I have been a lawyer for just about 30 years.  I think of myself as a decent conscientious person, who puts my clients’ needs first.  While there are a few jerks among us lawyers, the vast majority of us lawyers are the same as me; they are Moms & Dads, Rotary members, church-goers, and decent people who do right by the clients.

So why do we have such lousy press? Keep reading.

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This is an anxious time for you, or you would not be calling a lawyer.  You are calling a lawyer, only because you have to.  Therefore, you need to be able to figure out if the lawyer knows what they are doing, and if so, whether they can help you. 

You are going to have to rely on this lawyer, so yes, you will need to develop some trust, and hopefully, some level of comfort, talking with this lawyer.  Thus, the lawyer is going to ask you about the facts of your case, and you should be ready to answer his/her questions, even though they seem intrusive, or even irrelevant. 

You also want to know about price and terms (is it hourly? How much? How much down, initially? Contingent fee, etc).  However, you also want to know if you can work with this lawyer.  In short, you are “feeling out” the situation, and indeed, the lawyer, to see if he/she is the one to hire. Keep reading.

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Frank Law Defense is your source for accurate legal information and representation regarding DUIs, Drug Possession, MIPs, Drivers License Restoration, and Auto Ticket Defense. Text/Call either of my numbers (877) 372-6552/(586) 727-1900.

At Frank Law, you and your case will not be shunted off to a lawyer you never heard of.

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Crimes generally fall into two categories, misdemeanors & felonies. Normally, the difference between the two, is that misdemeanors have potential jail time of one year or less, while felonies involve jail time of one year or more (NOTE: Michigan does have some two-year "high" misdemeanors).

If you have been charged with a misdemeanor, the first court appearance is the "Arraignment", in District Court, where the charges will be read to you, and at which you can enter a plea.  If you are represented by a lawyer, you will typically plead "not guilty", so that you can move on with the process.  

Arraignments also involve the issue of bail. Are you a flight risk? Do you have ties to the community? Did you voluntarily appear for arraignment following news of an arrest warrant? Your lawyer will handle all of these issues for you, and will get the information from you, that they need to represent you.

The next hearing in a misdemeanor case will be the "pre-trial".  Formally, the only question at the pre-trial, is whether there will be a plea bargain, or if the matter should be set for trial. By this time, experienced defense counsel will have already received a copy of the Prosecutor's "discovery" file, and will know enough to make informed decisions about whether you should plead, or move on to trial.

There may be pre-trial Motions, such as motions to suppress illegally obtained evidence.  Those may be scheduled at the pre-trial, or in the period between then and trial.

The last step is the jury trial, when a final determination will be made on whether you are formally found guilty or not guilty.

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The procedure is the same as for "misdemeanors", except that felonies are tried in Circuit Court; because felonies are more serious offenses with more jail time, there are procedures & hearings designed to provide you with additional legal protections.

After the District Court arraignment, the Court will set a "Probable Cause Conference" (PCC), at which you will have an opportunity to inform the Court whether you want to waive the "Preliminary Exam" (see FAQ on Preliminary Exams, for what is at stake in this decision).

Assuming that the Preliminary Examination is not waived, the question is whether there is enough evidence to transfer your case to the Circuit Court for trial on the felony. 

If the Judge finds that there is enough such evidence, your case will be transferred to the Circuit Court, where you will undergo another Arraignment and pre-trial.  If the matter is not resolved at the pre-trial, or by means of a Motion (see FAQ on motions), the matter then proceeds to a criminal trial, in the Circuit Court.

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The evidence against you in a criminal case has to be obtained by the police, lawfully. If not, your case could be dismissed in whole, or in part, by means of a "Motion to Suppress".

In order to stop you, the police must have, a "reasonable suspicion" that a crime was committed, and that you committed it. In order to seize evidence from your home, your person, your vehicle, etc, the standard is a bit higher; they must have "probable cause" to believe that you have evidence of a crime in your possession. What constitutes "reasonable suspicion" and "probable cause"? Specifics are set forth in appellate court cases from Michigan, and from the Federal Court system. Your lawyer will help you determine if the police made "a good stop", or if the seizure was lawful.

Not all seizures of persons or evidence require warrants.  There are well-defined exceptions to the requirement of a search/arrest warrant, and again, your lawyer should be able to guide you through this subject.

If your lawyer DOES decide that the police did not follow the law, he/she may file a "Motion to Suppress" evidence.  If granted, a Motion to Suppress may result in significantly reduced charges, and may in fact, result in all charges being dismissed.

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"Preliminary examinations", or PE's are set in cases where a felony is charged. These examinations are "mini-trials", at which the District Court Judge must determine if there is enough evidence against you, to transfer your case to Circuit Court. A decision to transfer your case is sometimes called "being bound over to Circuit Court".

If the District Court binds you over, you go to Circuit Court (see FAQ on Felonies), on all charges, including misdemeanors that the District Court would have tried, had they been the only charges.

If you were charged with a felony only, and the Judge denies "bind over", your case might theoretically be dismissed, but this is not likely. Prosecutors are supposed to base their charging decisions, on a calculation of whether they can prove their case "beyond a reasonable doubt". Therefore, a Prosecutor is less likely to charge, where he/she knows they have a weak prosecution case.

Also, you need to know that District Court Judges are often deferential to prosecutors, giving them the opportunity to try their cases. Chances are that "bind over" will be granted.

Because the burden, however light, is on the Prosecutor to show at a PE, that there is enough evidence to bind you over to Circuit, you gain nothing by putting evidence on here. Indeed, there is no reason you should "show your hand" to the prosecution, by putting on evidence here (There may be some exceptions to this).

The reason I normally do not waive PE's, is because these hearings give me an opportunity to meet, assess, and cross-examine police officers and adverse witnesses, and to commit them to testimony. If the witness deviates from the preliminary exam testimony at time of trial, I have a transcript of the PE to use at trial to undermine their testimony at your Circuit Court trial.

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You have a right, under our criminal justice system, to require the Government prove its case against you, "beyond a reasonable doubt". We all have a right, under the 4th Amendment to the US Constitution, to be secure in our homes, papers and effects, which in practice means that the Government has to prove its case against you, not just beyond a reasonable doubt, but they also need to do it, "by the rules". That means a warrant, or a recognized exception to the warrant requirement, etc.

Even if everything was done properly, pleading guilty deprives you of an opportunity to get charges against you reduced.

There are times, however, when it makes sense to plead guilty. For example, when the police/prosecutor charge you with something less serious than the charge they could have thrown at you, with lesser penalties, it might make good sense to plead guilty.

There are also potential "collateral consequences" to guilty verdicts and pleas. What is your immigration status? Might a guilty plea affect that? Are you on probation in another court? While a criminal charge will likely affect your probation, a guilty plea will more likely do so, and may result in you being jailed on the "probation charge".

All of this said, I have also had clients whose consciences demanded that they plead guilty, and that they squarely face the consequences. I certainly respect these decisions of conscience, and will respect them. However, as a lawyer, my job is also to advise clients and guide them through the criminal justice system.

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