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Court Procedures – What You Can Expect

At the time of your arrest, you will be given a date for an arraignment. An Arraignment is where the Court explains the charges, and where you are represented by an attorney, some District Courts will waive this hearing, thinking that your attorney will explain things to you. Arraignment is also the hearing where the Court makes decisions about bond, and conditions of bond.

The next hearing is called a “Pre-Trial”, which is when quite a few matters are resolved, by means of discussions between the Prosecutor and me, acting on your behalf.

By the time the pre-trial happens, I have typically requested a copy of the Prosecutor’s file, along with any “dash-cam” video/audio from the police car.

If the pre-trial does not resolve the matter, the courts will often adjourn the matter, to allow for the filing of Motions to suppress evidence, or to dismiss the case entirely.

If the pre-trials and Motions do not resolve the case, the matter moves to trial

Cases are normally tried to a jury, although sometimes judges decide cases. If you are acquitted, the matter is over, and any bond you have posted, is refunded to you. If you are convicted, you will have to report to the Court’s probation department for a screening and assessment, and for their sentencing recommendation.

Sentencing is, of course, where the court imposes sentence.

NOTE: Your conduct starting from the time of arrest, until the time of sentencing, is scrutinized very closely. We have an opportunity, starting on the day of your arrest, to start influencing the sentencing decision. Where sentencing is likely, due to guilt, or if we decide to negotiate a plea, ask Jon Frank how we can influence the judge’s ultimate sentencing decision.

Does court procedures seem confusing?

Contact me and we will go over the procedures, step by step

Learn more about Michigan DUI Laws & Protections.

Under Michigan law, your use of roads and highways is held to show your implied consent to provide breath alcohol testing. MCLA §257.625c. Thus, there are consequences for your refusal to submit to the testing, that you have “impliedly consented” to giving... Continue reading.

Michigan recently enacted enhanced penalties for first time drivers, whose blood alcohol level exceeds .17%. Under Michigan’s new “Super Drunk” law, including mandatory one-year alcohol rehabilitation, a one-year license suspension, the first 45 days of which is a so-called “hard suspension”, meaning no driving at all; during the remaining 320 days, the driver can seek restricted driving privileges, but only if monitored by a breath alcohol ignition device (or “breath interlock device”), installed and maintained in the vehicle, at the expense of the driver... Continue reading.

Using the Widmark formula, as breath alcohol testing machines do internally, and mechanically, you can calculate the anticipated blood alcohol level one would expect from consuming a certain amount of beer, wine, or hard liquor. One can also calculate how many drinks of different types of intoxicant, it would take to elevate one’s blood alcohol level to a given number. Constants are built into this well-accepted formula, to account for physiological differences between men and women, and between heavier and thinner people... Continue reading.

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