Criminal Law

1. Why do I need an attorney?

2. What are some ways that a driver can avoid a drinking and
    driving conviction?

3. What is the value of an attorney even if later one is convicted
    of a drinking and driving conviction?

4. Aren't the Courts, policemen and Prosecutors supposed to
    "look out for your rights" even without an attorney?

5. What are some examples of defenses that have succeeded?

6. What is the difference between a civil infraction, a
    misdemeanor and a felony?

1. Why do I need an attorney?
   
   
   1. Your Michigan driving record will reflect any drinking and driving convictions for a minimum of ten (10) years.
      
      
   2. In addition to money paid out for fines, costs, monthly probation, alcohol education, reimbursement to the police and prosecutors, and rehabilitation, there are special assessments to be paid between $1000.00 and $2000.00 the following two (2) years to the State of Michigan to retain your license.
      
      
   3. Any drinking and driving convictions can impede your ability to go to other countries, especially Canada.
      
      
   4. Certain job opportunities will not be available to those convicted of "drinking and driving" or other crimes.
      
      
2. What are some ways that a driver can avoid a drinking and driving conviction?
   
   
   1. Acquittal by Judge or Jury.
      
      
   2. Dismissal by prosecutor, or city or township attorney.
      
      
   3. Plea bargain to a reduced non-drinking offense.
      
      
   4. Proving the police violated the defendant’s substantial constitutional rights resulting in dismissal.
      
      
   5. Taking advantage of police failure to maintain testing equipment as required by the State Administration Code for testing blood, urine or breath.
      
      
3. What is the value of an attorney even if later one is convicted of a drinking and driving conviction?
   
   
   1. Having someone speak for you at sentencing is more persuasive than speaking for yourself.
      
      
   2. Having an attorney who is an officer of the Court to help you in scheduling court appearances, counseling, etc.
      
      
   3. To have peace of mind that you didn't pass up an opportunity to avoid a drinking and driving record or to avoid having a more serious conviction rendered against you.
      
      
4. Aren't the Courts, policemen and Prosecutors supposed to "look out for your rights" even without an attorney?
   
   
   1. Criminal law is an adversarial system. Justice is obtained when the prosecutor, judge and defense attorney all do their jobs well. The prosecutor’s job does not include helping the defendant to see his or her possible defenses. The judge’s job is to make sure that the defendant understands their rights and to make sure that all court rules and procedures are followed.
      
      
   2. The prosecutor and judge have huge case loads and even if they wanted to help look out for a defendant’s rights, they would not have the time to review a case and render an in-depth analysis.
      
      
5. What are some examples of defenses that have succeeded?
   
   
   1. Keeping out breath test results when the breath machine is not properly calibrated or when the department fails to follow proper procedures, sometimes resulting in a dismissal or reduction of charges.
      
      
   2. Showing that the police officer has violated the defendant’s constitutional right to be free of unreasonable search and seizure.
      
      
   3. Stopping a city from enforcing an unconstitutional ordiance, resulting in acquittal.
      
      
6. What is the difference between a civil infraction, a misdemeanor and a felony?
   
   
   1. A civil infraction is not a criminal charge. It is instead a violation of law in which you can either plead "responsible" or "not responsible". If you plead not responsible you are entitled to a hearing. It is your choice as to whether you want a formal hearing or an informal hearing. An informal hearing is before the magistrate it involves just you and the police officer. You are not allowed to have an attorney at an informal hearing. At a formal hearing, the prosecutor will represent the city or the state. You are entitled to have an attorney and the hearing is held before the judge and not a magistrate. The stages of a civil infraction are: 1) ticket; 2) plea of responsibility or hearing; 3) fine or dismissal.
      
      
   2. A misdemeanor is a criminal charge that carries a penalty of normally one year or less in the county jail. The penalty for a misdemeanor can be as little as no jail and as much as a year in jail, depending on the crime. A misdemeanor conviction is a criminal conviction and will almost always result in a criminal record. With a misdemeanor, you are entitled to have an attorney represent you in court. The court must, in most cases, appoint an attorney if you are unable to pay for one. The stages of a misdemeanor are: 1) arrest or appearance ticket; 2) arraignment; 3) pretrial; 4) trial or plea; 5) sentencing or dismissal.
      
      
   3. A felony is the most serious criminal charge you can face. A felony conviction can have the most long lasting effects on your life. There is the possibility of prison with a felony conviction. You can lose certain citizenship rights if you are convicted of a felony. The stages of a felony conviction are: 1) arrest or warrant and arrest ; 2) bond hearing or arraignment of the charge in district court; 3) preliminary examination and bind over; 4) arraignment on the charges in circuit court; 5) pretrial in circuit court; 6) plea or trial; 7) sentencing or dismissal.