Legal Question in Criminal Law in Michigan

I was charged with a MDOP at the end of March, my court date is on the 22nd. This case is in Michigan, I just need to know the proper way to submit a request for discovery, what information to include, and whom to submit the document to. Also I believe I read in subchapter 6.201 that they have 21 days to turn over evidence which will put me past my court date. What can I do at this point. Whether I wish to have an attorney represent me or respresent myself will be decided by the evidence that is turned over. Thank you in advance.


Asked on 5/06/15, 10:43 am

2 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

You don't say what your "court date" is for on "the 22nd" (May 22nd?). If it is an arraignment (typical first hearing where the charge is read to you; bond is determined; court appointed counsel is inquired about; not guilty / guilty plea is presented it you're only charged with misdemeanors). Discovery isn't usually provided at that first hearing; indeed, prosecutors may not even be there, and it's a waste of government resources to prepare discovery packets in advance of arraignments when a good percentage of people plead guilty at those hearings. If the 5/22/15 hearing is a pre-trial conference, that is a time when information can be exchanged. Ideally, discovery is provided before the hearing to reports can be read in advance and the court hearing can be more productive. If you intend to represent yourself at the 5/22 hearing, common sense suggests that you contact the prosecuting office handling your case (county prosecutor, city attorney, etc.) and tell them that, and request discovery of records that you list. Discovery rules for district court (misdemeanors only) and circuit court (felonies plus attached misdemeanors) are different. Discovery in district court is not governed by the court rule you cited; it applies only to discovery in felony cases per case law. But other ethical discovery standards apply (i.e., providing discovery of any information that may be exculpatory to the defendant). I recommend that you consult with and/or hire your own attorney (unless you qualify for a court-appointed attorney) because doing your own legal research in order to represent yourself may result in you making errors that an attorney would not. You may have made your first error if your case is a misdemeanor case and you believed that MCR 6.201 controlled discovery procedures. Consider that strike 1, and don't let yourself go down to strikes in the count.

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Answered on 5/06/15, 11:11 am
Jared Austin Austin Legal Services, PLC

What is your court date? If it is trial you need to act quickly. As counsel stated, the rule you cited does not apply to misdemeanor cases, only felonies. You are clearly in way over your head here with all due respect. Anytime you are charged with a crime you need a lawyer. You said that what the discovery reveals will determine whether or not you hire a lawyer. The problems is that you don't have the training and experience to know what the discovery is revealing and whether it warrants pre-trial motions, etc. I would start searching for a lawyer fast because otherwise you are not going to get a good result. Look for a lawyer that primarily practices criminal defense and is familiar with your particular court.

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Answered on 5/10/15, 1:42 pm


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