Criminal Law Questions & Answers

Criminal law questions can be difficult to answer because of the various factors, circumstances, rules and laws that factor into each individual case. However, there are some answers to criminal law questions that can be provided, so that individuals (such as the ones reading these words) have some idea of what to do or not to do when involved with a criminal law or the police. With that said, below you will find general answers to some of the basic criminal law questions that are proposed to attorneys, law enforcement personnel, and the courts. Some of the answers to these criminal law questions may seem more complex or basic than others, but each individual issue is important and can have an impact on a criminal matter.

Criminal Law Question 1 – What happens after someone is arrested?

The officers involved in writing the reports about a crime will also obtain witness statements, run a background check of the suspect, and further investigate the situation, if needed. He or she will then generally submit a “arrant packet” the prosecuting attorney, either state or local. The prosecutor then reviews the packet and determines the appropriate crime to be charged, whether felony or misdemeanor. Moreover, the prosecutor will determine, initially, whether a crime even occurred in his or her opinion. If a charge is filed a warrant will be issued, and the individual will then need to turn himself in on the warrant or they will be at risk of being arrested on that warrant.

Criminal Law Question 2 – The person who called the police does not want to prosecute or continue with the case, does that mean the case will be dropped or dismissed?

No, it does not necessarily rest with the complaining witness. As indicated above, the prosecutor is ultimately the one deciding the individual and crime to be charged. There are many reasons why an alleged victim or complaining witness may not want to see charges continue, which vary from empathy to fear. Regardless, the system is set up in order for police to report, investigate, and collect facts, statements, and evidence of possible and reported criminal activity, and then the police turn that information over to lawyers (prosecutors) to initially review the facts and determine the type of crime that may or may not have occurred. The criminal courts oversee and attempts to ensure those facts legitimize criminal activity.

Criminal Law Question 3 – What is the difference between being charged with a misdemeanor versus a felony?

There are various aspects that differentiate felony and misdemeanor charges. The primary difference between the two two are that misdemeanors are generally not punishable by more than one-year in jail, whereas felonies are punishable by a maximum jail time that exceeds one-year in jail. Procedurally speaking, felonies and misdemeanors also differ. Felonies will generally be disposed of in the circuit court, while misdemeanors be handled in a district court.

Criminal Law Question 4 – Are you required to speak to the police?

No, you are not required to speak with them. This is especially true if you are a believed suspect in a crime. At times, you may or may not know whether you are the suspect, which means that it is always advisable to not make a statement to the police if there is any thought or belief that you could have potential involvement in criminal activity. Of course, you are free to speak with them, and in circumstances the police are required to provide you certain Miranda warnings prior to speaking with you. Police are tricky and crafty. They know how to question and interact with individuals in order to obtain certain information within the bounds of the law. Rather than speaking to the police, contact a criminal lawyer to assist in the questioning or representing your matter. A criminal lawyer will understand what can and cannot be said to properly handle your matter and deal with the situation at the investigation stage and during formal criminal proceedings.

Criminal Law Question 5 – Does an officer have to arrest you if you are being charged with a crime?

Generally, whether an officer does or does not arrest you will be on his or her discretion. This may be surprising to some. There are a few crimes where the officer is required to arrest for a period of time, such as drunk driving, OWI, or impaired driving. However, in other aspects and circumstances the officer does not technically have to place individual under arrest, which can involve both felonies or misdemeanors. Yes, this is correct. An officer does necessarily have to arrest simply because an individual may have committed a felony. It should be noted that when an individual is potentially involved with felony charges the risk of arrest does rise. Again, the officer has certain discretion when involved in investigating, arresting, and seeking criminal charges for both felonies and misdemeanors.

Criminal Law Question 6 – Are you required to let the police into your home? Are you required to allow them to search your home?

The short answer is no, unless the officer has a search warrant or an arrest warrant for someone who resides or may be staying inside the home. The warrant in those situations will be controlling; however, if there is no warrant then you are generally not required to allow the officer inside your home. This means you can tell the officer “no”. Moreover, you are not required to give consent to the officer to search your home, unless there is an authorized search warrant for the residence. Without a search warrant, an officer’s ability to search individual’s home is limited to certain circumstances and situations.

Criminal Law Question 7 – Are you required to allow the police to search your vehicle during a traffic stop?

An individual is not required to provide consent to an officer to search his or her motor vehicle at the time of a traffic stop; however, an officer’s ability to search a motor vehicle is greater than compared to other area’s or places an individual may be encountered by an officer. Therefore, any constitutionality of a search of an individual’s vehicle, meaning whether it was legally searched, will be a case-by-case basis, and it is always advised to deny consent and force an officer to do what he or she may do in the circumstance. Any defense will likely be sought during criminal proceedings.

Other criminal law questions can be found in an earlier post: Common Criminal Law Questions.

NEVER RELY ON INFORMATION ON THIS WEBSITE OR ANY OTHER WEBSITE IF YOU ARE ATTEMPTING OR WANTING TO REPRESENT YOURSELF BEFORE ANY OFFICER, COURT, OR PROSECUTOR INVOLVING A CRIMINAL MATTER OR OTHER LEGAL ISSUE IN THIS STATE OR ANY OTHER STATE OF FEDERAL DIVISION. MAKE SURE YOU CONTACT QUESTION FOR ANY CRIMINAL LAW QUESTION. CRIMINAL LAW QUESTIONS VARY AND YOUR ACTIONS CAN HAVE MAJOR IMPACT ON YOUR MATTER.

Legally transporting Medical Marijuana in Michigan?

How does an individual go about legally transporting medical marijuana here in the State of Michigan? Is there a legal way of transporting medical marijuana in Michigan? Does it matter what type of medical marijuana we are referring to (flower or infused marijuana)? What happens if you are found to be illegally transporting medical marijuana in Michigan?

To begin, there must be a brief discussion on the different types of medical marijuana that can be transported. Recently, and becoming effective sometime in December 2016, Michigan not makes a distinction between flower marijuana and concentrated or infused marijuana. The difference in the form of medical marijuana that is in question will determine the appropriate outcome of charges or citations issued. So, if an individual is found to be possessing and improperly transporting medical marijuana is in usable or flower form then they will be looking at a 93-day misdemeanor if convicted. MCL § 750.424. On the flip-side, if an individual is found to be improperly transporting medical marijuana that is considered infused or concentrated marijuana then he or she will be looking at a civil infraction.

The vast difference between these two charges vary significantly when speaking about the possible punishment that is imposed if an individual is found committing the violation. One brings about criminal sanctions while the other simply bring about a fine. It becomes even more interesting when an individual discovers that infused marijuana products that are being improperly transported only receives a fine, yet an individual found to be transporting medical marijuana in useable or flower form will receive a misdemeanor. This is interesting due to the fact that many individuals view infused marijuana products are more severe than their counter-parts. In the end, the proper way of transporting medical marijuana (infused or flower) follows the same course: the marijuana must be in an enclosed container and be transported in the individual’s trunk of their motor vehicle. If a trunk does not exist then the individual should place his or her container in the most rear of the vehicle as to be in the least accessible area of the owner of the marijuana.

If you find yourself charged or cited for improperly transporting medical marijuana here in the State of Michigan, you should contact a criminal defense attorney immediately to determine the possible repercussions and options you have for your individual case. You should never rely on this website or any other information on any website when you are wanting or attempting to defend yourself against any criminal or traffic citation or charge in any circumstances, including but not limited to, a court of law. Always contact and obtain assistance from competent counsel.

New Michigan Medical Marihuana Provisioning Centers Outlined

Michigan Governor Snyder signed into law the Michigan Medical Marihuana Facility Act, which brought medical marihuana provisioning centers here in Michigan. This new law takes away issues that medical marihuana patients and caregivers have faced since the enactment of the Michigan Medical Marihuana Act (MMMA) in 2008. With the establishment of medical marihuana provisioning centers, these individuals owning and operating the provisioning centers will be able to legally sell and distribute medical marihuana to qualifying patients and caregivers. Whats more, is that the provisioning centers will be able to sell both usable (flower) marihuana and marihuana-infused products. Again, this is a huge obstacle that patients and caregivers are now able to avoid in order to obtain their medical marihuana.

It should be noted that the new laws on medical marihuana provisioning centers will not become effective until approximately the fall of 2017, which was determined by the Statute. Moreover, and most importantly, in order for a medical marihuana provisioning center to operate legally they must first obtain a license, which is issued through the State. The caveat in the Statute is that in order for an individual to even apply for a medical marihuana provisioning license (or any license under the statute) the local municipality, where the license is to be used, must first establish a local ordinance specifying for the provisioning centers operation. Beyond that, an individual or a business entity will need to formally file an application for the medical marihuana provisioning license, which requires certain disclosures and requirements prior to the issuance of the license. For example, individuals convicted of specific crimes within a specific period leading up to the filing of the application could or may be automatically precluded from obtaining the license. This applies even if the individual applying is a business entity since there is a disclosure requirement for specific individuals within the application process. Moreover, that disclosure process also takes into account an individuals prior criminal record, even when that individual may not be automatically precluded by the statute to obtain a medical marihuana provisioning license. What this means is that the application has a character requirement for the applicants, and thus crimes, convictions or arrests, etc. could potentially stop an individual from being approved for a license if determined by the committee or board overseeing such approval.

If an individual obtaining a medical marihuana provisioning license, he, she or they will need to also obtain other specific requirements in order to operate legally under the new Medical Marihuana Facility Act. Some of these requirements include, but are not limited to, obtaining medical marihuana from specific growers or processors. Under the new law, the medical marihuana system is interconnected, and thus licensed growers and processors will be the ones supplying the individual provisioning centers. Also, medical marihuana provisioning centers will be required to a 3rd party inventory control system and tracking system. It’s important to note that the system implemented in the medical marihuana provisioning center must be compatible with interfacing or connecting with the State’s tracking system. This requirement makes logical sense since the State will be setting up a seed to sale tracking system for all medical marihuana sold through the new licensing system.

Due to the requirements both for the application and the functioning of the business, anyone who is wanting to or thinking of applying for a medical marihuana provisioning license should consult, obtain or hire an attorney prior to doing filing such application. The reason for this is due to the specific requirements in order to act under the legality of the license, which starts prior to and after obtaining approval. Remember, never rely on this website or any other website when attempting to effectuate the law or legality of a Statute before any governing body, court or otherwise here in Michigan or throughout the United States without first obtaining assistance and guidance from counsel.

Medical Marihuana Facility License Act In Michigan

In September 2016, Governor Synder signed into law Michigan Medical Marihuana Facility License Act, establishing a system that allows Michigan Medical Marihuana Patients and Caregivers to obtain their medical marihuana through a commercial business legally. This changes the current landscape because until this law becomes effective the State of Michigan, and the MMMA patents and caregivers, have been restrained by the decision in People v McQueen, which essentially outlawed businesses from selling medical marihuana to patients and caregivers. Now, with the Medical Marihuana Facility License Act there is a specific license an individual must obtain before they are allowed to commercially dispense or sell medical marihuana to Michigan patients and caregivers. What’s more, is that the license is overseen by the State; however, it is up to the local municipality on whether or not a business can be licensed within that particular locale.

So let’s back up a moment . . . the Medical Marihuana Facility License Act actually establishes multiple licenses for various activities that medical marihuana patients and caregivers engage in. The various licenses created by the Act are as follows: (i) grower, (ii) processor, (iii) secure transporter, (iv) provisioning center, and (v) safety compliance facility. As you can see by the individual names for each license, the Michigan Facility Licenses are broken down into the various activities that go into growing, harvesting and distributing medical marihuana to end users (patients and caregivers). There is also a compliance facility, for testing purposes. Moreover, the Statute identifies that the system to be implemented will also incorporate state-wide monitoring in order to keep track of the marihuana created by the individual license holders. This means all marihuana grown, processed and then sold will be tracked from the moment it is planted. Lastly, only secure transporters will be allowed to move the marihuana between the various individuals, which also requires a specific license.

As mentioned above, the local municipalities will be the ultimate deciders on what type of medical marihuana facility license will be issued within their boundaries. The reason for this is due to the language in the Statute, which identifies that the municipality will determine which type of facility will be allowed through the creation of a local ordinance. Once the local ordinance has been established an individual will be allowed to apply for the particular license that the locale allows for, but must apply through the State. The application process, is seemingly the same for each individual license, and each individual license provides for legal protection for the activities covered by that particular license. Moreover, and in the end, it is the State who will approve or deny an individual’s application for a medical marihuana facility license. It should also be noted that there are particular convictions and time periods that could automatically preclude an individual from obtaining a license. This is important to consider if there is a corporation or other business entity looking to apply because the clearance checks require certain parties of those entities to make certain disclosures within the application.

It is so important to obtain legal advice, guidance and assistance if you are attempting to obtain a medical marihuana facility license. This act becomes effective on a specific day, requires specific information, and many other business necessities in order to maintain compliance with the Act and license. Remember, you should never rely on this website or any other website in order to obtain legal knowledge or information that you would want or like to use if you ever choose, want or attempt to defend yourself within a court in Michigan or the United States. Always seek out legal counsel and assistance.

Federal Judge Rules Government Hacking Is Constitutional Without Warrant

In June 2016, a Federal Judge ruled Government hacking is Constitutional, after it had been discovered that the FBI had utilized malware on a private computer to obtain specific I.P. addresses of individuals accessing a particular website. It is worth noting at this point in the discussion that the use of the malware was done after the FBI obtained a search warrant for such use. The website in question hosted a voluminous library of abusive and explicitly sexual material of minors. The type of malware that was used is known as a network investigation technique, or more commonly referred to as NIT. Once the FBI obtained specific information using the malware they then went and sought out a subpoena for personal information on the individuals I.P. addresses they had obtained from the use of the malware. The subpoena was sent to Time Warner Inc., which is how they obtained specific information on the individual, such as his name, address, and other personal information on file with Time Warner.

After the FBI obtained the personal information about the individual in question from Time Warner, they then went and sought a second search warrant. But this time, the warrant was issued for the search of the individual’s home and computers. The issue before the court, originally dealt with whether the second warrant issued was overly broad or vague, meaning the place to be searched was not described with enough specificity as required by law. The court determined that the second search warrant was appropriately drafted, but it also spoke to the legitimacy of the initial search warrant. The court explained that Government hacking is Constitutional is founded and legal because of the lack of expected privacy involving the use of a computer on the internet.

Essentially, the court held that an individual using his computer at home, who may even be attempting to block people from reading this I.P. Address does not have an expectation of privacy in what they are viewing or searching on the web. By making this statement and analyzing the use of the malware to obtain an I.P. Address the court held that a warrant in such a situation was not needed or required. This means that if the FBI wanted to they would have, without a warrant, still used the malware to obtain the information they did.

This ruling, and others like it, is a showing that our privacy rights are continually being eroded due to the advancement of technology. This issue with technological advancement and the lack of privacy rights has been an issue for decades, and it seems to be getting worse now that Government hacking is Constitutional and does not require a warrant prior to its deployment. So in the end, because Government hacking is Constitutional, Police officers and the like can now technically use software that will be able to obtain data about you and your private life without the need for a warrant. Not every court agrees with this analysis, which makes the issue more problematic when dealing with criminal charges. In the end, never rely on this website or any information on the internet when wanting, attempting or contemplating representing yourself in any court within Michigan or the United States. Always obtain or seek out competent counsel to assist you with any legal issue or question.

Michigan Medical Marijuana Edible And Concentrate Bill Explained

By the end of 2016, the new Michigan Medical Marijuana Edible and Concentrate Bill will be in full affect and have modified the existing law under the Michigan Medical Marihuana Act (MMMA). The new Michigan Medical Marijuana Edible and Concentrate bill allows individual patients and caregivers (and even provisioning centers) obtain and use medical marijuana that have been made from a concentrate. The term concentrate is not very specific, at least in terms of the language used in the new Michigan Medical Marijuana Edible and Concentrate bill. Therefore, it is best to look at the plan language of the bill, which now allows for a “Marihuana-infused product.”

Under the new Michigan Medical Marijuana Edible and Concentrate bill, an infused product “means a topical formulation, tincture, beverage, edible substance, or similar product containing any usable marihuana that is intended for human consumption in a manner other than smoke inhalation.” The other term that becomes important, when determining the extent of an allowable amount of marihuana infused products, is “usable marihuana equivalent.” The usable marihuana equivalent is actually a guide or conversion for various types of marihuana infused products, and thus places the limits on the amount of marihuana infused products that an individual patient and caregiver can possess.

The modifications of the new Michigan Medical Marijuana edible and concentrate bill are easily incorporated into the old language of the exists MMMA statute, which means that when determining the amount of marihuana infused products a caregiver or patient can possess is limited to the same amounts as previously allowed; however, now individuals will use the conversion table, set forth in the usable marihuana equivalent section, to determine how much usable or flower marihuana translates into the appropriate amount of marihuana infused products. For example, 1 ounce of usable or flower marihuana is equivalent to 36 fluid ounces of marihuana infused products, meaning that someone in possession of 36 fluid ounces of infused marihuana would be under his or her limitations of Section 4 of the MMMA because that would only translate or convert into 1 ounce of usable or flow marihuana.

It should also be noted that the new Medical Marihuana Concentrate and Edible bill will also control and limit how individual patients and caregivers can transport their usable marihuana equivalent or infused marihuana products. This part of the law is listed directly under Section 4 of the new MMMA, and thus this could potentially be dealt with differently than the “improper transport of usable marihuana” law. The language of the law seems to read very similar to the preexisting law for normal usable marihuana; however, the huge difference is that if someone is found responsible or guilty of improperly transporting their marihuana infuse products, they will be required to pay a civil fine.

Moreover, the new Medical Marihuana Edible and Concentrate bill is going to apply retroactively once it has become effective. It is important to understand that the bill will not become effective until 90-days after Gov. Snyder signed the bill. Therefore, it will not become effective until 90-days after Sept. 20, 2016. The fact that the bill and the section for marihuana infused products is retroactive means that individuals convicted of crimes involving marihuana infused products could have reprieve or an opportunity for a defense against such a crime even though they have already been convicted. This may be a confusing statement, and thus simply put: if you have previously been convicted of a marihuana crime involving marihuana concentrates or edibles, you should contract a marihuana defense lawyer today to see if you are able to take advantage of the retroactivity under the new Michigan Medical Marihuana Edible and Concentrate Bill.

It is always so important and essential to never rely on this website or any other information on the web when you or someone you know is attempting, wanting or trying to represent yourself in a court within the State of Michigan or anywhere in the United States. Always contact and obtain the assistance of a counsel before defending, representing or identifying a legal theory, defense or claim.

Michigan Criminal Bonds Explained & Outlined

Here in the State of Michigan criminal bonds are a necessary and vital component of the criminal process. Michigan criminal bonds will originally occur at the beginning of the criminal process. The criminal arraignment is the first opportunity for an individual and the court to determine and set a Michigan criminal bond. Michigan criminal bonds can vary in the amount that is set or determined by the court. In some situations, a court will provide an individual with a personal recognizance bond, which means that the individual will not have to post or provide the court with any monies.

Another type of Michigan criminal bond will require an individual to post monies with the court in order to be released from the court’s custody. There are variations of this type of Michigan criminal bond, which means that the bond can consist of terms or limitations such as a 10% bond, cash bond and/or a surety bond. Whether the court places an individual on personal bond or a monetary bond, a monetary value will always be attached to the bond even though the individual may not have to actually give money to the court for a personal bond. An example of this is a personal/$10,000 bond, which means the individual does not have to place monies with the court. Moreover, if the court places an individual on a monetary bond, requiring money, the court is allowed to make that bond a cash, surety, and percentage bond. An example of this is: $10,000 cash/surety/10% bond. What would occur here is the individual would need to post the $10,000 bond through a surety or they would place with the court 10% of the $10,000 bond.

For all intensive purposes, a surety is a bondsmen, which means that at times an individual will be required to go to a bondsmen in order to post bond; however, that does not mean there are situations where a bondsmen is the more affordable choice. Furthermore, it should be noted that if an individual goes through a bondsmen to post and be released on a bond, then the individual will likely be out those monies provided to the bondsmen. However, if the individual posts the bond directly to the court then those monies will either be returned to the individual or be used to pay any fines or costs, if any, that may be associated with the individual’s criminal case.

The last thing to remember when discussing a Michigan criminal bond is the fact that the bond  once set can always be modified or amended if the individual placed on bond violates a condition of his or her bond. This is another reason why a criminal defense attorney is always needed, even when dealign with a Michigan criminal bond. Moreover, you should never rely on this information or other information on the internet when attempting or wanting to represent yourself in a criminal case or any matter within a Michigan court or other court within the United States.

Medical Marijuana Dispensary And Edible Bills In Michigan Explained

In Sept. of 2016, Gov. Snyder signed into law new Michigan Medical Marijuana dispensary and edible bills that will change the current landscape of how medical marijuana patents and caregivers obtain medical marijuana. This is changing the Michigan Medical Marihuana Act (MMMA) here in the State of Michigan. The MMMA, due to the new medical marijuana dispensary and edible bills, modify the MMMA, unless otherwise determined, and thus now there will be new laws, provisions, and oversight for the MMMA. It is vital to know and understand the new medical marijuana dispensary and edible bills and how they could and will affect your medical use of marijuana. As the title of the article reveals, new medical marijuana dispensary and edible bills will target new laws on the validity and operation of marijuana dispensary and medical marijuana edibles or concentrates. This will apply to all medical marijuana users (patients and caregivers) that are members of Michigan’s medical marijuana program.

The new Medical Marijuana dispensary and edible bills provide specific provisions for individual companies to distribute medical marijuana to end users. This had been lacking prior to the enactment of these bills in many areas around the State of Michigan. Dispensary, prior to this enactment, had been operating under municipal ordinances that did not technically bring about legality for their operation. Two of the medical marijuana dispensary and edible bills specifically look to control and provide for the growth, sale, and seed of medical marijuana and marijuana plants. It is important to note that the State will be in control of providing licenses to those individual who want to commercially grow and distribute medical marijuana through the new medical marihuana dispensary and edible bills. Furthermore, there will now be a tracking system for those growers and distributors of medical marijuana, which will begin at the seed and run through the distribution of the plant and the medical marijuana being distributed.  Moreover, the third medical marijuana dispensary and edible bill will now legalize the possession, use and sale of medical marijuana concentrates and infused products.

The House Bills that have made up the new medical marijuana dispensary and edible bills are as follows: House Bill 4209, now Public Act 281; House Bill 4210, now Public Act 282; and House Bill 4827, now Public Act 283. The new medical marijuana dispensary and edible bills are to become effective 90-days after they have been enacted. Gov. Snyder signed the medical marijuana dispensary and edible bills on Sept. 21, 2016. If you are involved in the medical marijuana industry, looking to take advantage of the new medical marijuana dispensary and edible bills, or simply looking for clarification on what this all means for the medical marijuana industry here in the State of Michigan then you should immediately seek to obtain assistance from counsel handling medical marijuana matters. It is so important, especially when we are discussing topics such as this, to never rely on information from this website or any other internet medium when attempting to represent yourself or any legal matter before a court or otherwise here in the State of Michigan. Know the law, maintain your rights, and lawyer up.

Dismissing Criminal Charges: Easy or Difficult?

Here in the State of Michigan dismissing criminal charges can sometimes be a confusing topic to discuss among the public. The reasons that dismissing criminal charges is so confusing is because of the blogs, posts, and other social media forms of communication. The reasoning for social media confusing the issue of dismissing criminal charges is due to the lack of explanation and differentiation of what classifies as an actual dismissal.

Essentially, dismissing criminal charges can and will consist of essentially two variations of the term “dismissal.” The first variation of dismissing criminal charges actually involves the outright dismissal of a criminal charge due to some reasoning. The reason for a dismissal can be numerous, and it can also vary from case to case. Under this first variation, a criminal case is outrightly dismissed upon a motion by the defendant or the prosecutor. Typically, and depending on the reason for a dismissal, dismissing criminal charges will be granted, but without prejudice. Without prejudice means that the criminal charges dismissed can or could be reissued against the individual. Even though a charge is dismissed without prejudice, it does not necessarily mean the prosecutor will reissue the charges; however, it does allow for them to do so.

The second variation of dismissing criminal charges is usually performed through the use or attachment of a criminal statute. This type of dismissal requires some sort action and compliance. Moreover, these types of dismissals will also require some sort of review or probationary period prior to the dismissal becoming fully effective. Essentially, an individual seeking a dismissal under a statute will be seeking diversion from the conviction. This means that if the individual does what he is told, during a specified period, his or her case will be diverted or dismissed against them. This is different than outrightly dismissing criminal charges. Because the individual is placed under some sort of review or probationary period he or she could potentially lose the ability to have the criminal charge dismissed against him or her. The benefit of dismissing criminal charges, under a statute, is only received upon completing what is asked by the court.

Dismissing criminal charges can be confusing, depending on how it is explained, and depending on what type of dismissal you are receiving. It is important to also discuss your criminal case with a criminal defense attorney because you could be put into a situation where you do not understand what is occurring with your criminal charge. Know the law, maintain your rights, and lawyer-up.

Michigan Criminal Arraignments Outlined & Explained

Whenever there are criminal charges issued against an individual a Michigan criminal arraignment is almost always required. Michigan criminal arraignments vary depending upon the criminal charge issued against the particular individual. Michigan criminal arraignments will depend upon whether the criminal charge issued is a criminal misdemeanor or a criminal felony.

The reason for this is due to the fact that criminal misdemeanors and criminal felonies follow a different procedural course once the criminal charges have been issued and a Michigan criminal arraignment is required. For criminal misdemeanors a Michigan criminal arraignment is required unless otherwise waived by a criminal attorney. The same is true for criminal felonies; however, there are two Michigan criminal arraignments. The first Michigan criminal arraignment will occur at the district court and if the criminal felony is bound over or moved from the district court to the circuit court a second Michigan criminal arraignment will ensue at the circuit court.

In some courts the second Michigan criminal arraignment can be waived, which allows a shortening in the criminal process when dealing with a criminal felony. In those situations, the first Michigan criminal arraignment cannot be waived and must be held at the district court. During Michigan criminal arraignments, whether they are occurring at the district court or the circuit court three things are essential: (1) the reading of the charges the defendant faces, (2) the determination or modification of bond, and (3) the setting of a pretrial or probable cause hearing, which is determinate on whether the criminal case is a misdemeanor or felony.

Michigan criminal arraignments are highly important because they are the first time the court is going to be seeing the defendant for the particular case and this is also the determination of bond, which allows the defendant the ability to be released pending the criminal charges. The bond that is determined at a Michigan criminal arraignment is based upon multiple factors and can granted in multiple forms. Some factors influencing bond at a Michigan criminal arraignment include but are not limited to, prior criminal history, employment status, and living status. Whenever you have or believe you will be charged for a criminal misdemeanor or felony you should always obtain a Michigan criminal attorney. Moreover, you should never rely on this website or any other website or information online if you are attempting to represent yourself or your interests in any court within Michigan or the United States.