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Exercise your right to remain silent. Do not answer questions, consent to searches, or make any decisions without an attorney present. Clearly state, "I am going to remain silent, and I would like to speak to my lawyer." Then, call us immediately at (616) 227-3303.
No. You are never required to speak to the police, even if you are not under arrest. Anything you say can be used against you, even if you believe you are innocent. The most prudent course of action is to politely decline to answer any questions and state that you wish to speak with an attorney.
A misdemeanor is a less serious crime, typically punishable by up to one year in county jail and fines. A felony is a much more serious crime, with potential punishment of more than a year in state prison. Felonies also carry more severe long-term consequences, such as the loss of civil rights.
While you are not always required to have a lawyer for a misdemeanor, it is highly recommended. A misdemeanor conviction can still result in jail time, fines, a criminal record, and other consequences like the loss of a professional license. An experienced attorney can navigate the court system, identify weaknesses in the prosecution's case, and work to achieve a much better outcome than you might on your own.
In Michigan, all criminal cases start in District Court. It handles all misdemeanors (crimes punishable by up to one year in jail) from start to finish. For more serious crimes, called felonies, the District Court only handles the initial stages, like the arraignment and preliminary examination. If the District Court judge finds there is enough evidence, the felony case is transferred to the Circuit Court, which has the authority to handle felony trials and sentencing.
A preliminary examination, sometimes called a probable cause hearing, is a crucial step in a felony case that takes place in District Court. The prosecutor must present evidence to convince the judge that there is probable cause to believe a felony was committed and that the defendant committed it. If the judge agrees, the case is "bound over" (transferred) to the Circuit Court for trial. It is a critical opportunity for your attorney to challenge the prosecution's evidence early on.
A plea bargain is a negotiated agreement between the defendant and the prosecutor. Typically, the defendant agrees to plead guilty to a lesser charge or to one of several charges in exchange for a more lenient sentence or the dismissal of other charges. It avoids the risk and expense of a trial, but it's crucial to have an experienced attorney negotiate on your behalf to ensure the deal is in your best interest.
The cost of a criminal defense attorney varies widely based on the complexity of the case, the severity of the charges, and the attorney's experience. Many lawyers, including our firm, offer a free initial consultation to discuss your case and provide a clear understanding of the potential costs. We typically work on a flat fee basis so you know the full cost upfront, with no surprises.
Missing a court date is a serious issue. The judge will almost certainly issue a bench warrant for your arrest. This means that any interaction with law enforcement could lead to you being taken into custody. If you have missed a court date or believe you are about to, it is critical to contact an attorney immediately to address the situation and minimize the consequences.
Firm News & Updates
Check back soon for articles and updates from our attorneys on recent legal developments and case results.
Know Your Rights
Understanding your constitutional rights is the first step in any criminal case. Here are some key principles to remember during any interaction with law enforcement.
Legal Disclaimer: The information on this website is for general information purposes only and is not a substitute for professional legal advice. Reading this information does not create an attorney-client relationship.