Entries by Ryan Maesen

Talking to the Police and Miranda

The police must read your your Miranda rights or “Mirandize” when two conditions are met. First, you must be under arrest or be able to leave. And second, the information they are attempting to glean from you must be incriminating. Trust me, if you are being investigated for committing a crime, they are always trying […]

You can distribute child porn to yourself

Believe it or not, people in Michigan are now being charged as distributors of Child Porn merely be downloading it on their own computer. There is not need for it to be forwarded to a third party. Recently, I have noticed a number of cases in which the prosecution is charing my client with possessing […]

Proving Guilt Beyond a Reasonable Doubt

To convict some one of a crime, the state has the burdend of proving guilt “beyond a reasonable doubt.” More specifically, each element of the charged offense or offenses must be proved beyond a reasonable doubt. Reasonable doubt does not mean beyond all doubt but rather is means ” a fair, honest doubt growing out […]

What to do if I am Arrested?

There is no one right way to respond when arrested, but there are certain things that will assist your defense at a later time. 1. Don’t make any statements to the police. You don’t need to admit anything. Despite what the police say, talking is not going to help you. Why help them make their […]

Basic Felony Procedure

Here is the basic Felony Procedure in Michigan. This will vary somewhat from county to county. A felony is any charge that carries a maximum penalty of over 1 year in jail. Most felonies start with a minimum maximum penalty of 2 years. Step One: District Court Arraignment. At this stage, a District Court judge […]

Consequences of a Criminal Conviction

The penalty for a criminal conviction does not end at sentencing. While most people are relieved to be done with their case; even if they are unhappy with the result, they often do not understand that their conviction may cause numerous problems for them down the road. This article is meant to highlight some of […]

Why I Represent Criminals Part III

Defending those accused of a crime is a tremendous uphill battle. Even if the prosecution has a weak case, they will rarely admit a mistake and proceed with charges even if they know a jury will likely find against them. I don’t know why this is. Maybe ego or hubris. Sometimes they justify it by […]