The most common types of criminal cases that my firm handles are misdemeanor cases, such as drunk driving, domestic violence and criminal traffic offense cases.
The top misconception people have about being arrested for a crime is that they think it would help to talk to the police, when in fact it more often than not actually hurts them. People should exercise their right to remain silent and their right to ask for an attorney
Common mistakes that can harm a person’s case include making statements to the police and failing to hire a lawyer. Other common mistakes involve the person not knowing the importance of the immediate preservation of evidence.
Individuals who are “in custody” are entitled to be read their rights before an interrogation. Michigan criminal law continues to evolve concerning what “in custody” means, who must be read their rights, and under what circumstances. Statements taken by the police during a custodial interrogation without a proper reading of an individual’s Miranda rights may result in such statement being “suppressed” by a judge. Further, if you tell police you wish to remain silent and want an attorney, but police continue to question you; your answers could be suppressed by a judge as well. This means that it may be possible to keep statements you make that may be damaging out of court and away from a jury. Many times, this may be the difference between a conviction and a “not guilty” verdict.
Although character evidence may not entirely exonerate someone, it is taken into consideration when negotiating a plea and at sentencing.
The main difference between misdemeanor and felony charges is the length of incarceration that the defendant could potentially face. A misdemeanor charge typically carries a maximum sentence of up to 93 days in jail, whereas a felony charge typically carries a sentence of more than 93 days in jail and up to life in prison.
Bonds are usually first set at the time of arraignment when the accused appears before a district court judge or magistrate to hear the charges he or she will be facing. Typically the judge takes into account various factors in setting bonds, including the person’s prior record, previous record of appearances or nonappearances in court, history of substance abuse, the seriousness of the offense charged, the person’s mental condition, the person’s employment status and facts indicating ties to the community. All bonds include conditions of not violating any laws, keeping the court notified of the person’s address, showing up on time for court and not leaving the state of Michigan without the court’s permission.
For more information on Common Criminal Cases In Michigan, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (248) 869-0030 today.