You are a newer lawyer, licensed in 2020. Why did you choose to focus on criminal law?

When I was 17, I was wrongfully convicted of a misdemeanor. My journey through the system was a rocky one. The day before my trial there was a multiple-hour bond-violation hearing because the complaint alleged we (there were 3 people charged) violated a no-contact order. Unbeknownst to the complainant at the start of the bond-violation hearing, there was a video to prove her testimony was false. Despite her false accusations about the bond violation, the judge did not allow that into evidence during the trial. The judge also allowed the prosecutor to mock my mother’s English in front of the jury.

You may have noticed from my picture (because most people do!) that I wear a hijab. So did the jurors in my trial. After they found me guilty, they told my lawyer that when they saw my hijab, they knew I was guilty before I even opened my mouth.

We appealed based on the judge’s denial of cross-examination of the complainant about her lies the day before the trial. If you read the appellate briefs without knowing what I was charged with, you would have thought I was charged with terrorism and not misdemeanor assault and battery. Thankfully, the circuit court judge saw the errors in the trial and reversed my conviction.

That experience motivated me to become an attorney and specialize in criminal law.

Tell us about one of your case successes – something you are proud of.

I represented an 87-year-old woman who was charged with failing to report an accident – a non-serious misdemeanor in the eyes of the law. She was charged after hitting another car in a Meijer parking lot. She used a walker, so it was hard for her to get in and out of her car. After my client hit the car, she waited 10 minutes, but no one came to talk to her, so she left. This led to charges being filed against her.

My client took a plea, but restitution had to be addressed. The prosecutor asked me to stipulate $3,300 in restitution for the complainant’s rental car fees. Stipulating was a definite “no” for me because there was no way my client could afford that. I requested documents from the prosecutor and discovered that the complainant’s car wasn’t even worth $3,300. In the meantime, I did some research and found that the Crimes Victims’ Rights Act does not apply to non-serious misdemeanors. Therefore, restitution would fall within the general restitution statute.

Under the general restitution statute, restitution is only available for losses caused by criminal conduct. I argued, “My client was charged with and pled guilty to an ordinance violation for failing to report an accident…the criminal offense is a person’s failure to remain on the scene of the accident and report the accident to the police. The criminal offense is not the accident itself, and there is no allegation in this case that the accident itself was part of the criminal conduct… the losses incurred by the complainant are not the result of my client leaving the scene of the accident, which is the offense for which she has been convicted.” After briefing the issue and a hearing, the judge issued a written order denying any restitution.

I am proud of my work on this case for a couple of reasons. One is that it was the first time someone ever challenged the prosecutor about this specific issue. He was so used to attorneys stipulating that he thought I would, too. Sometimes being newer will make you question and research whether the “norms” of a court and/or what the prosecutor is used to getting away with is right.

What would you change about the criminal legal system?

I would like to change a lot of things about the criminal legal system. One specific thing I would like changed is increasing transparency in courts. I would want all court hearings live-streamed. Taxpayers who pay for these systems should be able to see what is going on in courts daily. I would bet money that the abuse of power we see from some judges and their respective staff, and some prosecutors would decrease significantly if they knew they were being watched and recorded.

What advice do you have for new lawyers, just starting out?

Work hard, be brave, and don’t underestimate yourself.

Kathy Swedlow

CDRC Manager and Editor

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