Legal Question in Criminal Law in Michigan

Speedy Trial

What happens if someone does NOT get their preliminary exam within 14 days of arraignment? My son was told his pre trial conference was cancelled, but it wasn't. I was there. The prosecuting attorney called his name and simply said it was ''held over'' to a date that he mentioned. My son said he has not spoken with or seen his court appointed attorney. Shouldn't he have spoken with him prior to the preliminary exam? His is charged with ome invasion and larceny of a firearm.


Asked on 7/23/07, 11:27 pm

2 Answers from Attorneys

Re: Speedy Trial

We get frequent complaints about court appointed attorneys. Remember the old saying "you get what you pay for." Your son does not have to settle for a court appointed lawyer. He has the right to hire his own attorney. For more information, go to:

www.AggressiveCriminalDefense.com

Our firm has had a great deal of success with charges such as your son's charges. Our defense team can be reached at 1 8667665245.

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Answered on 7/24/07, 8:17 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Speedy Trial

Your son should talk to his attorney immediately to find out what the reason was for the adjourment, and if the attorney agreed to the adjournment. Only the defendant can waive (give up) the 14-day rule, not the attorney for the defendant.

If a defendant does not have a preliminary examination w/in 14 days of the arraignment (and has not agreed to any adjournments and/or waived the 14 day rule), the charge can be dismissed. But, it is dismissed "without prejudice", meaning that it can be reissued, and your son would be re-arrested, re-booked, re-fingerprinted, etc. So, have you gained much by a dismissal like this?

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Answered on 7/24/07, 8:32 am


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