| J E F F R E Y B U E H N E R, P L L C |
office:
(248) 865-9640
24 hour hotline: (248) 422-2245 |
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FREQUENTLY
ASKED QUESTIONS ABOUT MICHIGAN CRIMINAL LAW I've been arrested; what do I do? Call Jeff Buehner. Mr. Buehner is a former Oakland County Prosecutor and has handled criminal defense cases throughout Michigan, in both state and federal court. He can answer your questions and address your concerns. If he can't help you with your case, he may be able to refer you to an attorney who can. Your first consultation is free - so call now: (248) 865-9640 or 24 Hours at (248) 422-2245. You can also fill out the Free Case Evaluation form below. Is a misdemeanor a
criminal offense? What
is a felony? The police didn't read me my Miranda Rights, what happens
as a result? What is District Court? What is Circuit Court? What is the difference between a jury
trial and a bench trial?
What
is a bench warrant? How
long can I go to jail for violating a personal protection order? What
is larceny? What
is a preliminary examination? What
does "Beyond a Reasonable Doubt" mean? GENERAL OUTLINE OF MICHIGAN CRIMINAL PROCEDURE Arraignment: A court hearing where a magistrate or judge informs the defendant of the nature of the criminal charges and their potential penalties; the court also determines if the defendant will be released on bond, and the amount of bail that must be posted. A preliminary examination hearing date will normally be set at the arraignment and will be scheduled for hearing within 14 days from the date of arraignment (note: the preliminary examination is often times adjourned at the request of prosecutor and/or defendant).
Preliminary Examination: A preliminary examination is a court
hearing at which the prosecuting attorney must present evidence to
show that there is probable cause to believe a crime has been committed
and probable cause to believe that the defendant is the person who
committed that crime. If the prosecutor carries that burden, or if
the defendant waives the preliminary examination, the case is bound
over to Circuit Court. Pretrial
Conference Motion
Hearing Bench Trial: A bench trial is a trial in which a judge presides over the trial and serves as the finder of fact (that is, a judge determines whether the prosecutor has proven beyond a reasonable doubt that the defendant committed the charged offense(s)). Both the defendant and the prosecutor have to waive their respective right to a jury trial before a case can be tried as a bench trial. Jury Trial: A jury trial is a trial where a but a jury of individuals serves as the fact finder (that is, a jury of the defendant's peers determines whether the prosecutor has proven beyond a reasonable doubt that the defendant committed the charged offense(s)). Sentencing:
Sentencing is a hearing at which a judge imposes punishment for a
crime for which the defendant was found guilty or entered a plea of
guilty or no contest. In most instances, sentencing occurs after a
Presentence Investigation Report is completed. A Presentence Investigation
Report ("PSI") is written by the Court's
Probation Department after the Defendant is interviewed by
a Probation Officer. The PSI is supposed to contain relevant information
regarding the offense committed and the Defendant's background, however,
the PSI may not accurately reflect a Defendant's positive attributes.
Mr. Buehner frequently supplements the information contained in the
PSI with character reference letters and/or sentencing memos to provide
the sentencing judge with a more thorough understanding of the Defendant
and the offense. 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)
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