Carjacking Lawyer in Lansing MI

Classic carjacking cases involve direct confrontation where someone allegedly uses force or threats to take a vehicle from the driver or passenger. These cases often hinge on witness identification, which we challenge through cross-examination and independent investigation. We examine whether the alleged victim’s description matches our client, whether lighting conditions allowed accurate identification, and whether police conducted a proper lineup. Many carjacking accusations stem from misidentification, especially in chaotic, frightening situations where memory becomes unreliable.

Some carjacking charges involve allegations of deception rather than direct force. Common scenarios include the “Good Samaritan ruse” where someone offers help to a stranded motorist then takes the vehicle, staged accidents where defendants allegedly cause minor collisions to get victims out of their cars, or “bump and run” schemes. These cases often involve questions about intent—did our client actually intend to steal the vehicle, or was there a misunderstanding? We investigate the full context and challenge the prosecution’s interpretation of events.

When weapons are involved, charges escalate dramatically. Gun crimes combined with carjacking can result in mandatory minimum sentences and federal prosecution. We scrutinize how police recovered any alleged weapon, whether our client actually possessed it, and whether prosecutors can prove the weapon was used to threaten the victim. Suppression of illegally seized weapons can eliminate the armed element and dramatically reduce potential sentences.

Carjacking charges often come with additional serious felonies. If the alleged victim was injured, prosecutors add assault charges. If the victim was forced to remain in the vehicle or transported anywhere, kidnapping charges follow. These stacked charges can result in potential sentences exceeding 50 years in prison. We fight each charge individually, challenging the evidence for every element the prosecution must prove.

Not every carjacking accusation involves a completed theft. Attempted carjacking charges arise when someone allegedly tried to take a vehicle but was unsuccessful. Under the general attempt statute (MCL 750.92), an attempt to commit a life-eligible felony like carjacking carries a 5-year maximum, unless charged under a different theory. We challenge attempt charges by examining whether our client took substantial steps toward committing the crime or whether their actions were misinterpreted.

When carjacking accusations arise from domestic violence situations (such as taking a vehicle from a spouse or intimate partner) the case involves additional complications including protective orders and mandatory no-contact conditions. We navigate these overlapping charges while protecting your rights and addressing the relationship dynamics that may have led to false accusations.

We immediately review your arrest circumstances, police reports, and booking procedures to identify constitutional violations. Did police have probable cause for your arrest? Was evidence seized illegally? Were you questioned without Miranda warnings? Constitutional violations can lead to suppression of evidence or complete case dismissal.

We conduct our own investigation independent of police work. This includes interviewing witnesses who may contradict the alleged victim’s story, obtaining surveillance footage from nearby businesses or traffic cameras, analyzing cell phone location data, and examining the alleged victim’s background for credibility issues or motives to fabricate.

Mistaken identity is common in carjacking cases. We scrutinize police identification procedures, including lineup composition, photo array presentation, and whether police suggested which person to identify. We hire expert witnesses to explain how stress and trauma affect memory and perception, making eyewitness identification unreliable.

We use weaknesses in the prosecution’s case as leverage in negotiations. When we identify problems with identification, lack of physical evidence linking you to the crime, or constitutional violations, prosecutors become more willing to reduce charges or dismiss the case entirely. Many of our clients have received dramatically reduced charges through strategic negotiation.

If your case goes to trial, we’re prepared to fight. We file motions to exclude prejudicial evidence, prepare compelling opening and closing arguments, cross-examine prosecution witnesses to expose inconsistencies, and present a defense that creates reasonable doubt. Our trial experience in Ingham County Circuit Court means we know the judges, understand local procedures, and can effectively advocate for you before a jury.

Many carjacking cases rest entirely on eyewitness identification, which is notoriously unreliable. We challenge identification by examining lighting conditions, the witness’s opportunity to observe, the time elapsed between the incident and identification, and whether police procedures were suggestive. Expert testimony about the science of memory and perception can convince juries that the witness identified the wrong person.

If we can show the alleged victim voluntarily gave you access to the vehicle, or that any confrontation occurred after you already had possession, the carjacking charge fails. Perhaps this was a dispute over rightful possession of a shared vehicle, or the alleged victim gave you permission that they later regretted.

Carjacking requires specific intent to deprive the owner of their vehicle. If you reasonably believed you had permission to use the vehicle, or if there was a misunderstanding about ownership, you lack the required criminal intent. We investigate the relationship between you and the alleged victim to uncover facts supporting this defense.

People fabricate carjacking allegations for various reasons, such as insurance fraud, revenge, custody disputes, or to cover up their own misconduct. We investigate the alleged victim’s credibility by examining their prior false accusations, criminal history, financial problems, and motive to lie.

Evidence obtained through illegal searches, arrests without probable cause, or interrogations without proper Miranda warnings must be suppressed. We file motions to exclude unconstitutionally obtained evidence, and without that evidence, prosecutors often cannot prove their case.

If you were somewhere else when the carjacking occurred, we present evidence placing you at that location, including witness testimony, receipts, video surveillance, or electronic data from your phone showing your location.

You have an absolute right under the Fifth Amendment to refuse to answer police questions. This right applies from the moment police approach you, not just after formal arrest. You should clearly invoke this right by saying “I am invoking my right to remain silent and I want my attorney.” Then stop talking. Do not try to explain your innocence, provide your version of events, or answer “just a few questions.” Nothing good comes from talking to police without your attorney present.

You have the right to have an attorney present during any questioning. Once you invoke this right, police must stop questioning you immediately. If they continue, anything you say cannot be used against you. Invoke this right clearly and repeatedly if necessary.

Police need a warrant to search your home, vehicle, or belongings unless specific exceptions apply. Do not consent to searches. If police ask “Can we look in your car?” say “I do not consent to any searches.” They may search anyway if they claim probable cause, but your refusal to consent protects your rights for later court challenges.

Under MCR 6.106, you are often eligible for bond, but because carjacking is a violent felony, the court will strictly evaluate whether you pose a danger to the community. While carjacking charges often result in high bonds due to their violent nature, we argue for reasonable bond amounts by presenting evidence of your community ties, employment, family responsibilities, and lack of flight risk.

In felony cases, you have the right to a preliminary examination where the prosecution must present evidence supporting probable cause for the charges. This examination gives us an opportunity to cross-examine the alleged victim and other prosecution witnesses, lock them into testimony, and identify weaknesses in their case.

You have the right to review all evidence the prosecution plans to use against you, including police reports, witness statements, video footage, and forensic evidence. We carefully review all discovery material to identify inconsistencies, missing evidence, and constitutional violations.

You cannot be forced to testify against yourself at trial. The prosecution must prove their case using other evidence. The jury is instructed they cannot hold your silence against you.

There is no misdemeanor version of this charge. You’re facing potential prison time from the moment of arrest, which is why immediate legal representation is critical.

Prosecutors rarely charge only carjacking. Expect additional charges such as robbery, assault, weapons offenses, and potentially kidnapping if the victim was moved or detained. Each additional charge increases your potential sentence.

Evidence disappears quickly. Witnesses’ memories fade or become contaminated by police suggestions. Surveillance footage gets deleted. The sooner we begin investigating, the more evidence we can preserve in your favor.

Michigan’s sentencing guidelines increase recommended sentences based on prior convictions. Even old misdemeanor convictions can affect your sentence. However, a clean record or minimal history can be used to argue for reduced charges or alternative sentencing.

Many cases resolve through negotiations when we identify weaknesses in the prosecution’s evidence. Reduced charges, dismissed counts, and favorable plea agreements are possible when we demonstrate problems with identification, constitutional violations, or witness credibility issues.

Police may promise leniency if you “just tell us what happened” or warn that refusing to talk makes you look guilty. These are interrogation tactics. Anything you say will be used against you, and cooperation without legal advice rarely results in better treatment.

No. Even if you’re completely innocent, talking to police without your attorney present is dangerous.

You cannot talk your way out of a carjacking investigation. Police are trained to interpret your words in ways that support their theory of guilt, and innocent statements can be misrepresented as consciousness of guilt. Asserting your right to remain silent and requesting an attorney does not make you look guilty, it shows you understand your constitutional rights.

The honest answer is that carjacking charges carry a high risk of incarceration due to their classification as violent felonies.

However, several factors affect whether you’ll serve prison time: the strength of the evidence against you, your criminal history, whether anyone was injured, and the quality of your legal defense. We’ve helped clients avoid prison through case dismissals, reduced charges to non-violent offenses, and negotiated agreements that include probation rather than incarceration. Early intervention by an experienced criminal defense attorney dramatically improves your chances of avoiding or minimizing jail time.

Most carjacking cases in Lansing take six months to over a year to resolve.

The timeline depends on several factors including court scheduling, whether you’re held in custody or released on bond, the complexity of evidence, and whether the case goes to trial. Cases that resolve through plea negotiations typically conclude faster, within three to six months. Cases going to trial can extend beyond a year as we conduct discovery, file motions, and prepare your defense.

While the process feels lengthy, this time allows us to thoroughly investigate your case and build the strongest possible defense.

Yes, dismissals and charge reductions are possible when we identify significant weaknesses in the prosecution’s case.

Common grounds for dismissal include constitutional violations during your arrest or interrogation, lack of probable cause, prosecutorial misconduct, and complete absence of credible evidence linking you to the offense. Charge reductions become more likely when we demonstrate problems with witness identification, challenge the “force or intimidation” element, or negotiate based on mitigating circumstances.

We’ve secured favorable outcomes for many clients facing serious felony charges through strategic advocacy and thorough investigation. Contact us for a free case evaluation to discuss the specific facts of your situation.

Your first appearance is the arraignment, which typically occurs within 72 hours of arrest if you’re held in custody.

At arraignment, you’ll appear before a judge in Ingham County Circuit Court who will read the formal charges against you, advise you of your rights, and address bond. The prosecutor may argue you should be held without bond or that bond should be set very high given the violent nature of carjacking charges. We argue for reasonable bond by presenting evidence of your community ties, stable employment, family responsibilities, and lack of flight risk.

The judge will set conditions for your release if bond is granted. Having an attorney at your arraignment improves your chances of reasonable bond and ensures your rights are protected from the first court appearance.

If convicted, yes, a carjacking conviction results in a permanent felony record that follows you throughout your life.

This record appears on background checks conducted by employers, landlords, educational institutions, and licensing boards. However, if your charges are dismissed or you’re found not guilty, you can petition to have your arrest record expunged, which removes it from public background check databases.

Even with a conviction, Michigan law now allows expungement of certain felonies after waiting periods, though violent felonies like carjacking face stricter limitations. Our goal is to avoid conviction entirely through aggressive defense, protecting you from these lifelong consequences.

Never plead guilty without first consulting an experienced criminal defense attorney who has thoroughly reviewed your case.

Evidence that seems overwhelming often has significant weaknesses that aren’t apparent without legal training. Witness identifications can be challenged, physical evidence may have been obtained illegally, and police procedures frequently contain constitutional violations that lead to suppression of evidence. Even in cases with strong evidence, negotiation can result in reduced charges with significantly lower penalties.

A guilty plea is permanent and irreversible, once entered, you cannot later challenge the evidence or raise constitutional violations. The prosecution benefits when you plead guilty quickly, which is why you need an attorney fighting for your interests before making any decisions.

Yes, absolutely. Carjacking is one of the most serious felony charges in Michigan, carrying potential life imprisonment and devastating collateral consequences.

The prosecution has immense resources (experienced attorneys, investigators, and law enforcement) all focused on convicting you. Without a skilled criminal defense attorney, you’re facing this overwhelming force alone, without understanding the law, court procedures, or how to challenge evidence. The cost of inadequate representation is measured in decades of your life lost to prison and permanent destruction of your future opportunities. We’ve seen countless cases where early attorney involvement resulted in dismissals or dramatic charge reductions that self-represented defendants could never achieve.

Be honest with your family about the situation while being careful about specific details. Your conversations with family members are not protected by attorney-client privilege, and police may interview them or prosecutors may subpoena them to testify.

Tell your family you’ve been charged with a serious offense, that you have legal representation, and that your attorney has advised you not to discuss the specific facts of the case. Ask them not to speak with police or investigators without contacting your attorney first.

Their support is crucial during this difficult time, but protecting your case requires limiting detailed discussions about what happened until we’ve developed your defense strategy.

Yes, carjacking can be prosecuted as a federal crime under certain circumstances. If the vehicle crossed state lines during or after the offense, if the carjacking affected interstate commerce, or if it involved certain federal property or officials, federal prosecutors may pursue charges under federal carjacking statutes.

Federal carjacking convictions carry mandatory minimum sentences and are prosecuted in U.S. District Court with different procedures than state court. Additionally, federal sentencing guidelines often result in longer prison terms than comparable state charges.

We monitor your case for any indication of federal involvement and adjust our defense strategy accordingly.