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1. Burger, Kennneth: Felony or Misdemeanor? Michigan recognizes two primary types of criminal law violations: felonies and misdemeanors. Generally, a felony is an offense that carries a maximum penalty of more than one year imprisonment. A misdemeanor, with a few exceptions, is an offense that carries a maximum penalty of less than one year imprisonment. Common examples of felonies include the following: * Murder, manslaughter, and other forms of homicide * Home invasion (commonly known as burglary) * Vehicle theft * Armed robbery * Forgery * Certain theft offenses * Driving while intoxicated (third or subsequent offense) Common examples of misdemeanors include the following: * Driving while intoxicated (first or second offense) * Disorderly conduct * Driving with a suspended license * Retail fraud involving smaller monetary amounts * Domestic assault It is important to note that some of the misdemeanor offenses involved above can be elevated to felonies depending on the circumstances involved. The examples are purely illustrative, and it is up to the prosecutor to decide how to charge a particular offense. There is also a third type of offense that is considered as quasi-criminal. This is known as a civil infraction, and is punishable by a fine only. Most civil infractions are traffic violations (speeding, failure to yield, running a red light, etc.). What Rights do Criminal Defendants Have? Regardless of whether they are charged with a misdemeanor or felony all criminal defendants have certain rights under the law. First, while in custody, all people have a right to remain silent. They are not required to answer any police questions other than identifying themselves, and may either vocally refuse to answer or simply stay quiet. Second, all defendants have a right to be presumed innocent until proven guilty. Our system of laws presumes that all criminal defendants are innocent unless and until they are proven guilty beyond a reasonable doubt in court. Third, all defendants in felony and misdemeanor cases are entitled to a trial by judge or by jury at which the prosecutor must prove beyond a reasonable doubt that they are guilty of all elements of the crime for which they are charged. Fourth, all defendants in a case where a judge may order the penalty of imprisonment, are entitled to an attorney. They may either hire their own attorney, or if they cannot afford an attorney, the court will appoint one for them. All of these rights however can be waived, sometimes unknowingly by a defendant who is not familiar with the system. People may not feel comfortable refusing to answer a police officer’s questions or they may not understand the concept of being presumed innocent until proven guilty. It is for this reason, that it is essential, that a criminal defendant have a competent attorney to assist them in knowing and exercising their rights under the law.
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3. Fiani, Jules: The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
4. Bain & Bain: It can happen to anyone. One too many drinks at dinner and you can be picked up for drinking and driving on the way home. The penalties for operating a vehicle while intoxicated are severe, including stiff fines, loss of your license, and jail time. Even a first offense can result in higher insurance rates. It's important to consult an experienced OWI defense attorney to help minimize the negative consequences.