Investigation

Misdemeanor's are crimes that carry anywhere from 90 days jail to 1 year as the possible penalty. The most common types of misdemeanors are typically OWI's (commonly known as drunk driving) and Domestic Violence cases. However, misdemeanors include things such as DNR violations, driving while a person's license is suspended, as well retail fraud (shoplifting).

Arrest

Misdemeanor's are crimes that carry anywhere from 90 days jail to 1 year as the possible penalty. The most common types of misdemeanors are typically OWI's (commonly known as drunk driving) and Domestic Violence cases. However, misdemeanors include things such as DNR violations, driving while a person's license is suspended, as well retail fraud (shoplifting).

While it isn't common for someone to receive jail time if they are facing a misdemeanor and have no criminal history, there are other consequences that can stem from a misdemeanor conviction. Employers increasingly seek applicants who have a clean criminal record. If they have the choice between someone with a criminal record and someone without, they will typically hire the applicant who has a clean record. In addition, while jail may not be likely, probation is often times ordered when someone is convicted of a misdemeanor criminal offense. In addition, there may be financial penalties that go along with being placed on probation.

Felony Arraignment

At a felony arraignment in Michigan the judge will read your charges and will set a bond if one has not been set.  You will not be asked to plead guilty or not guilty to the pending charges.

Misdemeanor Arraignment

At a misdemeanor arraignment in Michigan the judge or magistrate will read the pending charges and ask for a plea to be entered.  At this point a plea of guilty can be entered.  If bond has not already been set in the matter, a bond will likely be set and the case will proceed to the next stage in the process.

In both misdemeanor and felony cases after a person is arrested they will typically be released while their case is pending.  However, in certain cases bond is set to insure that the defendant appears for all scheduled court hearings as well as to protect the general public from further criminal activities by the defendant.

The bond process in criminal cases in Michigan can be somewhat confusing for those who have not been through the criminal system.  A judge can set bond in any amount and he can make the bond a cash/surety bond or he can make it a ten percent bond, meaning the party wishing to be bonded out of jail need only come up with 10% of the amount of the bond to be released pending trial.  However, if the individual fails to appear they are responsible for the entire amount of the bond.  A judge can also release an individual on what is called a personal recognizance bond.  This means an individual does not have to come up with any money to bond out but if they fail to appear for court they will be responsible for payment of whatever their PR bond was set at monetarily.  For example if someone is given a $500 PR bond they will have to come up with $500 if they fail to appear for court.

It is important to have an attorney who is familiar with the bond process and who will effectively argue for your release on a personal recognizance or a minimal cash bond.  At the West Michigan Defense Team we know the process and have effectively argued pre-trial release for most of our clients.

Most cases that work their way through the criminal process in Michigan are resolved prior to going to trial.  While having an aggressive attorney with trial experience is always a plus, an attorney who knows how to handle the pretrial criminal process effectively for their client is also important.  The pre-trial process involves negotiating a potential plea deal with the prosecutor assigned to handle your case.  Our attorneys work with our clients to determine the best strategy to utilize to negotiate the best possible plea deal.  Obviously, if the plea deal is unacceptable the option of proceeding to trial is always available.  However, the pre-trial process is often times the most essential stage when facing criminal charges.

Coming soon.