Assisting Criminal Defense Lawyers Under the Michigan Indigent Defense Commission Act (MIDC)
As a criminal defense lawyer appointed under the Michigan Indigent Defense Commission Act (MIDC), you are responsible for providing high-quality representation to indigent clients. One of the key elements of this responsibility is securing the necessary resources—such as expert witnesses and forensic investigators—to build a robust defense. Under the MIDC standards, indigent defendants are entitled to funding for these essential resources, and the process for obtaining this funding has become more streamlined.
Instead of seeking court approval, defense attorneys now work directly with the Public Defender or the Managed Assigned Counsel Coordinator for the relevant funding unit. This process eliminates the need for court motions and simplifies access to the necessary experts and investigators.
At Blanchard Forensics, Josh Blanchard, a GIAC Certified Forensic Examiner and licensed attorney, provides expert forensic and investigative services to support defense attorneys working under the MIDC. From digital forensics to expert testimony, Josh offers the tools and insights needed to uncover key evidence and strengthen your defense.
In this article, we’ll discuss the MIDC standards for funding expert witnesses and investigators, the updated process for obtaining funding, and how Blanchard Forensics can assist you in building a successful defense for your clients.
MIDC Standards: Funding for Experts and Investigators
The Michigan Indigent Defense Commission has established minimum standards to ensure that indigent defendants receive effective representation, one of which is Standard 3, addressing the use of experts and investigators. This standard allows defense attorneys to request funding for expert witnesses and investigators when necessary to the defense. The goal is to ensure indigent clients receive the same level of support and resources as privately retained clients.
What MIDC Standard 3 Covers
- Access to Experts and Investigators: Defense attorneys are entitled to request funding for expert witnesses (such as forensic examiners) and investigators to assist in areas where specialized knowledge is needed to challenge or support evidence presented by the prosecution.
- Leveling the Playing Field: The standard ensures that the defense has access to the same investigative tools and expert testimony that the prosecution uses to build its case.
- Cost Coverage: Indigent clients are provided funding for experts and investigators, preventing financial barriers from interfering with their right to a fair trial.
Under MIDC Standard 3, the Public Defender or Managed Assigned Counsel Coordinator for the relevant funding unit is responsible for approving requests for expert and investigator funding. This process ensures that necessary resources are available without delays or the need to file motions with the court.
How to Obtain Funding for Experts and Investigators
To secure funding for an expert or investigator under the MIDC, defense attorneys must follow the process outlined by the relevant public defender office or assigned counsel coordinator. Here’s how the process works:
1. Identify the Need for an Expert or Investigator
The first step is to assess the case and determine whether specialized expertise is required. For example, in cases involving digital evidence—such as cell phone data, computer forensics, or GPS tracking—an expert like Josh Blanchard can provide invaluable assistance. You may also need an investigator to gather evidence, interview witnesses, or review police reports.
2. Request Approval from the Public Defender or Managed Assigned Counsel Coordinator
Once you identify the need for an expert or investigator, the next step is to submit a request for funding to the Public Defender or Managed Assigned Counsel Coordinator for your funding unit. The request should include:
- Why the expert or investigator is necessary for the defense.
- How their expertise will impact the case, such as analyzing forensic evidence, providing testimony, or conducting investigations that support the defense’s theory.
- The estimated cost of hiring the expert or investigator.
In many cases, you’ll also need to provide details about the qualifications of the proposed expert or investigator to demonstrate why they are well-suited for the task.
3. Approval Process
Once the request is submitted, the Public Defender or Managed Assigned Counsel Coordinator will review it to determine whether the request is justified. If approved, funding will be allocated to cover the cost of the expert or investigator, allowing you to proceed with hiring them. This streamlined process ensures that resources are available without delays from court involvement.
4. Hiring the Expert or Investigator
After approval, you can move forward with hiring the expert or investigator. It’s important to work with professionals who have a proven track record and are experienced in providing court-admissible testimony. Blanchard Forensics offers extensive experience in both forensic analysis and courtroom testimony, making Josh Blanchard an ideal choice for criminal defense teams.
5. Using Findings in Court
Once the expert or investigator completes their work, they will provide a report that summarizes their findings. This report can be used to challenge the prosecution’s evidence, support the defense’s theory, or introduce new evidence that was previously undiscovered. If needed, the expert can also testify in court to explain their findings clearly to judges and juries.
How Blanchard Forensics Can Assist Criminal Defense Attorneys
At Blanchard Forensics, Josh Blanchard provides a range of forensic and investigative services tailored to meet the needs of criminal defense attorneys working under the MIDC. From digital evidence recovery to expert testimony, Josh has the skills and experience to help you build a strong defense.
1. Digital Forensics Expertise
As a GIAC Certified Forensic Examiner, Josh specializes in recovering and analyzing digital evidence from a wide range of devices, including:
- Cell phones (iPhones and Android devices)
- Computers (Windows and Mac)
- Wearables (such as smartwatches)
- Cloud data (iCloud, Google Drive, etc.)
Whether you need to recover deleted text messages, analyze call logs, or track a defendant’s location using GPS data, Blanchard Forensics can uncover the digital evidence you need to support your case.
2. Court-Ready Forensic Reports
After performing a forensic examination, Josh provides detailed, court-ready reports that summarize the findings in a clear and concise manner. These reports are designed to be easily understood by judges, juries, and attorneys, ensuring that the forensic evidence is presented effectively.
3. Expert Testimony
In addition to forensic analysis, Josh Blanchard is also available to provide expert testimony in court. As both a licensed attorney and forensic examiner, Josh understands the legal standards for admissibility and can explain complex technical concepts in a way that resonates with juries and judges.
4. Co-Counsel Services
If your case involves significant amounts of digital evidence, Josh is available to act as co-counsel, focusing exclusively on the forensic aspects of the case while you handle the broader legal strategy. This collaboration ensures that all digital evidence is thoroughly examined and that nothing is overlooked.
Conclusion
Under the Michigan Indigent Defense Commission Act (MIDC), defense attorneys no longer need to involve the courts to obtain funding for experts and investigators. By seeking approval directly from the Public Defender or Managed Assigned Counsel Coordinator, you can ensure that your indigent clients have access to the same high-quality resources as private clients.
At Blanchard Forensics, Josh Blanchard offers expert forensic services, including digital evidence recovery, forensic analysis, and expert testimony, to assist criminal defense attorneys working under the MIDC. With his background in both law and forensic science, Josh offers a unique combination of skills that can help you uncover the evidence you need to defend your client.
If you’re a defense attorney appointed under the MIDC and need assistance with digital forensics or expert testimony, contact Blanchard Forensics today to learn how we can support your case.