Is a misdemeanor a criminal offense?
Yes. A misdemeanor is a crime carrying maximum jail time of one year or less. Most misdemeanors carry a maximum jail term of 93 days.

What is a felony?
A crime carrying more than one year of incarceration (i.e. - prison).

What are Miranda Rights?
Miranda Rights refer to the warning given by police before custodial interrogation. It advises the person that he does not have to talk to police, and his silence will not be held against him, and his right to legal counsel before talking to police. Miranda rights refers to  a US Supreme Court decision: Miranda v Arizona, 384 US 436 (1966).

The police didn’t read me my Miranda Rights, what happens as a result?
Statements taken by the police during a custodial interrogation without a proper reading of an individual's Miranda Rights may result in such statement being ‘suppressed’ by a judge (i.e.-the prosecutor is barred from introducing the evidence at trial).

What is District Court?
All criminal cases for persons 17 years or older are started in the district court. It is the trial court for all misdemeanors for which punishment does not exceed one year and civil infractions, District Court conducts initial arraignments, sets and accepts bond and conducts preliminary examinations in felony cases. All charges issued under a local city ordinance are handled in District Court and are prosecuted by the local city attorney. If you are charged with either a felony or misdemeanor offense, your case will begin in District Court.

What is Circuit Court?
Michigan's highest level trial court, Circuit Court has three divisions: Criminal (felony & high misdemeanor trial court; appellate court for District Court rulings); Civil (civil law suits over $25,000, or seeking injunctions or other equitable relief), and Family (every aspect of family law, including juvenile delinquency, personal protection orders, and child protection proceedings (parental neglect or abuse).

What is the difference between a jury trial and a bench trial?
A trial is an adversary proceeding in which the Prosecutor must present evidence to prove the defendant's guilt beyond a reasonable doubt. Both the defendant and the Prosecutor have the right to a trial by a jury. A bench trial is held when both the Defendant and the Prosecutor agree to let the judge listen to the evidence and decide the case without a jury. A jury trial is held when either the prosecutor or defense request that a jury listen the evidence, in which case , the jury is the "trier of fact" rather than the judge. After the evidence is presented, the judge or a jury will determine whether the evidence proved that the defendant committed the crime.

What is assault and battery?
An assault is an unlawful act that places another person in reasonable apprehension of receiving an immediate battery. The defendant must have intended to injure the victim or make the victim reasonably fear being struck. Battery is an intentional, unwanted and forceful/violent touching of another person, or something closely connected with that person.

What is a bench warrant?
A court order commanding the defendant's arrest and appearance in court after the person had previously failed to appear for a hearing or issued against a defendant for violating a court order such as conditions of release or probation.

How long can I go to jail for violating a personal protection order?
You can be found in contempt for each violation of the personal protection order and sentenced to 93 days in jail for each violation. Consecutively.

What is larceny?
The unlawful taking and carrying away of property of another with the intent to keep it from the owner (i.e. stealing).

What is a preliminary examination?
A District Court hearing in felony cases where the Prosecutor must present evidence amounting to probable cause that the charged felony crime(s) in fact occurred and that the defendant committed it (them).. If the Prosecutor meets his burden of proof, the case is "bound over" to Circuit Court for arraignment on an information.

What is a pretrial conference?
A court-scheduled meeting between the Prosecutor and defendant (or defendant's attorney), to discuss potential plea bargains, schedule motions and/or pick a trial date.

What District Court will my case be in?
The District Court in the city/municipality where the crime is alleged to have occurred. See local list below:

1st District Court (Monroe County)
3A District Court (Branch County)
3B District Court (St. Joseph County)
8th District Court (Kalamazoo County)
10th District Court (Calhoun County)
12th District Court (Jackson County)
14A District Court (Washtenaw County except
City of Ann Arbor and Township of Ypsilanti)
15th District Court (City of Ann Arbor)
16th District Court (Livonia)
17th District Court (Township of Redford)
18th District Court (City of Westland)
19th District Court (City of Dearborn)
23rd District Court (City of Taylor)
24th District Court (Cities of Allen Park & Melvindale)
35th District Court (Cities of Northville and Plymouth, Townships of
Northville, Plymouth and Canton)
36th District Court (City of Detroit)
37th District Court (Center Line and Warren)
38th District Court (City of Eastpointe)
39A District Court (Roseville and Fraser)
39B District Court (Fraser)
40th District Court (St. Clair Shores)
41A District Court (Macomb Township, Shelby Township, and Utica)
41B District Court (Clinton Township, Harrison Township, and Mt. Clemens)
42-1 District Court (Armada and Armada Township, Bruce Township, Memphis, Ray
Township, Richmond and Richmond Township, Romeo, and Washington Township)
42-2 District Court (Chesterfield Township, Lenox Township, New Baltimore, and
New Haven )
43rd District Court (City of Ferndale)
44th District Court (City of Royal Oak)
46th District Court (Cities of Southfield and Lathrup Village and
Township of Southfield)
47th District Court (Cities of Farmington and Farmington Hills)
48th District Court (Cities of Birmingham, Bloomfield Hills, Keego Harbor, Orchard
Lake Village, and Sylvan Lake; Townships of Bloomfield and West Bloomfield)
51st District Court (Waterford Township)
52-1 District Court (Cities of Novi, South Lyon, Wixom, and Walled Lake)
52-2 District Court (Villages of Holly, Davisburg, Clarkston, and Ortonville)
52-3 District Court (Cities of Auburn Hills, Rochester, Rochester Hills)
52-4 District Court (Cities of Troy and Clawson)
53rd District Court (City of Howell)
53rd District Court (City of Brighton)

What Circuit Court will my case be in?
The Circuit Court in the county where the crime is alleged to have occurred. See list below:

3rd Circuit Court (Wayne County)
4th Circuit Court (Jackson County )
6th Circuit Court (Oakland County)
7th Circuit Court (Genesee County)
9th Circuit Court (Kalamazoo County)
10th Circuit Court (Saginaw County)
13th Circuit Court (Antrim, Grand Traverse, and Leelanau Counties)
15th Circuit Court (Branch County)
16th Circuit Court (Macomb County)
17th Circuit Court (Kent County)
18th Circuit Court (Bay County)
19th Circuit Court (Manistee County)
20th Circuit Court (Ottawa County)
21st Circuit Court (Isabella County)
25th Circuit Court (Marquette County)
29th Circuit Court (Clinton County)
29th Circuit Court (Gratiot County)
30th Circuit (Ingham County)
31st Circuit Court (St. Clair County)
33rd Circuit Court (Charlevoix County)
34th Circuit Court (Ogemaw and Roscommon Counties)
37th Circuit Court (Calhoun County)
38th Circuit Court (Monroe County)
42nd Circuit Court (Midland County)
44th Circuit Court (Livingston County)
45th Circuit Court (St. Joseph County)
54th Circuit Court (Tuscola County)
56th Circuit Court (Eaton County)

FIRST NAME

LAST NAME

TELEPHONE

CELL

EMAIL

PLEASE LIST ANY CHARGES ALONG WITH ANY QUESTIONS YOU MAY HAVE AND THE BEST TIME TO CONTACT YOU

Disclaimer:

Jeffrey Buehner, PLLC publishes this web site solely for the purpose of conveying information regarding the nature of Jeffrey Buehner, PLLC's practice. No information contained in this web site should be construed as legal advice. Neither viewing this web site, nor transmitting any information via e-mail, establishes an attorney-client relationship. The establishment of an attorney-client relationship is solely within the discretion of Jeffrey Buehner and will only occur after the signing of a retainer agreement by
Jeffrey Buehner and the client expressly establishing an attorney-client relationship.

 

Warren Center Line Eastpointe Roseville Fraser St. Clair Shores Sterling Heights Utica Shelby Macomb Madison Heights Ferndale Hazel Park Royal Oak Berkley Huntington Woods Oak Park Pleasant Ridge Southfield Lathrup Beverly Hills Bingham Farms Franklin Farmington Farmington Hills Birmingham Bloomfield Hills Sylvan Lake Keego Harbor Orchard Lake West Bloomfield Pontiac Waterford Novi South Lyon Wixom Walled Lake Milford Highland Commerce Wolverine Lake Springfield Independence Holly Groveland Rose White Lake Brandon Davisburg Clarkston Ortonville Auburn Hills Rochester Rochester Hills Lake Angelus Lake Orion Addison Oakland Oxford Troy Clawson Livonia Redford Westland Dearborn Dearborn Heights Garden City Inkster Taylor Allen Park Melvindale Lincoln Park River Rouge Wyandotte Southgate Highland Park Hamtramck Harper Woods Grosse Pointe Belleville Romulus Sumpter Van Buren Northville Plymouth Canton Detroit Ann Arbor Ypsilanti Chelsea Livingston Brighton Howell
Assault & Battery, Aggravated Assault, Embezzlement, Non-Sufficient Funds Check, Negligent Homicide, Indecent Exposure, Larceny, Malicious Destruction of Property, Retail Fraud, Receiving & Concealing Stolen Property, Possession of Marijuana, Domestic Violence, Uttering & Publishing, Probation Violations, OWI.