BATTLE CREEK'S BEST CRIMINAL, CIVIL, DIVORCE AND CUSTODY LAWYERS - (269) 447-1525
If you are pulled over by a Battle Creek Police Officer, you only have to identify yourself or produce a driver's license if you are driving. You do not have to answer any other questions. You can tell them that you will not answer their questions without your attorney being present. If asked, never consent to them searching your vehicle. If they do search your vehicle, make sure it is known that it is without your consent. Finally, you have a right to record the officers up until the time you are placed under arrest.
If you are pulled over for suspected drunk driving, you should follow the information about being pulled over by a Battle Creek Police Officer. In addition, the officer cannot compel you to perform field sobriety tests. You can refuse the onsite preliminary breath test (PBT) and only receive a 2 point ticket. However, once placed under arrest and taken to the station, you are required to submit to the Chemical Datamaster Breath Test. After completing the test, if you do not believe the results are accurate, you can request your own independent blood test.
If a Battle Creek Police Officer or Detective contacts you about a potential crime, you need to be aware of what is really happening. Usually, the first to report a crime, even falsely, is deemed to be the "victim". This means you are a criminal suspect and the police are trying to get incriminating statements from you. Even if you are innocent, the police will try to trick or confuse you into making such statements. Never talk with the Battle Creek Police without having an attorney present.
Expungement has the effect of setting aside a Calhoun County Circuit Court or Battle Creek District Court criminal conviction, which permits the person to honestly tell potential employers and others that the individual has not been convicted of a crime. However, even an expunged criminal record can be used for some purposes. Not all clients are eligible to have their adult convictions expunged, and not all convictions are capable of being expunged. The expungement statute permits a person convicted of not more than one felony and not more than two misdemeanors to petition the Calhoun County Circuit Court to set aside the felony. A person who is convicted of not more than two misdemeanor offenses and no other felony or misdemeanor offenses may petition the convicting Calhoun County Circuit Court to set aside one or both of the misdemeanor convictions. Has it been at least five years since any of the following occurred last?
You have been charged with a crime and appear in front of a Calhoun County Judge and they offer a court appointed attorney for you. For the unknowing public, you think "I will save a lot of money and still have an attorney, what a deal". However, you are setting yourself up for a potentially very bad outcome. The court appointed attorneys are paid by the court and, as a result, they have to keep the judges happy or lose future appointments. The Calhoun County Prosecutors and Judges want everyone to just take a bad plea bargain, get the conviction and close the case. Essentially, the court appointed attorneys are there to hold your hand and walk you through a quick plea bargain, even if you are innocent. Don't fall for the trap! You need a retained attorney who knows the law and will fight to protect your rights and prove your innocence.
All criminal cases prosecuted within the county of Calhoun are started at the 10th District Court. The 10th District Court processes misdemeanor cases from arraignments through sentencing; and felony cases, from arraignment through preliminary exam.
A few key terms:
Criminal cases have penalties of fines and /or jail or prison time.
Click here for approved State of Michigan forms for criminal cases: https://courts.michigan.gov/Administration/SCAO/Forms/Pages/Criminal-Disposition.aspx
Click here for the approved Michigan Criminal Jury Instructions: https://courts.michigan.gov/courts/michigansupremecourt/criminal-jury-instructions/pages/default.aspx
Click here for obtaining criminal history information: https://www.michigan.gov/msp/0,4643,7-123-1878_8311---,00.html
Click here for current criminal offender information: https://mdocweb.state.mi.us/otis2/otis2.htmlhttps://mdocweb.state.mi.us/otis2/otis2.html
Click here to search State of Michigan Court of Appeals and Supreme Court Opinions: https://courts.michigan.gov/opinions_orders/Pages/default.aspx