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FAQ
What Should I Know When I Am Arrested  In Michigan?
What Is An Arrest?

When you are arrested, you are taken into police custody. This means that you are not free to leave the scene. Without being arrested, however, you still could be detained or held for questioning for a short time if a police officer or other person believes you may be involved in a crime. An officer may detain you if he or she beliefs that you committed a crime. Whether you are arrested or detained, you do not have to answer any questions except to give your name and address and show some identification if requested.


Someone I know has been arrested, what should we do?

There are two things to consider in the crucial moments which follow an arrest. The first is securing the person’s release from jail as soon as possible. There are a number of ways this can be done. Call this office to see if there is a bail can be set or to request an immediate arraignment before a Judge to set a bail and release. The second concern is to preserve the arrested person’s ability to defend against the accusations. It is best for the accused NOT to make statements to anyone concerning the case until he or she is able to consult with an attorney. 

I have an outstanding warrant for my arrest, what should I do?

A warrant is an order to law enforcement to take a person into custody.  You can surrender yourself on the warrant, wait to be arrested, or contact an attorney.  An attorney may ask a judge to recall the warrant, or may file a motion to have a warrant canceled. Our advice do not wait until you get arrested. 

I was just contacted by a police investigator, what should I do?
 
Decline to talk unless you have an attorney present if you are the subject of the interview.  If you are a witness, simply tell the truth.  If you are not sure why the investigator wants to talk with you, talk with an attorney first.  The investigator can wait.

I have been arrested, what happens now? 

Once a person has been arrested in Michigan, the arresting police officer (usually the detective) must draft all the police paperwork in your case. This paperwork often takes a number of hours to complete, and once it is done, it is forwarded to the District Attorney's Office (prosecutor) for review. Most people think that the police charge people with crimes. That is not exactly true in Michigan. While the police do make a decision as to the arrest charges on their paperwork, the final say so as to the charges that will be made against you, if any, is up to the District Attorney of the county where you were arrested. Please understand that just because the police arrest someone, doesn't mean the District Attorney must prosecute the case. There are many occasions that the District Attorney reviews the allegations against you and make a determination to decline to prosecute you. There are numerous reasons that may happen, but frequently, it means that in the prosecutor's legal opinion, there is no crime that can be legally charged against you. 

In the event that the District Attorney decides to charges against someone, they may not be the same charges that the police choose for their paperwork. Often, the police will charge someone with a felony where the facts can be made to fit that type of accusation, but the District Attorney will decide based on to many reasons to list here that the case would be better handled as a misdemeanor. 

Practical Tip: When a person is arrested, it is impossible to know what the charges will be until the District Attorney makes the final charging decision in the warrant document that is filed with the Court.

What is  "Miranda Rights"? 

The law requires the police, after an individual has been arrested, to inform that person of his Fifth Amendment right against self-incrimination, specifically: 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, and if you cannot afford an attorney, one will be appointed to you. 

If a defendant has been placed under arrest, and is questioned without being given the Miranda warnings, a court may throw out any evidence (such as a confession) that is obtained as a result of that questioning

What is an Arraignment? 

The arraignment is the first stage of the criminal justice process that occurs in a courtroom.  At the arraignment, the judge will ask the defendant whether he has an attorney. If the defendant cannot afford an attorney, his defense will be handled by a public defender. The judge will read the criminal charges pending against the defendant and ask the defendant how he wishes to plead: guilty, not guilty, or no contest. After the defendant has responded to the charges, the judge will schedule further proceedings, as necessary, such as preliminary hearings or trial dates. 

What is a Preliminary Examination? 

At the preliminary hearing, the judge will be presented with the probable cause of the prosecution's case, and he or she must make a determination as to whether there is sufficient evidence to force a defendant to stand trial. In making this decision, the judge will evaluate the evidence using a "probable cause" standard. "Probable cause" is generally considered to be "a reasonable belief that a crime had been committed." If the court should find that there is no probable cause, the case against the defendant will be dismissed. 

If I ask an undercover police officer if they are a police officer, do they have to tell me the truth?

No, they do not. This question is usually asked in connection with cases relating to solicitation to commit a lewd act, prostitution, or in the sale or trafficking of drugs. It's wise to not place yourself in any of the above situations so you are never in the position of having to ask someone if they are an undercover police officer. 

Do I need an Attorney?

Of all the criminal law questions we receive, this is perhaps the number one question. The answer is quite simple. If you are accused of a crime or violation, it is in your best interest to retain an attorney. Only an experienced criminal attorney, like our lawyers can protect your rights.

What happens once I retain an attorney?

Our office answers your criminal law questions and immediately starts working on your case. The first step taken is to review your case and evaluate it. We then call the assistant district attorney assigned to your case to ascertain their position.

Can I get a plea offer/reduction of the charges?

If we determine that the evidence is very strong then our first and main goal is to get you the best plea offer possible. We will speak with the prosecutor in an attempt to have the charges reduced. Our goal is always to either have the charges dismissed or have the record sealed. Keep in mine that our lawyers are fighters and do not like injustice or unfairness. We would like to go to trial and beat the prosecutor case. 

How quickly can my case be resolved?

There is no simple answer to this criminal law question, since every case is different. Time frames can differ depending on the details of each case. The court or the prosecutor's office also play a role in how long it takes for a matter to be resolved.

What happens if I do something wrong while on probation? 

Probation is no joking matter and should be taken seriously. The penalties for a probation violation depend on the severity of the violation. In some cases, a second chance may be given and the probation violation will not affect the terms or conditions of the probation. 

As soon as a probation violation occurs, an arrest may follow shortly thereafter and/or the defendant may be ordered to court for a probation violation hearing. During the court hearing, the probation officer or the prosecutor must prove the violation by more than 50% of the evidence, as opposed to ‘beyond a reasonable doubt’ which is necessary for a criminal trial.

There are several factors that the Judge use when considering a probation violation. They include:

The seriousness of the probation violation 
The nature of the probation violation 
The history of previous probation violations 
New criminal activity surrounding the probation violation 
Aggravating and mitigating circumstances of the probation violation 
The probation officer and/or probation department’s view of the probation violation 
The probation violation with respect to the probation term (whether it occurred at the beginning, middle, or end of the probationary term) 

Penalties for violating probation can include, but are not limited to: additional local jail time, being sent to prison, additional fines and fees, extension of the length of probation, the loss of a stay of adjudication/imposition/execution, additional court-ordered treatment, sentence-to-service, and community service. 

Whether you have been accused of violation your probation or have already been formally charged with probation violation,  Contact our office at 313 982-0010. 



















I'm only charged with a misdemeanor. So what if I plead guilty? 
 
If you plead guilty to a misdemeanor, you will, in most cases, have a criminal conviction. In other words, you will have a criminal record. On employment applications, you will have to divulge that you have a criminal record. Some careers will no longer be available to you, as a criminal record automatically acts as a bar to certain jobs.  

My friend was arrested for a similar crime a few years ago in a different part of the state. I should expect the same deal as he got, right? 

Wrong. Each case is different. The prosecutor and the court look at a number of factors before offering or agreeing with any plea deal. Some of the factors involved include: the defendant’s prior criminal history; whether anyone was injured, and if so, how seriously; the effect on the community; whether the case got media attention; whether the victim is cooperative; the criminal history of the victim; the likelihood of success at trial; what attorney is representing the defendant; the policies of the prosecutors office (they vary from county to county). 


Our Lawyers Are Affordable - Qualified Michigan Criminal Defense Attorneys 
What's the difference between a bench trial and a jury trial?

Defendants in criminal trials have the constitutional right to a trial by jury. However, in certain rare cases, it may be preferable to waive this right to have the case tried before a judge in what is known as a bench trial. Individuals who have been charged with a crime should NEVER waive any of their rights before consulting with a qualified criminal defense attorney.

When You Need a Skilled Criminal Defense Attorney

Felony charges are serious matters. Crimes of such magnitude necessitate solid legal advice from a lawyer highly qualified in the field of criminal law, not just a general practitioner who occasionally dabbles in felonies. When you are choosing a lawyer, the firm guidance of a crafty veteran with years of courtroom experience is invaluable. It takes a fierce legal advocate to neutralize the strategic advantage of a prosecuting attorney with all their unlimited resources.

To Fight for Your Rights

The prosecution is going to do everything it can to rack up its record of convictions; including yours—and make your bail high, bring the maximum charges, and obtain the most severe sentence.

That's the nature of the criminal justice system, in every state and in federal jurisdictions. The judges are "neutral," but the goal of the law enforcement and the prosecutors involved in your case is to convict you and make sure that you are punished, to the max. Without an attorney working on your behalf, the whole system is tilted heavily in favor of the prosecution.

The Prosecution's Power

Indeed, prosecutors have a tremendous amount of power. They decide whether or not to even issue criminal charges in the first place. They make the choice of what charge(s) to bring, and whether to confer immunity on an individual. Prosecutors also have the power to subpoena witnesses (make people testify in court).





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