What happens when you’ve been charged with a crime in Oakland County?
The first stage of the criminal justice system in Michigan begins when an alleged violation of a statute or civil ordinance occurs.
The penalty may be either a felony or misdemeanor offense in which a suspect or accused individual (called a defendant after formal charges are filed) will be arrested on suspicion of violating the statute or civil ordinance. It is important to consult with a reputable Oakland County Criminal Defense Attorney if this happens to you.
Some common offenses in Michigan include:
Controlled Substances Violations
Possession of Controlled Substances
Possession with Intent to Distribute Controlled Substances
Delivery/Manufacture of Controlled Substances
Maintaining a Drug House
Driving Offenses
Operating While Intoxicated
Reckless Driving
Hit and Run
Fleeing and Eluding
Moving Violation Causing Injury or Death
Crimes Against Property
Vandalism
Breaking and Entering
Retail Fraud
Robbery
Theft
Embezzlement
Shoplifting
Crimes Against People
Assault and Battery
Domestic Violence
Aggravated Assault
Assault with Intent to do Great Bodily Harm
Assault with Intent to do Murder
Sexual Assault
Criminal Sexual Conduct
Firearm Crimes
Carrying a Concealed Weapon
Felony Firearms
A lawful arrest occurs when an officer has probable cause for an arrest when there are facts sufficient to cause a fair-minded person of average intelligence to believe that the defendant committed the crime.
The booking process normally occurs at the police station after an arrest is made. The booking process includes taking mugshots, interviews/interrogations (unless you hopefully demand to speak to an attorney or refuse to speak without your attorney present), taking fingerprints, and holding the defendant until the arraignment or releasing the defendant 72 hours after the arrest.
The arraignment is the court proceeding where the judge reads the charges against the defendant. You should always retain a good Oakland County Criminal Defense Attorney at this point of the process. The penalties for the alleged crime(s) will also be read to the defendant and his or her criminal defense attorney.
The judge will then inform the defendant of their rights, the defendant should stand mute or enter a plea of not guilty, and afterwards the defendant’s criminal defense attorney will address the judge regarding the defendant’s criminal history, character, reputation, community ties, employment history, education, and interim treatment or therapy plans (depending on the type of criminal charge) in order for the judge to determine what type of bond should be set to protect the public and ensure the defendant will show up to future court proceedings.
Afterwards, the pretrial stage begins. This includes:
Case strategy research
Case law research
Discovery
If a charge is a felony, a preliminary examination may be conducted. At the preliminary examination, the district court determines whether an alleged crime can be charged as a felony and whether there is probable cause to believe that the defendant committed it. This does NOT mean the judge has determined your guilt beyond a reasonable doubt. An Oakland County Criminal Defense Attorney will ALMOST ALWAYS conduct a preliminary exam to ensure a good record is built and to focus on which motions should be filed afterwards to thwart the prosecutor’s case theory.
If the pretrial conferences, including motion hearings, don’t result in a favorable plea deal… the next stage is trial. A trial can either be a jury trial or bench trial, in which the judge acts as the jury. Both types of trials have their pros and cons and a good criminal defense attorney will be able to advise you on which to choose, which is ultimately your choice.
In Oakland County, a trial may last 1 day or a few days, depending on factors like:
How many witnesses are called to testify
How many expert witnesses are called to testify
How much evidence is offered or introduced
How many charges there are against the defendant
At the end of the trial, the judge or jury will either find the defendant guilty, not guilty, or acquitted (the evidence is insufficient to support a conviction).
Both parties have the right to appeal the verdict within a specific time. The sentencing is the last part of the criminal justice process and it includes either probation or jail or prison time or a combination of both. Furthermore, costs, fees, and restitution can also be owed by the defendant if found guilty. A sentence is calculated somewhat by a guideline with the judge’s discretion. It is very important to have a good criminal defense attorney for this process as well because a good Oakland County Criminal Defense Attorney can help minimize these punishments.
In conclusion
You need to be represented by a reputable Criminal Attorney in Oakland County who can help you through the process. If you don’t quickly and effectively settle your legal issues, you may have long-lasting, detrimental consequences that can mentally, emotionally, financially, and physically ruin your future. With experience at all levels of defense, my goal is to get the best outcome for you.
Call today if you’ve been accused of a crime and need effective legal representation and a good Criminal Attorney in Oakland County.
