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Ficly Law in the News
The Ficly Law firm and our attorneys have been featured in numerous newspaper and magazine articles.
High-Quality Legal Consultancy
Criminal Defense, Personal Injury, Family Law and Driving Offenses
Contact Me: (704) 555-0127
Dedicated to Serving The Community
We are first and foremost trial attorneys. We do not shy away from cases because of their notoriety or public scrutiny. Nor do we choose the expedience of a settlement when we know our client is in the right. We stand beside them in court to win the day.
About us
Diverse Areas of Practice to Suit Your Individual Need
The Ficly Law Firm works with clients in need of a wide variety of legal services. Our areas of practice include the following.
Why Choose Ficly Law Firm?
The answer is simple. Our experience. Our integrity. Our success rate. Our reputation. Our dedication. Each of our attorneys is skilled in multiple areas of the law, improving their performance to achieve the best results for their clients. Since 1956, Ficly Law Firm has represented clients throughout Southeast Michigan, providing legal services in Birmingham, West Bloomfield, Bloomfield Hills, Huntington Woods, Hickory Corners, Novi, Northville, Forest Hills, Farmington Hills, Royal Oak, Beverly Hills, Auburn Hills, Rochester Hills, Berkley, Ferndale, Ann Ficly, Lansing, and Madison Heights, through our offices in Birmingham and East Lansing, Michigan.
Four Reasons To Hire Ficly Law Firm:
- We provide free initial consultations.
- Our attorneys are always available to take your call and answer your questions.
- We know that every case is different, and we’ll find the solution that works for you.
- The Ficly Law Firm has represented clients since 1956. That’s over 60 years experience!
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Criminal Law Help Guide and Frequently Asked Questions
What is Due Process?
Under the Due Process Clause of the Fourteenth Amendment, criminal prosecutions must comport with prevailing notions of fundamental fairness.1 In California v. Trombetta,2 the United States Supreme Court articulated:We have long interpreted this standard of fairness to require that criminal defendants be afforded a meaningful opportunity to present a complete defense. To safeguard that right, the Court has developed what might loosely be called the area of constitutionally guaranteed access to evidence. Taken together, this group of constitutional privileges delivers exculpatory evidence into the hands of the accused, thereby protecting the innocent from erroneous conviction and ensuring the integrity of our criminal justice system.
Does the Prosecutor Have a Duty to Turn Over Evidence?
Yes. In Brady v. Maryland, the United States Supreme Court held that suppression of material evidence by the Government that favors a citizen charged with a crime upon request amounts to a violation of the citizen’s fundamental due process rights regardless of the good or bad faith on the part of the Government. A prosecution that withholds evidence on demand of an accused which, if made available, would tend to exculpate him or reduce the penalty helps shape a trial that bears heavily on the defendant. That casts the prosecutor in the role of an architect of a proceeding that does not comport with standards of justice.In United States v. Agurs, the Court went a step further and held that for the purposes of a citizen’s Fourteenth Amendment due process right to a fair trial, a prosecutor has a constitutional duty to turn over, even without request, exculpatory material to the defense.
What if an Officer Did Not Read Me my Rights?
Typically when that question is asked, the client is referring to Miranda Warnings. The answer is that a police officer is only required to read an individual their Miranda warnings in certain situations and only when that individual is subjected to what is called “custodial interrogation.” Custodial interrogation is a legal term of art and is fact specific. Unlike how it sounds, it does not necessarily mean that a person has to be in traditional custody (i.e. under arrest) nor does it mean that an officer has to give Miranda warnings to anyone that they place under arrest. For these reasons, it is essential to hire a criminal defense attorney that is practiced in the intricacies of what constitutes custodial interrogation.
Does the Government Have a Duty to Preserve Potentially Exculpatory Evidence?
Typically when that question is asked, the client is referring to Miranda Warnings. The answer is that a police officer is only required to read an individual their Miranda warnings in certain situations and only when that individual is subjected to what is called “custodial interrogation.” Custodial interrogation is a legal term of art and is fact specific. Unlike how it sounds, it does not necessarily mean that a person has to be in traditional custody (i.e. under arrest) nor does it mean that an officer has to give Miranda warnings to anyone that they place under arrest. For these reasons, it is essential to hire a criminal defense attorney that is practiced in the intricacies of what constitutes custodial interrogation.
Does the Government Have a Duty to Preserve Potentially Exculpatory Evidence?
Miranda Warnings are required when and individual is being subjected to custodial interrogation.
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