What Happens After An Arrest?
The prosecutor attorney must prove that a crime was committed and that you committed it. That may sound pretty cut and dried, but it's not quite that simple.
You see, if challenged, the DA also has to show that the arresting officer made the arrest properly . . . that you were properly advised of your rights . . . that any searches of you or your property met constitutional guidelines in every respect . . . that the process used to identify you was done fairly . . . that any scientific tests were accurate and in line with set procedures. And the list goes on.
If the DA discovers things which may prove you innocent, a good attorney will make him give you that information. This is also known as "exculpatory evidence".
Many "due process" and constitutional arguments can also be made to keep certain evidence that the state may have against you from even being used. Evidence that is not fair to use against you, that violates your legal rights.
The bottom line is that you need a Michigan defense lawyer who knows the system and who knows how to use the Constitution for what it was intended - to defend your rights.
Now, We can't promise you anything because each case is unique. Maybe there are some things distinctive to your case which are important. And there may be other factors. Either way, an honest lawyer should not guarantee the outcome. It's possible that in some situations you might be better off by making a plea bargain. But in my experience, often the best defense is trial by jury.
Bail Hearing
The right to bail is not explicitly stated in the Constitution. The 14th Amendment, however, states that an individual may not be deprived of life or liberty without due process of law. The Eighth Amendment to the U. S. Constitution requires that bail not be excessive. This means that bail should not be used to raise money for the government or to punish a person for being suspected of committing a crime. Remember: The purpose of bail is to give an arrested person her freedom until she is convicted of a crime, and the amount of bail must be no more than is reasonably necessary to keep her from fleeing before a case is over. The Bail Hearing is the next step in the legal process after the arrignment. There are some factors that may convince a judge to consider bond release include the following ( please see MCR 6.106(F)(1)
You have little or no past criminal record, or any previous criminal problems you had were minor and occurred many years earlier.
You have other family members (most likely parents, a spouse or children) living in the community.
You have resided in the community for many years.
You have a job.
You have been charged with previous crimes, but have always appeared as required (in other words, there have been no prior arrest warrants or "failures to appear").
the seriousness of the offense charged, the presence or absence of threats, and the probability of conviction and likely sentence;
Under MCR 6.106(D)(2), the court may require the defendant to:
(a) make reports to a court agency as are specified by the court or the agency;
(b) not use alcohol or illicitly use any controlled substance;
(c) participate in a substance abuse testing or monitoring program;
(d) participate in a specified treatment program for any physical or mental condition, including substance abuse;
(e) comply with restrictions on personal associations, place of residence, place of employment, or travel;
(f) surrender driver’s license or passport;
(g) comply with a specified curfew;
Bond conditions may be imposed at any time during the pendency of the criminal case. See MCR 6.106(A), (H)(2). The court may apply conditions to all types of bonds, including cash bonds and personal recognizance bonds. MCR 6.106(C)-(E).
Doesn't Everyone Have The Right To Bail
The right to bail is not explicitly guaranteed by the Federal government. For a defendant charged with any of the following listed offenses, a court may deny pretrial release under MCR 6.106(B)(1)(b) if it finds that proof of guilt is evident or the presumption great, unless it also finds by clear and convincing evidence that the defendant is not likely to flee or present a danger to any other person:
First-degree criminal sexual conduct;
Armed robbery; or,
Kidnapping with the intent to extort money
or other valuable thing thereby.
Disclaimer
The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.
Arrest without a Warrant
You can be arrested in Michigan by the police without a Warrant if the police reasonably believe:
1- You have committed a crime (misdemeanor or felony as defined by MI Laws)
2- You are in the process of committing a crime, violation or offense, basically any violation of law.
3- you were lawfully arrested in a citizens arrest.
Michigan Juvenile Crime & Delinquency
The purpose of Michigan 's juvenile justice system is to protect society more effectively by attempting to rehabilitate, not just punish, children who commit crimes. Children in Michigan are persons under age 18. Juvenile courts will try to ensure that the child learns from his or her experience and returns to the community as a productive citizen, without having suffered permanent harm. Children who are referred to the juvenile court have many of the same rights as an adult charged with a crime. You and your family should understand those rights. If your child has been arrested or cited for a crime, we understand that one of the first things you’ll want to know is how best to help them; and, if they were taken into custody, what needs to happen for your child to be released? As the parent or guardian of a juvenile accused of a crime, you have the right to hire a juvenile defense lawyer to defend and protect your child.
Dismissed
Not Guilty
Reduced
Criminal sexual conduct in the 2nd degree case reduced to misdemeanor in Wayne County Michigan
_____________
Felonious Assault and Felony Firearm Jury verdict of Not Guilty in Wayne County Michigan
________________
Offer to engage to an act of prostitution case dismissed in the 36th District Court
in Detroit
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Retail Fraud in the 2nd degree was taken under advisement
Our Achievements
Mistakes in a Criminal Matter
1) Giving a voluntary statement - You are not required to talk to police when they come to talk to you about a crime. You have the right to remain silent - which is what you should do until you speak to an attorney
2) Taking a polygraph or lie-detector test - Even if you pass it, this test is not admissible in court
3) Allowing a search or seizure when the police come to your home or work- Do not give the police permission to do this unless they present proper credentials and a search warrant.
If you have been charged with a crime, drunk driving or traffic violation in Wayne County, Oakland County, Macomb County or any county in Michigan, you need an attorney who knows the courts, the laws and the system. Call us
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