Legal Question in Criminal Law in Michigan

Re: Advice of Rights

No. The judge handled this properly.

Re: Advice of Rights

You practiced law, made a huge mistake, pled guilty to a crime and now you're asking for legal advice, right?

Does that sound kind of like doing surgery

on yourself and then afterward asking a doctor

if you did it correctly?

For more information, go to:

www.AggressiveCriminalDefense.com

Re: Advice of Rights

No, there is no "mistrial" ... because you were not IN a 'trial'. You were in a plea proceeding.

The judge is required by the court rules to inform you of your plea rights (essentially, that you will be giving up your right to a trial and your right to remain silent and your right to force the prosecutor to prove at trial the charges beyond a reasonable adoubt and your right to subpoena witnesses and your right to an appointed attorney by pleading). This can be done through a form that you sign, or done orally.

It looks like the court normally does this through a form, but when your plea was being handled the paper was not in the file so the judge then orally advised you of your rights. As long as the judge covered all the rights he has to cover, and you said that you understood the rights, etc., there is not a problem with the procedure.

However, if you now have cold feet about having entered a guilty plea (and have not been sentenced yet), you should consult with an attorney ASAP on whether you can/should file a motion to set aside your plea.