Michigan Criminal Defense Lawyer Blog

In Part 3 of this series, we undertook a very brief overview of DUI Trials. If the reader detected a theme something like "DUI Trials are very complicated," then I succeeded in delivering my message. The larger point was simply no one should go to Trial in a DUI case unless they have a rock-solid likelihood of winning, or at least emerging from it appreciably better off than if they had not.

After a DUI (meaning Criminal) Trial, a person is either found Guilty, or Not Guilty. Occasionally, a case results in a "hung jury," meaning no verdict was reached, and the Prosecutor must then decide if they want to re-try the case, meaning do it all over again. Hung juries, while not incredibly rare, are rather uncommon; therefore, we won't waste any of our time discussing that unlikely type of outcome.

Having started our discussion at the Arraignment stage in Part 1, through Pre-Trials in Part 2 and Trials in Part 3, we have ended up at the stage where a person facing a DUI (called the "Defendant") will have either pled Guilty to some kind of charge after a Pre-Trial, or have been found Guilty, or not, after a Trial.

The next "legal" step in any Drunk Driving (or other Criminal) case is the Sentencing. This is where the Judge decides what is going to happen to the Defendant, and Orders things like classes, counseling, breath or urine testing, Probation, and, in really bad cases, like 3rd Offense Felony DUI's, Jail.

Obviously, there will be no Sentencing if a person has been found "Not Guilty" after a Trial. In that case, a person simply goes home, and the matter is ended.

In EVERY DUI, however, where there has been a either Plea, Plea-Bargain, or Sentence-Bargain (or a Verdict of Guilt, if there was a Trial), there is a step BEFORE the actual Sentencing: The PSI, or Pre-Sentence Investigation. A PSI is required by Law. We'll explore it in detail shortly (this subject is rather involved, so we'll use two installments just to cover it), but before we do that, it is important to understand that the Pre-Sentence Investigation, and the legally required alcohol assessment test that is a part of it, will determine, more than anything else, what actually happens to a person at Sentencing. To put it simply, the PSI and its accompanying recommendation is the blueprint, or script, for what kind of Sentence a person will get.

Continue reading "DUI, DWI and OWI in Michigan - A Detailed Look at how These Cases are Handled in the Detroit-Area - Part 4" »

In Part 2 of this article, we examined DUI Pre-Trials, and we learned that, more than anything else, a Pre-Trial is a meeting where the Defense Lawyer and the Prosecutor discuss their case, and try to work out some kind of resolution (usually meaning a plea deal) in order to avoid having the case decided at a Trial.

In this 3rd installment, we'll discuss the components of a DUI Trial. The reader should note that the Library of any Lawyer who makes his or her living in Court usually contains numerous books about Trials, and Trial strategy. Since even the most abbreviated overview of Trials would result in a rather long book, our review will necessarily be rather brief. Accordingly, we will focus on the more important and relevant aspects of a DUI Trial.

To begin, it is fair to say that a DUI Trial occurs because the Prosecutor and the Defense Attorney are unable to agree upon a resolution. Beyond that rather "legal" description, it typically means that the Prosecutor has offered no kind of "deal," and the Defense Lawyer believes he or she can either beat the case at Trial, or at least get a better (always meaning less-serious, or severe) verdict than whatever plea offer (or not) is on the table.

In a Criminal Trial, a person's guilt must be proven "beyond a reasonable doubt." To put it plainly, at a Trial, the Prosecutor must essentially hit a home run.

If a Trial is held before a jury, then a "Guilty" verdict can only occur if ALL of the jurors (6 in a Misdemeanor case, and 12 in a Felony case) agree that the Defendant is guilty. If even 1 of the jurors does not agree, the jury is considered "hung" and the person will not be found guilty, although they may later be re-tried. If the jury, however, returns a unanimous verdict (meaning all 6 or 12 jurors agree) of either Guilty or Not Guilty, then that is the final decision.

Which brings us to as good a place as any to talk about the end result of a Trial. Everyone knows that a Criminal Trial (and a DUI case is a Criminal case) can result in a verdict of either "Guilty" or "Not Guilty." Yet there are other outcomes that can occur, and understanding them can have a huge impact on deciding whether or not to have a Trial in the first place. Let's explore this further...

Continue reading "DUI, DWI and OWI in Michigan - A Detailed Look at how These Cases are Handled in the Detroit-Area - Part 3" »

In Part 1 of this article, we began our detailed review of the steps in a DUI case. We examined what happens when a person is released from Jail, and then we looked at the various facets of the Arraignment stage. We ended by noting that the next step in a DUI (or any Misdemeanor Criminal case, for that matter) is called the "Pre-Trial." In this second part, we'll talk about what the Pre-Trial really is, and we'll see what does (and sometimes doesn't) happen at this rather important stage of a DUI case. We'll end our discussion once we are ready to move on to the step after a Pre-Trial: an actual Trial.

This is important. Sometimes, a person facing a DUI (or any other Criminal case) thinks that their case must go to Trial. While we'll examine Trials more fully in the next section, a Trial is what happens if no Plea, or Plea-Bargain can be worked out at the Pre-Trial stage. In other words, Trials are pretty much limited to situations where a person maintains his or her innocence ("I didn't do that...") or the Lawyer feels that the person's guilt cannot be proven beyond a reasonable doubt for some reason or other.

The overwhelming majority of DUI cases are resolved through a Plea agreement, and that usually occurs as the result of a Pre-Trial Conference. In most cases, the Defense Lawyer and the Prosecutor come to an agreement called a Plea-Bargain. A Plea-Bargain means the charge the person is facing is reduced to something less serious. Typically, in a 1st Offense case, a person will be charged with OWI (Operating While Intoxicated) and their Lawyer will negotiate with the Prosecutor to reduce the charge to the less severe offense of Impaired Driving (OWVI). This assumes, of course, that there is no defect in the evidence that could lead to the case being "knocked out" or that could result in a "Not Guilty" verdict if the case actually went to Trial.

Sometimes, when the Defense Lawyer and the Prosecutor meet, they find that there is other information that might help them come to an agreement, or that maybe they are unable to come to an agreement right then and there, but at least feel that there is a reasonable chance they might find some common ground later on, if they meet again. In truth, there are loads of reasons why a Pre-Trial might just result in the scheduling of another Pre-Trial. In my Practice, this happens all the time.

The more important point is that most of the time, whether there is only 1 Pre-Trial, or there are 2 or 3, a DUI charge is resolved by agreement between the Defense Lawyer and the Prosecutor. In 1st Offense cases, as noted above, this "deal" is usually a "Plea-Bargain" tht reduces the original OWI charge to Impaired Driving. Of course, there can be no "deal" unless the person facing the charge also agrees. The Client always has the final say.

Continue reading "DUI, DWI and OWI in Michigan - A Detailed Look at how These Cases are Handled in the Detroit-Area - Part 2" »

It has been quite some time since I've gone over the steps involved in a DUI case. This article will examine every part of the process following a person's release from Jail as their case winds through the Judicial system. Because I intend to cover this subject in detail, and use some examples along the way, this article will be broken into multiple installments. This first installment will focus primarily on getting out of Jail after a DUI Arrest, and will examine the Arraignment stage, which occurs right before, or, in other cases, right after a person's release.

As a DUI Lawyer, part of my everyday experience involves handling DUI cases. I've handled so many that I can navigate my way through the process blindfolded, so to speak. Yet even as a Drunk Driving Lawyer who has handled thousands of DWI and related cases, I need to remember that for most people, a DUI Arrest is their first experience being taken to Jail, and having to deal with a Criminal charge.

Even for those facing a 2nd Offense DUI, such a charge is often only their second time dealing with the Criminal Justice system, and they were often too nervous the first time to recall everything that occurred, beyond remembering that things weren't as bad as they feared. Now, facing a 2nd Offense, they know things are more serious.

Accordingly, we'll do a step-by-step breakdown of what a person facing a real-life DUI, whether a 1st or 2nd Offense, will be dealing with once they have been released from Jai.

To keep things clear, we'll insert 2 imaginary characters into this article, and sometimes refer to them: First-time Freddy, and Second-time Sandra. For the most part, the steps in each of their cases will be the same, but where either those procedural steps, or what they're likely to experience differs, we'll compare and contrast those differences.

One of the first things that can be different from case to case, and depends, more than anything else, on where a case occurs, is how a person gets out of Jail. In some jurisdictions, once a person's BAC (Bodily Alcohol Content) is low enough, they'll be released from Jail without having to pay a dime. In other jurisdictions, they might have to post a $100 Bond, called an "Interim Bond." In some places, they might be held until a higher amount is posted. This might mean calling someone to come and post the money.

In still other jurisdictions, before a person is released, they are actually "Arraigned" on the charge. This means they go before a Judge or Magistrate.

Continue reading "DUI, DWI and OWI in Michigan - A Detailed Look at how These Cases are Handled in the Detroit-Area - Part 1" »

To the unwitting consumer, the word "free" suggests, as it's supposed to, "something for nothing." Yet it is a basic high-school concept, often overlooked by those thinking they're about to get some kind of "deal," or even "freebie," that "there is no such thing as a free lunch."

In the Legal world, this most often arises when Lawyers offer a "free consultation." While the consultation is, of course, "free," anyone getting it needs to remember that there is no such thing as a "free lunch."

This article will draw back the curtain on the ever-present use of that marketing tool by so many Lawyers. And if the reader is thinking I'm going to describe myself as a shining exception to that....you're right!

In the interest of fairness, I should point out that I have and will always offer a "free consultation" of sorts. By "of sorts," I specifically mean that I will do a consultation by phone, but do not make Office appointments and drag someone in on the pretense that I want to use a precious time slot just to answer their questions. Think about it for a moment; how does it advance any Lawyer's interest to line up people for "free" Office visits with no expectation of actually being hired? Where is the money going to come from to keep that Office open and pay the staff? It is, instead, the opportunity to turn that "free consultation" into a paid retainer that's really going on, not some kind hearted, altruistic opportunity to provide a cozy environment just to answer someone's questions with no hope or chance of eventually being hired, and paid.

The fact is, a "free consultation," whether it's my free phone consultation or anyone else's free Office consultation, is an opportunity to meet a potential new Client (meaning paying customer). Certainly, no Lawyer intends a free consultation to be time spent with someone who has no intention of hiring them. I'll be honest about that here; the last thing I have time to do is use up an appointment slot to answer questions and explain stuff to someone looking just for free Legal advice. Yet any number of people will admit and say, right up front, that they have another Lawyer and just want t know if he or she is on the right track, or they have no money and can't afford a Lawyer, or give some other indication that they have no ability or intention to become a Client. How many of those do you think I can carry and still pay my bills? I wonder, would these same people call up a plastic surgeon, make an appointment for a "free consultation," and go in, only to explain that they're not interested in any of the services the surgeon provides, but rather want to know what he or she thinks is the best product they an buy over-the-counter to eliminate the lines around theie eyes, or reduce the appearance of wrinkles?

Thus, the "free consultation," at least to the Lawyer, means an opportunity to interact with someone who needs and is interested in hiring an Attorney. So what, you ask, is my beef with this tactic?

Continue reading "Free Michigan Criminal and DUI Case Consultation, and all KInds of Other Free Stuff, too!" »

It's been a while since I last wrote about Indecent Exposure charges, and in that time I have noticed that there has been a significant change, or shift, in how these cases are brought, and exactly what Offense is being charged. Recently, I've dealt with several cases where my Client has, somewhat mistakenly, thought they were facing a simple Misdemeanor charge.

An astute reader will, at this point, ask, "what do you mean, somewhat mistakenly? Either your Client is right, or he's mistaken."

I have chosen my words carefully. I mean somewhat mistakenly. Read on...

Until a few years ago, the only "Indecent Exposure" crime that existed in Michigan was simple Indecent Exposure, which is a Misdemeanor punishable by up to a year in Jail, but no more than that. And to be clear, in practice, Jail in any Indecent Exposure case can be completely avoided if things are handled properly. In fact, as a Lawyer who rather routinely handles Indecent Exposure cases in the Metro-Detroit area, I am usually able to entirely keep the whole charge off of my Client's Record, meaning the whole incident just "goes away," much less keep the Client from getting locked up.

Then, several years back, the Legislature amended the Law, and added a new charge called "Aggravated Indecent Exposure." This new addition to the Law upped the penalties in cases where, beyond just exposing himself or herself, a person was seen fondling his or her private parts.

At first, even in those cases where there was fondling, many, if not most Police agencies just reverted to bringing the charge as regular old "Indecent Exposure."

More recently, however, the tables have turned, and I see more and more cases being brought as "Aggravated Indecent Exposure." In fact, it has been a while since I've seen a garden-variety simple Indecent Exposure. Instead, almost all the cases I've handled in the last several months have been "Aggravated Indecent Exposure" charges, which are Felony Offenses.

Continue reading "Aggravated Indecent Exposure in MIchigan is NOT a Misdemeanor" »

In part 1 of this article, we began examining the role of the PSI in a Criminal case. We learned that the PSI, or Pre-Sentence Investigation, is a comprehensive process that ultimately results in written Sentencing Recommendation being made to the Judge presiding in any given case. We also learned that the PSI Recommendation could be thought of as a "blueprint" for what the Sentence will be, as almost every Judge out there follows that Recommendation to the letter, or extremely close to it.

Here, in part 2, we'll pick up where we left off, beginning with a look at how the Probation Officer interviewing someone is likely to perceive that person. We'll continue by examining why, in a DUI case, for example, how well or poorly a person scores on the legally required alcohol assessment test impacts what happens to them at Sentencing.

First, bear in mind that everyone showing up for a PSI has been convicted of a crime. Technically speaking, Probation only deals with convicted Criminals. This may seem too harsh or strong a label for someone who has, for example, received their first DUI, and it may not sit well with them, but it does not change the reality that no one is required to meet with a Probation Officer for singing too much in the church choir. A person needs to understand how they are perceived by Probation Officer who will be interviewing them, if they want to positively influence that Probation Officer's conclusions about them.

And make no mistake about it, there is a whole psychological profile to Probation Officers. They are an interesting group, and, whatever else, really are the single most important person in a Criminal case, in that they write the Recommendation that will, in almost every case, be followed by the Judge. Knowing how to deal with them, and understanding things from their side of the desk is an important component in producing a better Sentence.

An example of what not to do in a PSI applies to those first-time Offenders, like the 1st Offense DUI person we mentioned above. Most middle-class DUI Offenders have a hard time thinking of themselves as "Criminals." DUI is, after all, more a crime of bad judgment more than anything else. Almost anyone facing a DUI would never think of robbing or harming someone, or stealing anything. So these individuals, who lack any kind of criminal mindset, are typically horrified at the prospect of being considered, much less treated, as a "Criminal."

Continue reading "How to get a Better Sentence in a Michigan Criminal or DUI Case - Part 2" »

When a person is facing a Criminal charge, they usually have lots of questions. First amongst them, however, is some version of "what's going to happen to me?" In this article we'll take a step back, and instead of trying to answer the question "what's going to happen," we'll examine why whatever does happen, in fact happens. In other words, we'll try to find out why a particular Sentence is handed down in a Criminal case.

Having been a Criminal Lawyer for over 20 years, I certainly have learned a lot. And while I hated to be on the receiving end of these comparisons 15 or so years ago, the reality is that I know a lot more now than I did then. I have learned things that go way beyond knowledge of the Law itself. Often, what is most important in predicting the outcome of any specific case has more to do with where the case is pending, or the identity of the Judge to whom it has been assigned, rather than the rule of Law itself.

This is why, when we speak of Doctors and Lawyers and other professionals who have around 20 years experience, we say they're "hitting their stride." This is also why you'll never see a rich and famous person being represented by a newbie Lawyer. Think of any celebrity Criminal case; the Lawyer who stands in front of the microphones is always a seasoned veteran.

Yet for all that, I began to figure out certain truths about why cases turned out the way they did pretty early on in my career. Here's where anyone who has ever had a prior Criminal case will instinctively understand what I'm about to say, while everyone else will simply have to believe the logic of it:

What happens, meaning the Sentence that a person receives, in any case, is always either identical to, or nearly identical to the Sentencing recommendation sent to the Judge by the Court's Probation Department.

This bears some explanation.

In all Felony cases, and in many Misdemeanor cases (such as DUI), the Law requires that, prior to a person being Sentenced by the Judge, they go to the Court's Probation Department for an evaluation and interview, called a Pre-Sentence Investigation (PSI), and that the Probation Department, as a result of that process, generate a written Report and Sentencing Recommendation to be used by the Judge in Sentencing the person.

Continue reading "How to get a Better Sentence in a Michigan Criminal or DUI Case - Part 1" »

A number of recent cases that have come my way have had me pointing out what so many people already know, and talk about: Oakland County is generally tougher on Criminal Cases that either Macomb, or Wayne.

In fact, while some who don't know better might joke that one can get away with anything in Detroit, the fact of the matter is that for most real-world Criminal cases, like DUI, Possession of Marijuana, and Suspended License matters, Oakland County is the last of the 3 Counties I'd want to be in if I were facing such a charge.

This is not to say I think there's anything wrong with any of the Oakland County Courts, it's just to point out that if, for example, a person is facing a DUI, the outcome will be noticeably more lenient in a city like Warren, or Detroit, as opposed to Rochester Hills.

Of those Courts known to be really tough, perhaps none can come close to the reputation, at least, of the 48th District Court in Bloomfield Hills and how it typically handles a DUI. In that Court, a 1st Offense DUI can, realistically, result in a Jail Sentence. For anyone facing a 2nd Offense, well, bring a toothbrush.

I get around to all 3 Counties all the time, but the bulk of my practice is, happily, in Macomb County. I like it that way. I haven't had my Office in Mt. Clemens for nearly 20 years just because I like to drive. Having an Office right across the street from the Macomb County Circuit Court allows me to be closest to the Courts I get to the most. I chose the "County Seat" for my Office because I think that, amongst all the Courts in the Tri-County area, those in Macomb strike the best balance between firm and fair.

Of course, this is just my opinion. However, ask anyone who gets a Possession of Marijuana in Oakland County, and winds up on a year and a half to two years' Reporting Probation, with all kinds of testing and classes, how he feels about someone with the same charge in a Macomb County Court who winds up getting a years' Non-Reporting Probation. Chances are, they'll agree with me.

Understand my perspective: I defend Criminal cases. When I feel that people get the best breaks here, and not such good breaks there, I cannot help but start to like the place where the best breaks are had. And when all of my colleagues say the same thing, and feel the same way, then I know there's something to all of this.

Continue reading "Criminal Cases in Macomb, Oakland and Wayne Counties - How Each County is Different" »

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 " »