What is Bond?
In the context of criminal justice, bond is a sum of money that is paid to the court to secure the release of a defendant from jail pending trial. The defendant is required to appear in court for all scheduled hearings and to comply with all conditions of their release, such as not contacting witnesses or leaving the jurisdiction. If the defendant fails to appear in court or violates any of the conditions of their release, the bond is forfeited to the court.
There are two types of bonds: personal recognizance bonds and surety bonds.
- Personal recognizance bonds are bonds that are secured by the defendant's promise to appear in court. The defendant is not required to post any money, but they are required to sign a document promising to appear in court. If the defendant fails to appear in court, they may be arrested and held in jail.
- Surety bonds are bonds that are secured by a bail bondsman. The bail bondsman posts the bond money with the court and is responsible for ensuring that the defendant appears in court. If the defendant fails to appear in court, the bail bondsman is responsible for paying the bond money to the court.
The amount of bond that is required is set by the court and is based on a number of factors, such as the severity of the charges, the defendant's criminal history, and the defendant's ties to the community.
Bond is an important part of the criminal justice system. It allows defendants to be released from jail pending trial, which can help to ensure that they have a fair trial and that they are not punished before they have been convicted of a crime.
What is an arraignment?
An arraignment in Michigan is a court proceeding where the defendant in a criminal case is formally charged with a crime and enters a plea of guilty, not guilty, or stand mute to the charges The arraignment is typically the first time that the defendant will appear in court after being arrested.
At the arraignment, the defendant will be informed of the charges against them, the possible penalties for those charges, and their rights. The defendant will also be asked to enter a plea of guilty, not guilty, or stand mute to the charges, where the court will enter a not guilty plea on their behalf.
A plea of guilty means that the defendant admits to the charges against them. A plea of not guilty means that the defendant denies the charges against them and intends to fight the charges in court. A plea of no contest means that the defendant does not admit to the charges against them, but they are not contesting the charges either. Standing mute is a manner of pleading to protect your rights, and allows the court to proceed by entering a not guilty plea on your behalf.
If the defendant pleads not guilty or stands mute, the judge will set a date for a pretrial hearing.
The arraignment is an important step in the criminal justice process. It is the first time that the defendant will be formally charged with a crime and it is the first time that the defendant will have the opportunity to enter a plea. The arraignment is also the first time that the defendant will be able to learn about the charges against them, the possible penalties for those charges, and their rights.
Here are some of the rights that a defendant has at arraignment:
- The right to be represented by an attorney.
- The right to remain silent.
- The right to a speedy trial.
- The right to a jury trial.
- The right to confront the witnesses against them.
- The right to present evidence in their own defense.
- The right to appeal a conviction.
If you have been arrested and charged with a crime, it is important to speak with an attorney as soon as possible. An attorney can help you understand your rights and options and can represent you at your arraignment and throughout the criminal justice process.
Specifically, in Michigan, arraignments are typically held within 14 days of an arrest. The arraignment is held in front of a district court judge, or in some counties, by an appointed magistrate. At the arraignment, the judge will read the charges against the defendant and ask the defendant to enter a plea. The defendant can plead guilty, not guilty, or stand mute.
In misdemeanor cases, the judge will set the matter for a pretrial hearing. If it is a felony matter, the court will, within 7 days of the arraignment, set the case for a Probable Cause Conference and within 14 days a preliminary exam, for a contested hearing.
It is important to note that the arraignment is just the first step in the criminal justice process. The defendant will have the opportunity to challenge the charges against them at the preliminary examination and at trial.
What is Probation?
Probation is a type of sentence that allows a person who has been convicted of a crime to serve their sentence in the community, rather than in prison. Probation is typically granted for less serious crimes, and it is often used as an alternative to incarceration for first-time offenders.
When someone is placed on probation, they are typically required to follow certain conditions, such as:
- Reporting to a probation officer regularly
- Not committing any new crimes
- Completing community service
- Attending counseling or treatment
- Paying restitution to the victim
If the person violates the terms of their probation, they may be sent to prison. Probation can last for a few months or several years, depending on the severity of the crime and the person's compliance with the terms of their probation.
There are a number of benefits to probation. It allows people to stay in the community and continue working, going to school, and taking care of their families. It can also help people to address the underlying issues that led to their criminal behavior, such as substance abuse or mental health problems.
However, there are also some challenges associated with probation. It can be difficult for people to comply with the strict conditions of probation, and they may feel like they are under constant surveillance. Probation can also be expensive, as people may have to pay for their own probation officer, counseling, and treatment.
Overall, probation is a useful tool for the criminal justice system. It can help to reduce recidivism rates and save money on incarceration costs. However, it is important to note that probation is not a perfect solution, and it can be challenging for some people to comply with its terms.
Here are some of the pros and cons of probation:
Pros:
- Allows people to stay in the community and continue working, going to school, and taking care of their families
- Can help people to address the underlying issues that led to their criminal behavior
- Can reduce recidivism rates
- Can save money on incarceration costs
Cons:
- Can be difficult for people to comply with the strict conditions of probation
- Can feel like people are under constant surveillance
- Can be expensive
- Not always effective in preventing people from reoffending
If you are considering probation, it is important to weigh the pros and cons carefully. You should also talk to your lawyer about whether probation is the right option for you.
What is the jury selection process?
Jury selection, also known as voir dire, is the process by which a judge and attorneys select jurors for a trial. The goal of jury selection is to select jurors who are impartial and who will be able to listen to the evidence and render a fair verdict.
The jury selection process begins with the court sending out summonses to potential jurors. These summonses are typically sent to a random sample of registered voters and driver's license holders in the jurisdiction where the trial will take place.
Once potential jurors have been summoned, they are required to appear in court for voir dire. During voir dire, the judge and attorneys will question the potential jurors to determine their suitability to serve on the jury. The attorneys will ask questions about the potential jurors' backgrounds, experiences, and opinions on the issues that will be raised at trial.
The judge and attorneys have the right to challenge potential jurors for cause. A challenge for cause is a challenge that is based on a reason that is specific to the individual juror. For example, a judge or attorney may challenge a potential juror for cause if the juror has a personal relationship with one of the parties involved in the case, if the juror has already formed an opinion about the case, or if the juror is unable to serve for a legitimate reason, such as a medical condition.
In addition to challenges for cause, the attorneys also have a limited number of peremptory challenges. Peremptory challenges are challenges that do not have to be based on any specific reason. The attorneys can use their peremptory challenges to remove potential jurors from the jury for any reason, as long as the reason is not discriminatory.
The process of jury selection can be lengthy and complex. However, it is an important part of the criminal justice system. A fair and impartial jury is essential to ensuring that justice is served.
Here are some of the factors that the judge and attorneys may consider when questioning potential jurors:
- The potential juror's knowledge of the case.
- The potential juror's ability to be impartial.
- The potential juror's biases or prejudices.
- The potential juror's ability to understand the law.
- The potential juror's ability to follow the instructions of the judge.
The judge and attorneys will also consider the demographics of the jury pool when making their selections. They want to ensure that the jury is representative of the community in which the trial is taking place.
Jury selection is an important part of the criminal justice system. It is a way to ensure that the accused has a fair trial and that the jury is impartial.
Why are my court dates constantly changing?
Covid has made it difficult for the courts and parties to be accurately scheduled. We are finding that there is a backlog of files. By using zoom, the courts are frequently rescheduling to accommodate multiple people in the virtual courtroom. At the same time, we also find it is difficult to change a date. If you need to change a date, we need at least two weeks notice. Understand, sometimes the court will allow a change of time/date; other times, the court won’t allow us to change the date. We are at the mercy of the court system.
What do I do if someone is attempting service (serving you legal paperwork) after you've retained McCririe Law's office?
Tell the person serving the papers that you have an attorney, and you’d like your attorney to be served.
Preferably, explain this through the door (if the documents touch you, you are considered served). If we are served, we have all the paperwork necessary and can best address the legal issues at hand, as well as, and we can meet the court’s deadlines for responding to the served paperwork.
We have seen process servers throw paperwork through a cracked window of a car. Anyone can serve papers if they are over the age of 18 and not a party to the divorce. It is important that the papers aren’t touched.
Don’t let the paperwork touch you. Don’t open the door. You can text your ex that you have an attorney.
What should I do if I have a question for my lawyer?
McCririe law is set up to send and receive text messages to our main phone number, 810-229-6167, which the attorneys and staff can see in real-time. If it’s an emergency, we will reach out immediately. Otherwise, present the question through texting, and we will reach out accordingly.
We understand that there are times you want a face-to-face meeting with your attorney. In that case, please call the office and indicate why you’d like an appointment and what you’d like to address. Please know, even though a large portion of the court is virtual, our attorneys need a scheduled meeting to be seen. Both attorneys, Bill McCririe and Ashley Chalut, are available to answer questions.
How can I pay for McCririe Law's legal services?
In some cases, we will take payment plans toward your retainer based on the circumstances. Additionally, we are happy to work with you on making payments towards any costs incurred after the retainer is paid in full.
We accept cash, checks, and credit cards. You can make credit card payments to McCririe Law on our website through the
LAW PAY PORTAL (Client Credit) tab. Once you click on the tab, enter your payment information on the secure LawPay page.
ClientCredit is a legal fee financing solution that allows law firms to offer their clients the option to pay for legal services in installments. ClientCredit is a product of LawPay, a leading payment processing company for the legal industry.
How it works:
- When a client signs a retainer agreement with a law firm, they are given the option to finance their legal fees through ClientCredit.
- The client applies for ClientCredit and is approved or denied within seconds.
- If approved, the client receives a loan from ClientCredit to pay for their legal fees.
- The client makes monthly payments to ClientCredit until the loan is repaid in full.
ClientCredit offers a number of benefits to law firms and their clients, including:
- Increased access to legal services: ClientCredit makes it easier for clients to afford legal services, even if they don't have the cash on hand.
- Improved cash flow: Law firms can get paid upfront for their legal services, even if the client doesn't pay the loan back immediately.
- Reduced risk: Law firms are not responsible for any collection or late payment fees.
ClientCredit is a valuable tool for law firms that want to make legal services more accessible to their clients.
Here are some of the pros and cons of ClientCredit:
Pros:
- Provides access to legal services for people who may not be able to afford them otherwise.
- Can help law firms improve their cash flow
- Reduces the risk of non-payment for law firms
Cons:
- Can be expensive for clients
- May not be available to everyone
- Can have late payment fees
If you are considering using ClientCredit, it is important to weigh the pros and cons carefully. You should also talk to your lawyer about whether ClientCredit is the right option for you.
