(Crystal A. Proxmire, The Ferndale 115 News, March 15, 2012 ed)
Often people don’t think about the criminal justice system until it’s too late – when they or someone they know is in hot water and needs help. Having a basic understanding of the legal system is a good way to prepare yourself for unexpected problems later. That’s why Ferndale-based attorney Lisa Schmidt holds free classes at the Ferndale Public Library, like the one she did on “The Anatomy of a Criminal Case” on Feb. 27, 2012.
Schmidt gave examples of three types of cases, and explained the basics of each. Attendees learned about civil infractions, misdemeanors and felonies – and what to do if caught up in any of them. In her presentation, fictional accounts were given to illustrate he process. None of this is considered legal advice, only illustrations of how the law could work in some situations. Always seek professional consult if you have legal questions.
Anna
Anna finds herself pulled over by the police for speeding. In this case it is a Civil Infraction. In speeding case, Schmidt says:
-Anna should give the officer her identification when asked. “You can get into worse trouble if you don’t give an ID or give false information,” Schmidt said.
-If asked to step out of the car, do what the officer says and don’t lose your temper.
-Do not consent to a search of your vehicle. “Even if you are 100% sure there is nothing in your vehicle, still say no. You can’t know for certain that you didn’t accidently get something on your shoe, or that someone else didn’t. …It does not hurt your credibility to assert your rights. It cannot be used against you if you say no.”
-If they arrest Anna, it is an excuse to get around needing a warrant because they will need to inventory her car before impound.
-She will be asked to admit responsibility or say she is not responsible.
-In speeding cases, sometimes it is best to make an argument for defective equiptment instead of speeding. The difference is that defective equipment does not add points to your license.
-Civil infractions are judged based on the preponderance of the evidence.
-Civil infractions have flexibility on fines, that are up to the Judge’s discretion.
-In Michigan there is an option for some drivers to take a class rather than have their first points put onto their license.
Brian is in a bar and his friend gets in an altercation. Brian steps in and punches the assailant of his friend, and both he and the other guy are arrested for assault and battery. In this example, Schmidt illustrates:
-If you are the subject of a police investigation, there are two things you can do. One is to verbally assert your right to remain silent, and two, ask for an attorney. “If you assert your right to remain silent, they can keep asking questions for hours. But if you ask for your attorney they have to stop questioning you until you speak with your attorney,” Schmidt said. She also recommended having an attorney that you know and keep their card with you in case of trouble.
-In Brian’s case, he may be able to make bond. Sometimes bonds are done at 10%, meaning that for a $5,000 bond, Brian could pay $500 up front and be released, but if he fails to appear for court proceedings, he would then be responsible for $5,000.
-If the court requires cash surety, a bail bondsman may get involved, making the loan to the defendant of the entire amount.
-Many misdemeanor cases have pre-trials, so that the defense may come to a deal with the prosecutor before the trial.
-In most misdemeanor cases there are six jurors and possibly alternates
-If a conviction is made, there is often time between the conviction and sentencing. That’s so more background information can be collected about defendant to be considered, such as drug tests and prior record etc. There may also be time to notify victims so they may be present at sentencing.
-In an assault case such as Brian’s, a defense attorney might go for an “affirmative defense.” This is where they admit doing the act, but for a legally justifiable reason, such as defending a friend.
-Alternative pleas and sentencing may be available, such as delayed sentencing, work release, probation, and training camp alternatives for youth.
Carl
Carl is in the wrong place at the wrong time. He stops by a drug house to pick up some meth, and the house is raided by a narcotics team. In this case Carl is facing felony drug charges. Considerations given by Schmidt include:
-There are usually 5-8 hearing before trial, beginning with arrest. Hearings determine bond restrictions, give opportunities for attorneys to get information from each other in the “discovery” process, and have pre-trial hearings to determine if there is enough evidence to warrant a trial.
-A preliminary exam must happen within 14 days of arraignment, but this may be waived by the defense attorney.
-A defense attorney may not say much in a preliminary exam because “they don’t want to give away their hand.”
-Felony sentencing is always on a separate date from conviction, for the same reasons as in a misdemeanor case. Victims are often given a couple of weeks to prepare a victim impact statement.
Schmidt, who handles private clients and public defense cases, urges defendants to dress professionally and act respectfully in all court matters. She also says having a good lawyer is important, and that’s who people in specific legal situations should consult.
Schmidt is a trial lawyer whose firm Schmidt Law Services, PLLC, focuses on criminal defense, family law, and civil rights issues. For more information on her services, and other informative legal blogs, go to www.schmidtlawservices.com.
Schmidt has also written more in-depth blogs about her talks. Find them at:
http://schmidtlawservices.com/2012/02/29/straight-talk-on-the-anatomy-of-a-civil-infraction/
http://schmidtlawservices.com/2012/03/02/straight-talk-on-the-anatomy-of-a-misdemeanor/
http://schmidtlawservices.com/2012/03/05/straight-talk-on-the-anatomy-of-a-felony/
The Ferndale Public Library hosts many educational and entertaining series, like Straight Talk. Find out more at www.ferndale.lib.mi.us.
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