Legal Question in Criminal Law in Michigan

Motion to quash

A son who was being charged with larceny by conversion hired an attorney, attorney not even meeting with my son prior to the prelim hearing. Of course, the judge sent case to circuit court. Then this attorney did ''motion to quash.'' Question: We now have a new attorney who has necessary information,which definitely shows my son is NOT guilty, however, due to the motion to quash,have been told we cannot request another preliminary hearing, although it is vitally important and know the case would be thrown out of court if allowed to have another preliminary. Son scheduled to take a plea bargain on April 2, 2003, so we need help ASAP. Thank you,


Asked on 3/28/03, 8:32 pm

2 Answers from Attorneys
Don Darnell Darnell & Lulgjuraj, P.C.

Re: Motion to quash

It's hard to understand why this is a problem. While a prelim is a defendant's first chance to show that the prosecutor does not have a case, it is by far not the last. If the evidence is what you say it is then take it the prosecutor and have conversation with him/her. If all else fails, have a trial! I fial to see why an innocent person would take a guilty plea.

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Answered on 3/31/03, 9:59 am
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Motion to quash

If there is evidence that your son is not guilty, why is your son's attorney having him enter a guilty plea? Why would he be entering a plea if the motion to quash is still pending? Your son is not entitled to another preliminary examination. If his attorney is successful with the motion to quash, the case should be dismissed. If the evidence that the new attorney has is so overwhelming as to prove innocence he/she should present it to the prosecutor and have the prosecutor dismiss the case. If your son is innocent and the evidence is convincing, why not go to trial and have a jury find him not guilty? Good luck.

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Answered on 3/29/03, 11:13 pm


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