Michigan Criminal Defense Lawyer Blog
In this 2-part article, we’re going to examine and explain the arraignment in Michigan criminal and DUI cases. In this first part, we’ll look more at the legal purpose of an arraignment. In the second part, we’ll dig a bit deeper into it’s function and process in the Metro-Detroit area. For my team and I, “Metro-Detroit” means the various courts located in Wayne, Oakland, Macomb, and the surrounding counties.That matters because, as we’ll see, the actual process can be quite different from one court to another.
The arraignment has a long history. It has been around pretty much as long as criminal charges have been made against people in court. Black’s Law Dictionary, the most highly regarding source for legal definitions, concisely describes the arraignment as “the initial step in a criminal prosecution, whereby the defendant is brought before the court to hear the charges and to enter a plea.” While that’s historically true, it also leaves out a LOT of important and practical considerations.
To be sure, the primary purpose of an arraignment is to advise a person of the charge or charges being made against him or her. It also informs the person of the maximum legal penalty that can be imposed for each. However, in many misdemeanor cases, at least in Michigan, the arraignment can be “waived” so that one does not need to show up in court for it. More on that later. I point this out now, however, to make clear that criminal procedure has evolved a lot over the last several centuries.
To be clear, there are precisely 4 offenses covered by the actual law linked above. As its title suggests, they include driving while one’s license is suspended, revoked, or has been denied. Note that the very first section makes clear that the law also applies to anyone who has never obtained a license, as well. Accordingly, if a person gets caught driving for any of those 4 stated reasons, it violates the very same provision of law. It doesn’t matter if the specific status of his or her license status is or was misidentified in some way or other.
The good news is that the fear of going to jail often misplaced. Avoiding it, at least in the kinds of cases our firm handles, is usually not too difficult. In many cases, it’s because my team and I do good work. In other cases, however, it’s because jail simply isn’t on the menu in the first place. What is at issue in every criminal case is the potential damage that can result from a conviction when it goes on a person’s criminal record. We live in the Information Age now, so that can have a profound effect on one’s future.
Seriously. No matter what did or did not happen, there is nothing a person can say that’s going to help his or her situation. Unfortunately, people sometimes feel riddled with guilt if they’ve helped themselves to company money, or goods. Then, in a misguided attempt to “set things right,” they make admissions. Even if the evidence in a case is overwhelming, and the facts beyond dispute, just don’t say anything. Even though it’s free, this is priceless legal advice. Moreover, you will never find any competent lawyer who will disagree with it. Ever.
Let’s begin with the “set in stone” part of this. Under Michigan law, DUI driver’s license penalties are automatic and certain, upon conviction. “Certain,” in the sense we’re using it here, means 2 things: First, that they are unavoidable, and, second, that they are absolute. We’ll go through the different penalties for the various levels of 1st offense DUI’s later. For now, however, the reader simply needs to understand that these penalties must be imposed by the Michigan Secretary of State, and they cannot be modified in any way.
It’s been awhile since I’ve addressed this topic. A a number of recent calls to our office have made clear, however, that it’s time to do so again. The right to remain silent and not incriminate one’s self is guaranteed by the U.S. Constitution. The police, for their part, try to work around that and get someone to talk. In large part, those efforts are legal. For as different as one case might be from another, and no matter what the situation, we keep coming back to the same proven advice: Shut up.
Properly fighting DUI charges requires a plan – an intelligent defense strategy. About the worst thing any lawyer can do is try and contest everything, including the arresting officer’s 7th grade report card. Not only doesn’t that work, it pisses off the Judge real fast. It also causes the lawyer to lose all credibility. Unfortunately, there are more than a few such characters out there. Initially, they may sound like they’re strong and determined, but soon enough, that illusion gives way to reality.
A person must also be sober, and be able to prove it, in order to have any chance of winning. Our firm generally requires someone to have at least 18 months of clean time before we’ll consider filing a case. “Clean time” means complete abstinence from alcohol and all other substances. In essence, a person must show that he or she is alcohol and drug-free, and has both the ability and commitment to never drink or use anything anything again – including recreational marijuana.
The inspiration for this article came about from a recent, real life experience. A family friend had contacted our office about a DUI charge for one of their children. Ultimately, they wound up hiring a very inexpensive lawyer who had handled a divorce for some relative. The fact that he/she offered a super bargain price was just too good for them to pass up. Our firm couldn’t take on the case for anything close what that sole practitioner charged, as we have payroll and other obligations.
The most important element of this whole discussion is value. Value means what you get for your money. In a license appeal case, it means winning back the ability to drive again, legally. Let’s be very clear on this point – NOTHING else matters besides winning. There is no value in a free lawyer who loses, any more than there is any value in the most expensive lawyer who doesn’t win, either. In other kinds of cases, a person pays legal fees for the lawyer’s best efforts. The hope is that the attorney’s experience and skill will produce the desired result. That doesn’t apply to license appeal cases.