Legal Question in Criminal Law in Michigan

I live in the dorms of Western Michigan University in Kalamazoo, MI and I was caught with around one gram of marijuana and a pipe in my dorm. I told the officer that I was an occasional user and refused to tell him where I got it from. He told me the marijuana needed to be processed and that I would receive a letter telling me to turn myself into the police station within 4 weeks. I was not arrested. I never received a letter, so about 6 weeks from the date of being caught, I went down to the station and asked if I had a warrant out for my arrest. The woman checked and told me "nothing has been entered, but hat doesn't mean you're off the hook". 3 weeks later, still no letter, and while I was sitting in my dorm lobby, a cop approached me, asked for my name, and immediately arrested me. He told me that the letter had been sent out 2 weeks ago and that I had failed to turn myself in. He took me to the campus police station, got my prints and a mugshot, and then told me that I had 10 minutes to come up with the cash for my bond, or else he was taking me downtown to spend the night in jail. Luckily I had a friend who came and paid my bond. I now have my arraignment in less than 24 hours and I'm really regretting not hiring an attorney. This is my first offense and other than a 5 over speeding ticket, my record is clean. I'm 18 years old and a freshman in college. So i have two questions for you, what will most likely happen to me? And can I postpone my arraignment and get an attorney?


Asked on 4/19/11, 8:21 pm

2 Answers from Attorneys
Daniel Hajji Daniel Hajji & Associates

It's not too late and you have a right to hire an attorney at anytime. At the arraignment, the Judge will likely set bond (will probably continue it) and enter a plea of 'not guilty' and set the matter to pretrial. The Judge will tell you that you can request a court appointed attorney or retain your own attorney at the arraignment. If you hire an attorney prior to the arraignment, your attorney can file what's called a "waiver of arraignment" so you and your lawyer won't have to appear. Note: The court must grant the waiver. Most courts do.

About the law firm of Daniel Hajji & Associates: Our firm was established with the perspective that every client deserves a strong Michigan criminal defense attorney, and that providing this service at reasonable rates is an important matter. We take on each case with a firm resolve to fight for a better outcome for our client, no matter how serious the offense. We spend the necessary time on each case that allows us to find the flaws or errors and exploit them for our client.

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Answered on 4/20/11, 2:43 am
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

No need to postpone arraignment. But at arraignment just plead not guilty and either ask for an appointed attorney or tell the judge you're hiring your own. Case will be set for a conference with the prosecution. Looks like you'd qualify for either MCL 333.7411 status or HYTA, both of which are probation terms where you could walk away with a clean record. Talk to your attorney about those ... and stop using illegal drugs!

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Answered on 4/20/11, 5:33 am


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