You mention a "jury trial hearing". What do you mean by that? If your case is scheduled for a jury trial you should have retained counsel long ago. If you did retain counsel you should be directing these questions to him/her. If you have not yet retained an attorney you need to do so, like yesterday. The charges are serious. They can impact your liberty intersts and by extension your parental rights.
I sincerely hope you have retained an excellent OWI attorney. I don't say that sarcastically, but because you need experienced representation, to find any possible defenses. If you are convicted, you are going to get some jail time, but the length will depend on a number of factors, some of which will be in the sentencing guidelines, but others will be based on your own actions in addressing your alcohol problems. An experienced defense attorney will guide you through all of this, and be able to accentuate the positive measures you are taking. Continue to work on getting well. Frank B. Ford 313-565-9289
The information contained in this answer is intended to convey general information. Nothing contained in this answer is intended as specific legal advice. Although the content is believed to be accurate as to Michigan law, no guarantee is made that it is accurate and up-to-date. This is not an offer to represent you, nor is it intended to create an attorney-client relationship.
I assume at this point you have been charged. It is a little unclear whether you are asking about a sentencing hearing or a Jury Trial.
I will assume you are asking about sentencing though, as there are not enough facts about the actual charges to provide anything meaningful about a jury trial (please do not provide any further either, as those should only be explained to your actual attorney).
In terms of sentencing, if this is your 3rd OWI, and you have plead straight up to such, then you are in the Circuit Court, and you will serve a mandatory minimum of 30 days in county jail for the felony OWI conviction. This is true even before considering the child endangerment or DWLS charges.
Beyond that, as in all sentencing decisions, a lot of factors will be weighed by the judge in this matter, including your conduct at the time of the offense, prior offense conduct, and what you are doing to improve your situation. Any setbacks that you have between now and sentencing will be more problematic for you.
If you have not either hired or been appointed defense counsel in this case, you should do so immediately. If you have not plead yet, you should engage your current (or if not hired yet, future) attorney to discuss these matters in full before you do enter any kind of plea.
Best of luck in your case and recovery.
An Attorney-Client relationship has not been established. Becket J. Jones is not your attorney.
I agree with my colleagues that you absolutely need an experienced trial attorney. It is not clear to me at what stage of the proceedings you are, but you risk not only criminal liability, but possible loss of parental rights. It sounds like you are in compliance with CPS--great, and I cannot stress enough how important it is to continue to be in compliance. You absolutely must be committed to getting well, for your own sake, but especially for the sake of your very young daughter. This event needs to be a wake up call to you. Show the court and CPS that it is just that through your actions and commitment to treatment. Again, you absolutely need an attorney--you have a LOT at stake. I wish you all the best.
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