Wesley Todd PLLCWesley Todd PLLC2026-11-13T11:32:49Zhttps://www.wesleytoddpllc.com/feed/atom/WordPress/wp-content/uploads/sites/1103579/2024/01/cropped-site-icon-wesley-32x32.jpgOn Behalf of Wesley Todd PLLC<![CDATA[Porch privacy, doorbell cameras and conviction: What to know]]>https://www.wesleytoddpllc.com/?p=2563192026-11-13T11:32:49Z2026-11-13T11:32:49Z“Porch piracy” is a common term for package theft where someone spots a package left on the doorstop of a residence and takes it – usually to sell the contents later. In Michigan, an accusation of porch piracy can lead to a mail theft charge and serious consequences.
Because so many homes now have doorbell cameras, it isn’t unusual for an incident to be caught on film – but looks can be deceiving. The camera may not clearly capture the face of the person involved, and it can never show their intent. A prosecutor still has to prove every element of the charges beyond a reasonable doubt to get a conviction.
What does Michigan law say about package theft?
Michigan’s mail theft law defines mail to include packages. It prohibits the taking, holding, hiding or destroying of mail addressed to someone else with the intent to defraud someone or deprive the intended recipient of the package’s contents. A first violation is a misdemeanor punishable by up to a year in jail, a fine of up to $500 or both. A second or subsequent violation is a felony punishable by up to five years in prison, a fine of up to $1,000 or both. A clear recording from a doorbell camera may help identify who picked up a package, but it is not irrefutable evidence of guilt. A grainy clip taken at night may even leave a lot of room for doubt about what happened and who did it. Even when the person is clearly visible, the angle might keep the camera from showing exactly what was taken. A low-quality video feed or blurry photos from the doorbell camera can be challenged. It may also be possible to dispute the presumed intentions behind someone’s actions. Shared entryways in duplexes and townhomes can make it easy for someone who is expecting a delivery to grab the wrong box. Or, they may have been trying to do a good deed by picking up a neighbor’s package that was sitting out in the cold and protecting it from rain, snow or actual thieves. Honest mistakes happen, and there can be no conviction without an intent to deprive someone of their property. If you picked up the wrong package and are now facing charges, remember that you have the right to speak to an attorney before you answer any questions. Saying nothing cannot hurt your defense. An attorney can review the evidence, explain the specific charge you face and assess whether the prosecution can prove its allegations. ]]>On Behalf of Wesley Todd PLLC<![CDATA[Is it shoplifting if you never left the store?]]>https://www.wesleytoddpllc.com/?p=2562872026-11-02T14:30:09Z2026-11-02T14:30:09ZThe holiday shopping season is already here, and it won’t be long before the stores start feeling crowded. Between chaotic aisles, long checkout lines and the rush for bargains, shopping can get hectic – and mistakes can happen. Unfortunately, misunderstandings can lead to accusations of shoplifting.
But can you actually be charged with stealing something if you never left the store?
Michigan law doesn’t require you to leave with something
Under the state’s retail fraud laws, codified in MCL 750.356c and MCL 750.356d, you don’t necessarily have to walk out of a store with something you haven’t paid for to face criminal charges. What matters is only whether the prosecutor can establish that you had the intent to steal the merchandise.Shopping can become shoplifting in several different ways. Switching price tags, attempting fraudulent returns, concealing items on your person without paying for them and similar acts can all lead to prosecution. While simply picking up an item and carrying it around with you for a while as you consider buying it doesn’t speak to criminal intent, tucking it in your pocket while you continue to look around might support the accusation.
Mistakes can happen, especially when shoppers are rushed
During the holiday shopping rush, innocent actions may appear suspicious to store employees or security guards. You could accidentally place an item in a shopping bag as you adjust your scarf and forget it was there, or your child could sneak a toy into their stroller when you aren’t looking. Then, even though you haven’t gone past a register or tried to leave the store, you could find yourself in a very uncomfortable situation with store security. If that happens, remember that an accusation does not establish your guilt. Because retail fraud can be charged as a misdemeanor or felony depending on the value involved, it is wise to invoke your right to remain silent and ask for an attorney. Do not sign any statements given to you by the store security officer or management. Do not attempt to explain yourself. An experienced criminal defense attorney can help you understand your rights and the real strength of any evidence against you.
]]>On Behalf of Wesley Todd PLLC<![CDATA[What happens after mutual accusations of domestic violence?]]>https://www.wesleytoddpllc.com/?p=2562842026-10-16T22:46:55Z2026-10-16T22:46:55ZHow do police decide whom to arrest?
Under Michigan law, officers investigating domestic violence allegations are supposed to consider multiple factors when deciding whether to arrest one or both parties, such as:
Who was injured, how seriously and what might have caused those injuries
Whether either person had reason to fear harm to themselves or another in the household
Evidence of previous violence, threats or abuse between the parties
Witness statements, photographs, 911 recordings, text messages and other available evidence
Importantly, Michigan law also says officers should not arrest someone when they have reasonable cause to believe that person acted legally in self-defense or the defense of another.
Can both people face domestic violence charges?
Yes. Michigan law allows police to arrest both parties when the circumstances justify it. However, an arrest doesn't automatically mean criminal charges will follow. That’s up to prosecutors after the facts have been reviewed.
Even when both parties admit to using physical force, that doesn't necessarily mean both committed a crime. Someone who pushed, struck or restrained another person while reasonably defending themselves may have a valid self-defense claim.
Being accused of domestic violence can be frightening, particularly when you believe you were the victim. However, trying to resolve the situation directly with the other person can create additional problems, especially if a no-contact order is in place. Early legal guidance can help you understand your rights, evaluate the evidence and protect yourself against unjustified charges.]]>On Behalf of Wesley Todd PLLC<![CDATA[What evidence does the prosecution have to turn over?]]>https://www.wesleytoddpllc.com/?p=2562802026-10-03T14:15:19Z2026-10-03T14:15:19Zcalled discovery.
What evidence must prosecutors disclose?
In general, prosecutors have to provide all relevant evidence, including that which tends to be exculpatory (clear the defendant of blame or mitigate their actions) or useful to impeach (undermine) the credibility of the state’s witnesses. Evidence that must be shared can include:
Police reports: Reports, notes and other records relating to the investigation and alleged offense.
Witness statements: Statements from witnesses, including statements that may contradict their expected testimony.
Video and audio recordings: Body camera footage, surveillance videos, recorded interviews with the authorities and other relevant recordings.
Physical and forensic evidence: Information about seized property, DNA testing, fingerprints, lab reports and other scientific evidence.
Statements by the defendant: Relevant statements allegedly made to police or others.
Witness credibility information: Certain criminal records, prior statements and other information that could be used to challenge a prosecution witness's credibility.
Expert evidence: Reports, qualifications and other required information concerning experts the prosecution intends to use.
What if evidence isn’t properly disclosed? Depending on the circumstances, the court may order additional disclosures, exclude evidence that would otherwise help the prosecution or even dismiss the case.
Reviewing discovery and the prosecution’s compliance with procedure – with the assistance of a skilled criminal defense attorney – is an important part of a defense, especially in complex criminal cases where conviction or acquittal can hinge on small details.]]>On Behalf of Wesley Todd PLLC<![CDATA[How to deal with a criminal arrest]]>https://www.wesleytoddpllc.com/?p=2562762026-09-19T14:33:33Z2026-09-19T14:33:33ZBeing arrested can be overwhelming. This can be true, especially when you are unsure what will happen next. However, the actions taken immediately after an arrest can affect how your case develops.
While an arrest does not automatically mean you are guilty of a crime, the government has to follow the required legal process and prove its case. Taking sensible steps from the beginning can help protect your interests while allowing you to make informed decisions about what happens next.
What should you do after an arrest?
The following steps can help you navigate the early stages of a criminal case:
Remain calm: Arguing with officers or resisting arrest can create additional legal problems. Keep your interactions respectful and controlled.
Exercise your right to remain silent: You generally do not have to explain your side of the story during an arrest. Apart from providing information legally required, avoid discussing the allegations until you have received legal advice.
Ask for legal counsel: Request a defense counsel as soon as possible. Seeking legal guidance before questioning or making important decisions can help you understand the accusations and available options.
Do not talk about your case publicly: Avoid sharing the arrest details on social media or discussing the allegations with friends, acquaintances or other people who may later become witnesses.
Follow release conditions: If you are released on bail or another form of pretrial release, carefully follow every condition. Violating those requirements can result in additional consequences.
Keep important documents: Preserve paperwork given to you during the arrest and any court documents that follow. These records may help your defense team understand the timeline and procedural history.
The right response after an arrest depends on the charges, circumstances and applicable law. Getting help early can help you understand your current situation and prepare for the next stage of the criminal process. ]]>On Behalf of Wesley Todd PLLC<![CDATA[Auto theft tech can result in serious penalties under Michigan law]]>https://www.wesleytoddpllc.com/?p=2562742026-09-05T12:44:32Z2026-09-05T12:44:32Z90% of all auto thefts involve the use of a device called an Auto ProPAD.
These devices can program a blank key fob to be used to enter and operate a vehicle. They’re sometimes used to steal multiple vehicles from dealership lots. Large pickup trucks are particularly common targets here in Michigan.
What does Michigan law say?
Michigan law has stiff penalties for possession of an AutoProPAD with intent to use it and even harsher penalties for those who do use it to steal a vehicle. Note that locksmiths and those whose jobs require them to use these devices for legitimate purposes can legally possess them.
The law states that anyone who knowingly possesses an “electronic device or tool that is designed or adapted to unlock or turn on a motor vehicle, with the intent to steal a motor vehicle is guilty of a felony punishable by imprisonment for not more than 5 years.”
It also states that anyone who “in association with another individual or group of individuals as part of a criminal organization, knowingly possesses…an electronic device or tool that is designed or adapted to unlock or turn on a motor vehicle, with the intent to steal more than 1 motor vehicle is guilty of a felony punishable by imprisonment for not more than 10 years.” The same consequences apply if someone possesses or uses other devices or substances that can be used to break into, unlock or operate a vehicle illegally.
Proving intent to use
Any criminal offense that involves intent can be challenging for prosecutors to prove. However, if someone is found with an AutoProPAD who doesn’t appear to have any legitimate purpose for it, that can be problematic. Certainly, if it’s found at the scene of what appears to be an attempted auto theft or on someone suspected of auto theft, that can be even more difficult to defend.
Regardless of the circumstances at issue, anyone who is charged with any offense related to vehicle theft should get sound legal guidance as early as possible. It’s also important for those charged with a crime to have their own legal counsel to separate themselves from anyone arrested and charged with the same offense in order to more effectively protect their rights.]]>On Behalf of Wesley Todd PLLC<![CDATA[What should you know about Michigan expungement?]]>https://www.wesleytoddpllc.com/?p=2562722026-08-22T14:11:22Z2026-08-22T14:11:22ZWhat does expungement do?
State law explains that an expunged conviction is removed from public view. This means most employers, landlords and ordinary background checks will not see it. However, law enforcement and certain licensing agencies may retain access to nonpublic information.
Some traffic convictions present another important distinction. Although certain traffic offenses can potentially be set aside from the criminal record, the Michigan Attorney General notes that they may remain on the person's driving record.
Find out whether you need to apply
Before preparing an application, check whether your conviction may qualify for Michigan's automatic set-aside process. Under the Clean Slate system, certain misdemeanors may be automatically set aside after seven years, while qualifying felonies may be automatically cleared after 10 years.
If your conviction does not qualify for automatic removal, you may still be eligible to petition the court.
Get the paperwork right
Expungement under Michigan law requires specific information in an application, including:
Identifying information
Certified conviction records
Information about previous set-aside applications
Disclosure of pending criminal charges
This application must be signed under oath. In addition, applicants going through the petition process must also complete fingerprint-related requirements. The fingerprints are used to check state and federal criminal history information.
If you are uncertain about eligibility, consider discussing your situation with a legal professional before filing. They can evaluate the applicable Michigan requirements and help you prepare for the court process effectively.]]>On Behalf of Wesley Todd PLLC<![CDATA[Michigan has strengthened and broadened its hate crimes law]]>https://www.wesleytoddpllc.com/?p=2562702026-08-05T23:15:25Z2026-08-05T23:15:25Zhate crime laws were inadequate to deter and properly prosecute those that target Michigan residents with fear and hatred, simply for who they are.”
Hate crime offenses
The offenses included in the law involve:
Using “force or violence” against another person
Causing bodily injury
Stalking
Damaging, defacing or destroying another person’s property
It also includes making a “true threat” to commit any of these offenses. That’s defined as a “statement in which the speaker means to communicate a serious expression of an intent” to harm someone or cause damage. The law notes that someone is “not liable for communicating a true threat if the speaker was unaware that the individual or the group of individuals could regard the statement as threatening violence.”
Protected characteristics
To be charged with a hate crime, the alleged offense must be against someone for their actual or perceived:
Age
Disability (physical or mental)
Ethnicity
Gender identity/expression
National origin
Race/color
Religion
Sex
Sexual orientation
The law also applies to anyone who is targeted because of their “association or affiliation with an individual or group of individuals” who have one or more of these protected characteristics even if the person attacked was an ally.
Penalties
As noted, the penalties have been strengthened. Hate crime charges are felonies. A first offense could carry up to a two-year prison sentence and/or $5,000 fine. The penalties increase with subsequent offenses, the seriousness of the offense, when a “dangerous weapon” is used and under other circumstances.
Those charged with a hate crime are generally charged with the underlying or “base” offense as well. For example, they could face an assault charge as well as a hate crime charge if they’re accused of attacking someone based on their race or perceived sexual orientation.
For prosecutors to prove that someone committed a hate crime, they need to prove the alleged perpetrator’s intent. That’s often not as clearcut as proving that they committed the actual offense unless it involved something like graffiti using slurs targeted at someone’s race, faith or other protected characteristic. For this, and many other consequential reasons, anyone who is facing hate crime charges, regardless of their circumstances, should get sound legal guidance as early as possible.]]>On Behalf of Wesley Todd PLLC<![CDATA[What is a Miranda rights violation?]]>https://www.wesleytoddpllc.com/?p=2562662026-07-25T15:08:42Z2026-07-25T15:08:42ZHow do police officers violate people's Miranda rights?
There are two main ways in which police officers may violate the Miranda rights of people taken into state custody. The first is by failing to provide the Miranda warning before beginning the questioning process with someone who is in state custody. Interrogating a person without informing them of their right to remain silent or the right to legal representation is a violation of their rights as established by a Supreme Court ruling decades ago.
The second way in which law enforcement professionals may violate a person's Miranda rights involves ignoring attempts to invoke those rights. If an individual verbally indicates they want to remain silent, police officers should not continue pressuring or questioning them. If they state that they need to speak with a lawyer, police officers should grant them an opportunity to do so.
Ignoring attempts to make use of Miranda rights when directly communicated by a person in state custody is a violation of that person's rights. When Miranda rights violations occur, confessions, contradictory statements and other information gathered by questioning may not be admissible as evidence should the matter go to trial.
Speaking with an attorney about potential Miranda rights violations can be beneficial for criminal defendants. A lawyer can help people determine if a violation did occur and respond appropriately should the state bring charges.]]>On Behalf of Wesley Todd PLLC<![CDATA[Felony firearm charges and mandatory sentencing in Michigan]]>https://www.wesleytoddpllc.com/?p=2562642026-07-18T23:01:26Z2026-07-18T23:01:26ZHow felony firearm charges work
Michigan felony gun charges apply when someone is in possession of a firearm during the commission or attempted commission of a felony. The law covers both actual possession and constructive possession.
Actual possession means the firearm was found in a person's direct, physical control. Constructive possession means it was found near enough for an individual to take control of it. Examples include having a firearm in a vehicle, in a nearby location or stored in a place under a person’s control.
Many people believe constructive possession is less serious than actual possession. However, it can still lead to a harsh outcome upon conviction.
Common defenses in felony cases
Firearm cases charged as felonies often involve disputes about possession. Prosecutors try to demonstrate that the person knew about the firearm and had the intent and ability to control it. Potential defenses include the following:
Lack of knowledge of the weapon
No actual or constructive possession
Firearm was not used during a felony
Unlawful search or seizure
The court will review the underlying felony charge, the firearm evidence and the person’s history. With solid evidence and skilled legal guidance, it is possible to present a solid defense against serious gun charges.]]>