Articles Posted in Courts

There is no set guideline or rule as to how much a criminal lawyer charges for a given case.  How much a lawyer charges may depend upon a variety of factors: the nature of the charge; the anticipated amount of work that needs to be performed; the anticipated amount of time that needs to be spent; the reputation, experience, and expertise of the lawyer; the complexity of the case; whether or not the case is expected to go to trial; etc.

In Michigan, a lawyer is ethically not allowed to charge a contingency fee for a criminal case (i.e. no fee unless we win or a certain result is obtained).  A lawyer is also not allowed to pay any fees, costs, restitution, or post bond on behalf of the client that is in the lawyer’s name.

Many jurisdictions do not allow a court appointed lawyer to receive compensation beyond what the court appointed fee schedule provides, and the client is not allowed to pay extra to the court appointed lawyer with the hope that the lawyer will spend more time on the case.  A court appointed lawyer is not usually free, and the court will usually order a Defendant to reimburse the jurisdiction for the cost of the lawyer.  With court appointed lawyers there is always a concern that you get what you pay for.  A court appointed lawyer is sometimes overwhelmed, inexperienced, and/or indifferent to your situation.  When faced with a criminal accusation, you really need to consider what will be best for you, your family, and your future.

If you’ve been charged with a crime, the absolute first thing you need to do is to secure a good attorney. You don’t want to have to rely on the overworked public defender to help your case, and you absolutely don’t want to let the police and the prosecutor have their way with you without proper representation. However, with all the lawyers listed in any given area, it can be tough to decide which one to go with. Luckily, there are a few tips you can follow to make sure that you’re picking the right attorney for your case.

Specialty in Criminal Defense

For every aspect of law, there’s a lawyer who’s specifically trained in that one area. You need to make sure that you’re matching the right attorney with your specific situation. A patent law specialist isn’t going to do you much good in your situation; you need an expert with experience in criminal defense.  The problem is there are some attorneys that claim to specialize in criminal defense that are not being truthful.  Handling a criminal case from time to time is much different than being a full time practitioner.  A so called criminal defense lawyer that has no trial experience may only seek to run you through the system.

Depending on the nature of a crime, an individual can either be prosecuted at the state or federal level. In either case, the prosecutor formally charges a person based on evidence. In most cases in Federal Court, cases proceed on the basis of an indictment, rather than an information.  In Michigan State Court prosecutions usually an information is filed, rather than an indictment.

If there is not enough evidence, sometimes the State or Federal government will not officially charge someone with a crime if they do not think they can prove to a jury, beyond a reasonable doubt, that the person in question committed the crime. At Hilf & Hilf PLC, we try to educate our prospective clients on the prosecution process so they better understand why a State or Federal prosecutor has filed charges and why it’s so important to secure the help of the right criminal defense attorney.

It’s somewhat difficult to provide a list of crimes that automatically fall under state or federal jurisdictions because many felonies are subject to a state prosecution such as car theft, murder, criminal sexual conduct and more. However, if a person crossed state lines or used inter-state commerce while committing one of these crimes, federal prosecution is possible. In general, Federal prosecutors will file charges against someone for offenses such as interstate drug or gun trafficking, robbery of federally insured banks, federal tax crimes, and other offenses that have the possibility of causing serious harm or damage.  With some offenses, such as child pornography, decisions as to prosecutions are made by Federal prosecutors and State task forces.  Considerations as to child pornography prosecutions are made based upon: the number of images allegedly possessed; whether or not the individual allegedly possessed, distributed, or produced the images in question; the alleged nature of the acts contained in the images; whether or not inter-State sales or distribution of the images occurred; whether or not human trafficking occurred, etc.

Juvenile first time offenders can sometimes qualify for consent probation (also known as the consent calendar).  The advantage of consent probation is that the juvenile receives a commitment that if he or she follows the conditions of the court that they will not be detained in a juvenile facility.  Also the offense is not placed on the juvenile’s record, which gives the juvenile the opportunity to have a better chance of success in life by keeping a clean record.  The juvenile and his or her parent or guardian must agree to consent probation in order for it to occur.  The conditions that the court could impose include, but are not limited to, the any or all of the following: community service, counseling, drug testing, alcohol testing, writing an essay, paying restitution, remaining in school, obtaining and keeping a job, etc.

If the juvenile does not abide by the terms of consent probation, the case could be prosecuted and the juvenile could end up being detained.  If the case is prosecuted and a determination of guilt is made, the Judge or referee assigned to the case has broad discretion in terms of sentencing.  Sentencing could including being detained in a juvenile facility, probation with conditions (such as community service, counseling, programs, drug and alcohol testing, etc.).

Being placed on consent probation is not automatic – it is within the discretion of the court.  Juveniles accused of criminal conduct , or accused of not following the terms of consent probation or probation, should have experienced legal representation.  When a case is ultimately reviewed by a juvenile court referee or Judge, he or she may make a determination that the juvenile should not be afforded this privilege.  The juvenile is questioned by the assigned referee or Judge before they make a determination as to whether or not the placement should occur.  The juvenile has a right to bring a retained lawyer to any court date.

Sometimes, those convicted of felonies seek to appeal their case to a higher court. Usually, the defense attorney attempts to prove that an error occurred in the application of the law. After an individual is found guilty of a felony in Michigan, he or she has a period of 42 days to petition a higher court for another trial.

Persons that plead guilty or no contest to criminal offenses can file an application for leave to appeal, if they file the application timely.  The appellate court will decide on the application alone whether or not they will actually hear the appeal.  The prosecution is not obligated to file a response to an application for leave to appeal.  Most cases involving applications for leave to appeal are rejected at the appellate level.  If the application for leave to appeal is granted, the appellate procedure is followed in the same way as if the appeal was by right.  The prosecutor has the opportunity to respond.  Both sides have the ability to seek an oral argument on the appeal.

This petition to the Michigan Court of Appeals does not have to include the grounds for the appeal. However, the defendant must include a filing fee of $375, proof that transcripts were filed from the lower court’s proceedings, and a copy of the docket from the day of the original case. For a fee, the court reporter will provide the felon with a copy of the notes from the trial. Notes typically involve hearings, motions, the trial itself, and sentencing.  A transcript in most cases is required, along with proof that the transcript was ordered.