Michigan Criminal Law Cases | Felony | Misdemeanor
Cocaine, Retail Fraud, Concealed Weapon, Drunk Driving
Criminal Defense Attorney Detroit, Michigan
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A FELONY is a crime that is subject to fines, costs, possible incarceration in the county jail or state prison for more than one year, probation and/or other court imposed sanctions.  For example, possession of cocaine, carrying a concealed weapon and certain drunk driving and retail fraud offenses are a felony.  Your sentence on a felony is determined by many factors including the Michigan sentencing guidelines and your prior criminal record. An experienced criminal attorney will help you obtain the best outcome for your criminal court case.

 

A MISDEMEANOR includes a crime that is subject to fines, costs, possible incarceration in the county jail for less than one year, probation and/or other court imposed sanctions.  A prior misdemeanor is sometimes used by a prosecutor to elevate a current misdemeanor charge to a felony.  An experienced criminal attorney in Detroit will assist you in obtaining the best possible outcome for your criminal court case.




Courts look to the Michigan Sentencing Guidelines when imposing a sentence for a felony offense.  There are six crime groups for felony offenses committed in Michigan.  The following list contains representative examples of felonies that fall within that specific crime group: 




a) CRIMES AGAINST A PERSON

Assault With Intent to Commit Murder
Armed Robbery
Assault With Intent to Cause Great Bodily Harm Less Than Murder
Carjacking
Criminal Sexual Conduct
Home Invasion
Murder

b) CRIMES AGAINST PROPERTY

Breaking and Entering (B & E)
Embezzlement
Larceny in a Building
Larceny from a Vehicle
Malicious Destruction of Property
Non-sufficient Check (NSF)
Possession of Financial Transaction Device (Credit Card) without Consent
Receiving / Concealing Stolen Property
Retail Fraud
Unlawfully Driving Away an Automobile (UDAA)
Uttering and Publishing

c) CRIMES INVOLVING A CONTROLLED SUBSTANCE

Maintaining a Drug House
Possession of Analogues
Possession of a Controlled Substance (Cocaine | Heroine)
Possession of a Controlled Substance With Intent to Deliver  
Possession of Methamphetamine

d) CRIMES AGAINST PUBLIC ORDER

False Report of a Felony
Felony Non-Support of Spouse or Children
Identity Theft
Sex Offender Failing to Register

e) CRIMES AGAINST PUBLIC SAFETY

Carrying a Concealed Weapon (CCW)
Fleeing / Eluding a Police Officer
Felon Possessing a Firearm
Operating While Intoxicated  (OWI) 

f) CRIMES AGAINST PUBLIC TRUST

Election Offenses
Insurance Fraud
Perjury
Public Officer - Embezzlement

What is a Criminal Case? What is the difference between a Criminal and a Civil case?

A criminal attorney in Detroit, Michigan will explain that anyone charged with a criminal case in the criminal justice system is presumed innocent until proven guilty in court.
A criminal attorney in Detroit, Michigan will explain that the legal burden of proof is different in a Criminal case versus a Civil Case.  In a Criminal case, the burden of proof is "beyond a reasonable doubt."  In a Civil case, the burden of proof is normally  "preponderance of the evidence." 

What is the difference between a Felony and a Misdemeanor?

A criminal attorney in Detroit, Michigan will explain that a Felony is a more serious crime punishable by possible incarceration in jail or prison for more than a year.
A criminal attorney in Detroit, Michigan will explain that a Misdemeanor is a less serious crime with possible punishment of a year or less of incarceration in jail or probation.

What is the difference between a District Court and a Circuit Court?

A criminal attorney in Detroit, Michigan will explain that a District Court handles Misdemeanor cases.  A Felony will start out in a District Court before it proceeds to Circuit Court.
A criminal attorney in Detroit, Michigan will explain that a Circuit Court handles Felony cases.

What is Bail?

A criminal attorney in Detroit, Michigan will explain that a person arrested for a crime, also known as the Defendant, is entitled to Bail, which cannot be excessive.  The Judge will look to the serious nature of the crime, the protection of the public, the prior record of the Defendant, and the flight risk of the Defendant when setting bail.

What is Bond?

A criminal attorney in Detroit, Michigan will explain that posting a Bond is a promise by the Defendant that they will appear again in Court. The four types of bonds are a personal recognizance bond, a cash bond, a ten percent bond and a surety bond.   

What is a Preliminary Examination?

A criminal attorney in Detroit, Michigan will explain that the initial stage in the defense of a Felony is the right to a Preliminary Examination.  The Defendant can choose to either hold a Preliminary Examination or waive the Preliminary Examination.  If the Defendant chooses to waive the Preliminary Examination, it must be a voluntary and knowledgeable waiver.  A Preliminary Examination takes place at the District Court before it is bound over for arraignment in the Circuit Court.

What is a Pretrial?

A criminal attorney in Detroit, Michigan will explain that at a Pretrial on the criminal docket, the individual accused of the crime, the Defendant, will receive advice from the criminal lawyer and will make the decision of whether to take the case to trial or to enter a plea of guilty.

What is a Guilty Plea?

A criminal attorney in Detroit, Michigan will explain that a Guilty Plea is a waiver of the right to trial.  The Judge must inform the Defendant of the nature of the felony or misdemeanor charge; the maximum possible sentence and mandatory minimum sentence, if any; that Defendant has the right to not plead guilty to the felony or misdemeanor and that by pleading guilty the Defendant waives their right to trial.  

What is the difference between a Bench Trial and a Jury Trial?

A criminal attorney in Detroit, Michigan will explain that a Bench trial is conducted in front of the Judge acting as the trier of fact.  
A criminal attorney in Detroit, Michigan will explain that a Jury trial is conducted in front of a group of objective individuals sworn to render a verdict based on the admissable evidence presented in Court.

What is the Right to Remain Silent?

A criminal attorney in Detroit, Michigan will explain that an accused, the Defendant, does not need to take the stand at a trial and testify.  Nobody can hold that right to remain silent against the Defendant.  

What is a Pre-Sentence Investigation?

A criminal attorney in Detroit, Michigan will explain that prior to sentencing, the Defendant will meet with an individual from the probation department who will interview the Defendant for the purpose of drafting the P.S.I. or Pre-Sentence Investigative Report in order to inform the Judge about the Defendant prior to sentencing.

What is Sentencing?

A criminal attorney in Detroit, Michigan will explain that Sentencing is the final stage in the criminal case where the Judge will impose sanctions which may include: fines, a term of probation, incarceration in either jail or prison, along with other requirements. Prior to sentencing, the Judge will hear from the Defense attorney, the Prosecuting attorney and the Defendant, who has the right to address the Court through their right of allocution.

What is Probation?

A criminal attorney in Detroit, Michigan will explain that a term of Probation is a form of supervision over the Defendant that the Judge may impose at sentencing.  The Defendant will be assigned a probation agent.  The Defendant may have to provide drug screens to the probation agent as part of the supervision of the Defendant.  In addition, Probation may include fines, costs, community service and/or other sanctions.

What is a Violation of Probation?

A criminal attorney in Detroit, Michigan will explain that a Violation of Probation is a violation of the Court's original sentence of the Defendant.  For example, if the Defendant fails to report to Probation; is arrested again; tests positive for an illegal substance; or fails to comply with the Court's sanctions, the Defendant may be subject to a Probation Violation.

What is the difference between Jail and Prison?

A criminal attorney in Detroit, Michigan will explain that Jail is served in the County for 365 days or less.
A criminal lawyer in Detroit, Michigan will explain that Prison is served anywhere in the State for a period exceeding one year.

What are the District Courts in Oakland County, Michigan?

A criminal attorney in Detroit, Michigan will explain that the District Courts in Oakland County, Michigan are:  Berkley,  Birmingham, Bloomfield Hills, Clarkston, Farmington Hills,  Ferndale, Hazel Park, Madison Heights, Novi, Oak Park,  Pontiac, Rochester Hills, Royal Oak, Southfield, Troy, Waterford,  West Bloomfield.  

What are the District Courts in Macomb County, Michigan?

A criminal attorney in Detroit, Michigan will explain that the District Courts in Macomb County, Michigan are:  Center Line, Eastpointe, Fraser, Mount Clemens, New Baltimore, Romeo, Roseville, St. Clair Shores, Shelby Township, Sterling  Heights, Warren. 

What are the District Courts in Wayne County, Michigan?

A criminal attorney in Detroit, Michigan will explain that the District Courts in Wayne County, Michigan are:  Allen Park, Dearborn, Dearborn Heights, Detroit, Ecorse, Garden City, Hamtramck, Harper  Woods, Highland Park, Inkster, Lincoln Park, Livonia, Plymouth, Redford, River Rouge, Romulus, Riverview, Southgate, Taylor, Wayne, Westland, Woodhaven, Wyandotte.  

Ms. Vainik is a Michigan criminal lawyer who is knows the laws in Michigan.  Ms. Vainik is a Michigan criminal lawyer who is in good standing with the State Bar of Michigan.  Ms. Vainik is a Michigan criminal lawyer who will handle your felony, misdemeanor, possession of marijuana, possession of cocaine, retail fraud, carrying concealed weapon, ordinance violation, or other Michigan criminal offenses in Wayne County Michigan, Oakland County Michigan and Macomb County Michigan.




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