My case was bound over to circuit court and i have an arraignment on the information. I was wondering what exactly happens at this arraignment ? And what happens if i plead guilty ? And what happens if i plead non guilty ? And if i get a pre-trial...
Arraignment on the information is similar to your first arraignment, only it exists as your first court date at the circuit court level, once your case got bound over. You may plead not guilty at the arraignment, waive reading of the information and get blind drawn to a random judge. Some people choose to accept plea agreements at this stage prior to a blind draw. They may do this if the arraignment judge is better towards defendants than the possibilities of who a defendant can get blind drawn to.
I can't answer to results of a plea to of your charge because I have no idea what the specifics are of your case. Contact a lawyer asap.See question
I was arrested for a misdemeanor in April 2013,no jail, no community services. Have nothing in criminal record except this one in my background.when can I apply for expungement , if any one could plz give an idea about how much $ amount will be in...
Generally speaking, you need to wait 5 years from the day you were discharged from probation, sentenced, discharged from incarceration whichever one is LATER.
You are only eligible to get it expunged if the misdemeanor is an expungable offense (no traffic related things such as OWIs, or driving on suspended).
You also can only expunge a misdemeanor if you have no more than one other misdemeanor offense.
You can expunge a felony with up to two misdemeanor offenses. Remember driving on suspended licenses are considered misdemeanor offenses.
If you are not sure what is on your record you can pull your official copy at michigan.gov/ICHAT.
If you want to clear your public record from criminal databases that are not official, you can do so (more information on that can be found at http://www.backgroundcheckremoval.com ) .
Note that only setting aside a conviction actually removes it from the record. Using the above link just may hide it from non official public databases.
As for attorney cost, every attorney charges a different fee. You need to find an attorney you are comfortable with.See question
My grandfather was on hospice and other members of my family we're taking prescription medication. I went to visit him the day he died, subsequently said medication came up missing. I have a criminal history, so naturally my family banned together...
100% of the time, my answer is NEVER speak with the detective alone. Nothing good can come from talking to them. They will use any admission to help prove their case. Any denial will not help you because they will just assume you are lying about it.
If you are absolutely set on speaking with them, hire an attorney and have them talk to them. This way it insulates you from incriminating yourself.
There are plenty of 10.0 rated AVVO attorneys that focus on criminal defense that you can choose from.See question
I was in my apartment complex and as a part of my new medication regimen (I have PTSD) my doctor has been testing out different drugs to see which suits me. I have been taking pills that have been giving me random arousal. I was outside at the tim...
I would be careful what I say on public forums about your case. You could be charged with indecent exposure or worse, depending on what the kid says.
If asked to talk with a detective do not say anything. Call a lawyer at once.See question
In 2007 I got in trouble with the law and caught a drug case. I end up getting a delayed sentence and completed it a year later. Now the delayed sentence they say because I completed it, it was if I got found not guilty. Unfortunately I got a...
It is hard to say based on the information you provided. The law changed earlier this year. With some exceptions, the new expungement law allows you to set aside one felony if you have up to two misdemeanors. Or you can expunge up to two misdemeanors if thats the only thing on your record. A couple of things to keep in mind:
1. driving on suspended is a misdemeanor conviction (most people don't realize this)
2. You must wait 5 years from the completion of probation, parole, or sentencing whichever occurred later
3. HYTA, 7411 and other types of dismissals or delayed sentences are considered convictions under the new law (and only under the new law).
So the answer depends on whether or not your deferred sentence was a felony or misdemeanor.See question
He has a criminal past but has been law abiding for more than 10 years. No drugs or alcohol. He is the main income household. We have a 1 year old together and he has adopted my two older children
You absolutely need an attorney familiar with Troy / Metro Detroit area district court criminal matters.
Look for 10.0 rated AVVO attorney ASAP.See question
Probation for uttering and publishing
Keely is correct. The only thing I would add is that the place to check your record through the MSP is as follows:
Keep in mind if it does show up on ichat, even after you get it corrected at the MSP, it still may show up on private databases which employers use to run background checks. The best way to remove them is to send them notices to most of the large databases or find a good attorney with a list of them that can do it for you.See question
NOTE: THIS APPLIES TO MICHIGAN. I was convicted of a retail fraud case (felony) and finished my sentence which was incarceration for 90 days. I have not had any further legal issues since then. Can this be expunged? I've heard some prosecutors say...
You can expunge this 5 years from the date that you completed probation or incarceration as long as you have no more than 2 misdemeanor convictions on your record in your life. This type of expungement in Michigan is called setting aside a conviction.
Somethings to keep in mind:
1. Driving on suspended licenses are considered criminal convictions
2. Deferred Sentences, sentences successfully completed under 7411 and HYTA are considered convictions ONLY for purposes of this statute
You can read more at http://www.MichiganExpungementLawyer.comSee question
can they still charge me for drunk driving 2, and for refusal to blow but they took blood, they told my friends that they were releasing without bail, but now my license is suspended and my plate is taken. I was giving my rights or a tickett
Absolutely. In fact it is normal for blood draw cases for them to charge you much later, often times several months. There is only one lab for the state of Michigan which means that often times the lab is backed up. You shouldn't wait until you get charged to hire the attorney. Certain pieces of evidence, like dash cams need to be preserved ASAP. They may not be saved by the time you are charged. Dash cam footage is often your best defense and tool for finding police mistakes and exaggerations. If you refused the test, you need to request an administrative hearing to be heard on your license suspension issue as well. That needs to be requested ASAP!See question
have had three owi offenses in the state of grand rapids Michigan one in 1995 second in 2004 and my third 2015. what are my chances with a good attorney?
Your chances with a good attorney are significantly better than with a normal attorney or an attorney who is not familiar with OWI law. I don't have enough information to really answer this question. I'd need to know who your judge is, what your datamaster test results were, whether or not you completed any field sobriety tests (and how you performed), and the reason you got pulled over to begin with. National Highway Transportation Safety Administration (NHTSA) has developed specific protocol for OWI stops that many Michigan police departments follow (but are not required to).
Not blowing on PBT does give you a much better shot at winning on a probable cause motion as most officers do not give the Field Sobriety Tests correctly based on NHTSA. This is especially true if you can prove that the officer's were trained to use NHTSA methods. Keep in mind NHTSA uses 3 phases to determine whether there is probable cause for an arrest, and only the last phase is Field Sobriety Tests.
This means they could in theory win on probable cause even if you didn't submit to any FSTs.
As you probably know, third OWI in a lifetime is a felony. You need to get the best attorney you can afford!See question