Kent, Allegan, Muskegon, & Ottawa Criminal Law
ASSAULT & BATTERY
DUI / OWI / OUIL
THEFT & PROPERTY CRIMES
2. Do Not Resist
3. Give Only Your Name
4. DO Not Answer ANY Questions
5. DO Not Volunteer ANY Information
6. Admit Nothing!!!!!!
7. Bond Out
8. Call a Lawyer
THE POLICE ARE NOT YOUR FRIEND, NO MATTER WHAT THEY SAY ABOUT HELPING YOU OR MAKING IT EASIER ON YOU, THEY WON'T. Once you have been detained for further interrogation and/or arrested, do not speak to anyone about your case. ASK FOR A LAWYER and SAY NOTHING - you can only hurt your case if you give ANY information to the police, other than your name. Do not tell them where you work. You don't have to and your job may be at risk. Many people are convicted of crimes based upon information they have supplied the police after an arrest with or without Miranda rights being read.
What is the Michigan Criminal Court Process?
1 Arrest: The police take you into custody.
2 Arraignment: At the arraignment the judge will do 4 things:
- Read the charge(s).
- Ask how do you plead? (Guilty, or not guilty or no contest.)
- Set a Bond.
- Ask if you need a court appointed lawyer?
A Felony (a crime punishable by more than one year in prison) a Preliminary Examination date is set within 14 days of the date of the arraignment.
A Misdemeanor (punishable by one year or less in jail) go to step 6.
4 Probable Cause Conference is used to see if witnesses ned to be called in for a Preliminary Examination. Preliminary Examination: A hearing in a District Court designed to find out:
- if a crime was committed? and
- if there is reasonable cause to believe you are the person that committed the crime.
5 Circuit Court Arraignment: (only in felony cases) same as number 2 above except it is held in the circuit court
6 Pretrial Conference: Held between the attorneys to see if a plea agreement or other resolution is possible or can be worked out.
7 Trial: Your day(s) in court.
8 If you are found NOT Guilty the case is over, if not you go to a Pre-Sentence Investigation: This is a report done by the probation department, which explains to the judge who you are, what your background is, and any information the judge should take into consideration in fashioning an apropriate sentence. 9 Sentencing: The judge pronounces the courts sentence.
10 Appeal: While you have an absolute constitutional right to represent yourself, it is not advisable to try to do so. If you cannot afford a lawyer, the court will appoint one to represent you. Why should I hire a lawyer?Most lawyers offer a free consultation. A consultation with a lawyer will help you understand:
- the criminal process
- admissibility of evidence
- your rights
- possible sentences
- any defenses you may have