Legal Question in Criminal Law in Michigan

I am an 18 year old male and I recently have been charged with Disorderly person and Drug parafamilia. This is my first and only offense. I attended my first court and said I wanted an attorney to the judge. She took it as I was therefore pleading non-guilty to my charges. I now have a second court date with a jury trial. However I would like to pledge guilty to my charges. The criminal department clerk told me I can not change my plead till the second court date. Should i still get an attorney?


Asked on 10/28/10, 6:31 am

2 Answers from Attorneys

You should DEFINITELY hire an experienced criminal attorney to help you with this case. You can read more at:

www.AggressiveCriminalDefense.com

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Answered on 11/02/10, 6:56 am
Daniel Hajji Daniel Hajji & Associates

Your first court appearance was probably an arraignment. Your plea of not guilty was correct. Your second court date is likely a Pretrial. At the Arraignment, a magistrate or Judge will read the charges brought against you and the penalties associated with the charge. You are also asked to enter plea for the charge(s). In most cases, your plea should be "NOT GUILTY" or "STAND MUTE". Additionally, bond is set by the Judge/Magistrate and a PreTrial Hearing date is scheduled (followed by a Notice of Hearing via US Mail or by hand delivery from the Court).

At the Pretrial stage, usually you and your Attorney appear at the Courthouse. During the Pretrial hearing, the Prosecutor or City Attorney discuss the facts of the case and the applicable laws and court procedures with your attorney. They also negotiate possible plea offer or resolution of your matter. If your case is not resolved through plea negotiations, then the case proceeds to trial or is scheduled for motion (or evidentiary hearing). If the case is not resolved, you will have a choice of either (1) jury trial or (2) bench trial. In a bench trial, the Judge has the final say about your guilt or innocence to the charge(s). In a jury trial, 6 ordinary qualified Michigan citizens, called "jurors", decide whether you're guilty or innocent of the charge(s).

Obviously, if you're found not guilty at trial, the case is dismissed and you're free. If you're found guilty, the Court will set the matter for a sentencing hearing and meanwhile referring you to the Probation Department of the Court for a Pre-Sentence Report ("PSI").

If these charges occurred in the Southeast Michigan area, contact Attorney Daniel Hajji at 248.865.4700 or online at www.hajjilaw.com

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Answered on 11/03/10, 5:13 am


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