QUESTION
What is the procedures during the hearing of a misdemeanor case?
Asked on Sep 20th, 2012 on Criminal Law - Michigan
More details to this question:
My hearing is in 2 months and I will show up, but I cannot afford a lawyer. I'm trying to keep this a secret from my family and friends which is why I'm wondering about the procedure, the time length of the hearing, and if I will be free in the afternoon after the trial? Will I be held in the court until they sentence me? Most of the people I talked to said that I will most likely get probation or a fine. I need more information on this please.
7 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Retain counsel.
Answered on Sep 21st, 2012 at 11:05 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You didn't even explain the nature of your hearing. There are several different ones in a misdemeanor. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you can't afford an attorney, apply for the public defender and listen to his advice.
Answered on Sep 21st, 2012 at 11:05 PM
Michael J. Breczinski
First if you have not a clue then you really need an attorney. Second whatever the charges they usually stay on your record for the rest of your life. Would you not get life saving surgery because "you couldn't afford it"?
Answered on Sep 21st, 2012 at 11:04 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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I know you want to keep this secret from your family, but believe me, that is not your best move here. It sounds like you have a Clerk's Hearing. IF that is the case, there is a chance that if you win at this level that NO CRIMINAL complaint will even issue. That means NO entry whatsoever on your criminal record (CORI). You also sound like a young adult. You have our whole life in front of you. Avoiding a mark on your CORI now, if it is possible, would be a huge. An entry on your CORI will cause you problems throughout your life when you apply for jobs, financial aid, some forms of housing and some licenses. If you can beat this now at a Clerk's hearing, DO IT! If you have to step up and tell your family to get some help, bite the bullet and do it.
Answered on Sep 21st, 2012 at 11:03 PM
Thomas Edward Gates
The procedure is - arraignment, pre-trial hearing, case setting, and trial. Not knowing the misdemeanor charge, it is hard to say what sentence you could face. However, unless you have had many past arrests, it is highly unlikely you would face jail time. The maximum sentence for a misdemeanor is 90 days in jail and/or $1,000. You could expect community service, fine, court costs, and probation.
Answered on Sep 20th, 2012 at 3:33 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The first hearing will be an arraignment, at which you will plead not guilty, and if you qualify for the public defender, they will be appointed. Next there are pre trials every month, until the case is either settled or ready for trial. Get an attorney or the public defender. This is not something you can do without professional advice.
Answered on Sep 20th, 2012 at 3:33 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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As you have not disclosed what you are charged with it is impossible to answer your question. Even if you are not able to afford an attorney, you could call and discuss the matter for a small fee. Misdemeanors are commonly punishable by jail time. Do yourself a favor and speak with an attorney.
Answered on Sep 20th, 2012 at 3:32 PM