Criminal Defense Attorneys in Detroit, Michigan
Navigating the murky waters of criminal charges can be daunting. At Detroit Legal Group PLLC, we understand it's not just about a case; it's about your life and everything you hold dear. It's a tough spot to find yourself in, but remember, we've got your back. We're a group of dedicated criminal defense attorneys serving Detroit, Michigan, including Dearborn, Southfield, and Warren. We're here to shoulder your burdens, fight for your rights, and secure the future you deserve. If you are in the area and have been accused of or charged with a criminal offense, get in touch today for support.
Criminal Charges in Michigan
Understanding the nature and classification of criminal charges is crucial. In Michigan, criminal offenses are generally classified into misdemeanors and felonies.
Misdemeanors, while less severe than felonies, are still serious offenses. They range from theft and assault to domestic violence, traffic violations, and drug charges. Convictions can result in penalties like jail time, hefty fines, community service, probation, or even driver's license suspension. But remember, every charge has a defense, and we're here to find yours.
Felonies are more serious crimes than misdemeanors, and federal law defines a felony as any crime punishable by more than one year in prison. These offenses include murder, sexual misconduct, child abuse, arson, embezzlement, human trafficking, and home invasion. Punishments vary, with some leading to life imprisonment. The stakes are high, but so is our commitment to your defense.
Michigan breaks down felonies into categories as follows:
Class A felonies
Examples: murder and first-degree sexual misconduct. Punishable by up to life in prison.
Class B felonies
Examples: second-degree child abuse, production of child pornography, and second-degree arson. Punishable by up to 20 years in prison.
Class C felonies
Examples: manslaughter and robbery. Punishable by up to 15 years in prison.
Class D felonies
Examples: embezzlement, human trafficking, and larceny worth over $20,000. Punishable by up to 10 years in prison.
Class E felonies
Examples: retail fraud and home invasion. Punishable by up to 5 years in prison.
Class F felonies
Examples: Unauthorized loans or credit applications. Punishable by up to 4 years in prison.
Class G felonies
Examples: domestic assault and intentionally writing a bad check over $500. Punishable by up to 2 years in prison.
Class H felonies
Examples: Misuse of personal information or use of a stolen ID. Not punishable by jail time, but can result in probation, treatment, or electronic monitoring.
If convicted of a felony, you could lose civil rights such as your ability to vote, hold public office, or join the military. Your job opportunities may also suffer, as U.S. employers are legally allowed to ask about prior convictions.
Michigan Criminal Court Process
Facing criminal charges can be confusing and stressful. Understanding the court process can provide some clarity. From arrest and arraignment to pretrial negotiations and the trial itself, we'll be with you every step of the way. And if you're found guilty, we'll explore sentencing options and appeal possibilities.
The criminal court process in Michigan generally follows these steps:
Arrest: This is initiated when a law enforcement officer has probable cause to believe you have committed a crime.
Arraignment: During this stage, you are formally informed of the charges against you and asked to enter a plea.
Bail/Bond Hearing: The court decides whether you can be released from custody, and if so, the conditions of your release.
Discovery: Both the prosecution and defense share information related to the case.
Pretrial Motions and Hearings: These are legal arguments that occur before the trial. They can include arguments to admit or suppress evidence.
Plea Bargaining: This is a negotiation process between the defense and the prosecution, potentially resulting in a lesser charge or sentence.
Trial: Evidence is presented, witnesses testify, and the jury or judge makes a decision on the case.
Sentencing: If found guilty, this is where you receive your punishment, which can range from fines to imprisonment.
Appeal: If there are grounds to believe that errors were made during the trial stage, you can challenge the decision in a higher court.
If you are not satisfied with the outcome of your trial, you have the right to appeal. This complex process involves a higher court reviewing your case for errors or misconduct. It's a challenging journey, but our seasoned team at Detroit Legal Group PLLC is ready to guide you through it.
The Detailed Appeals Process
The processes involved in appealing a criminal conviction in Michigan are complex and time-sensitive. To give you insight into this process, we've broken it down into several steps:
Notice of Intent: This involves filing a 'Notice of Intent to File an Appeal' with the court. This must be done within 21 days of the final judgment or order.
Obtaining Transcripts: You or your attorney will need to obtain a transcript of the trial court proceedings. This step is crucial as it provides the higher court with a record of what occurred during the initial trial.
Briefing: The next step involves filing a brief. This document presents your arguments for why the trial court ruling should be overturned. It contains facts of the case, legal arguments, and references to case laws and statutes.
Oral Arguments: After the brief is filed, the appellate court may schedule a date for oral arguments. This is where your attorney presents your case orally before the appellate judges.
Decision: After the judges have reviewed the briefs and heard the oral arguments, they will make a decision. This process can take several months. The court can uphold the original decision, reverse it, or remand the case for a new trial.
Request for Rehearing: If the appellate court decision is not in your favor, you can request a rehearing within 21 days.
Appeal to a Higher Court: If the request for rehearing is denied, you might consider appealing to a higher court, such as the Michigan Supreme Court or the U.S. Supreme Court.
Remember, each stage of the process has strict deadlines and requires thorough preparation. Our team at Detroit Legal Group PLLC is dedicated to helping you achieve the best possible outcome.
Criminal Defense Attorneys in Detroit, Michigan
As your criminal defense attorneys in Detroit, Michigan, we're not just here to represent you; we're here to stand with you. We understand the gravity of what you're facing and the impact it can have on your life. Don't carry this burden alone. Reach out to us today for a free consultation. Let's discuss your concerns, answer your questions, and build the robust defense you deserve. Your fight is our fight, and together, we can face anything.