Michigan Criminal Defense Lawyer Blog

This article is a companion to a previous article about having an outstanding Probation Violation Warrant for not Reporting. In this article, we'll look at those cases where someone has, for lack of a more proper term, essentially "skipped out" or "bailed" on a Criminal case at some point in the process (even if it's because they never took the first step). This situation comes up often enough in my Criminal Practice to require some discussion. We'll be talking about those individuals who either did not show up to turn themselves in on a Warrant (either to a Police Station or to a Court) and were never formally Arraigned, or those individuals who have been Arraigned, and at some point in the Criminal Process, just failed to come back. Since I limit my Practice to Macomb, Oakland and Wayne Counties, we'll be talking about how things are handled within the Tri-County area.

In some cases, a person will receive a Notice (and this can take the form of a written Court Notice or a call from a Police Detective) that there is a Warrant for their arrest, and they need to turn themselves in. These "turn-in" instructions can require that the person either report directly to a Court, or to a Police Department. For whatever reason or reasons (usually because they're scared) the person will simply just fail to follow-up as directed.

In cases where a person has already gone through that first step of "booking" and/or Arraignment, a subsequent Court date is set, and the person is either personally informed of that upcoming date, or Notice is sent by mail.

In still other cases, a person may have shown up to a subsequent Court date. Perhaps they went to Court for their Pre-Trial, and they might even have worked out a Plea deal. At some point along the line however (often prior to their Sentencing date) the person just drops out of the picture.

Just as with Probation Violation Warrants, the outstanding Warrants in these cases are taken care of in 1 of 2 ways:

1. A person voluntarily turns him or herself in to clear things up, or

2. They get picked up by the Police.

Continue reading "Criminal Charges in Michigan - I Have a Warrant for not Showing Up" »

This article is the companion piece to the last Blog installment about Misdemeanor Cases - From Start to Finish. To begin with, its scope is limited by my experience in the types of Felony cases that I handle (what I call "light-to-medium severity"), as well as the fact that I limit my practice to Macomb, Oakland and Wayne Counties (with the occasional exception of a trip to Lapeer, Livingston or St. Clair Counties). In other words, this article will describe the typical chain of events in a Metro-Detroit area Felony charge for crimes less severe than murder, armed-robbery, and the like.

Just as with Misdemeanors, most, but certainly not all Felony Cases begin with an Arrest. An example of a Felony that often begins without an arrest is the charge of Embezzlement. Usually, these crimes occur in an employer-employee relationship, or something similar, and the Victim goes to the Police. Often during the investigative phase, the Police will call the person suspected of Embezzling, and want to speak with them. Whatever does or doesn't happen, once the case gets to the point of Charging the Defendant (which means obtaining a Warrant, signed by the Prosecutor), the Police will often again contact the person named in the Warrant and try to make arrangements for them to voluntarily turn themselves in.

Whether by Arrest or voluntary turn-in, the person to be charged is "booked" (mug shots and fingerprints) at the Police Station and then brought before a Judge or Magistrate in the District Court of the Municipality where the Offense is alleged to have occurred, to be Arraigned. The Arraignment is the first step in a case, and serves several purposes. It allows the person being charged to be told exactly what they are being charged with, what the maximum possible penalty is that can be imposed (as well as any mandatory minimum penalty) and to be informed of the Constitutional Rights. In addition, there is the setting of Bond, and the imposition of any Bond Condition (like a GPS tether, or a provision requiring the Defendant to have "no contact" with the alleged Victim).

By Law, within 14 days from the date of Arraignment, the next step, called a Preliminary Examination, must be held. This is unique to Felony Cases; there is no Preliminary Exam in Misdemeanor Cases. The Preliminary exam phase requires that the Prosecutor be able to come forward on that date and present enough evidence to the District Court Judge to prove 2 things:

1. That there is "Probable Cause" to believe a Crime has been committed, and
2. That there is "Probable Cause" to believe the Defendant (the person charged) committed it.

In practical terms, the Courts have interpreted this as meaning that the Prosecutor must be able to show the Judge that there is "Probable Cause" to believe a Crime has been committed, and that there is an honest, debatable "question of fact" that the Defendant committed it. This means that unless the Judge is satisfied that the case is so weak that Justice demands it's dismissal, the matter will be "Bound Over," or transferred to the County's Circuit Court.

Continue reading "How a Michigan Felony Case Works" »

On both my website and in this Blog we have discussed the difference between Misdemeanor and Felony Cases, and examined various aspects of each in detail. This article will be more of an "overview" post, providing a look at how the various parts of a Misdemeanor case fit together. The next article will, in turn, examine How a Michigan Felony Case Works.

In my nearly 20 years as a Criminal Defense Lawyer, I have handled pretty much every kind of Misdemeanor there is, and even some I didn't know existed. What follows is an explanation of the procedure that is common to all Misdemeanor Cases, at least in Macomb, Oakland and Wayne Counties, where I practice.

Most, but not all Misdemeanor Cases begin with an Arrest. Depending on the usual procedure of any given Court, and/or the type of Charge, a person can be taken to the Police Station, processed, and released without having posted any Bond, or after having posted a small, nominal Bond. In other cases, particularly DUI matters, the person may be held until they are sober enough to be released. Still other Courts require anyone arrested to be brought before a Judge or Magistrate (sometimes this is done by video from the Jail or Police Station) to be formally Arraigned on whatever charge or charges they face, and have the Bond, and it's attendant Conditions, set.

Sometimes, a person will not be arrested, but given a Citation (Ticket). The Citation will advise them as to when they should contact the Court. In other cases, a person will not even be given a Citation, but will be told that they'll receive something in the mail. This means that they will either be notified to appear directly, in Court, or to go to the Police Station to be "booked."

Whether by Arrest, or Court Notice or notification to first appear at the Police Station, there is usually no doubt when a person has been formally charged with a Misdemeanor.

A Pre-Trial is the first Substantive (i.e. important) proceeding in a Misdemeanor Case. Sometimes, certain Courts will combine the Arraignment and Pre-Trial proceedings on the same date.

Either way, the Pre-Trial is an opportunity for the Defense Lawyer to meet with the Prosecutor and discuss whether there might be a way to work the case out without having to go through a full-blown Jury Trial. The goal, or course, is for each side to compromise a little and hopefully come to an agreement that is fair to both sides, which usually means some kind of Plea Bargain.

Continue reading "Misdemeanor Cases in Michigan from Start to Finish - Putting the Pieces Together" »

It's time to take another break from my long, on-going series of articles about Driver's License Restoration in Michigan. In this article, we'll discuss an issue that arises often enough in my Practice as a Criminal Defense Lawyer. It always begins with a phone call from a person who has been contacted by a Detective from a Police Department or Agency. The caller has either spoken with the Detective, or simply knows, from a message of some sort, that a Detective has called for them. The Detective will almost always reference what he or she is calling about.

In this article, we'll talk about those calls which are about some incident involving the person who is being called. Sometimes it's about an Assault and Battery case, or an allegation of Domestic Violence. Other times, it's about some kind of Larceny or allegation of Embezzlement or other Theft Crime. Even if the call involves a different kind of Offense, there are certain similar characteristics of these calls that can help us understand how to respond to them.

When my office gets one of these calls, there is usually a sense of urgency, if not outright panic, on the part of the caller. Having handled so many of these calls over the years, I think it's safe to say, at least from my experience, that there really is a set of rules a person must follow if they are called by a Detective.

Let's look at a real life example of a case I recently handled in Macomb County. My Client was involved in a disagreement with the driver of a car who was parked in front of his house and blocking his driveway. To make a long story short, there was a bit of an altercation between my client and the Driver of the car who refused to move and unblock my Client's driveway, which prevented my client from pulling his car out.

When all was said and done, and my Client was on his way to wherever, and the other Driver had finally gone his own way, my Client figured the whole thing was over. A few days later, he received a call from a Detective. He spoke with the Detective for a bit before he called me. As he related the initial conversation with the Detective, he was asked about the altercation and the Detective told him that he wanted to hear my Client's side of the story. Fortunately, my Client immediately understood the need to obtain legal advice before he said anything, so he called me. Before ending his conversation with the Detective, however, the Detective said something to my Client which I will point out to the reader as very important: The Detective told my Client that if he didn't receive a return phone call within a few days, he was "going to get a warrant" charging my Client with Assault and Battery. Mark that, because we'll come back to it.

Continue reading "Michigan - What to do (and not to do) if the Police or a Detective calls you" »

In the first part of this article, we examined what happens at an Arraignment from the beginning, when a Defendant is advised of the Charge against him or her, and the Penalty that can be imposed for that Charge, as well as how the Court advises the Defendant of his or her Constitutional Rights, to how a Plea is entered. In this second part of the article we will examine the setting of Bond, the imposition of Bond Conditions, and how and why a Court will inform the Defendant of his or her next Court date. In an earlier Blog Post about Bond and getting out of Jail, we examined the Bond Process, particularly the money aspect in detail. Here, we'll examine the mechanics of the setting of Bond and Bond Conditions more than the money considerations we discussed in that earlier Blog article.

As a Criminal Defense Attorney, I have the opportunity to observe and participate in these proceedings from a slightly more detached position than my Client, who may well be too nervous to recall much, if any, of what happened, once they walk out of Court. As we proceed, we'll be using the example about the person arrested and taken to Jail for Possession of Marijuana in the City of Warren from the first part of this article.

Let's go back to that Possession of Marijuana example from the first part of this article. Remember, our imaginary Defendant was arrested in the City of Warren for Possession of Marijuana and has spent the night in Jail. Now, they've been brought to Court and before one of the Judges. After advising the Defendant of which Law he or she is charged with violating (in our example, either the City of Warren Ordinance or the State Law) and what the maximum possible penalty is for that violation, and after making sure the Defendant has been provided with either a verbal or written explanation of their Constitutional Rights, and that they understand them, and then entering a Plea on behalf of the Defendant (usually "Not Guilty," sometimes "Stands Mute,' and hopefully not, in any case, "Guilty"), the Judge looks to set Bond. The terms "Bond" and "Bail" have come to have similar meanings, which is an amount of money posted with a Court to get a Defendant out of Jail.

Let's take a detour from the example we've been discussing for a moment. Let's say that rather than having been arrested and spending the night in Jail for Possession of Marijuana, the person instead had their Marijuana confiscated and was issued a Citation (Ticket) instructing them to call the Court within 10 days from the date it was written. Or, let's say that the person was taken to the Police Station, booked, and then let out of Jail after posting an "interim Bond" of $100 or so, or just let go without posting any money, but, in either case, was still issued a Citation.

Continue reading "Arraignment in Michigan Criminal Cases - Part 2 - Bond and Conditions " »

This article will focus on the very first part of any Criminal Case, known as an Arraignment. Long before I ever became a Criminal Defense Lawyer, I had heard the term "Arraignment" in the news many times. Even though I had a general idea that the term had something to do with the beginning of a criminal Case, I didn't know exactly what an Arraignment was, much less what happened at one. For anyone involved with a Criminal Case, whether they are the person being charged with a crime (the Defendant) or that person's family or friends, the Arraignment is often their first-ever contact with the Criminal Process.

I'd like to narrow the focus of this article a bit. The vast majority of my experience is in Macomb, Oakland and Wayne Counties. Pretty much everybody I represent would be considered "regular," or "average," in the sense that they generally have families and community ties and jobs, as opposed to being career criminals like Bank Robbers, Kidnappers and Serial Killers. It's that kind of ordinary citizen facing a Misdemeanor or light-to-medium severity Felony Criminal Charge that we'll have in mind as we review the Arraignment process. Because even a relatively casual treatment of this subject requires some depth, we'll divide this article into two parts. In this first part we'll examine how the Court advises a person of the Charge against them and what the potential Penalty is for such an offense, how the Court advises the person charged of their Constitutional Rights, and how a Plea is entered. In the second installment, we'll examine the setting of Bond and Bond Conditions, and the scheduling of a Defendant's next Court date and how that differs in Felony and Misdemeanor cases.

The process of Arraignment serves several purposes, and this is how the proceeding goes:

First, a Defendant is formally told of the exact Criminal Charge that has been made against them.

Second, the Defendant is likewise told the exact nature of the possible Penalty that they face.

Third, a Defendant is either told, or reads and must sign to indicate they read and understood, their Constitutional Rights when charged with a Crime.

Fourth, a Defendant is asked how he or she Pleads (Not Guilty, Stands Mute or Guilty).

Fifth, and perhaps most important of all, at least to the Defendant, is the setting of Bond and Bond Conditions.

Sixth, and finally, the Court informs the Defendant of the next Court date, or at least advises the Defendant that Notice regarding that next Court date will be sent to them.

We'll examine each of these things in turn, beginning with informing a Defendant of the exact charge or charges against them. When a person is alleged to have committed a crime, it means that they violated or "broke" some written law. In fact, everything that is illegal is illegal precisely because there is a law written somewhere that makes it illegal.

Continue reading "Arraignment in Michigan Criminal Cases - Part 1 - What Happens " »