Michigan Misdemeanor Records

A misdemeanor case begins when a police officer issues a Law Citation ticket which claims that an individual has violated a state or a local law. The punishment for misdemeanors is a jail sentence for 12 months or less, and some misdemeanors do not carry a jail sentence as punishment. A warrant is not mandatory for this kind of ticket. If the individual is already taken into custody, a warrant for the arrest can still be issued. If you receive a citation or are arrested on a warrant for misdemeanor act, you are considered the defendant.

Traffic and Non-Traffic Misdemeanor Cases

The most common types of misdemeanor cases include assault, vandalism, battery, shoplifting, prostitution, trespassing, unruly conduct, out of control driving and cases of first and second DUI offenses. These types of misdemeanor cases are heard by district courts which are in close proximity to where the activity occurred.

If you violate a misdemeanor law, you may be issued a citation and let go or you may be arrested, in which case you will be taken to the nearest district courthouse or jail. You will be held there until bond is set or an arraignment occurs. The arraignment of misdemeanor cases is held in front of the court magistrate or judge who is in charge for the hearing.

During the arraignment procedure the district court magistrate or judge who presides over the hearing will tell the accused person about the charges and  constitutional rights, and the possible penalties if found guilty of the offense. The court has authority to decide whether the person who is proven guilty of the offense can be released on a bond. If it is okay to release that person on bond, the court will set the amount of the bail and collect the bail. This happens only when no previous bail has been set.

If the offender is unable to afford an attorney, the court can appoint an attorney to represent him/her in the court proceedings. In a misdemeanor case, if the defendant is not in a position to hire an attorney, he has the right to a court appointed attorney if the offense under which he has been held requires a jail sentence. If you are a person who is not willing to appoint a attorney at your own expense, then you might ask the court whether you are eligible for a court appointed counsel.

If a person has been caught by a law enforcement officer for drunk driving, then the accused person might be charged with any one of three misdemeanor offenses. The first of the three charges is operating while intoxicated, the second is operating while visibly handicapped and the third offense is operating with any kind of alcohol concentration in the body. This charge is applicable only to those who are under the age of 21 years. There are also felony offenses which comprise of drunk driving, operating while intoxicated or operating while one is visibly handicapped causing bereavement or serious wound.

If the accused is a local resident of Michigan and taken into custody for drunk driving, the officer in charge will take your driving license and destroy it. You will be provided with a temporary Michigan driving permit until you are proven innocent.

Processing Misdemeanor Cases

Traffic and non traffic citation of misdemeanor cases are filed in court by the enforcement officers who issue citation tickets, and complaints are lodged by the prosecutors.

If the case is serious then a hearing is required, and you may have your own attorney or request a trial by a jury. It is important that you consult an attorney and take helpful advice before the hearing takes place.

Penalties of Misdemeanor in Michigan

If an individual is convicted of a misdemeanor charge then he might be sent to jail. If you are someone who is 17 years or more and convicted of a traffic misdemeanor, you will be liable to pay fine and charges. The Secretary of State has the authority to add points to your driving record and in certain cases you can be subject to jail sentence. The court will order the accused to attend counseling, driver safety courses, or any other program that it thinks suitable and necessary.

The points are supplementary to the driving record by the Secretary of State as directed by the law of the state. Points are added if you are found responsible in traffic misdemeanor cases. The court's power in this case is limited; it cannot add, dismiss or waive points. In many cases the fines are set by the Secretary of State which range from $50 to $1,000. These fines and fees are an addition to the fines that are payable to the courts.

The points that are added on the driving record stays on the record for a period of 2 years from the date of conviction and the offense that a particular driver has done reflects on his record for 7 to 10 years depending on the severity of the offense. The car insurance rates also depend on the convictions and charges.

If the driver receives too many points on his driving record, then the Secretary of State has the right to put the driver on probation or he can revoke their licenses.

If anybody wants to know about the number of points on their driving record then you can call at 517-322-1460.

You can get all the details about Michigan misdemeanor at http://www.courts.michigan.gov or you can visit: Michigan Hall of Justice, 925 West Ottawa, Lansing, Michigan 48915