Qualifying for a Public Defender in Michigan

Qualifying for a Public Defender in Michigan

In Michigan, individuals charged with a crime have the constitutional right to legal representation.

In Michigan, individuals charged with a crime have the constitutional right to legal representation. For those unable to afford a private attorney, the state provides public defenders to ensure fair legal proceedings. Eligibility for a public defender is primarily determined by assessing the defendant’s financial status to establish indigence.

Defining Indigence in Michigan

Under Michigan law, a defendant is considered indigent if they cannot secure qualified legal representation without enduring substantial financial hardship. Several criteria are used to evaluate this status:

  • Public Assistance Recipients: Individuals receiving benefits such as food assistance, Temporary Assistance for Needy Families (TANF), Medicaid, disability insurance, or residing in mental health or substance abuse facilities are presumed indigent.

  • Income Threshold: Defendants earning less than 140% of the federal poverty level are presumed indigent.

  • Incarceration Status: Those currently serving a sentence in a correctional facility are presumed indigent.

If a defendant doesn’t meet these presumptive criteria, they may still qualify for a public defender through a detailed assessment. This evaluation considers the seriousness of the charges, monthly expenses, and local private attorney rates to determine if hiring private counsel would cause substantial financial hardship. The goal is to ensure that all defendants have access to adequate legal representation, regardless of their financial situation.

6th Amendment

In Michigan, individuals who are unable to afford legal representation have the right to receive a court-appointed criminal defense attorney. To initiate this process, they must submit a statement outlining their financial circumstances when requesting an attorney through the Michigan Courts.

Process for Obtaining a Public Defender

To request a public defender in Michigan, defendants should follow these steps:

Application Submission: During the initial court appearance, inform the judge of the need for a public defender. The court will provide an application form requiring detailed financial information.

Financial Assessment: Complete the application honestly, detailing income, assets, and expenses. This information helps the court determine eligibility based on indigence criteria.

Court Review: The judge reviews the application to decide if the defendant qualifies for a public defender. If approved, an attorney from the public defender’s office or a court-appointed private attorney will be assigned to the case.

It’s important to note that defendants cannot obtain a public defender before their first court appearance. Therefore, it’s crucial to request one promptly during this initial hearing.

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Role and Expertise of Public Defenders

Public defenders in Michigan are licensed attorneys employed by the state to represent indigent defendants. Despite common misconceptions, many public defenders are highly skilled and experienced, often handling a wide range of criminal cases. However, due to limited state budgets, public defenders frequently manage heavy caseloads, which can impact the amount of time and resources they can dedicate to each case.

For defendants who do not meet the indigence criteria or prefer private representation, hiring a private attorney is an option. Private attorneys may have more flexibility and resources to devote to a case, but their services come with associated costs.

Sources of Information

Michigan Indigent Defense Commission (MIDC): The MIDC was established by the Michigan Indigent Defense Commission Act of 2013 and sets the standards for indigent defense services in the state. More information can be found on their official website.

Michigan Legislature: The Michigan Legislature’s website provides the legal framework for indigent defense services, including the MIDC Act and related statutes.

Federal Public Defender: Various legal resources and defender offices in Michigan offer additional information on public defender qualifications and services.

Sometimes our posts provide a general overview of things with opinionated sarcasm and dry humor by the writer to lighten the same old same old of other law sites.  It does not substitute for legal advice. Anyone charged with a criminal offense should consult an attorney for specific legal guidance. BTW. True Fact: When Michael Komorn fights the justice system there is only one focus. You and your rights.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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Here we go…remember these laws can change at any moment because that’s what the politicians do that you don’t.

Earned Sick Time Act

Because everyone is sick…sometimes

Read more on your own time.

AN ACT to require certain employers to provide certain employees with paid medical leave for personal or family health needs, as well as purposes related to domestic violence and sexual assault; to specify the conditions for accruing and using paid medical leave; to prescribe powers and duties of certain state departments, agencies, and officers; and to provide remedies and sanctions. 

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Bonus Law

Flashing Your Headlights

This is one of those “it depends” situations.

Michigan law states that it’s illegal to use or flash your high beams within 500 feet of another vehicle. It’s unlikely that you’ll be ticketed for doing it, but it could happen.

Or to warn other drivers of a speed trap…

Drivers must use a distribution of light that’s high enough and intense enough to see people and vehicles at a safe distance. When approaching an oncoming vehicle within 500 feet, drivers must aim their lights so that the glaring rays don’t go into the other driver’s eyes.

Here’s the Law – MCL 257.700

The violation, which is considered a civil infraction, will carry a 2-point penalty for “improper use of lights/failure to dim.

Now let’s talk about those “low beam” LED headlights where you have to just grip the steering wheel and go blindly forward.

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If you have been accused or charged with a crime.
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Attorney Michael Komorn

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State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Disclaimer: This article provides a general overview and does not substitute for legal advice.  As with any law it can change or be modified and research should be done before you rely on any information provided on the internet. Although we make all attempts to link relevant laws these laws can often be gray and corrupted to fit a narrative. Anyone charged with any alleged crime should consult an attorney for specific legal guidance.

Search and Seizure – Consent or Plain view

Search and Seizure – Consent or Plain view

The Fourth Amendment was established to protect individuals from unreasonable searches and seizures, yet there are exceptions.

In Michigan, understanding the concepts of search and seizure, particularly regarding consent and plain view, is crucial for both law enforcement and citizens.

The Fourth Amendment protects individuals from unreasonable searches and seizures, but there are specific circumstances under which law enforcement can legally conduct a search without a warrant.

Search and Seizure Basics

Search and seizure refers to the process by which police officers can investigate a person’s property or belongings to find evidence of a crime.

Under the Fourth Amendment, any search must typically be supported by probable cause and conducted with a warrant.

However, two significant exceptions to this rule are consent searches and plain view seizures.

Consent Searches

Consent occurs when an individual voluntarily agrees to allow law enforcement officers to conduct a search. It is essential that this consent is given freely without coercion or intimidation.

In Michigan, if someone consents to a search of their home or vehicle, anything discovered during that search can be used as evidence in court.

This means if you invite police into your home and they find illegal substances or weapons during their investigation, that evidence can lead to criminal charges against you.

You might as well invite the devil in.

Plain View Doctrine

On the other hand, the plain view doctrine allows officers to seize evidence without a warrant if it is clearly visible while they are in a lawful position.

For example, if police are conducting an investigation outside your house for unrelated reasons (such as responding to noise complaints) and they see illegal items through an open window or door, they can legally seize those items without needing your permission.

The key difference here lies in how the police come across the evidence:

Consent requires permission from the individual being searched while plain view relies on what officers observe from their legal vantage point.

So keep your shades closed and your doors locked. You do not have to answer the door when the police or anybody come knocking.

Understanding these concepts not only empowers individuals regarding their rights but also highlights how crucial it is for law enforcement agencies to operate within legal boundaries when conducting searches. 

Knowing your rights when it comes to search and seizure—especially concerning consent versus plain view—can make all the difference in protecting yourself legally in Michigan.

For more details about the laws follow these links

 

Case Example: Search and Seizure – Consent – Plain view

Defendant moved to suppress coffee filters seized from a detached garage suspected of being the site of a methamphetamine manufacturing operation, that motion should have been allowed because the officers lacked consent to search and did not lawfully seize the coffee filters.

“In 2015, police officers arrested defendant, Michael Brian McJunkin, after responding to reported suspicious activity at a house in Battle Creek. When the police arrived, they noticed the smell of ammonia permeating from a detached garage and suspected methamphetamine (meth) manufacturing. The officers later discovered an active ‘one-pot’ meth laboratory and coffee filters containing ground up pseudoephedrine, a primary component in meth manufacturing. … Because we hold that the officers lacked consent to search and did not lawfully seize the coffee filters, we reverse.

“The parties agree that the officers did not have a warrant to search Wightman’s garage or the Explorer. McJunkin challenges the trial court’s conclusion that the search and seizure was legally justified under the consent and plain-view exceptions to the warrant requirement.

“We hold that the trial court clearly erred by ruling that Wightman freely and unequivocally consented to the search of his garage because the ruling was based on factual findings that were not supported by the evidence.

“Based on these errors, we conclude that the totality of the circumstances did not support a finding that the officers had consent to search the garage. As discussed, to establish the consent exception to the warrant requirement, evidence must show that the officers received consent that ‘is unequivocal, specific, and freely and intelligently given.’ … The evidentiary hearing disclosed no consent to search the garage that meets any of those criteria and, therefore, we reverse the trial court’s decision.

“For these reasons, the trial court erred by ruling that the consent and plain-view exceptions to the Fourth Amendment warrant requirements applied to the officers’ seizure of evidence from McJunkin’s vehicle.”

Read the court opinion (PDF).

Read the dissent (PDF).

Defend Your Future with Michigan’s Top Criminal Defense Attorney

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Facing Criminal Charges?

When you’re caught in the turmoil of criminal charges, every moment counts. The anxiety of potential jail time, hefty fines, and a tarnished reputation can be overwhelming. You may feel lost and unsure about where to turn for help.

The Consequences of Inaction

The stakes are high. A conviction can lead to long-lasting repercussions—affecting your job, relationships, and even your future opportunities. Without a strong defense, you risk losing everything you’ve worked hard for. Don’t let fear dictate your fate.

Expert Legal Representation

Our Michigan Top Criminal Defense Attorney is here to provide the expertise and support you need during this challenging time. With years of experience in navigating the complexities of criminal law, we craft personalized defense strategies tailored specifically for your case.

Why Choose Us?

Proven Track Record: Our attorney has successfully defended countless clients against various charges, earning a reputation for excellence in the courtroom.

Personalized Approach: We understand that every case is unique; we take the time to listen and build a defense strategy that fits your specific situation.

Your Advocate: We will fight tirelessly on your behalf, ensuring that your rights are protected every step of the way.

Your Freedom Is Our Priority

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Disclaimer: This article provides a general overview, or opinions and does not substitute for legal advice.  As with any law it can change or be modified and research should be done before you rely on any information provided on the internet. Although we make all attempts to link relevant laws these laws can often be gray and corrupted to fit a narrative. Anyone charged with any alleged crime should consult an attorney for specific legal guidance. Articles may be 3rd party or contain opinions and information that do not reflect the current stance of Komorn Law.

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A drunk driving investigation, a car wreck and a blood draw

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A Case Summary: People v. Blake Anthony-William Barton

On October 11, 2024, the Michigan Court of Appeals issued a decision in the case People of the State of Michigan v. Blake Anthony-William Barton.

The case involved a drunk driving  investigation following a car accident in Britton, Michigan.

Case: Lenawee Circuit Court LC No. 23-021272-FH

Background

The incident occurred on September 10, 2022, at approximately 2:00 a.m.  Officer David Low of the Raisin Township Police Department responded to a car accident at the intersection of Sutton Road and Ridge Highway. He found a vehicle in a wooded area off the roadway, with the driver, later identified as Barton, partially pinned underneath the car.

Barton admitted to consuming alcohol earlier in the night and claimed he was on his way to a rodeo. However, it was already 2:16 a.m., well past the time any rodeo would have ended.

Medical Treatment and Blood Draw

Barton was transported to ProMedica Toledo Hospital in Toledo, Ohio, for treatment. While there, medical staff drew his blood for medical purposes, not under arrest.

Two days later, the prosecutor’s office requested the chemical analysis of Barton’s blood from the hospital.

The prosecutor’s office sent a letter to Toledo Hospital requesting that it provide Barton’s chemical analysis from September 10.

The Prosecuting Attorney for Lenawee County signed the letter. Specifically, he requested:

Please provide to the Raisin Township Police Department the complete chemical analysis of the above-named subject that was performed on or about September 10, 2022.

This request is submitted in accordance with Ohio Revised Code, 2317.02, which is attached for your reference.

This is an open and pending investigation. Please mail the records to the Raisin Township Police Department . . . (emphasis omitted).

The letter did not attach a copy of Ohio Rev Code 2317.02 as it stated.

Instead, the prosecutor’s office provided a Michigan Attorney General opinion detailing the enforceability of MCL 257.625a(6)(e) prior to a person’s arrest.

In response, Toledo Hospital sent the chemical analysis results to the police department. The chemical analysis disclosed that Barton’s blood and urine samples, which indicated a blood alcohol level of 0.23 and the presence of tetrahydrocannabinol (THC).

Legal Proceedings

The Lenawee Circuit Court initially granted Barton’s motion to suppress the blood evidence due to a perceived technical  noncompliance with Michigan Compiled Laws (MCL) 257.625a(6)(e).

 (e) If, after an accident, the driver of a vehicle involved in the accident is transported to a medical facility and a sample of the driver’s blood is withdrawn at that time for medical treatment, the results of a chemical analysis of that sample are admissible in any civil or criminal proceeding to show the amount of alcohol or presence of a controlled substance or other intoxicating substance in the person’s blood at the time alleged, regardless of whether the person had been offered or had refused a chemical test. The medical facility or person performing the chemical analysis shall disclose the results of the analysis to a prosecuting attorney who requests the results for use in a criminal prosecution as provided in this subdivision. A medical facility or person disclosing information in compliance with this subsection is not civilly or criminally liable for making the disclosure.

However, the prosecution later submitted evidence showing that the court’s decision relied on a factual error.

Consequently, the Michigan Court of Appeals reversed the circuit court’s decision and remanded the case.

This goes to show you can still fight a case even when you think all is lost.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Disclaimer: This article provides a general overview, or opinions and does not substitute for legal advice.  As with any law it can change or be modified and research should be done before you rely on any information provided on the internet. Although we make all attempts to link relevant laws these laws can often be gray and corrupted to fit a narrative. Anyone charged with any alleged crime should consult an attorney for specific legal guidance. Articles may be 3rd party or contain opinions and information that do not reflect the current stance of Komorn Law.

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Police say they can tell if you are too high to drive

Police say they can tell if you are too high to drive

Police say they can tell if you are too high to drive. Critics call it ‘utter nonsense’

Haley Butler-Moore sped up to pass a semi on the highway when she suddenly saw the police lights.

She’d left Albuquerque hours earlier, heading to a Halloween party in Denver. Tired from the long drive, she recalled being nervous as she pulled out her paperwork. The trooper asked Butler-Moore to come sit in the patrol car.

“Do you use any recreational drugs?” asked the officer, as captured on the body camera.

“No,” said Butler-Moore.

“OK, because your eyes are saying something completely different. So how much have you used today?”

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

‘Police science’

At the police station, the DRE officer, one of more than 8,000 scattered in departments across the country, asked Butler-Moore to recount everything she did that day.

“If there is no impairment, it will come out here,” the officer told her, the entire evaluation recorded on bodycam.

But the officer had concerns. Butler-Moore had put the wrong date, from the day before. That’s because, Butler-Moore said, she didn’t realize it was already after midnight.

Read the whole story here at MLive

Disclaimer: This article provides a general overview, or opinions and does not substitute for legal advice.  As with any law it can change or be modified and research should be done before you rely on any information provided on the internet. Although we make all attempts to link relevant laws these laws can often be gray and corrupted to fit a narrative. Anyone charged with any alleged crime should consult an attorney for specific legal guidance. Articles may be 3rd party or contain opinions and information that do not reflect the current stance of Komorn Law.

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