QUESTION
What will the outcome be if you defend yourself in a second offense owi?
Asked on Sep 15th, 2011 on Criminal Law - Michigan
More details to this question:
I plead not guilty and was going to hire a court appointed attorney, but I failed to realize that I had to obtain him at the courthouse. I'm in cedar springs and the court is in Jackson. Now I only have two weeks until trial and I do not have the money for a good DUI attorney. Do I have a chance of staying out of jail defending myself?
8 ANSWERS
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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You will probably receive jail time.
Answered on Jun 23rd, 2013 at 11:55 PM
Jacob P. Sartz
A second offense OUI in Michigan is punishable by up to a year in jail. Given the potential severe license consequences, lengthy possible jail sentence, probation up to two years and other sanctions if convicted, I'd highly recommend retaining an experienced attorney to assist you with this matter. Most judges will grant an adjournment if requested so someone can hire or request a court-appointed attorney. Most attorneys provide a free initial consultation. It may be worth the effort to make a few phone calls.
Answered on Oct 06th, 2011 at 2:00 PM
Steven D. Dunnings
An old saying about lawyers is "A lawyer who represents himself has a fool for a client".
Answered on Sep 20th, 2011 at 2:33 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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The OWI 2nd statute provides that there is a minimum of 5 to 30 days in jail, depending on certain things. I would suggest either hiring an attorney by getting help from family/friends who can advance you some funds, or just waiting until court. On that day, the Court Appointed Attorney can explain things.
Answered on Sep 16th, 2011 at 2:08 PM
If you represent yourself, you will probably go to jail at an OWI 2nd trial. Representing yourself is foolish. Go to the courthouse immediately and request a court appointed attorney.
Answered on Sep 16th, 2011 at 2:07 PM
Unless you have a good working knowledge of criminal procedure and the Michigan Rules of Evidence, defending yourself at trial will be difficult. If you are convicted, the court will determine if jail is an appropriate sentence. You could immediately ask the court to appoint an attorney for you.
Answered on Sep 16th, 2011 at 1:19 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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I would never recommend anyone representing themself at trail. A second offense DUI is more severe than a first offense and jail is more of a possibility along with mandatory vehicle immobization. Conducting a trial for someone who is untrained and inexperienced, especially in criminal procedure, the rules of evidence, and the science behind the Data Master stands virtually no chance. I would ask for an adjournment and retain a lawyer as soon as possible.
Answered on Sep 16th, 2011 at 11:50 AM
Michael J. Breczinski
About as good as winning the lottery. Thjis is your second case. Many judges will consider that and give you some time because you did not learn from the first run in with the law.
Answered on Sep 16th, 2011 at 11:48 AM