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Thursday, May 4, 2017

DRUNK DRIVING IN MICHIGAN SIMPLIFIED - PART TWO

After you have received your drunk driving citation and have met, discussed and retained my firm to represent you, the next step in the process will be "court".

In this article we will look at part of the court system and how it relates to your situation. The process is somewhat different for different crimes...and yes, drunk driving in Michigan and all other States for that matter, is a crime for which jail time is possible.

First of all, I do not believe in preying on peoples fears! Many attorneys "use" this emotion to hook clients and charge fees based on the fear he/she has conjured up in the client. This is not my style. But clients fears, and how I deal with that, is the subject matter of another article that will be addressed soon.

Initially, the court will send all parties a notice to appear in court for the initial proceeding which in many cases will be the "arraignment'. I say in many cases because in some instances the judges in certain courts will allow a "waiver of arraignment". This is a convenience that I always take advantage of. When permitted, I take advantage of this procedure because It frees up my client from having to appear in court for this proceeding. If allowed by the specific court, I am able to enter a "not guilty plea" by mail which saves my client not only the time and stress of being somewhere they really would prefer not to be; but also preserves a few more of his hard earned $$$. Many attorneys "use" this court proceeding to generate billable hours. I consider this to be gouging and unacceptable.

To be clear, an arraignment is a court proceeding that requires the client to enter either a guilty or not guilty plea after the charges alleged to have been committed by the client, have been read in open court by the judge.

The "waiver of arraignment" submitted on the clients behalf by me indicates that the client is aware of the charges he is accused of and what penalties they carry.

 If the client is required to appear at this court proceeding, he/she can plan to spend a few hours in a court room to accomplish what we can in a quick visit to my office and a signature.

This is not to say that I never go to arraignments! Sometimes it is necessary, let me explain why.

In most instances of a first time drunk driving complaint, unless there are extenuating circumstances, the client does not need to worry about the court setting a bond where the client needs to put up money to stay out of jail (in these cases the court would set a personal recognizance bond meaning the client does not have to put up any money in order to stay out of jail during the pendency of the matter). In very serious cases where the public safety is a valid concern, the court will remand a client to jail or set a high bond. In these cases my presence is, of course, necessary. My job at this point would be to explain to the court why it is prudent to set a reasonable bond amount in order to allow the client to work, provide for his family and take advantage of any services that are helpful to the client. We also indicate why it is safe, in the interim, to allow the client to be free.

In part three of our Michigan drunk driving simplified series we will deal with the pre-trial phase of the court proceedings.

For a consultation regarding drunk driving or any other criminal matter please call our Flint office at 810-232-3223, or visit our website at: http://michiganlicenserestorationlawyer.com/flint-mi-troy-mi-criminal-law-attorney-flint-mi-lawyer_pa26708.htm.

 

 

 


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| Phone: 810-232-3223
1680 Crooks Road, Troy, MI 48084
| Phone: 248-498-2525

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