Circuit Courts in Michigan have jurisdiction over the following types of matters under state law:
1. Arraignments for criminal high misdemeanor and felony cases. A Circuit Court Judge has the power to modify or revoke an existing bond when warranted.
2. Criminal high misdemeanor court proceedings including pleas and trials in which the maximum punishment is greater than 1 year in the county jail, Sentencing when a conviction is entered through a plea or at the conclusion of a trial.
Can A Police Officer Arrest Me Without Evidence?
A determination needs to be made by a police officer that there is probable cause in order to make an arrest. Probable (or reasonable) cause for an arrest exists when the facts are sufficient to cause a fair minded person of average intelligence to believe that the Defendant committed the alleged crime. If the police officer makes a probable cause determination, one of several things can happen:
1) The police officer can make an arrest if a misdemeanor or felony is committed in a police officer’s presence, or when a police officer has probable (or reasonable) cause to believe a misdemeanor or felony was committed and probable (or reasonable) cause to believe that the Defendant committed the offense.
After an arrest, or during the course of an investigation, a police officer or detective will make efforts to interview any witness or witnesses to a crime, including any potentiall suspect. The impression that many people have is that the investigation which is occurring is balanced – that the police officers and/or detective in charge of the file has an open mind and is trying to weigh and seek the truth to the different accounts or competing claims that arise. Many people that are suspects to a crime that are innocent believe, or are told, that giving a statement is in their best interest. In most cases, speaking to a law enforcement officer about your side of the story is not a good idea. The role of a police officer or detective is to build a criminal case against an individual by collecting evidence and statements that constitute probable cause. Any statement made by person can and will be used against them in a Court of law.
When a person is in custody they are considered a suspect to a crime. Police officers will attempt to monitor and collect any statements made by a suspect such as pre arrest non custodial statements, statements recorded in the back of a patrol car with a hidden recorder, volunteered statements by a suspect, and monitored telephone calls at the jail. The suspect at a certain point is usually brought to a room for questioning by a detective. Often these conversations are secretly recorded, especially when the allegation is serious. The suspect is usually advised of Miranda Rights both orally and by a form that is usually initialed and signed by the suspect with the unstated purpose to help ensure that the statement cannot be suppressed by an experienced defense lawyer.
What is Drug Paraphernalia? Drug paraphernalia is defined under MCL 333.7451 as any equipment, product, material, or combination of equipment, products, or material, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. Examples of Drug Paraphernalia include (but are not limited to): marijuana pipes, marijuana grinders, rolling papers, heroin works kits (spoon, syringe, hose, etc), cocaine kits (razor blade, mirror, etc.), snorters, scales for weighing drugs, etc.
Will I Be Prosecuted For Possessing Something That Could Be Used As Drug Paraphernalia? The law in Michigan recognizes that there are devices that have legitimate uses which can also be used as Drug Paraphernalia such as hypodermic needles, pipes, mixing devices, etc. Under MCL 333.7457 persons that sell these items for legitimate purposes are not going to be prosecuted. For the consumer or user of an item such as a hypodermic needle (that has a potentially legitimate and a potentially illicit purpose) the intent of the person who possesses the item is the key issue. For example, a diabetic who possesses a hypodermic needle to inject insulin has committed no crime. However, a hypodermic needle found with a spoon and a lighter is evidence that the intent of the possessor of those items is to use heroin and would likely be classified as Drug Paraphernalia by a police officer, city attorney and/or prosecutor. A person with rolling papers together with marijuana should be treated differently under the law in Michigan than a person with rolling papers together with regular tobacco.
District Courts in Michigan have jurisdiction over the following types of matters under state and local law:
1. Arraignments and setting of bond for criminal misdemeanor and felony cases, the acceptance of bonds;
2. Criminal misdemeanor cases in which the punishment does not exceed 1 year in the county jail;
Hiring a criminal defense attorney for legal representation for yourself, a family member, or a friend for a criminal arrest or criminal allegation sometimes is very difficult, especially when extradition occurs. Although a Defendant can challenge the extradition at a hearing, by and large the only issue when someone is extradited from Michigan is whether or not the Defendant is the same person who is named on the out of state warrant. Innocence of the Defendant, even when his or her innocence is overwhelming, will not prevent extradition from occurring.
In Michigan, pursuant to Michigan Compiled Law 257.617, the driver of a vehicle who knows or who has reason to believe that he or she has been involved in an accident upon public or private property that is open to travel by the public shall remain there until the driver gives his or her name and address, the registration number of the vehicle he or she is driving, the name and address of the owner of the vehicle, to a police officer, the individual struck, or the driver or occupants of the vehicle with which he or she has collided. The driver must also show his or her driver’s license to the aforementioned people as well. If there is anyone injured in the accident the driver must give reasonable assistance in securing medical aid or arranging for the transportation of any injured person. If there is a reasonable and honest belief that remaining at the scene will result in further harm, the driver must immediately report the accident to the police. When a driver collides with a vehicle that is either attended or unoccupied, the driver has the responsibility to locate and notify the owner of the vehicle with the name and address of the driver. If the owner cannot be located, the driver has the duty to report it to the nearest police officer. The same is true if the driver collides with property on or adjacent to a highway, such as a telephone pole or a road sign.
Failure to stop at an accident is also referred to as hit and run. Oftentimes it is the result of one car tapping another. Sometimes it is difficult to distinguish if damage to another car was caused by tapping the other car, or if the damage previously existed. Basically, according to the law, when in doubt you need to error on the side of caution and immediately report the accident.
Why do you need to retain a lawyer for this offense? Failure to Stop at an Accident is a 90 day misdemeanor with a possible fine of up to $100. When a minor injury occurs during the accident the offense is still a misdemeanor charge, however it carries a maximum possible punishment of up to 1 year in jail, a fine of up to $1,000, or both. If the Failure to Stop at the Scene of the Accident Results in Serious Impairment of a Body Function or Death, the offense becomes a felony punishable for more than 5 years in prison, a fine of not more than $5,0000, or both. When the Failure to Stop at the Scene of the Accident Results in Death and the Driver is at Fault, the charge becomes a 15 year maximum felony with a possible fine of up to $10,000. Conviction for any of the aforementioned offenses also results in 6 points on the driver’s driving record, driver’s responsibility fees, potential loss of driving privileges, and assuredly higher insurance rates for those still with driving privileges. There is also the possibility of restitution and/or a civil lawsuit anytime a driver or passenger is injured in any type of an accident.
An article in the March 2012 Michigan Bar Journal, authored by retired Circuit Court Judge John Hammond, listed the 50 most frequently occurring felony offenses in Michigan. They are listed in order from the most common to the least common, however the list only reflects a fraction of the total number of possible felonies in Michigan.
In many instances a victim pursues a criminal case with vigor and determination to receive justice, and will stop at nothing to have his or her position heard and advanced. In Michigan a victim has an absolute right to be heard, informed, and consulted with as to the prosecution of the Defendant. A victim has a right to hire a lawyer to advocate on his or her behalf.
On many occasions a victim regrets the decision to involve law enforcement with an argument or dispute that arose with a wife, husband, fiancée , mother, father, son, daughter, other family member, or friend. In most cases in Michigan the position of the Prosecutor or city attorney is that they represent the People of the community, and protect the community in general from harms or disturbances of the peace. A criminal case is never entitled the name of the victim versus the name of the Defendant – it is always the People or City versus the Defendant. Even when the victim strongly tells the Prosecutor and police that they wish for the matter to be dismissed, the desire of the victim is often not followed.
When a victim’s position is contrary to the Prosecution and police, this is a good time to retain an experienced lawyer. Victims are often met with disrespect and threats of what will happen if he or she fails to cooperate with the prosecution of the case. The Court itself will sometimes try to place pressure on the victim and the Defendant by establishing stringent bond conditions, such as no contact between the Defendant and the victim with a delay before the next Court hearing. A no contact provision can create a real hardship, often causing monetary (such as the cost for the Defendant to live in a hotel or elsewhere), emotional, and child care issues.
Michigan Criminal Attorneys Blog