What’s the difference between a Magistrate and a Judge in Michigan?

In Michigan’s court system, both magistrates and judges play important roles, but they have different responsibilities and authority. Understanding the differences between the two can help you know what to expect if you find yourself in court.

What Is a Magistrate?

A magistrate is a judicial officer with more limited authority than a judge. They are often appointed by the chief judge of a court and assist judges by handling less serious matters. While they are not elected like judges, magistrates still play a crucial role in the justice system, especially in Michigan’s District Courts.

Magistrates typically handle:

• Traffic violations and small claims cases
• Setting bail and issuing warrants
• Arraignments (the first court appearance where charges are read)
• Conducting preliminary examinations in some criminal cases
• Handling informal hearings and resolving minor disputes

Magistrates are not authorized to preside over trials for more serious criminal offenses or issue final judgments in complex cases. Their role is to help ease the court’s workload by dealing with simpler matters.

What Is a Judge?

A judge is an official who presides over court cases and makes decisions based on the law. Judges handle a wide variety of cases, including criminal, civil, family, and probate matters. In Michigan, judges are either elected by voters or appointed by the governor to serve a specific term, usually six years.

Judges have broad authority and can:

• Oversee trials in both criminal and civil cases
• Make rulings on evidence and legal issues
• Decide the outcome of cases if there is no jury
• Sentence individuals in criminal cases
• Handle appeals in some cases

Judges are often seen in higher courts, such as Circuit Courts or Probate Courts, where they have more power and oversee more serious matters, such as felony cases or significant lawsuits.

In summary, while both magistrates and judges play important roles in Michigan’s court system, judges have more authority and handle more complex cases, while magistrates focus on smaller, less serious legal matters.

Since 1993 Komorn Law has provided expert legal defense for individuals facing criminal charges, DUI cases, and appeals in both Federal and State courts.

Komorn Law’s aggressive defense strategies, ensures that your rights are protected at every stage of the legal process. If you’re looking for a fighting lawyer, call us.

Note: This article provides a general overview and does not substitute for legal advice. Anyone charged with a CSC offense should consult an attorney for specific legal guidance.

The Use of Electronic Devices to Commit Crimes in Michigan

 Yes that means your cellphone…

Computer” means any connected, directly interoperable or interactive device, equipment, or facility that uses a computer program or other instructions to perform specific operations including logical, arithmetic, or memory functions with or on computer data or a computer program and that can store, retrieve, alter, or communicate the results of the operations to a person, computer program, computer, computer system, or computer network. Computer includes a computer game device or a cellular telephone, personal digital assistant (PDA), or other handheld device.

Michigan Laws on Electronic Crimes

Michigan has enacted various laws that address offenses involving the use of electronic devices.

For instance, Michigan Compiled Laws (MCL) 750.145d covers crimes involving the use of a computer to commit certain illegal activities.

According to this law, a person who uses a computer, smartphone, or any electronic device to commit or attempt to commit a crime can face serious consequences.

The legal system classifies offenses according to the severity of the crime committed using electronic devices with potential charges varying from misdemeanors to felonies based on the specific circumstances of the offense and the extent of harm inflicted on the victim.

Charges and Penalties

The severity of the charges and penalties for using electronic devices to commit crimes in Michigan depends on the underlying crime being committed.

If the crime is minor, like harassment, the person could face a misdemeanor charge.

However, if the offense involves serious crimes, like identity theft, fraud, or exploitation, it can result in felony charges.

Here are some possible penalties under Michigan law:

• Misdemeanor: A person convicted of a misdemeanor for using an electronic device to commit a crime could face up to 1 year in jail, fines, and potentially probation.
• Felony: If the crime is a felony, the penalties are much more severe. A felony conviction can result in imprisonment for up to 20 years and significant fines.

For more information on the specific laws and penalties regarding cybercrimes in Michigan, you can visit the Michigan Legislature’s website and review MCL 750.145d

Defenses

When someone is charged with using an electronic device to commit a crime in Michigan, there are several possible defenses they can raise. These defenses can help prove innocence or reduce the severity of the charges. Below are some common defenses that may be used in cases involving electronic or cybercrimes:

Lack of Intent

One of the strongest defenses in electronic crime cases is arguing that there was no criminal intent.

Many cybercrimes, like fraud or hacking, require proof that the defendant intended to commit the crime. If it can be shown that the person did not mean to break the law or was unaware of their actions, they may avoid conviction.

For example, someone may accidentally access someone else’s computer or data without realizing it’s a crime. In such cases, the lack of intent can be a strong defense.

Mistaken Identity

In some cases, a person may be wrongfully accused of committing a cybercrime simply because their electronic device or account was involved.

Cybercrime investigations can be complex, and sometimes, hackers or other criminals use fake identities or stolen devices to hide their true identity.

A person could be wrongly accused if their IP address or device was hijacked by someone else.

Proving that someone else had access to the device or network can help establish a mistaken identity defense.

Insufficient Evidence

For a conviction, the prosecution must provide solid evidence linking the defendant to the crime.

In electronic crimes, there is often a need for technical evidence, such as computer logs, internet activity, or digital communications.

If the evidence is weak, incomplete, or improperly gathered (for example, without a valid warrant), the defense can argue that there isn’t enough proof to convict the accused.

Challenging the quality of evidence or the methods used to gather it is another common defense.

Consent

In some situations, the alleged victim may have given consent to the defendant’s actions. For example, if someone is accused of accessing private data, but the owner of the data had authorized it, this could be a valid defense. If the person being accused had permission to use the computer, access files, or make certain transactions, this can be presented in court as a defense.

Entrapment

Entrapment occurs when law enforcement officers or government agents induce a person to commit a crime they wouldn’t have otherwise committed.

If the defense can prove that the police pressured the accused into carrying out an illegal act using an electronic device, entrapment can be a defense. However, this defense only works if the defendant can prove they would not have committed the crime without the influence of law enforcement.

Duress or Coercion

A person might commit a crime because they were forced or threatened to do so by someone else.

If the defendant can show that they were acting under duress—for example, being blackmailed or physically threatened to carry out a cybercrime—they might be able to avoid punishment or receive a lesser sentence.

Age or Mental Capacity

A defendant may claim that they did not have the mental capacity to understand the consequences of their actions due to their age, mental illness, or a cognitive disorder.

This defense can be used if the accused is a minor or suffers from a condition that affects their ability to form intent or comprehend the seriousness of their actions.

But in the End

Your phone is your phone and you probably called your Mom with it. Your computer is your computer and you have probably sent emails and surfed the web with it. 

As for the system putting things on your computer as evidence. One can not say that it hasn’t been done before and it’s always possible.

Better call a fighting lawyer and prepare to pay for it. Could be more cost effective for your future and cheaper than sitting in jail.  You don’t make money there. They do.

Note: This article provides a general overview and does not substitute for legal advice. Anyone charged with a CSC offense should consult an attorney for specific legal guidance.

Your breaking the law if you are using a cellphone while driving. On top of that if you’re committing a crime and you use the phone… You’re in for a prosecutor’s extra round of office high fives.

Can You Be Charged for Using Your Phone During a Crime in Michigan?

Yes, in Michigan, you can be charged if you use your phone to commit or assist in committing a crime. Michigan law treats the use of electronic devices, including phones, as serious when they are used to facilitate illegal activities. The law specifically addresses the use of electronic devices, such as smartphones, under MCL 750.145d.

Computer” means any connected, directly interoperable or interactive device, equipment, or facility that uses a computer program or other instructions to perform specific operations including logical, arithmetic, or memory functions with or on computer data or a computer program and that can store, retrieve, alter, or communicate the results of the operations to a person, computer program, computer, computer system, or computer network. Computer includes a computer game device or a cellular telephone, personal digital assistant (PDA), or other handheld device.

This law states that if someone uses a phone, computer, or any other electronic device to commit or even attempt to commit a crime, they could face serious charges. For example, if you use your phone to send threatening messages, commit fraud, or engage in illegal activities such as coordinating a theft, you can be charged under Michigan law.

If the crime is minor, like harassment, the person could face a misdemeanor charge.

However, if the offense involves serious crimes, like identity theft, fraud, or exploitation, it can result in felony charges.

Here are some possible penalties under Michigan law:

• Misdemeanor: A person convicted of a misdemeanor for using an electronic device to commit a crime could face up to 1 year in jail, fines, and potentially probation.
• Felony: If the crime is a felony, the penalties are much more severe. A felony conviction can result in imprisonment for up to 20 years and significant fines.

For more information on the specific laws and penalties regarding cybercrimes in Michigan, you can visit the Michigan Legislature’s website and review MCL 750.145d

In the End

Your phone is your phone and you probably called your Mom with it. Your computer is your computer and you have probably sent emails and surfed the web with it.

Better call a fighting lawyer and prepare to pay for it. Could be more cost effective for your future and cheaper than sitting in jail.  You don’t make money there. They do.

Note: This article provides a general overview and does not substitute for legal advice. Anyone charged with a CSC offense should consult an attorney for specific legal guidance.

Thinking about going hunting?

Not if you are a person who is prohibited from possessing a firearm in Michigan.

In Michigan, certain individuals are legally prohibited from owning or possessing a firearm. Being caught with a firearm if you fall under this category can lead to serious felony charges.

This article will explain who qualifies as a “prohibited person,” the penalties for possessing a firearm as a prohibited person, potential legal defenses, and how an experienced attorney can help.

Who Is Considered a Prohibited Person?

Michigan law and federal law prohibit certain individuals from possessing or owning firearms. A “prohibited person” can include those who fall into one or more of the following categories:

• Convicted Felons: Anyone convicted of a felony cannot possess, own, or purchase a firearm in Michigan. This restriction applies for a set period after the conviction and release, and sometimes indefinitely for certain offenses.
• Domestic Violence Convictions: Individuals convicted of a misdemeanor involving domestic violence are prohibited from possessing a firearm.
• Mental Health Status: Individuals who have been involuntarily committed to a mental health institution or who have been found legally incapacitated are generally barred from firearm ownership.
• Restraining Orders: Individuals subject to certain types of restraining orders, such as those related to domestic violence, are also prohibited from possessing firearms.

The law that governs this offense is MCL 750.224f, which makes it a crime for prohibited individuals to possess a firearm. The law includes specific restrictions on felons and others who fall into the prohibited person category.

Penalties for a Prohibited Person Possessing a Firearm

The penalties for a prohibited person possessing a firearm in Michigan are severe and can vary depending on the circumstances of the offense. Generally, if convicted, you may face:

• Felony Charges
• Up to 5 years in prison
• Fines of up to $5,000

For felons who are caught possessing a firearm, the length of the penalty may depend on the severity of the underlying felony conviction. Some convictions may lead to longer prison sentences, especially for violent felonies or crimes involving firearms.

In addition, being found with a firearm while committing another crime can result in additional charges, such as felony firearm possession, which carries mandatory prison time on top of any sentence for the underlying offense.

Legal Defenses for Prohibited Person Possessing a Firearm

Facing charges for possessing a firearm as a prohibited person can be overwhelming, but there are potential defenses that may help your case. Common legal defenses include:

• Restored Rights: In some cases, convicted felons may have their rights to possess a firearm restored after completing probation or parole and waiting the required time period. If your rights were restored, this could serve as a defense.
• Lack of Knowledge: If you were unaware that the firearm was in your possession, such as if it belonged to someone else or was placed in your vehicle without your knowledge, this could be used in your defense.
• Illegal Search and Seizure: If the firearm was discovered during an unlawful search, the evidence may be suppressed, which could lead to a dismissal of the charges. Your Fourth Amendment rights protect you from unreasonable searches and seizures, and any violation of these rights may help your case.
• Temporary Possession for Protection: In some rare cases, the defense may argue that the firearm was temporarily possessed for self-defense or protection in a moment of immediate danger.

How Komorn Law Can Help

If you’ve been charged with possessing a firearm as a prohibited person, it’s critical to have an experienced legal team that understands Michigan’s complex firearm laws. Komorn Law has over 30 years of experience defending clients in both state and federal courts, specializing in criminal defense and firearm-related cases.

Komorn Law can help by:

• Investigating the circumstances of your arrest and challenging any illegal search or seizure
• Determining whether your firearm rights have been restored
• Presenting a strong defense in court to reduce or dismiss charges
• Negotiating with prosecutors to lower the penalties or charges

If you’re facing charges for any DUI or alleged crime in Michigan, call Komorn Law (248) 357-2550 for a case evaluation today.

Note: This article provides a general overview and does not substitute for legal advice. Anyone charged with a CSC offense should consult an attorney for specific legal guidance.