Criminal Offenses
Felony (more than one year in prison) Misdemeanor (up to one year in prison) City/Township Ordinances (up to 90/93 days in jail)
What happens after an Arrest?
The prosecuting attorney must prove that a crime was committed and that you committed it. That may sound open and shut, but it’s not that easy for the prosecutor. If challenged, the Prosecutor also has to show that the arresting officer/agency made the arrest properly; that you were properly advised of your rights; that any searches of your person or your property were legal and followed the “due process” and the Constitutional protections offered by the Fourth Amendment. If the prosecutor obtains evidence to prove your innocence, that evidence is called “exculpatory evidence” and upon request must be turned over to you. Many “due process” and Constitutional arguments can also be made to keep certain evidence the prosecutor may have against you from even being introduced or used against you. This is called suppressing the evidence or fruits of the poisonous tree. The bottom line: You need a Criminal Defense lawyer who knows the system and who knows how to use the Constitution to protect your interests in order to defend your rights. No lawyer can ethically predict the outcome of your case or guarantee a particular result, because every case is different and unique. The best possible defense is to arm your lawyer with all the facts of the situation so he or she can provide the best defense in your situation. Withholding information from your lawyer can affect the outcome of your case, so we advise you to be completely candid with us. Remember that a fiduciary relationship exists between attorney and client. However, a plea to a reduced charge may be the best outcome in certain situation.
DO NOT TALK TO ANYONE ABOUT YOUR CASE BUT YOUR LAWYER.
Never talk to anyone other than your lawyer about your criminal charges. Any verbal or written statements you make are not hearsay and can be used against you in court. When people get arrested for a crime, they are scared and want to talk to someone who will listen or sympathize with them about their problems. If you are sitting in jail and waiting to get bond, you maybe tempted to talk to someone in the jail about your case but don’t. DO NOT TALK ABOUT YOUR CASE WITH ANYONE. People who may be sitting in the same jail cell as your will try and “rat you out” if they think it will help them get out five minutes sooner or help them obtain a better deal.
Advice of Rights
- Right to an attorney;
- Right to cross-examine and confront witnesses in court;
- Right to remain silent;
- Right to testify if you want to;
- Right to a speedy trial;
- Right to have witnesses subpoenaed to appear in court;
- Right to have a Judge or Jury trial;
- Right to be presumed innocent.
Felonies/Misdemeanors
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Drug crimes and convictions carry a wide variety of sentences based on the type of offense. Sentences range from fines and counseling to life in prison, depending on whether you are facing a felony or a misdemeanor drug charge. The severity of the crime you are charged with will vary with the circumstances, such as what type of drug was involved, the quantity, whether you have “priors”, and whether guns or violence were involved. Drug offenses are made more severe by the presence of guns and violence. Where guns and violence are involved, the police are more likely to suspect a “drug ring” and investigate more aggressively. The prosecution is also likely to charge more aggressively. Protect yourself and seek an attorney immediately. zif you were using drugs recreationally or holding them for someone else, you can still be charged with intent to distribute based on the quantity the police find. Possible charges include trafficking, possession, distribution, transportation, possession for sale, cultivation and manufacturing. Usually the most serious drug offenses involve heroine, cocaine, methamphetamine, ecstasy, LSD and PCP. Nevertheless, crimes involving marijuana and prescription drugs are being prosecuted more aggressively than ever, and can result in stiff sentences. The American Medical Association (AMA) and the FDA have determined some allergy and cold medicines to be unsafe for people who drive. The drugs cannot be bought in bulk because state laws have restricted them. If a person is caught with an large amount of any of the following medications, that person can be subject to criminal drug charges. These items are commonly referred to as components of drugs. Some of these drugs are: Vicks Nyquil, Benadryl, Pseudoephedrine, Ephedrine, Allerdryl, Contact Severe Cold Formula, Trifed, Phenergan, and Inhalants such as aerosol products and glues that can keep oxygen from getting to the brain.
Consequences for the conviction of Drug Offenses may potentially include:
- Imprisonment
- Probation or parole
- Drug testing
- Court ordered counseling or rehabilitation
- Loss of driver’s license
- Seizure of motor vehicle
- Search and seizure conditions
- Significant fines
What can you do to improve the outcome of your case?
- Gather documentation of your good character (reference letters, employment history, community service, etc.)
- Exercise your right to remain silent
- Retain qualified counsel as soon as possible
What can we do to help?
- Early preparation, including legal research and identification of a defense
- Interview police to minimize or eliminate the case
- Interview the prosecutor to minimize or eliminate the case
- Interview all witnesses
- Reduce or eliminate bond requirements
- Obtain a substance abuse assessment from a court approved agency to demonstrate that treatment is a better alternative than jail
- In appropriate cases, negotiate jail alternatives
- Develop appropriate motions to dismiss the case
- Develop appropriate motions to suppress evidence
- Provide emotional support to loved ones and ensure that they are updated as to the status of your case
Drug charges can seem minor at first, but can become huge legal problems. This is especially true when drug charges are mixed with guns and violence. You need an experienced and intelligent criminal defense attorney to fight the gun and drug charges for you. Michigan’s broad and liberal statute regarding domestic assault results in many accusations against people who never anticipated the need for a criminal defense attorney. Ordinary people often become involved in emotional relationships that lead them to act in otherwise uncharacteristic ways. Families frequently find themselves in a crisis on weekends or at night, when criminal defense attorneys may be out of their offices. Actions and events occurring in the first 24 hours after a call to the police are often critical to the final outcome of a case.
A variety of offenses, including assault, battery, and false imprisonment, may fall under the general headings of domestic violence or domestic abuse. Domestic violence can be an allegation of physical violence causing injuries, or just the possibility of injury. Over the past few years, law enforcement has developed new policies, the court system has implemented changes, and prosecuting attorneys have taken an active role in zealously enforcing both new and existing laws. These crimes are aggressively prosecuted, and even if the victim tells the court and prosecutor they do not wish to press charges, the case will not be dismissed due to the nature of the charges and emotional aspect of the relationship. Jail time is routinely sought even on first offenses.
If you have been charged with Domestic Violence or Domestic Battery, it can be one of the toughest cases to defend and only an aggressive defense will do. A domestic battery or domestic violence situation can occur between spouses, domestic partners, former partners or spouses, parents and children or individuals involved in a dating relationship. If you have been charged with a domestic violence offense you may be facing a conviction that can affect the rest of your life.