Legal Question in Criminal Law in Michigan

Felony and arrest

If you're convicted of a felony, but were never actullay arrested for the crime....miranda rights were not read, no fingerprints were taken, no mug shots. Can the convictuion be thrown out?


Asked on 1/07/07, 11:48 am

2 Answers from Attorneys

William Morrison Action Defense Center

Re: Felony and arrest

This is a case of an "immaculate conviction". The convicted felon needs to recall exactly how this state of affairs came about and then see if he can find an attorney to help him.

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Answered on 1/08/07, 2:54 pm

Re: Felony and arrest

If you were already convicted and failed to raise specific defenses that might have been available to you at the time, you probably cannot get the conviction "thrown out" based on those available defenses. There are some exceptions to that rule which can be reviewed by an experienced appellate attorney.

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Answered on 1/07/07, 12:57 pm


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