Frequently Asked Questions of The Michigan Criminal Defense Attorneys Of Bellanca, Beattie & DeLisle, P.C.
The following information includes frequently asked criminal defense questions. The answers stated are general in nature and are not intended to apply to every criminal defense situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Michigan criminal defense Attorneys of Bellanca, Beattie & DeLisle, P.C., you can receive a personal consultation regarding your specific criminal defense case.
- What happens if I am arrested for breaking a criminal law?
- Can police officers use force to arrest me?
- Will I be fingerprinted or have to be in a line-up?
- What is the role of the judge in a criminal trial?
- What is the role of the jury in a criminal trial?
- What is bail?
- What happens at a bail hearing?
What happens if I am arrested for breaking a criminal law?
If you are arrested for breaking a criminal law, the case is usually taken before a magistrate who may issue a warrant if necessary and set a bond for appearance in court. If the defendant cannot post bond, he or she may be incarcerated pending appearance in court. If bond is posted, he or she will remain free pending appearance at an arraignment. An arraignment usually occurs within 24 hours of the arrest, or the first date available if on a weekend or holiday. The arraignment is held before a judge who formally tells the defendant the offense in which he or she is being charged and informs the defendant of their constitutional rights and of the possible penalties involved. The defendant will enter a plea of guilty or not guilty at this time, the bond or bail may be reviewed, and a date for the next hearing is scheduled.
Can police officers use force to arrest me?
A police officer may use as much force as necessary for a criminal arrest, as long as it is reasonable and lawful. After an arrest is made, a police officer may apply handcuffs to a defendant if the officer thinks that it is necessary to prevent injury or escape. If the defendant claims an unlawful application of force was used by the arresting officer, a judge will hear the defendant's argument and decide whether or not the force used was reasonable for the circumstances.
Will I be fingerprinted or have to be in a line-up?
If you are arrested, the police have the right to take your fingerprints and photographs. You may also be required to participate in a line-up, to provide a sample of your handwriting, to speak phrases associated with the offense, and/or to have samples of your hair taken. However, you may insist that an attorney be present during this time.
What is the role of the judge in a criminal trial?
The judge in a criminal trial controls all legal proceedings in the courtroom. The judge will determine whether certain evidence is admissible or not, and will rule on preliminary matters and discovery issues that the defense and prosecution may have. And before the jury decides a case, the judge will instruct the jury as to how they must be lawfully guided through the decision process.
What is the role of the jury in a criminal trial?
The jury in a criminal trial will consider all aspects of the case for as long as is needed in order to come to a unanimous decision. Once a verdict is reached, it is presented to the defendant in court. A jury may find a person guilty of all, some, or none of the crimes charged in a criminal trial. In some cases, depending on the evidence presented and the nature of the instructions given by the Court to the jury, a jury may convict a defendant of a lesser crime than initially charged. If the jury presents a not guilty verdict, the proceedings are over and the jury verdict may not be overturned. If the verdict is guilty, however, the defense may proceed with an appeal.
Bail is money or other property that is deposited with the court in order to ensure that the person accused will return to court when he or she is required to do so. However, if the defendant does not come to court when required, or violates his or her bail conditions, the bail will be forfeited to the court and will not be returned.
What happens at a bail hearing?
The accused is brought before a magistrate or judge when an arrest happens for a violation of a criminal law. The magistrate or judge will conduct a pre-trial bail hearing resulting in four possible results:
- Recognizance - This is the defendant’s written promise to appear in court on the date set and abide by the terms set by the magistrate or judge. No monetary pledge, cash deposit, or security by property or professional bondsman is required.
- Unsecured Bond - This release pending court appearance is based on the defendant’s written agreement to appear in court on the date set and abide by the conditions set by the magistrate or judge. It is backed by an agreement by the defendant to forfeit money to the court if she or he does not appear in court on the date set.
- Secured Bond - This is secured by either a cash deposit, a pledge of real or personal property, or a pledge by a third party that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may forfeit any type of security in the event the defendant does not appear in court on the date set.
- Ineligible for Bail - The defendant is denied a release pending court appearance.
The bail decision may be appealed to a judge who will re-examine the evidence. A violation of any agreement of release pending court appearance could result in the issuance of an "Order to Show Cause" why the release should not be revoked.
If you or someone you know in Harper Woods, Michigan, or within the surrounding cities and counties of Michigan needs the assistance of an experienced criminal defense lawyer, contact the Attorneys of Bellanca, Beattie & DeLisle, P.C., at 866-499-8975, or use the contact form provided on this site to schedule a consultation with an experienced criminal defense lawyer.
