Posts Tagged ‘ arrest ’

What should I expect from my first alcohol driving offense?

Unfortunately the number of drunk driving related arrests and accidents increases as the weather warms up.

Here is a bit of what you can expect if you find yourself being arrested for a first time offense. drunk_driving_wilcox_law

In general, you should expect to serve probation for 6 -18 months and pay $1,000 in fines. You may also be required to attend alcohol counseling sessions.

In Livingston County, serving jail time for a first offense is not typical, but this is not guaranteed. Factors to determine potential jail time are your BAC (blood-alcohol level), if an accident took place and if you have a prior criminal record.

You will also need to complete a drug or alcohol assessment.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2013
06/22
CATEGORY
Driving Violation
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Why isn’t everybody charged when an incident occurs?

This is a common question that many defendants ask when they are charged with a crime and others are involved, but not charged at the time.  The prosecutors office and/or the State of Michigan are the only entities that can charge somebody with a criminal offense and they get to use their discretion.  Sometimes they don’t charge all the parties because they want to target one specific crime or person.  This isn’t always fair and it upsets the parties but it can be done.  Sometimes the prosecutor will not charge someone with a crime because they want to use them as a witness in either the same incident or another case.  This helps their witnesses’ credibility if the case goes to trial.  It unfortunately is not always fair, but it can and is done on occasion by the issuing agencies.

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

2013
04/30
CATEGORY
Criminal
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What does it mean to go through quarantine?

As a general rule, if you are sentenced to a year or less you will remain in the local county jail.  If the judge sentences you to a year or more he can send you to prison.  When sentenced to prison the person will be sent to Jackson, MI where they will go through “quarantine.”

Quarantine is where the person is processed and classified based on several factors, including prior record, substance abuse issues, the length of the sentence and the crime convicted of.  Once the classification process is over, the Michigan Department of Corrections (MDOC) will send them to the appropriate prison somewhere in the state of Michigan.  The “quarantine” process normally takes approximately a month to complete before knowing exactly where the person will serve their time.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
06/13
CATEGORY
Criminal
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Why does it take so long to get charged? The incident happened months ago.

This is common practice in criminal proceedings and the following are the most frequent causes of delays:

1.  Labs:  If it is a drug or alcohol-related case the prosecutor will send either the blood sample or the alleged drugs to the state laboratory.  This process can take months to get back due to budget cuts with the state of Michigan during the last couple of years.  As a general rule, the prosecutor’s office will not file charges until the labs are back.

2.  Investigation:  In some situations, it may take a while for the officer in charge (OIC)  to write his police report and submit it to the prosecutor’s office.   The prosecutor must then decide whether or not to formally charge you with a specific crime.   A common misconception is that the police officer has the authority to charge someone, which  is not the case. It is the prosecutor who has the power to charge someone criminally.

3.  Co-defendants or multiple incidents: In situations or cases that involve co-defendants, the prosecutor will wait until all the information against all parties is complete. If one of the defendants is involved in a separate investigation that has pending charges, the prosecutor will wait to bring charges against this person until the other case has proceeded.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
02/20
CATEGORY
Criminal
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I am confused about my bond and what exactly I am required to do.

This is a frequent concern for people who have never been in trouble with the law. Livingston County is notorious for their strict bond conditions.

You will need to review the conditions of your bond to ensure you are in compliance, as the requirements will vary depending on the crime.

Normally you will have to either drug or alcohol test as a condition of your bond and make sure that you have ample proof that you are complying with those conditions.

There are two main places where you can sign up for your testing requirements which are Second Chance Support Network and Garry Flanary & Associates.

Our office will go over your bond forms with you to ensure compliance, assist in getting signed up for alcohol or drug testing, and guarantee you have the  appropriate documentation to provide to the Judge in Court.

Bond conditions are in effect until the date of sentencing.  This means that if you have testing that it will continue until you are sentenced or the Judge amends your bond conditions during a court proceeding.

Please don’t hesitate to contact me if you have any questions.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2011
12/07
CATEGORY
Criminal
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What happens if I am not given my Miranda Rights when I am arrested?

Miranda is the statement that everyone knows regarding your basic right to an attorney and the right to remain silent.

Failure by the officers to give you your Miranda Rights could lead to your statements being stricken, thus not allowing them to be used against you at trial.

Miranda applies when you are in custody and it pertains to statements that are made after questioning, but excludes voluntary statements that were made without provocation.  The attorney can file certain motions to have the court decide on whether the statements are admissible prior to trial.

A common misconception is that the case will be thrown out or dismissed because of the lack of Miranda prior to statements made by the Defendant. However, due to the fact that the officers and prosecution typically have additional evidence against the Defendant, this usually provides enough evidence to allow the case to proceed.

Miranda only applies to statements made by the Defendant and does not prohibit other evidence from being admitted at a trial.

I Miranda Rights would be more than happy to answer any questions you have related to this topic. Please don’t hesitate to contact me at Marcus@MDWilcoxLaw.com 

Marcus D. Wilcox

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2011
10/28
CATEGORY
Criminal
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