Criminal Law Attorneys Who Will Fight For You
As you will see with the information provided below criminal law is actually highly specialized and a good criminal attorney has a vast knowledge of criminal laws and others; as convictions for certain crimes have consequences that can affect your daily life long after your court case is over. You want an attorney that regularly practices and keeps up with ever changing criminal laws. You want an attorney that will fight for you. You want an attorney that has tried criminal cases and won. Hire Freers, Freers, and Freers and we will put our vast knowledge and zealous representation to work for you.
Crimes are divided into two categories, felonies and misdemeanors, although some are still called high court misdemeanors, these are felonies for all practical purposes. The type of crime, felony or misdemeanor determines how the court procedures will go. Misdemeanors generally stay in the District Courts (unless they are accompanied by one or more felonies), while felonies must go to the Circuit Court for the County.
Once someone is charged with a crime they must appear in court for what is called an Arraignment. The purpose of the arraignment is twofold, one to inform the person charged of the crimes against him/her and two to set a bail amount that will ensure the person’s appearance at court for the next court date. It is imperative to have already hired counsel at this stage because you want your rights protected at every stage in the process. When determining bail (how much money it takes to stay out of jail) the court must look at several factors including, the dangerousness of the offense, the person’s criminal history, whether the person is a danger to society, whether the person will appear for court, etc. among other factors. And again, you want your advocate at the arraignment prepared to fight for you.
The next step depends on the crime, misdemeanors are set for a pre-trial and felonies are set for a probable cause conference.
Misdemeanors
Misdemeanors are crimes that are punishable by a maximum of one year in the county jail plus fines and costs. Most misdemeanors are either one year or 93 days and some are 90 days. Some common misdemeanors include, assault and battery, domestic violence, possession of marijuana, retail fraud, larceny under $200, driving while license suspended (dwls), minor in possession (mip), disorderly conduct, disturbing the peace, possession of a dangerous weapon
A pre-trial conference is the opportunity for your attorney and the prosecutor to discuss the case, strengths, and weaknesses. Usually, the prosecutor offers some sort of plea deal at the pre-trial. It is then up to the attorney and client to discuss the pros and cons of any plea offer. It is then the CLIENT’s decision whether to accept or reject the offer, taking into consideration the advice of counsel. If the plea is acceptable the matter moves to sentencing which can include jail, fines, costs, and probation or any combination. If the plea is not acceptable, the client can reject the offer and the case will proceed to trial. Certain misdemeanors are sentenced on the same day the plea is entered negating the need to return to court. However, some misdemeanors like domestic violence or assault and drunk driving (owi=operating while intoxicated, owvi=operating while visibly impaired, OUIL=operating under the influence) and drugged driving require a pre-sentence report and usually must come back to court on a different day for sentencing.
A trial is then set for either a bench trial, the judge will decide the case, or a jury trial, where members of the community will decide the case. Misdemeanor jury trials in district court are comprised of 6 members of the community the district court serves and the people are chosen at random from the registered voter lists. There are pros and cons to both bench and jury trials and the decision should be made after an in depth discussion of the facts and law of your case.
We will fight to get you the best possible outcome whatever your charge. We have gotten cases dismissed, kept crimes off records, and kept people out of jail and reduced fines and costs and probationary periods. We can, and have, handled every type of misdemeanor including:
- Assault and Battery—touching someone in an offensive manner against their will
- Domestic Violence—essentially an assault and battery but against someone in a particular relationship, dating familial, child in common, etc
- Possession of Drugs/Drug Paraphernalia—simple possession of marijuana is usually a misdemeanor, as well as drug paraphernalia, but may qualify for special statutes, see below.
- Disorderly Conduct/Disturbing The Peace
- Retail Fraud—theft in a store value of goods under $1,000.00, Retail Fraud 3rd is a 90 day misdemeanor and the value of the merchandise stolen must be under $200, Retail Fraud 2nd is a one year misdemeanor and the value of the merchandise taken must be $200-$1,000, unless there is a prior conviction for retail fraud 3rd then it can be enhanced regardless of the value.
- Larceny—This can be any type of theft but for it to be a misdemeanor the value is usually under $1,000.00
- All traffic misdemeanors including Driving While License Suspended (DWLS) and Operating While Intoxicated (OWI) and Operating While Visibly Impaired (OWVI), Leaving the Scene of an Accident, Failure to Report an Accident, etc. – Traffic offenses can have long range consequences for both your driver’s license and insurance. Contact us to discuss your case before further damage is done. If the damage is already done, and you have lost your privilege to drive we can help restore your driver’s license.
Felonies
Felonies are crimes that are punishable by more than one year in prison. Some misdemeanors can become felonies if you are convicted of the same misdemeanor twice before. For example, the third time you are charged with drunk driving or retail fraud it becomes a felony, enhanced by the prior convictions.
The process for felonies has recently changed in Michigan. After the arraignment, cases now proceed to what’s called a probable cause conference. At a probable cause conference, the Defendant and his or her attorney must decide whether or not to hold the preliminary exam. There are several factors to consider when deciding whether or waive or hold an exam, each case is fact specific and the determination must be made on a case by case basis. We have assisted many clients in weighing the pros and cons of proceeding with a preliminary exam and we can help you decide which course of action will achieve the best possible result for your case. If the case proceeds to exam, the preliminary exam is held at the district court. Testimony is taken and the judge determines whether there is probable cause that a crime has been committed and whether there is probable cause to believe the defendant committed that crime. If the judge find there is not, the case is dismissed. If the judge finds probable cause exists, the case proceeds to an arraignment/pre-trial at the circuit court.
Once the case reaches the Circuit Court, plea discussions begin and you must determine whether you want to enter a plea or proceed to trial. The right to go to trial is the right of the defendant only. We will never force you to take a plea, that is solely your decision and you always have the right to go to trial. Our job is to give you the best advice possible and help you weigh the pros and cons of any plea offer and any trial decision. With over 50 years of combined experience and hundreds of jury and bench trials under our belts, we are well equipped to assist you.
If you go to trial the jury or judge has two options (most of the times, rarely there are other options). They can find you guilty or not guilty. We have gotten not guilty verdicts for several crimes including many of the ones listed below.
If the verdict is guilty or you enter a plea, the case proceeds to sentencing. Felony cases require what is called a Pre-Sentence Report (PSI) prepared by the probation department. Michigan has sentencing guidelines, which were recently ruled advisory but must still be taken into consideration by the sentencing judge. Usually, the judge will sentence you within the guideline range. We can run the guideline range for you at the beginning of your case to help you know the possible penalties.
We have handled a wide variety of felony cases including but not limited to:
- First Degree Murder/Second Degree Murder/ Voluntary and Involuntary Murder/ Homicide/Manslaughter, Operating While Intoxicated Causing Death
- Robbery, Armed and Unarmed and Bank Robbery
- Criminal Sexual Conduct (CSC) First Degree, Second Degree, Third Degree and Fourth Degree
- Home Invasion First Degree, Second Degree and Third Degree
- Controlled Substance Delivery Manufacture
- Controlled Substance Possession, Controlled Substance Analog Possession
- Aggravated Domestic Violence/ Felonious Assault
- Weapons Violations, Carrying a Concealed Weapon, Felon in Possession, Felony Firearm
- Identity Theft, Financial Transaction Device Crimes, Larceny
- Operating While Intoxicated Third Offense
- Resisting and Obstructing a Police Officer
Special Statutes
Michigan has some “special statutes” which recognize that some crimes do occur and people should get a “second chance”. These statutes can usually only be used if the defense, prosecutor, and judge all agree. Here is a brief overview of some of these statutes. It is important to remember that these may not be applicable in all cases for a variety of reasons and you MUST discuss your individual case with a licensed attorney.
MCL 333.7411—used in drug crimes, possession only not delivery, felonies and misdemeanors, allows the crime to be off your public record if you successfully complete a term of probation.
MCL 769.4a—for domestic violence cases. Allows for the defendant to successfully complete a term of probation and upon completion the charge is dismissed from your public record
MCL 771.1—allows for usually any misdemeanor to be dismissed from your public record upon successful completion of a probationary period
HYTA—Holmes Youthful Trainee Act—allows for a wide variety of crimes, including some felonies, for youthful offenders, offense must occur before their 24th birthday to be taken “under advisement” and removed from your public record if probation is successfully completed.
Most municipalities, cities and townships, also have ordinances that apply to the charge of “minor in possession” allowing for this charge to remain off your public record if probation is completed successfully.
Constitutional Rights
We get a lot of questions on constitutional rights in the criminal process and they play a vital role. Knowing and understanding your constitutional rights is vitally important. The information presented here is for informational purposes only and may not apply to your specific case. Contact us to discuss your rights and your case.
Fourth Amendment—In the criminal law context, the 4th Amendment protects you from unreasonable searches and seizures of persons and property by the government. This has a vast effect on criminal law and effects nearly every type of case from traffic to murder and criminal sexual conduct. The Amendment demands the government first obtain a warrant to search any place in which you have an expectation of privacy. However, there are several exceptions to the warrant requirement. For example, plain view, objects in plain view, like marijuana or a gun do not require a warrant to be seized, provided the officer is lawfully in a position to view the items. Automobiles have their own exception, as does officer safety and there are many more. Items unlawfully seized can be suppressed and charges that stem from those items dismissed. Your person can also be seized in the meaning of the 4th Amendment, and it is imperative you know when this is permitted and when it is not. You need an attorney well versed in this Amendment in the even that your rights were violated. Contact us today.
Fifth Amendment—This Amendment includes your right to remain silent and not have that silence used against you as well as double jeopardy (essentially being punished more than once for the same crime, which happens more often than you might think). The main one is the right to remain silent. It is from this Amendment that the Miranda warnings stem, they are: “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 can be appointed to represent you.” A police officer must ready these rights to you if you are in custody (not free to leave) and they are interrogating you, asking you questions they know will lead to an incriminating response. They do not have to tell you these rights just because they arrest you and they do not have to tell them to you when asking foundational questions like for your identification. It is important to note that while you have the right to remain silent, you do not have the right to lie to the police, this is a crime and you can be charged. Whenever you are unsure, REMAIN SILENT AND ASK FOR AN ATTORNEY. You must unequivocally invoke your right to counsel, which means no “maybe I should” once you ask for an attorney do not speak until you have spoken to that attorney or you may unknowingly waive your rights. It is always best to speak to an attorney before speaking with the police.
Sixth Amendment—This is the right to a jury trial and the right to an attorney as discussed above. You have the right to a jury trial, for felonies this means 12 jurors, and for misdemeanors 6. Verdicts must be unanimous, that is all jurors must agree for either a guilty or not guilty verdict. If they cannot reach a decision it is called a mistrial and the defendant may be tried again, this does not violate double jeopardy. This Amendment also includes your right to an attorney and your right to have an attorney appointed if you cannot afford one. The right to an attorney attaches any time you may be deprived of your liberty, so usually only for crimes in which jail time is possible, misdemeanors and felonies. It does not apply for civil infractions like speeding tickets. Of course you also have the constitutional right to represent yourself, although this is highly unadvised.
Michigan Medical Marijuana Act (MMMA)
As most people are aware, Michigan voters legalized the use of medical marijuana for people with certain medical conditions in 2008. The laws surrounding the use are fairly specific and the requirements must be adhered to, such as how many plants one can have, how much loose marijuana can be in your possession as well as the storage and transportation of medical marijuana. There are even rules regarding a bona fide doctor patient relationship. We have handled the defense of criminal prosecutions involving medical marijuana successfully since the legislations enactment. Contact us today to ensure that you are in compliance with the statutory requirements before you have a problem. Or let us handle it once a problem has arisen. We are very familiar with the statutory requirements and the defenses to prosecution.
Expungement
Removing a crime from your public record in Lansing is also known as an expungement. The rules in this area as to what can and cannot be expunged as well as when certain crimes can be expunged are ever changing. Normally at least 5 years must have passed since the end of your sentence and normally you can expunge one charge. Although the law has changed somewhat and in certain circumstances you can expunge more than one offense. Contact us today and find out if you are eligible.
