Legal Question in Criminal Law in Michigan

I GOT ARRESTED FOR LARCENY ON MY LANDLORDS BUILDING.HE SAID I STOLE HIS APPLIANCES. I HAVE MY OWN APPLIANCE I DON'T NEED HIS. I ALSO HAVE ALL MY RECIEPTS FOR MY APPLIANCES. WE WENT TO COURT AND I HAVE A COURT APPOINTED ATTORNEY. SHE IS NOT WILLING TO HEAR MY SIDE OF THE STORY OR EVEN SEE MY PAPERWORK. SHE MADE ME TAKE A PLEA OF NO CONTEST BEFORE THE JUDGE. I DID NOT WANT TO TAKE IT. SHE TOLD ME IT WAS EITHER 6 MONTHS IN JAIL OR TAKE NO CONTEST. I HAVE EVERY RIGHT TO PLEA NO GUILTY. HOW DO I GET A NEW ATTORNEY AND RETRACT MY PLEA. MY SENTENCING IS FOR APRIL 9th 2012? I NEED THIS DONE BEFORE THEN. HOW DO I GO ABOUT DOING THIS.

I WANT MY SIDE TO BE HEARD PLUS MY WITNESSES.

TO ADD TO THE MATTER THE HOUSE WAS CONDEMDED AND WE GOT MOVED OUT BY THE HEALTH DEPT. IS THERE ANY ACTIONS THAT CAN BE TAKEN AGAINST HIM?

THE SAID ITEMS OF VALUE WERE $450. WHY IS THIS A FELONY?

I HAVE THE POLICE REPORT AND THE PAPERWORK FROM THE HEALTH DEPT REGARDING THE HOUSE GOING BACK TO 2003.


Asked on 12/05/11, 8:48 am

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

If you were charged with "Larceny in a Building", that is a felony regardless of the value of the items stolen. there are other larceny crimes that factor in the property values, but not the one you are charged under. It's one of those situations where the prosecutor has several possible charges to choose among. As for your attorney problems, you can request a new court-appointed lawyer if there's been a breakdown in your relationship (which is kind of sounds like has happened). You do not have to plead guilty -- it is your choice to plead or go to trial. If you want a trial, demand one. Your witnesses can be subpoenaed by your lawyer (compelled to appear in court to testify). So if you want a new attorney, talk to your attorney about setting up a court hearing for you to address your issue with the judge, in court, on the record. Do it soon, too.

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Answered on 12/05/11, 9:02 am


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