Michigan Specific Rules

Question 1

Administrative Search - Arrestees and Impounded Cars

Answer 1

In Michigan, for an inventory search to be reasonable, the prosecution must establish that:

1. an inventory search policy existed,
2. all officers are required to follow the policy,
3. the officer actually complied with the policy, and
4. the search was not conducted in bad faith.

The search need not be the least intrusive means.

Question 2

Charging in Michigan - Steps

Answer 2

1. Arraignment
2. Preliminary Examinations

Question 3

Arraignment in Michigan

Answer 3

• D’s in misdemeanor and felony cases have the right to an arraignment hearing
• Judge will advise the D of the charges against them and the maximum penalties associated with each charge
• Judge will determine conditions for release and set bond
• Must take place no later than 48 hours after arrest if the D is in custody - beyond that time period the delay is presumptively unreasonable

Question 4

Preliminary Examinations in Michigan

Answer 4

• D’s charged with a felony have a right to a preliminary exam - is a substitute for a grand jury
• Judge determines whether there is probable cause to prosecute
• Prosecution has to prove that there is probable cause the crime was committed and there is probable cause (debatable question of fact) that it was committed by the D

Question 5

Plea Bargaining in Mi - Requirements

Answer 5

• A judge needs a factual basis for the plea
• A plea agreement must not be illusionary
  
  • is illusionary when D does not benefit from the bargain
  • can be withdrawn if illusionary

Question 6

Plea Bargaining in MI - Judge Involvement

Answer 6

• The judge should not state on the record the length of the sentence that, based on the information available to the judge, appears to be appropriate for the charged offense unless a party requests it
• If the judge gives a sentence she thinks is appropriate, the judge can later change her mind
• However, if the judge later changes her mind, the D can withdraw their plea before sentencing Id they had relied on the preliminary evaluation
• Defendant may seek disqualification of the judge

Question 7

Plea Bargaining in MI - Role of Prosecutor and Judge

Answer 7

• The prosecutor has wide discretion to charge but the prosecutor has no right to dictate the sentence.
• Prosecutor’s role in sentencing is limited to informing the court of the charge

Question 8

Sentencing Agreement

Answer 8

• The Prosecutor and the D have the ability to enter into a sentencing agreement where the D agrees to plea guilty and the prosecutor agrees to a specific sentence.
• These agreements must be in writing and signed by the parties or stated on the record.
• Judges do not have to accept these agreements

Question 9

Sentencing Guidelines

Answer 9

• Mandatory Sentencing guidelines created by the legislature violates a D’s 6th Amendment right to a jury trial
• A judge can depart from the guidelines as long as the departure is reasonable
• Guidelines are merely advisory

Question 10

Michigan Mandatory Discovery Disclosures

Answer 10

Common law required disclosures

+

Parties must comply with requests for names, addresses, or statements by witnesses

Criminal records that a party plans to use for impeachment

the resume of any expert witness that may be called at trial

a list of all criminal convictions of any person that is expected to be called as a witness

A description and opportunity to inspect any physical evidence

Question 11

Michigan Right to Counsel for Indigent Defendant

Answer 11

• An indigent defendant has a right to an appointed attorney whenever the offense charged requires on conviction a minimum term in jail or the court determines it might sentence the D to jail
• If an indigent D is without an attorney and has not waives the right ti an appointed attorney, the court may not sentence the D to jail

Question 12

Right to self-representation in Michigan

Answer 12

Implied in the 6th Amendment of U.S Const. and guaranteed by Michigan Law

If a Def. wants to represent themselves, the trial court must:

1. make sure the waiver request is unequivocal
2. make sure the waiver is knowingly, intelligently, and voluntarily made, and
3. be satisfied that the defendant will not disrupt, unduly inconvenience, and burden the court and administration of court business

Question 13

What should be done if a judge does not comply with the self-representation requirements and the Defendant is convicted?

Answer 13

A motion for a new trial should be made

Question 14

Waiver of a Right to an Interpreter

Answer 14

• If the D does not speak English, the D is required to voluntarily, knowingly, and intelligently, waive their right to have an interpreter assist them at trial.
• Otherwise, the court has an obligation to provide an interpreter or to obtain the D’s personal, informed, waiver

Question 15

Michigan Right to a Jury

Answer 15

A defendant has a right to a jury trial in all criminal prosecutions in which there is a possibility of any jail time (including misdemeanors)

Question 16

Number of Jurors

Answer 16

12-person juries are mandatory unless the offense is a misdemeanor or the parties have stipulated otherwise

Question 17

Jury Selection in Michigan

Answer 17

• before beginning voir dire, the court should give the jury instructions and have them sworn in
• the scope of voir dire is to determine whether there are grounds for challenges for cause of gaining knowledge to facilitate an intelligent exercise of preemptory challenges
• The court may conduct voir dire or permit the lawyers to do so

Question 18

How many peremptory challenges are allowed in criminal cases in Michigan?

Answer 18

• 5 per each side
• If Def. faces life in prison then defendant gets 12

Question 19

Michigan Right to a Speedy Trial

Answer 19

• The D is presumed to have been prejudiced if there is a delay of 18 months or more
• If it then the prosecutor’s burden to show there’s no prejudice to the D