Misdemeanors Lawyer Holland, Michigan
Michigan District Courts decide misdemeanors offenses.
For Instance, Gerald R. Stahl routinely handles Misdemeanors in Holland District Court, Grand Haven District Court, Hudsonville District Court, Grand Rapids District Court, Grandville District Court and Walker District Courts. One of the most common misdemeanor charges is Drunk Driving or OWI.
There are three categories of misdemeanors that can carry anywhere from 93 days in jail to up 2 years.
Misdemeanors with maximum jail of up to 93 days.
Misdemeanors with a maximum jail of up to one year.
High court misdemeanors carry a penalty of up to two years in prison
When arrested for a misdemeanor, like any other crime, you need immediate advice. This is important for several reasons. It is imperative that you know the law in order to make an informed decision on how to proceed with your case. Is it a case that should be plea bargained to a lesser offense? What are mitigating circumstances of your case? Did the police follow proper procedures in conducting the investigation? Should I go to trial?
You need a lawyer that is experienced in the court where the offense is charged. For instance, if a defendant is charged in Holland District court, a defendant might want to know the likelihood of no jail for the offense charged? What is the likelihood of probation? Some judges in different courts, such as Grand Rapids District Court , may give a client a break if they entered into treatment or counseling. The prosecutor’s office in Ottawa County or Kent County may treat certain offenses differently. In that case, one prosecutor’s office might reduce the charge where the other county may treat the offense more harshly.
Possible penalties for conviction of a Michigan Misdemeanor include:
Fines and court costs
Community service or work crew
License restrictions or suspension
Arraignment/Plea of Not Guilty
The defendants first Appearance is the Arraignment. If the defendant has any chance of avoiding the criminal record and the punishment in the case they will plead not guilty at the arraignment. The defendant should hire the attorney before the arraignment in order to eliminate the stress and stream line the process.
Examples of misdemeanor charges in Michigan:
I. Operating While Intoxicated-OWI
Operating While Intoxicated in Michigan, 1st Offense
Operating While Intoxicated in Michigan, 2nd Offense
Super Drunk Driving
Driving under the influence of Prescription Drug Charges
Dealing with Drunk Driving Charges in Michigan.
When arrested for OWI or DUI you need immediate advice. This is important for several reasons. It is imperative that you know the law in order to make an informed decision on how to proceed with your case. Is it a case that should be plea bargained to a lesser offense? What are mitigating circumstances of your case? Did the police follow proper procedures in conducting the investigation?
In Michigan, and most states it is illegal to operate a motor vehicle with a BAC or Blood Alcohol content of .08 or higher. But, did you know that you cannot be pulled over in Michigan for any reason unless the officer has probable cause a civil or criminal violation has been committed. Thus, the initial question is did the arresting officer have probable cause to investigate the person charged?
Although the charges and penalties are statutory, it makes a difference where you receive your OWI. For instance, an Ottawa County District Court Judge may not routinely give community service as a part of the sentence on an OWI. On the other hand, a District Court Judge in Kent County may always give some community service.
The question of whether or not a defendant has a possibility of jail on an OWI charge may depend on several factors.
The Drunk Driving Laws are continually being changed or modified. In all these changes the result is to make the laws stricter. For instance, Michigan now has a Super Drunk Driving Law that applies to individuals that are arrested with BAC of Blood Alcohol Content of .17 or higher. If you are charged with Super Drunk Driving the penalties are enhanced for first offenders. Those additional Super Drunk penalties include longer license sanctions, more possible jail time as well as additional counseling.
There are additional Super Drunk penalties in Michigan that include longer license sanctions, more possible jail time as well as additional counseling. Thus it makes it very important to challenge the result of the chemical tests where possible. The BAC result may come from the police department Data Master machine a urine test or from a blood draw.
II. Assault Charges and other potential misdemeanors in Michigan:
Domestic Violence Arrests
Assault and Battery
Illegal drug use
Illegal drug possession
Assault related charges in Michigan District Court.
Assault charges often result in the Michigan District Court ordering the Defendant to have no contact with the victim during the pendency of the charges. And, that could continue if the defendant is convicted as part of the sentence. This can create a great deal of stress on the defendant. For Instance, in domestic violence cases this can result on great hardship to a family unit. Counseling is usually required before the defendant is allowed to return to the household. The ultimate decision on contact is up to the judge. However, the attorney can advocate for the lifting of the no contact order.
Self defense is often claimed by the defendant in an assault case. If the defendant is being attacked or put into fear of immediate bodily harm they have a right to defend themselves. In that case the prosecutor may dismiss the charges or a jury can acquit the defendant. However, if it is a question in dispute about who was the aggressor, then the case will most likely be determined by the evidence presented to the judge of jury.
Sentencing factors in Misdemeanors
The question of whether or not a defendant has a possibility of a jail sentence on a Michigan misdemeanor will depend on several factors. Here are some examples:
Aggravated circumstances such as injuries or recklessness.
High alcohol blood content.
Repeat pattern of similar conduct.
The goal of the Law Offices of Gerald R. Stahl in misdemeanor or felony case is have the client found innocent, have the charges dropped, or have the charges reduced. A defendant deserves an attorney on their side that understands your situation and can fight for the best result. And, at the same time guide you through the process with experience and confidence. Call Gerald R. Stahl today to schedule a confidential consultation today.