Legal Question in Criminal Law in Michigan

I have a somewhat convoluted question regarding Michigan criminal law. It's a bit of a long story so thank you for your patience reading.

My son had money stolen from their apartment almost a year ago. He suspected one of 3 people and gave the envelope the money was in to a detective friend to have it checked for fingerprints. Apparently, the detective found my other son's fingerprints on the envelope so the assumption is that son 2 stole the money from son 1.

Son 2 did have a drug problem at that time (7 months clean as of today) so it would not surprise me if he was the thief. He received a 7411 in Michigan a few years ago and has had a clean record since that time. Apparently, that is how the detective was able to identify his prints. My understanding of the 7411 thing is that his records were locked and should not have been accessible to anyone, especially a detective using public resources on a personal mission for a friend.

I do not condone the theft but I am curious how this will play out. At no point did son 1 file a police report, son 2 had unlimited access to Son 1's apartment (with his permission) so I also understand that Son 2 would have fingerprints all over that apartment. It would be nice if the kids were speaking to each other and could discuss, but that isn't the case. Son 1 contacted son 1 yesterday and said if the money wasn't returned within a week they would be filing charge now that they had 'proof'. Son 1 is well aware that son 2 does not have access to any money so I don't understand why that was even said.

My questions are:

1) How long does son 1 have to file a police report?

2) Can this envelope really be used as evidence?

3) Did the detective break the law in running his prints?

4) Should son 2 seek legal advice or just wait it out?


Asked on 6/29/14, 11:03 am

2 Answers from Attorneys
Christopher Brown Brown & Associates, Legal Services, PLLC

The detective can run his prints, son #2 should keep his mouth shut. Hiring an attorney pre-charge phase would be a wise decision. It's also a great way to get information about the case from the officer in charge. Feel free to contact me on my alternate number I would be happy to assist.

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Answered on 6/29/14, 11:26 am

First, anybody that is in danger of being prosecuted for a crime should immediately hire an attorney. We have an entire team of lawyers dedicated to helping people in this situation. You can read more about that at www.AggressiveCriminalDefense.com

Next, 7411 prevents ONLY public access to the prior drug case. The police and courts always have that information available to them.

Third, the police often check fingerprints in the course of investigating a crime. In this case, the cop may or may not have actually checked the fingerprints.

You can reach our defense team at 1 866-766-5245.

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Answered on 6/29/14, 11:49 am


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