A police officer approaches you, tells you a complaint was made, and you’re suddenly escorted to a police car in handcuffs. Your mind is racing and tracing your steps to understand what is happening. You are now being charged with a crime. What do you do?
Click here to watch the video on What You Should Do If You’re Criminally Charged In Michigan
A criminal charge is very very different from having police involvement in a non-criminal thing like disturbing the peace or traffic violations. A criminal case is dramatically different because at risk is your personal liberty. It’s not something to be taken lightly.
Revealing The Most Possible Scenario For People
If ever, you are in a worst case scenario of being arrested or being brought to court, here are the most likely scenarios you will face. Upon arraignment, you will be informed of the charge brought against you. This could be any of two things: A misdemeanor or a felony charge.
Misdemeanor vs. Felony
The length of incarceration a person faces is the primary distinction between a misdemeanor and felony offense under Michigan law.
A misdemeanor is a crime that has a less severe punishment. A felony is a more serious offense carrying harsher punishment.
For instance, a first or second DUI offense in Michigan is a misdemeanor punishable by up to 93 days in jail for the first offense and up to a year for the second. A felony is committed after a third DUI. Felony DUI involves a harsher penalty, with possible jail term ranging from 1 to 5 years.
Felony DUI involves a harsher penalty, with possible jail term ranging from 1 to 5 years. If you pledge to show up in court later, the police may release you if you’ve been charged with a misdemeanor.
You may also be forced to lodge money with the police as an “interim bond” to guarantee your future appearance in court. If you don’t show in court, you’ll be charged with the crime of failing to appear.
If you’ve been accused of a felony, you must appear before a judge and post bond before you are allowed to leave. The precise sum will depend on the charges you face and the circumstances surrounding your arrest. Although bail is a complex topic, your attorney will guide you through it.
A misdemeanor conviction is only grounds for a year in jail, according to the law. A misdemeanor offender will never spend time in prison, but a felony offender may receive a conviction without serving any jail or prison time.
Do jail and prison have different meanings then?
These words are frequently used interchangeably. However, the meaning behind them is completely dissimilar. The county sheriff in charge of the area oversees a jail, while the Michigan Department of Corrections is in charge of prisons. (MDOC).
The total time spent in jail cannot exceed a year. When someone is given a jail sentence, it usually entails a minimum of one year in custody and a maximum of life without the possibility of parole.
Therefore, you may understand when someone in Michigan says someone is serving “seven months in prison,” they actually mean the offender is in jail.
The Tested Process For People Charged In A Criminal Case
For someone who doesn’t go to courts as a career, and suddenly find themselves shuttled to court rooms (or jail), the experience can be quite disconcerting and downright confusing. When you do get arrested, or you get brought to court, here are some things to understand.
Arraignments
An arraignment is a brief hearing taking place before a district court judge or magistrate in Michigan. After being detained, you will be summoned to court. When you arrive, the judge will advise you of the accusations made against you and go through your legal rights. This information is contained in the “Complaint,” which is the charging document.
The prospective consequences of your conviction will also be disclosed to you by the court. You have two options when pleading guilty or not guilty to minor charges: you can say nothing, which the court will take as a “not guilty” plea. The court will schedule a date for a probable cause conference and a preliminary examination if you have been charged with a felony.
Misdemeanor Arraignments
If the defendant hasn’t retained counsel during a misdemeanor arraignment, they may request a court-appointed attorney (public defender) if they are unable to pay for one. The defendant will be able to enter a plea at the arraignment. A plea is an admission of guilt. Defendants are permitted to enter guilty, not guilty, or no contest pleas. When a defendant enters a “no contest” (also known as a “nolo contendere”) plea, they neither admit nor deny their guilt.
Additionally, defendants have the option to “stand mute,” which means they keep quiet. The judge will treat it as a plea of not guilty if this occurs. The case will be scheduled for a pretrial conference if the defendant remains silent or enters a not guilty plea.
The case will proceed to the sentencing phase if the defendant enters a plea of no contest or guilty. The judge may sentence them on the day of the plea or at a later sentencing date, depending on the offense. The probation department has time to create a pre-sentencing report while sentencing is postponed. This report will include details on the defendant’s history, the crime, and suggested sentences.
Felony Arraignments
The judge informs the defendant of their entitlement to a preliminary examination (commonly known as a “prelim”) within 14 days of the arraignment at a felony arraignment in district court. The defendant’s desire for a court-appointed attorney may also be taken into account by the judge. At this time, the defendant will not enter a plea.
The Process
The Michigan criminal justice system goes through a process that may slightly vary based on local courts or even local judges.
Here’ a quick list of steps commonly followed by the system:
Step 1: A Crime is Committed and/or Police Notified
Step 2: Police Investigates the crime or report
Step 3: Police Makes an Arrest (or Request a Warrant)
Step 4: Warrant or A Charging Request Is Reviewed by Prosecuting Attorney
Step 5: A Warrant Is Issued
Step 6: A Suspect Is Arrested (most probably you)
Step 7: District Court Arraignment
Step 8: Trial (Jury or Bench/Judge)
Step 9: Pre-Sentencing Investigation and Report
Step 10: Sentencing
Step 11: Appeal
Your lawyer should be able to walk you through each of the steps in your first consultation meeting. Be sure to ask a handful of questions about each step and the expected outcome for each.
You’ll Need To Do This Immediately No Questions Asked
There can be so many things happening prior to you being arrested or even charged in court. The police or law enforcement agencies just can’t approach, search, and/or detain you without probable cause.
If you are stopped, and/or under suspicion for a crime.
In general, officers need a search warrant to enter any private property, search electronic devices like your phone or computer, or enter private buildings or areas.
You are not required to let police enter your home, garage, automobile, or any other private location that isn’t accessible to the general public if they don’t have a search warrant. You ought to permit authorities to search anything stated in a warrant if they do have one. Usually, the scope of the search is set down in the warrant.
Police are permitted to search without a warrant if they are present during a crime.
Police may ask for your consent to search if they do not have a search warrant. You don’t have to provide your consent.
You can request permission to see the police while they complete their search while they are in the middle of it. Before they start, you might also inquire if you can call a lawyer. When the search is over, the police should provide you with a list of everything they keep as evidence. A copy of the search warrant or equivalent authorization paperwork should also be left behind.
When a person is stopped for driving, other laws are in effect. If police have reason to believe they will find evidence of a crime during a traffic stop, they may be entitled to search the vehicle without a warrant.
If you’re about to be arrested or are being arrested.
After you are arrested, neither the police nor the prosecution can make you answer questions. The Fifth Amendment to the United States Constitution guarantees your right to silence.
The Miranda rights, which must be read to you by the police if you are detained, most commonly read as follows:
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.”
You might hear a different version, but it should include the same rights: “If you cannot afford an attorney, one will be given for you.”
When speaking with the police or a prosecutor, you have the right to an attorney’s presence. Any declarations you make—oral or written—fall within this category. The Sixth Amendment to the United States Constitution guarantees your right to counsel.
According to Michigan law, anyone accused of a crime who requests legal representation can do so regardless of their financial situation. To have a lawyer present while being questioned by the police, you must expressly and forcefully request one.
All sorts of considerations exist when you’re first charged. And people’s natural instinct is usually counterproductive to the successful handling of the case.
Sometimes people feel like they can just go and tell their side of the story. They have this notion that if people hear what they have to say, the criminal case against them will be dismissed.
Wrong!
The police certainly will not do that. If anything you will end up saying something putting you at the scene of the crime. Or you may be doing things difficult for your lawyer to unravel later on.
Call your lawyer!
You have to realize one thing. Just like when you start to get sick the first thing you do is call your doctor. Call a healthcare professional.
When you are charged with a crime, the first thing you going to do is call your lawyer.
Your lawyer is going to be able to tell you exactly what you should and should not do. There are procedures all designed to protect you.
If you have a kid in trouble with the law, you may want to read our article, “What To Do If Charged as Juvenile in Michigan?” to get a perspective on what to do.
This Is What Your Lawyer Should Immediately Make
You are presumed innocent until and unless proven guilty following an arrest, but not every person charged with a crime chooses to go to trial or enter into a plea agreement. Instead, a lot of accusations are withdrawn or dismissed in Michigan courts, and the defendant is found not guilty.
Make an assessment of the charges and the process.
Understanding the charges and the legal process you are up against is crucial if you want to have your charges reduced or dismissed. Your charges and the procedure ahead of you will be outlined in the beginning, such as during a session with your criminal defense lawyer, so that you have a full understanding of the path you’re facing.
Make a decision to have the charges dropped or dismissed.
Finding out if there are good reasons to drop or dismiss your lawsuit is one of your attorney’s first goals. Dropped cases can happen for a variety of reasons, including lack of evidence and violations of the defendant’s civil and constitutional rights, as well as when police officials may not have followed proper arrest and detention procedures.
The best case scenario in Michigan entails charges being dropped or dismissed, regardless of whether you are charged with an infraction, misdemeanor, or felony. Although an innocent finding is obviously preferred, getting your charges dropped or dismissed could help you avoid spending money and time on court fees. The following are some of the most typical causes of this outcome:
- No reasonable suspicion to make the arrest
- Inaccuracies in the accusation or charging paperwork
- Unauthorized stop and search
- Key witnesses, missing or lost evidence, etc.
Additionally, even if the court finds you guilty at first, you have the right to appeal the ruling, and the appeals court may dismiss your case.
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