SADO: Spotlight: Shannon Smith
In an interview with the State Appellate Defenders Office, Shannon answered a few questions. Please tell us about your background, where you practice, and how long you have been a criminal defense lawyer. While my practice is in Oakland County, my cases are truly spread across the state. I have been practicing since 2005, however, […]
How Long Does a Michigan Criminal Sexual Conduct Case Take?
One common frustration our clients find is the amount of time it takes to get through a case involving criminal sexual conduct. Most people and their close family members become easily annoyed about the amount of time it takes to get through a case as they want to move on with their lives. Whether the […]
Defending Cases with an Incapacitated or Physically Helpless Complainant
In our Michigan practice, a number of our criminal sexual conduct defense cases are date-rape type allegations where both the accused and the complaining witness have engaged in a night of drinking. In some cases, the complainant will say they don’t remember a thing and believe they may have been sexually assaulted. In other cases, the complainant […]
“But There is No Evidence!” The Lack of Evidence Required for Criminal Sexual Conduct Cases
At Smith Lehman, many of the cases we handle are “he said — she said” situations. You would think these cases are simple – one person makes a claim with absolutely no physical or corroborating evidence – no DNA, no fingerprints, no eyewitness corroboration, absolutely nothing to back up their allegations. The only thing a falsely […]
Hiring a Female Lawyer for a Criminal Sexual Conduct Case
Recently, there has been some attention in the media about R. Kelly having a female lawyer as part of the legal team representing him in his New York federal trial. Many of the articles discuss whether the choice to have a woman was a strategic move on Kelly’s part, similar to other high-profile clients like […]
Tips to Be a Great Fact Witness in a Trial
At trial in Michigan criminal sexual conduct cases, the accused person does not have to present a defense or any witnesses on their behalf. While many other lawyers do not present evidence or call witnesses at trial, our office most often does. We find that although we do not need to prove anything in the case, […]
How is Bond Determined in Michigan?
When a person is charged with a crime, the first court hearing that will happen is an arraignment. At the arraignment, the accused is provided a copy of the complaint and learns the specific laws they are alleged to have broken. The Court will make a determination at the initial arraignment regarding bond. To determine […]
HYTA in Criminal Sexual Conduct Cases
When our firm represents young people accused of sex crimes, Shannon Smith is often asked if there is any way to resolve a case with no criminal record. Michigan does have a law called the Holmes Youthful Trainee Act (HYTA) that allows for young people who plead guilty to certain offenses to be free of […]
Miranda Warnings – When Do the Police Have to Read Me My Rights?
We have all seen TV shows where a police officer or detective is arresting a suspect and reads the person being arrested their rights: You have the right to remain silent…anything you do say may be used against you…You have the right to an attorney…If you cannot afford an attorney one will be appointed to […]
Tips for the Family to Follow During a Criminal Case
Many of our clients come from good families who have good intentions and want to help their loved one prove their innocence in a case. We do have some important information that family members who want to be helpful should know so that they do not get in the way of the case or create additional evidence […]