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A Lapeer, Michigan, Criminal Defense Trial Lawyer With Over 20 Years Of Experience

Q: What Should I Do Immediately After Being Arrested In Michigan?

If you are arrested in Michigan, you should stay calm and not resist, remain silent, avoid discussing your case with anyone other than your lawyer, ask to speak with a lawyer immediately, provide your identification, remember the details of the arrest, and not sign any documents without consulting a lawyer. The priority is to protect your rights and obtain legal advice as soon as possible.

Q: What Is The Difference Between A Felony And A Misdemeanor In Michigan?

In Michigan, misdemeanors are generally less serious offenses punishable by up to one year in jail, while felonies are more serious crimes punishable by more than two years in prison. Michigan also recognizes high court misdemeanors, which may carry up to two years in prison and are treated similarly to felonies for court purposes.

Q: Can A Criminal Charge Be Dismissed Or Reduced Before Trial?

Yes, a criminal charge can be dismissed or reduced before trial through plea bargaining, defense motions to dismiss, lack of probable cause at preliminary examination, participation in diversion programs, or prosecutorial discretion when evidence is insufficient.

Q: How Does The Michigan Criminal Court Process Work From Arrest To Sentencing?

The process typically includes arrest and charges, an initial arraignment in District Court, a probable cause conference, a preliminary examination, a Circuit Court arraignment, and then trial and sentencing if no plea agreement is reached.

Q: Will A Criminal Conviction Stay On My Record Permanently In Michigan?

A criminal conviction generally remains on your record permanently in Michigan, although recent expungement laws may allow certain convictions to be removed depending on eligibility.

Q: What Are The Potential Penalties For A First-Time Criminal Offense In Michigan?

Penalties vary based on the offense. Misdemeanors may result in fines, probation, community service, or up to one year in jail, while felonies can lead to longer prison sentences, significant fines, and additional consequences such as license suspension and employment limitations.

Whether you have been accused of a misdemeanor or felony, the outcome of your case can profoundly affect your life. You may be facing incarceration, fines, probation, driver’s license suspension, and other sanctions. An experienced defense lawyer can seek to avoid or minimize these penalties. But you can’t hire just any attorney. You need someone who will go the distance for you and dedicate the effort required to fight your charge.

I am Bernard Jocuns, a Michigan criminal defense lawyer in Lapeer. For over 20 years I have focused my practice on providing criminal defense services in Michigan. I recognize what’s at stake in a criminal case and the lasting impacts of a criminal conviction. Therefore, I thoroughly prepare for every case with the mindset of defeating the charges or mitigating those consequences. I have devoted a significant amount of time to developing and strengthening my skills and pursuing training opportunities that benefit my clients.

Fighting All Types Of Criminal Allegations

I have a never-give-up attitude and I am invigorated by a challenge. Although your case might appear complex, I examine it from every angle, analyzing the facts to determine the arguments to raise to challenge the prosecutor’s evidence. You can rest assured that your criminal matter – no matter what the allegations – is in good hands. My Michigan criminal law practice covers the full spectrum of offenses, including:

Drunk driving arrests – OWI, “super drunk” charges, breath test refusal
Drug offenses – Drug possession, possession with intent, drug trafficking
Sex crimes – Sexual assault, internet sex crimes, sexual contact with minors
Homicide charges – Murder, manslaughter and vehicular homicide
Assault charges – Domestic assault, aggravated assault
Abuse/neglect – Child abuse charges and Child Protective Services removal
Other felony crimes – Robbery, burglary, embezzlement, fraud

I have tried cases in state and federal courts throughout Michigan, including many cases in Lapeer County, Genesee County and surrounding jurisdictions. No case is too big or too small. At Jocuns Law Firm, I treat every case with the seriousness it deserves, and I believe every person is entitled the presumption of innocence and a robust defense.

A True Litigator On Your Side

My job as a Michigan criminal defense attorney is to investigate the circumstances of the charge, interview witnesses, and either defend my client in court or negotiate a fair resolution with the prosecuting attorney.

While many cases are ultimately resolved through a plea arrangement, I am not a plea attorney who is looking to “make a deal” and move on to the next case. I am a trial lawyer. That means that I regularly litigate cases and exhaust all defenses before considering plea deals. It means that when your freedom and your future hang in the balance, I am ready and able to argue your case in court and have a judge or jury decide the outcome. The decision whether to go to trial is made after a thorough review of all the details of your arrest, charges and evidence against you to find any flaws or mistakes in law enforcement’s procedures or the prosecution’s case.

What To Expect When You Are Suspected Of A Crime

After the prosecutor reviews the police report, they will determine whether to file charges. If they decide to proceed with the case, you will be scheduled for an arraignment. This is your first court appearance, where a judge will inform you of your rights and the charges. They may also set bond and the conditions of pretrial release.

Depending on whether you’ve been accused of a felony or misdemeanor, you might be asked to enter a plea at the initial arraignment or wait until a Circuit Court arraignment. The case may then go to trial, where the prosecutor presents evidence in an attempt to prove guilt beyond a reasonable doubt.

If you are convicted of or plead guilty to the charges, you will be sentenced. The judge will determine what penalties to impose, such as incarceration, fines, probation or community service. If you believe an error occurred in your case, you may be able to appeal the judgment or sentence.

What Should I Do Immediately After Being Arrested In Michigan?

If you are arrested in Michigan, you must follow these steps immediately to protect your rights:

Stay calm and don’t resist: Do not physically resist arrest. Doing so may result in additional charges.
Remain silent: You have the right to remain silent. Do not answer questions about the incident or your guilt. Do not discuss your case with anyone.
Do not talk to the police or anyone other than your lawyer about the details of your case.
Ask to speak with a lawyer immediately: This is your most important right. Do not answer any questions or sign any documents without first consulting a lawyer.
Provide your identification: Generally, you are required to present your name and identification. However, you do not have to provide any further personal information or answer incriminating questions.
Remember the details: Try to recall the time, the location, the names of the officers (if possible), and anything that was said or done during the arrest. This can be helpful for your lawyer.
Do not sign anything: Do not sign any document (such as a declaration or waiver of your rights) without first consulting with your lawyer.

Remember, the priority is to protect your rights and obtain legal advice as soon as possible.

What Is The Difference Between A Felony And A Misdemeanor In Michigan?

In Michigan, the difference between a felony and a misdemeanor usually depends on the maximum possible penalty. However, Michigan uses a distinct “hybrid” category that complicates the usual two-part classification:

Standard Misdemeanors: These are less serious offenses, generally punishable by up to 90 days, 93 days, or 1 year in a county jail. These matters are handled entirely in the District Court. One example is standard Indecent Exposure under MCL 750.335a(2)(a).
High Court Misdemeanors: Michigan law identifies certain offenses labeled “misdemeanors” that carry a maximum sentence of up to 2 years in state prison. Because the potential term exceeds one year, the Michigan Code of Criminal Procedure treats them like felonies for court jurisdiction. As a result, although they are called misdemeanors, they are prosecuted in Circuit Court.
Felonies: These are more serious crimes with potential penalties above two years, ranging from more than two years up to life imprisonment. They are also prosecuted in Circuit Court after a preliminary examination in District Court or a waiver of that proceeding.

Can A Criminal Charge Be Dismissed Or Reduced Before Trial?

Yes, it is possible. A criminal charge can be dismissed or reduced before trial in Michigan through plea bargaining with the prosecutor, motions to dismiss filed by the defense attorney (for example, for lack of evidence or rights violations), during the preliminary examination for felonies if there is no probable cause, or through participation in diversion programs. Additionally, the prosecutor may choose to dismiss the case if the evidence is insufficient.

How Does The Michigan Criminal Court Process Work From Arrest To Sentencing?

Michigan’s criminal justice process is a structured sequence designed to vet the prosecution’s evidence before a case reaches trial.

Arrest & Charges: The process begins when police take an individual into custody.
Initial Arraignment (District Court): This is the first court appearance for both felonies and misdemeanors. The judge reads the charges, explains the defendant’s rights, and addresses bond/bail.
Probable Cause Conference (PCC): In felony and high court misdemeanor cases, a PCC must be held in District Court 7 to 14 days after the arraignment.
Preliminary Examination: If the case is not resolved at the PCC, a “pre-exam” is held. If the judge finds sufficient evidence, the case is “bound over” to Circuit Court.
Circuit Court Arraignment: Once bound over, a second arraignment occurs in the Circuit Court. This begins the final pretrial phase, where legal motions (such as motions to suppress evidence) are filed.
Trial & Sentencing: If no plea agreement is reached, the case proceeds to a bench or jury trial. If a “guilty” verdict is returned, the judge schedules a sentencing hearing to determine the penalty under the Michigan Sentencing Guidelines.

Will A Criminal Conviction Stay On My Record Permanently In Michigan?

In Michigan, a criminal conviction generally remains on your record permanently. However, recent “Clean Slate” laws have significantly expanded expungement opportunities, allowing for the removal of more misdemeanor and felony convictions. It is crucial to consult with an attorney to evaluate your case and determine if your convictions may be eligible for expungement.

What Are The Potential Penalties For A First-Time Criminal Offense In Michigan?

Penalties for a first-time criminal offense in Michigan can vary widely based on whether the charge is a misdemeanor or a felony. A misdemeanor may lead to fines, probation, community service, and up to one year in county jail, while a felony can involve significant fines, longer probation, and time in state prison ranging from several years to life. In addition to these direct penalties, even a first conviction can trigger other consequences such as license suspension, trouble finding work or housing, and limits on certain civil rights, depending on the type of offense and the facts of the case.

There Is No Substitute For An Experienced Michigan Criminal Defense Lawyer

The Michigan criminal justice process is complex. Trying to navigate it on your own can be frustrating. A good defense attorney will provide counsel at all stages of your case. I can advise you on what to say or do during the investigation process and explain the different paths your case could take. I can present compelling arguments to challenge the prosecutor’s version of events at trial. If you have been accused of a crime in Genesee County, I can help you fight the charges and protect your rights.

Contact Jocuns Law Firm Today

At Jocuns Law Firm, I represent the accused in Lapeer County, Genesee County and throughout Michigan. To discuss your charges and how my staff and I can make a difference, call me at 810-498-2772 to schedule a free consultation, or use the online form to tell me a few details.