence that doesn’t actually exist. The person under arrest may confess in part because police officers assure them that if they just admit they broke the law, the penalties they face will be lower than if they go to trial.
It is almost always fear of the possible charges or consequences that someone will face if they do not enter a guilty plea that leads to a false confession. However, there are cases in which fatigue and confusion may lead to a false confession, especially if someone is under the influence of drugs or alcohol or has gone many hours without sleep when police question them.
Although it may seem hopeless to fight back against charges if someone has already admitted they broke the law, there may still be options. A lawyer could potentially help someone explain the false confession to the courts and help build a defense strategy that could lead to their exoneration.
Even when someone has already made a mistake that will complicate their case, they can still seek legal guidance in order to build the strongest possible legal defense strategy moving forward. Raising questions about key evidence, including confessions, can often be an important part of a criminal defense strategy even when someone’s situation seems open and shut.
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]]>The post 3 kinds of junk science that can affect your criminal trial appeared first on David G. Moore, Attorney at Law.
]]>As a result, your criminal defense strategy will almost certainly involve specifically countering the evidence that the prosecution uses to build its case. Specific forms of forensic evidence don’t actually hold up to scrutiny during a criminal trial, so learning about them might help you plan a more effective defense strategy. These are a few of the kinds of junk science that might be used by the state and have the potential to be successfully refuted.
There have been many cases wherein people have undergone roadside drug testing, only to return false positives. Saliva tests sometimes used by law enforcement frequently return false positive results. In fact, even field alcohol breath testing is frequently unreliable and can return false positives.
Given that there was a popular TV show not long ago that focused largely on the use of blood spatter analysis in criminal proceedings, many people put unwarranted trust in such evidence. However, there are many questions about how accurate such analysis truly is.
Especially when it is the linchpin of the prosecution’s case, it may be possible to attack the entire concept of blood spatter analysis to raise questions about someone’s involvement in an incident.
For many years, police officers and other law enforcement agents have employed a questionable series of guidelines to review how someone speaks during a 911 call reporting a crime to determine if they committed a crime.
Often, pauses, changes in tone and other minor issues, like someone stumbling over a word, can lead to otherwise unsupported claims about their true intentions. While there have consistently been questions raised about the value of 911 call analysis, prosecutors continue to use it in cases where the person they accuse was also the person who discovered a crime scene.
Understanding the junk science commonly used by prosecutors can help someone avoid a conviction when accused of a criminal offense. If you’re facing charges, it’s time to learn more about your defense strategy options accordingly.
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]]>The post How reliable are confidential informants? appeared first on David G. Moore, Attorney at Law.
]]>Confidential informants are usually people already involved in criminal activity who may have a history of substance abuse or violence. These individuals may be inmates in a facility where someone stays after their arrest or be out on the streets, possibly involved in the drug trade or other criminal activity.
Prosecutors and law enforcement agencies may give these individuals more lenient sentences or other benefits for their assistance in prosecuting people. Unfortunately, despite their wide use, there is mounting evidence that shows that confidential informants often don’t tell the truth.
Confidential informants almost always have a motive to find compelling information about someone or to help the state charge or convict someone. They may exaggerate or misrepresent the situation so that the information they provide to police officers or prosecutors seems valuable.
They may trick or coerce someone into breaking the law, only to then report them to authorities. In some cases, they might fabricate information entirely. A review of the use of confidential informants shows that many cases involving confidential informants may result in unfair convictions and successful appeals later.
In 2020, Michigan made the national news when a confidential informant who had worked with federal authorities and local police wound up implicated in a crime spree that involved six other people dying.
The informant allegedly killed six people in crimes related to drugs or money within six weeks and then killed himself while fleeing from the police. His status as a confidential informant played a role in a federal judge releasing him from state custody, which eventually resulted in him committing those horrific crimes.
When prosecutors only have a confidential informant and other circumstantial evidence to tie you to criminal allegations, you may be in a position to mount an aggressive defense strategy and prevent a criminal conviction. Learning more about your options when defending against criminal charges in Michigan can help you use the best strategy possible given the case against you and the accusations you face.
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]]>The post What you need to know about Michigan’s driver points system appeared first on David G. Moore, Attorney at Law.
]]>If you do get points on your record, they are going to stay for the next two years. For instance, you may have one violation that is only worth a single point. But if you have six of those in two years, then you have to go through a driver assessment reexamination. This also happens if you accumulate a total of at least 12 points within two years. As you will see below, some violations are worth much more than one point.
First of all, you have to consider more serious charges, like refusing to take a breath test or fleeing from the police. Another example would be any sort of moving violation that results in the death or serious injury of another individual. Driving under the influence is also included. These types of issues can get six points on your license, so it would only take two violations within two years to reach that 12-point threshold.
Impaired driving is considered to be a lesser charge that only is worth four points on your record. But you could also get four points for speeding by at least 16 miles an hour over the speed limit or for failing to yield to emergency vehicles. These are all examples of four-point violations, and then there are three point violations like careless driving, running a stop sign, speeding by at least 11 to 15 miles an hour or not stopping for a school bus.
Michigan also uses a lot of two-point violations, such as speeding from 6 to 10 miles an hour over the limit or having an open container of alcohol in the car with you. But it is important to remember that things can compound so that you are facing multiple charges. For instance, an open container could get you two points, but if it is combined with a drunk driving charge, that is going to be much more severe.
If you are facing charges and you are worried about the points on your record, be sure you know about all of your legal options.
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]]>The post Michigan still allows the controversial civil forfeiture process appeared first on David G. Moore, Attorney at Law.
]]>But did you know that the process of civil forfeiture can also be used even if someone hasn’t been charged with a crime? The police in Michigan have a lot of leeway to simply take property, and some of the stories of how they do this may surprise you.
For example, one report claims that a police chief and a mayor teamed up to carry out an impromptu fire inspection at a medical marijuana building. Medical marijuana is legal in Michigan, but the inspection was still carried out and the building was seized by the government.
No one was charged with a crime in this case, although the mayor later said that he “thought” they were. Even so, the property owners were outraged to lose their building for around 17 months simply because the mayor didn’t know that no crimes had been committed.
Furthermore, the story claims that the police department asked them to purchase two new cars. The authorities said that they could get the property back if they gave those cars to the department. They were essentially trying to barter with the person’s own property to get something in exchange.
The story eventually made it into the local news, which is what caused the police department to give the property back to the rightful owners.
But would that have happened if the story hadn’t gotten such attention or made it into the news? How many other cases are there where the police are taking assets without charging anyone with a crime and then keeping them for months, years or even indefinitely? If something like this happens to you, what type of financial harm would that cause, especially if the property that was seized by the police is related to your legitimate business?
If you do find yourself in this type of situation, it’s incredibly crucial that you look into all of the defense options you have.
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]]>The post What do civil asset forfeiture law changes mean for travelers? appeared first on David G. Moore, Attorney at Law.
]]>Those convicted of significant criminal offenses may lose some of their property as a result. However, it has long been possible for certain law enforcement officers to seize property without prosecuting someone.
Civil asset forfeiture is the process through which police take belongings they assume connect with criminal activity without convicting the owner of a criminal offense. Recent changes to Michigan’s civil asset forfeiture law might be reason for concern for some visitors.
Previously, the law required a criminal conviction for the state to seize any property worth $50,000 or more. This rule was the result of reform efforts that aimed to curtail abuses of civil asset forfeiture, especially in relation to non-violent drug offenses and those never charged with a crime. However, lawmakers have since rolled back those changes, reducing the threshold to allow for more cash seizures.
For those who fly through Michigan airports, the new floor for conviction-less seizures is now $20,000. Those traveling with large amounts of cash, possibly to buy vehicles, livestock or real property, could face the seizure of those assets due to claims that they would use the funds for drug trafficking purposes.
Individuals traveling to Michigan may need to make alternate arrangements to transport or transfer financial resources so that they don’t draw the attention of airport authorities and lose their cash.
There are ways for individuals who lose their property to civil asset forfeiture to fight the process and potentially regain what they lost. Proving either how you obtain certain property or what you intended to do with the cash that you had on you when you entered Michigan could theoretically help you fight the unfair seizure of your resources.
Learning more about civil asset forfeiture and other criminal laws in Michigan will help those dealing with complex police-related issues.
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]]>The post Can police search my home without a warrant? appeared first on David G. Moore, Attorney at Law.
]]>Your right to privacy has legal protection, but police officers often have an interest in gaining access to items and spaces that you would prefer remain private. When officers have compelling information to implicate you in criminal activities, a judge might sign a warrant that gives them permission to go through your home.
Can the police search your property if they don’t have a warrant?
In very specific situations, it may be legal for a police officer to search your home without a warrant. One of those situations involves probable cause. If a police officer hears, sees or even smells something that makes them believe there is a crime in progress in your home, they can come inside to search even without a warrant.
In fact, they don’t have to suspect you of breaking the law. Police officers can demand access to private property if they are in hot pursuit of a criminal from another location, although the severity of the crime may impact how aggressive they can be in their pursuit.
Otherwise, police officers can search your home when you give them permission. This is a trick that they frequently use to the detriment of those under investigation. Officers will simply ask if they can come inside to ask a few questions. Then they will look for anything that gives them probable cause and use that as an excuse to search even if you ask them to leave.
If you don’t know what you can and cannot do during an encounter with law enforcement, you may fall victim to bluffing or other techniques intended to manipulate you and trick you into giving up your rights. If you understand that you don’t have to let officers into your home and that they may find an excuse not to leave once you do, you will be in a better position to answer appropriately when an officer knocks on your door and says that they just want to talk to you.
Knowing when police can come into your home can help those who face police scrutiny for allegations of criminal conduct.
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]]>The post What are the benefits of having drug courts? appeared first on David G. Moore, Attorney at Law.
]]>First, let’s briefly discuss how drug court works. Instead of charging someone with <a href=”/drug-crimes/”>a drug crime</a> like possession with intent to distribute, the court diverts the case to a drug court program. Typically, this program involves addiction treatment and case management. The participant must submit to regular drug testing, supervision and court hearings on their progress. If the participant complies with the program’s terms, the court will dismiss the original charge, and the participant is hopefully ready to live a productive, drug-free life.
<h2>What are the results?</h2>
Though the first drug court appeared in the U.S. back in 1989, researching their effectiveness is challenging because every state that uses drug courts has a different system. Still, the <a href=”https://behavioralhealth-centers.com/blog/drug-courts/” target=”_blank” rel=”noopener”>National Association of Drug Court Professionals</a> says:
<ul>
<li>75 percent of graduates do not get arrested for at least two years after completing the program</li>
<li>Drug courts are six times more likely to keep someone in addiction treatment long enough for it to be effective</li>
<li>Left unsupervised, 70 percent of drug addicts will drop out of treatment before they are ready</li>
<li>Drug courts save the criminal justice system an estimated $3,000 – $13,000 per participant in incarceration, arrest and victimization costs</li>
</ul>
Some critics say that rehabilitation tends to work only when an addict recognizes that they need help and enters into it voluntarily — not forced to by a court that regularly supervises them to make sure they are following through. But experts dispute this. They say that the prospect of avoiding jail is often enough motivation to keep an addict in a program.
<h2>Is drug court right for you?</h2>
Drug court might be an option for you if you are facing drug-related charges. This can be something for you to discuss with your defense attorney.
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]]>The post How is intent to distribute determined? appeared first on David G. Moore, Attorney at Law.
]]>To get a conviction, the prosecution must prove beyond a reasonable doubt that you possessed an illegal substance and that you intended to traffic it to others. How do they accomplish this?
Since the police cannot get inside a suspect’s thoughts, the authorities take an indirect approach. Surrounding evidence is considered enough to prove the defendant’s state of mind when the police arrested them. For example, if the police say the defendant had possession of an amount of drug too large for their personal use, that could be evidence of intent to distribute. So can possession of paraphernalia like baggies, large amounts of cash and text messages or other communications from buyers.
Note that “possession” does not necessarily mean in the defendant’s hands, clothes, or even close by. It means that you knew (or reasonably should have known) that the drugs were within your control. Courts generally interpret “within control” to include inside your home, workplace, vehicle or other place you have easy access to.
Timing also matters. A person who allegedly intended to sell drugs has not committed intent to distribute until those drugs come into their possession (though prosecutors might charge the person with conspiracy).
Federal drug charges are a very serious matter. But you are not powerless. You can take action, such as by hiring an experienced defense attorney, to work toward the best possible outcome for your case.
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]]>The post What is the difference between a warrant and a summons? appeared first on David G. Moore, Attorney at Law.
]]>While many people might have a passing understanding of what purpose the summons and warrant serve based on anecdotal information or contextual definitions gleaned from popular entertainment media, it is important to understand how these documents can work in conjunction.
The summons is a legal notice that orders an individual to appear before the court or produce documents by a specifically mandated date. The court can issue a summons in either criminal or civil proceedings. Failure to comply with the court’s order leaves the individual subject to further consequences.
Individuals who received a summons but failed to appear in court at the specified time, will likely face an arrest warrant. The arrest warrant is a court order issued for law enforcement to arrest an individual and bring them before the court to answer the original charge. While a warrant is not required to make a lawful arrest, the document provides a clear notice regarding the charges being pressed against them.
No matter the severity of the criminal charge, it is wise to enlist the aid of an experienced defense attorney. With skilled legal representation, you can fight to minimize the consequences of a criminal conviction such as jail time, fines, community service or loss of driving privileges. Understanding your charges, the process and the potential penalties are likely first steps toward building a strong case in your favor.
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