Legal Toolkit Michigan Criminal Law

What to Know: WHAT TO KNOW ABOUT CRIMINAL DEFENSE ATTORNEYS
• If you or someone you know have been charged with committing a crime, quick contact with an experienced criminal defense attorney is extremely important. A criminal defense attorney can assist in many different ways: (1) if necessary, arrange a situation for you to turn yourself in to police; (2) conduct a thorough analysis of the legal situation and offer advice on what the options may be; (3) advocate and observe that your constitutional rights are followed; (4) conduct a thorough examination of all evidence and interview potential witnesses; (5)provide representation for a trial; and (6) in the event of a conviction, either by plea or trial, possibly negotiate a lower sentence.

KEY INFORMATION TO KNOW
• If you have been arrested, state that you wish to remain silent and politely, but firmly, request to speak to an attorney.

• If you have not yet been arrested, but are being investigated or may soon be charged with a crime, a written summary of your situation for the attorney may be helpful. Indicate the names and contact information of any possible witnesses and the circumstances surrounding your legal issue.

What to Expect: WHAT TO EXPECT FROM A CRIMINAL DEFENSE ATTORNEY REGARDING FEES
• Criminal Defense Attorneys offer different types of payment options:
o (1) Retainer Agreements: an upfront payment from the client which is held in escrow and accessed/billed against as the attorney spends time working on the case. These amounts are based upon an hourly rate for services.
o (2) Fixed-fee: an upfront fixed fee for all services to be rendered during the course of representation.
o (3) Combination of (1) and (2)

• Attorneys charge for expenses incurred on behalf of clients. These expenses include and are not limited to: copying charges, long-distance phone charges, postage, faxes, court filing fees, the cost of court reporters, expert witness fees, medical report fees, and other expenses associated with handling your case.

• It is advisable to ask your attorney to put the fee arrangement in writing. This will help you and your attorney clarify what you will be charged for, when you are expected to pay your invoices, and what you should do if you have a concern about fees.

• Some attorneys accept payment plans or credit card payments for legal services. Inquire as to your specific situation.

What to Do: WHAT TO DO WHEN ACCUSED OF A CRIME
• NEVER speak to the police without the representation and advice of an attorney. Even seemingly innocent conversations with police can be used AGAINST you later. Politely decline to answer any questions until you can speak to an attorney.

• If you are being investigated for a role in a crime or believe you may soon be charged with a crime, contact an attorney. Metro Detroit Find A Lawyer lists many qualified criminal defense attorneys who can help you navigate the legal issues. Or call the MCBA’s Lawyer Referral Service to speak with referral specialist.

• MOST IMPORTANTLY be honest with your attorney about your situation and any actions you may have taken. Your attorney cannot help you effectively if he or she doesn’t have all the facts of the case from you!

Where to Read More: Michigan Courts
http://courts.mi.gov

Michigan Legislature
http://www.legislature.mi.gov

MI Secretary of State
www.michigan.gov / sos

www.municode.com
https://www.municode.com/library/mi
(has all the cities ordinances on-line)

FBI's Freedom of Information Privacy Act Site
http://www.fbi.gov/foia/

U.S. Supreme Court
http://www.supremecourt.gov/

State Appellate Defender Office
http://www.sado.org/

American Civil Liberties Union
www.aclu.org

What to Bring: It is always helpful to the attorney if you can bring any and all paperwork that you have in your possession. This may include letters from any court or court connected offices.

What to Ask: WHAT TO ASK YOUR CRIMINAL DEFENSE ATTORNEY
• What is the potential punishment for the crime?
• How does the court process work?
• How much of your practice is focused on helping clients with similar legal issues?
• What are the collateral consequences of a conviction and how will it affect my future (i.e. employment, auto insurance, credit rating)?