An arraignment is a court proceeding where a criminal defendant is formally advised of charges. The judge then asks the defendant, “how do you plead?” and the defendant answers either “not guilty” or “guilty.”
People often mistakenly believe an arraignment is part of a criminal trial. However, it is many steps removed from the trial.
Almost all car accidents are traumatic for those involved. If you live in a northern state like Michigan, you probably have experienced a car accident due to snow and ice in the winter.
High speeds and sudden shifts in temperature can bring disastrous results even if no one is under the influence of drugs or alcohol.
If you are involved in one of these types of accidents, your life can change suddenly and dramatically. Your life will be altered especially if you are technically “at fault” for the crash. This is regardless even if circumstances were beyond your control.
However, what if the accident caused someone else’s death? And what if you were at fault?
Do you have to take a field sobriety test if you are stopped for a suspected DUI in Michigan? What should you do?
In a previous post, I covered what you should do if you get pulled over for a suspected DUI. My advice isn’t to take the place of legal advice given to you by your attorney. You should absolutely contact a competent attorney immediately in this event.
Many people are too anxious and inexperienced with the criminal justice system to act appropriately when they get pulled over. However, there are simple steps you can take to help yourself when you get pulled over.
This post will cover all the tests you may be asked to take, and which ones you can safely refuse, as this can be confusing.
Do you know what to do if you get pulled over for a DUI in Michigan?
One of the most common reasons ordinary people become involved with the criminal justice system is for drinking and driving.
In Michigan, there are two main charges dealing with driving under the influence of drugs or alcohol:
In a previous article, I wrote about six of the most common criminal law myths that the general public believes. These misconceptions occur because of inaccurate television portrayals of criminal justice procedures. Or, people simply have too much faith in the criminal justice system.
However, there are many more myths. In this post, I will enlighten you about six more of common criminal law myths exposed.
When it comes to criminal law, the general population of this country is sorely confused.
The aspects of the criminal justice system that are portrayed on television are often very narrow, overly dramatized, and inaccurate.
However, because this genre of entertainment has been so popular for so long, people tend to think of themselves as more knowledgeable than they are. Myths about criminal law abound.
Most people are aware of the primary possible outcomes of going to trial. Either you will be acquitted – that means a jury finds you not guilty of the charge or charges against you. Or you will be found guilty and sentenced to some penalty.
However, what happens when jurors can’t agree on one or more of the counts against you?
As rare as it is for a defense team to use an insanity defense for their client, it’s even rarer for a defendant to be found incompetent to stand trial.
However, does happen. When it happens, it’s a very different proceeding from using an insanity defense.
Jason Dalton considered using the insanity defense.
Dalton is the Uber driver accused of killing six people in a shooting spree in West Michigan in 2016. He surprised his defense attorney Eusebio Solis by pleading guilty to all counts of first-degree murder contrary to Solis’s advice.
Is a post-conviction appeal possible? Can a defendant challenge a conviction after they have received a guilty verdict?