Michigan Felonious Assault Defense Involves Appearing at Many Court Hearings.
But What Happens at Each One?
Facing a Michigan Felonious Assault charge can be a life-changing experience.
The possible penalty for a
Michigan Felonious Assault
include up to 4 years in Prison (although your actual sentence will be
determined by your Sentencing Guidelines -
click here for an article about Felonious Assault Sentencing). You and your
Michigan Felonious Assault Defense Lawyer
need to make the most of each Court appearance by accomplishing a set of
Michigan Felonious Assault
Defense objectives. What are they? Read on to find out...
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Michigan Felonious Assault Arraignment: You've probably already been arraigned by video or in-person.
Judge informs you of the charge and the maximum 4 year penalty. Felonious
Assault Defense Objective: file and serve Appearance and Demand for Discovery,
waive a formal reading of Complaint, and argue, per the factors in Michigan
Court Rule 6.106, for a low Bond so you don't have to fight your case
from a Jail cell.
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Michigan Felonious Assault Pre-Exam Conference: Meeting between your Michigan Felonious Assault Defense
Attorney and the District Court Prosecutor to discuss the status of your
case and whether a plea deal will be reached in the early stages. Felonious
Assault Defense Objective: receive preliminary discovery, including Police
Report and Witness Statements. Request a copy of all audio, video, and
other evidence. Get a sense of how the Prosecutor feels about you, your
accuser, and your case. Find out if there is a Special Prosecutor assigned
to your case. Ask for a reduction/modification to your Bond amount or
conditions.
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Michigan Felonious Assault Preliminary Exam: a "mini-trial" where your accuser and (perhaps)
the investigating/arresting Police Officer take the witness stand and
give testimony under oath. Felonious Assault Defense Objective: cross-examine
the accuser, get a feel for how they would testify at Trial, establish
inconsistencies in their claims, cross-examine the Officer(s) and establish
frailties in their investigation and decision to arrest, etc. Argue to
have the case dismissed. Produce a transcript that can be used later.
This is the ONLY opportunity to challenge the State's case against
you before Trial.
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Michigan Felonious Assault Arraignment on the Information (also called the "AOI" or "Circuit
Court Arraignment): yet another Arraignment after the Preliminary Exam,
but this time in the Circuit Court rather than District Court. Felonious
Assault Defense Objective: this is a perfunctory hearing. Attempt to waive
this hearing in writing to avoid having to come to Court. If not permitted,
appear, find out who Circuit Court Prosecutor is, receive additional discovery,
discuss you Sentencing Guidelines. Set future dates in the case. Enter
into a plea deal if one is offered, and its terms are acceptable to you.
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Michigan Felonious Assault Pretrial Conference (various names, for example "Docket Conference,"
"Calendar Conference,"Special Pretrial"): this is an opportunity
to resolve the case by way of a plea to a reduced charge or a sentence
that leaves you certain about the outcome, if that is what you wish to
do. These hearings get "adjourned" several times in most cases.
This is the phase where your case will spend the most time. Felonious
Assault Defense Objective: negotiate and reach a plea deal if that is
what you wish to do after advice from your Michigan Felonious Assault
Defense Lawyer. Enter the plea before the Judge if a deal is reached.
If not, report this fact to the Judge and set a Trial date.
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Michigan Felonious Assault Motion Hearing: a hearing held because your Michigan Felonious Assault
Attorney has filed a written request and legal brief asking the Court
to make a certain ruling about your case (a "Motion"). For example,
an argument before the Judge asking to have damaging evidence against
you excluded from the Jury's presence at Trial. Felonious Assault
Defense Objective: win and have damaging evidence excluded from being
used against you at Trial. Argue stronger than the Prosecutor, who will
wish to have the evidence allowed. Show the Prosecutor you're serious
about fighting the Michigan Felonious Assault charge and chip away at
their case to increase the likelihood of an excellent plea deal or a dismissal.
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Michigan Felonious Assault Evidentiary Hearing: a hearing on a Motion (just like above) except in
this type, the testimony of one or more witnesses is necessary for the
Judge to decide the Motion, pursuant to law (for example, a "Walker
hearing" where your Michigan Felonious Assault Defense Lawyer has
filed a Motion to dismiss your incriminating statement or confession.
Felonious Assault Defense Objective: execute a detailed and well-prepared
cross-examination of the necessary witnesses to establish facts that support
the legal grounds to achieve the ruling you want (i.e. a statement you
made to Police under duress is not allowed to come into evidence at Trial.
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Michigan Felonious Assault Trial: you know what this is. Jury Selection ("Voir Dire"),
Opening Statements, Cross-Examination of the State's Witnesses, Direct
Examination of your Witnesses [including Character Witnesses - yes, you
CAN use them under Michigan Rule of Evidence 404(a)(1)], Closing Arguments,
Verdict. Felonious Assault Defense Objective: NOT GUILTY!!!
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Michigan Felonious Assault Sentencing (if necessary): if you have taken a plea of Guilty or No Contest,
this is the hearing where the Judge imposes your punishment, or Sentence.
The Sentence goes into effect immediately. Felonious Assault Defense Objective:
Above all else, AVOID this hearing with a verdict of NOT GUILTY!!! Otherwise,
enforce a pre-negotiated Sentence Agreement whereby you will have already
known what the Sentence would be before you gave your plea (i.e. Probation
but NO JAIL).
Still reading? You could be talking to an experienced Michigan Felonious
Assault Lawyer instead! Get real answers to your unique questions by calling
Prain Law, PLLC
anytime at
(248) 731-4543. Or, fill out the
Contact Form.
