Many times in the field of criminal law there are questions that need to be answered. We have received emails and texts on certain issue which will help people navigate the criminal justice system. We will provide insight on issues below:
Question I: My son is being investigated for a CSC in Washtenaw County. The Michigan State Police have asked my son to take a polygraph. Should I allow my son to take the test? My son is 16 and has learning disabilities.
Answer: Washtenaw is in a transition right now. The Brian Mackie regime is close to an end and either Eli Savit or Arianne Slay should take the office in another direction. With that said, under the current administration most people are getting charged with a CSC based on a mere allegation. There are two prosecutors in that office that are abusing bonds and overcharging. When a young person gets charged it is always a difficult situation for the family but I much rather deal with the charge and fight from there as opposed to submitting a child with disabilities to a police polygraph. You do not have the right to counsel at the polygraph. There is a lot more that goes into this situation but that will provide some insight.
Question II: I am being investigated for a CSC in Shiawassee County. The allegation is from several years ago and it is my ex-girlfriend that is making the allegation. Do you have any advice?
Answer: Here is the bad news. Shiawassee is a difficult place to face such a charge. There is little tolerance for CSC’s in that community. Judge Matthew Stewart will simply not tolerate it. The good news is that Judge Stewart is an extremely fair man and Scott Koerner is the prosecutor. If Scott Koerner thinks that you are guilty he is going to go to war for the victim but he’s a very open minded individual. He was a defense lawyer for years so he understands both sides of all issues. There is a 3-step plan to provide you the best possible defense. This is not an issue to take lightly. The 3-step plan will provide you the best possible defense.
Question III:I am being investigated in Huron Township for a CSC. I’m not sure what county that is in but the allegation is from 12 years ago. The police want to interview me. What advice do you have?
Answer: In Huron Township I’ve dealt with certain officers. The reality is the entire point of their interview is to get a confession out of you and if you are innocent and have proof of such it will not matter. I would pass on any request for an interview, it will not help your situation.
Question IV: My son lives in Ypsilanti, Michigan and is being investigated for felonious assault. The prosecutor told our lawyer if we do not agree to a polygraph to prove there was no intent, they will charge my son with attempted murder. Can you provide us advice?
Answer: First of all, I’m sure that I know who the prosecutor is. He always makes those type of threats. You cannot test intent in a polygraph, it’s simply not testable. If the prosecutor amends the charges, get ready to go to war. As charged, if your son is between the ages of 17-24 (last day of 23rd birthday) he is HYTA eligible. As charged this is not a tragic situation but I’ve seen this happen before in Washtenaw. The most important thing to tell you at this juncture is to keep your son off of social media because there are prosecutors in that office that will “Facebook stalk” to gather new evidence.
Question V: I live in Detroit and have been charged with drinking and driving. I blew a .13 and have never been in trouble with the law. Any advice?
Answer: There is a lot going on in Detroit right now and while an OUIL is never a pleasant thing to go through, Wayne County is one of the more reasonable counties for that charge. I would get an alcohol assessment, start going to AA meetings (during COVID they are mostly on Zoom) and provide proof of employment to your attorney. Cases such as these are simply character building. If there was no accident and nobody was injured you have a good chance to plead the charge down to an impaired.