Legal Question in Criminal Law in Michigan

My son who is 17 has a ticket for speeding and possession of MJ. We are to appear in district court in Clinton county. I have never been in court. Is this an arrainment/trial? Do we need bond money? Would the 74-11 apply in this case and is it automatic or we have to ask for it? This is his first ticket/offense.


Asked on 6/29/10, 9:46 am

2 Answers from Attorneys

Daniel Hajji Daniel Hajji & Associates

There several options available, including YTA. However, you should not be trying to figure out to automatically take a plea rather you to gather evidence to a proper defense thus weakening the prosecutor' case to get a good plea offer. Contact us at 888.4849349 for additional information or visit us at www.oaklandcountydefenselawyer.com

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Answered on 6/29/10, 1:10 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

If your son has not appeared before a judge or magistrate yet to be told "You are charged with ... Do you plead guilty, not guilty, or are you standing mute? ... Do you want a court appointed attorney? ... etc", then this would be an arraignment. Bond $ could be an issue for the marijuana charge, and you might be able to get a ballpark figure by calling the court clerk's office, although each bond decision is individualized. In almost all cases, he should plead not guilty so he can have a pre-trial conference with a prosecutor and plea bargains can be discussed (including resolving the case with MVL 333.7411 status, Holmes Youthful Trainee Act probation, packaging the criminal case with something happening on the speeding ticket, etc.). The speeding ticket is a civil infraction, and there's a different process involved for which HYTA, "7411", etc. do not apply. Don't ignore the ticket. If he does, the court will enter a default judgment (conviction) against him, which cannot always be easily set aside. Your son can plead responsible and get a fine and points on his record, he can plead responsibile "with explanation" and also get a fine and points on his record, he can ask for an informal hearing (a bench trial with the magistrate where he and the cop and other witnesses can testify but there are no prosecutors or defense attorneys), or he can request a formal hearing (bench trial with the judge where the prosecutor is involved, a defense attorney can be involved, etc.). I'm not giving "advice", but what I would do is plead not guilty on the marijuana charge and hire an attorney or ask for an appointed attorney (if only to review the case facts for any legal issues); and, ask for an informal hearing on the speeding ticket to avoid a default and keep the matter open to possible work both charges out with a plea bargain.

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Answered on 6/29/10, 1:46 pm


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