If You are Charged with A Misdemeanor, contact Experienced, Affordable and Aggressive Criminal Defense Attorney Schmierlaw for the best Criminal Defense Possible. Call or Text Schmierlaw at (248)705-3742 for an Initial, No-cost Consultation

Arraignment

If you have been charged and arrested with a Misdemeanor, an Arraignment will be scheduled. The Arraignment is conducted at the District Court. At the Arraignment the charges will be read to you in open Court and the next hearing will be scheduled. In addition, Bond will be set. Depending on the severity of the crime, you may be allowed to come in to Court on your own or if the crime is serious and you are in a local jail, the police will transport you to the arraignment.

Bail and Bond

Michigan Law requires that every person is entitled to post a bond or something of security, to insure that person will return to Court. The Judge is allowed by law to consider two factors when deciding the amount the Defendant must post with the Court to get out of jail before the case is settled:

(1) Is the person a risk of flight. Does he have a job, family, other ties to the community? What is the likelihood that the accused will come back to court when ordered.

(2) Does the person pose a risk of danger? If the person is released from jail might they do same thing? And who might get hurt?

After you are arraigned on a misdemeanor, a misdemeanor pretrial will be scheduled.

Misdemeanor Pretrial

After you are arraigned on a misdemeanor, a pretrial will be scheduled. At that hearing, you and your attorney will have the first opportunity to discuss the case with the Prosecutor. The Defendant and his or her Attorney will be given the police report and any other evidence that the Prosecutor might have. You will have three choices at this hearing:

(1) you can adjourn the case to a later date to allow your Attorney to collect evidence, get other evidence the Prosecutor may have, or just have time to further discuss the case with you.

(2) You can demand a trial. In that case, a trial date will be selected where a jury will be chosen and the Prosecutor will have to prove beyond a reasonable doubt that you are guilty, and lastly

(3) The Prosecutor might offer a lesser charge or a recommendation to the Judge for no jail, only probation, if you are will to plead Guilty to the lesser charge or an agreement you will not be incarcerated.

Depending on the choice you make, you will either go to trial, come back for another Pretrial, or plead guilty and in a couple weeks later, get sentenced.

Misdemeanor Sentencing

Depending on the choice you make, you will either go to trial, come back for another Pretrial, or plead guilty and in a couple weeks later, get sentenced.

Depending on the exact nature of the crime, your prior record, how much trouble, time, and money you have caused the Court, and how experienced and competent your criminal defense attorney will determine the exact sentence you will receive. If you are sentenced to any jail time, it will be served in a County Jail. Generally, however, unless you have a significant criminal history, the misdemeanor was particularly serious, or you are already on probation, the Court will generally sentence you to a probation period, restrict the use of alcohol or other controlled substances even if legal, and impose community service.

In certain certain District Courts, however, like the 48th in Birmingham, Bloomfield Hillls, and Bloomfield Township, if you are charged and convicted of drunk driving, no matter how much over the legal limit, Judge Small will send you to jail for at least 5 days.

If You are Charged, Under Investigation, or Arrested
Call us to schedule an initial, no-cost consultation to talk about your case.

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• Contact Us at (248) 705-3742

We help people who have been charged with a crime, whether it is a misdemeanor or felony, a drunk driving offense, or just a traffic ticket. Hiring an experienced criminal defense attorney is the best decision you can make. Schmierlaw has the experience, knowledge, and track record to help, if you are charged with any criminal offense.


Contact Experienced, Affordable, and Aggressive Schmierlaw for an Initial No-Cost Consultation
Contact Us for an Initial No-cost Consultation
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Schmierlaw is a Criminal Defense and Drunk Driving/ DUI legal firm providing representation in Wayne County, Oakland County, Macomb County and throughout Michigan including these Michigan cities:

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Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742     FAX: (248) 540-0044    Email: jschmier@schmierlaw.com