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?
Yes. A misdemeanor is a crime carrying a maximum jail time of one year or less. Most misdemeanors are punishable by either 93 days or 1 year in jail.

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 may be barred from introducing the statement as evidence at trial).

What is District Court?
All criminal cases for persons 17 years or older begin in the district court. It is the trial court for all misdemeanors for which punishment does not exceed one year and civil infractions. District Courts also conduct initial arraignments, sets and accepts bonds 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 criminal court for District Court rulings); Civil Court (civil lawsuits over $25,000, or seeking injunctions/other equitable relief), and Family Court (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?
In a criminal case, a jury trial is held when either the prosecutor or defense attorney request that a jury listen to the evidence and determine a defendant's guilt (i.e. - the jury is the "trier of fact" rather than the judge). In a bench trial, both prosecutor and defense counsel agree to waive their respective rights to a jury trial and have the judge sit as 'trier of fact.' After the evidence is presented, the judge or a jury will determine whether the evidence presented by the prosecutor proves 'beyond a reasonable doubt' that the defendant is guilty of the crime(s) charged. Both the defendant and the Prosecutor have a right to a trial by a jury.

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. A defendant who (allegedly)violates a condition of bond or a probationer who violates a term of probation are examples of individuals who may be subject to a bench warrant.

How long can I go to jail for violating a personal protection order?
You can be found in contempt of court 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. This is a specific intent crime, and cannot occur accidentally. The crime is completed when the defendant actually or constructively possesses or controls the property, moves or hides it, and specifically intends to permanently deprive the owner of it.

What is a preliminary examination?
A District Court hearing in a felony case 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 does "Beyond a Reasonable Doubt" mean?
In a criminal case, the prosecutor has the burden of convincing a jury of the Defendant's peers that the Defendant is guilty of the alleged crime "Beyond a Reasonable Doubt." A "Reasonable Doubt" is a fair, honest doubt based on the evidence produced at trial (or missing from the proofs). Additionally, the prosecutor must convince a jury unanimously: every juror must agree with the verdict. "Beyond a Reasonable Doubt" is the highest standard under the law.

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
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. Depending upon the nature of the case and the courtroom procedures of the presiding judge, there may be no pretrial conferences or there may be multiple pretrial conferences.

Motion Hearing
A Motion is a request asking a judge to issue a ruling on a legal matter. Usually, one side files a motion, along with notice of the motion to the attorney for the opposing party, the other side files a written response. Once a judge receives a motion, can grant or deny the motion based on its contents. In the alternative, the judge can also schedule a hearing. At a motion hearing, each argues its position and the judge can ask specific questions about the fact or law. After hearing the judge decides the motion and this is called an order. Motions are often made before trials to resolve procedural and preliminary issues (e.g.-adjournment of a trial date; admissibility of evidence).

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 Circuit Court will my case be in?
Your case will begin in the District Court (see preceding paragraph); if it isn't resolved in District Court then it eventually be bound over to 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)