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Misdemeanor

MisdemeanorscaleHave you been charged with a misdemeanor?
Marcus D. Wilcox has personally handled over a thousand cases such as these throughout his career in Livingston County and is exceptionally familiar with the procedures, practices, Judges and prosecutors. He will help you clearly understand your rights and options and achieve the best
possible outcome for your situation during this difficult time in your life.

Below you will find some basic information about misdemeanor offenses. Please don’t hesitate to contact Wilcox Law free of charge to ask any questions or to set up a free initial consultation.

A misdemeanor is a charge that carries no more than one year in the local county jail. Some of the more common misdemeanors are: Operating While Intoxicated (OWI), retail fraud, possession of marijuana, driving while license suspended (DWLS) and domestic violence (DV).

In Livingston County there are two district court judges who manage the criminal docket which are Judge Carol Sue Reader and Judge Suzanne Geddis. Your case will be assigned to one of these two judges along with a county prosecutor. If you choose to retain our services, the first step would be for us to quickly obtain the police report and all of the necessary discovery materials from the prosecutor’s office. This discovery is important because it outlines the evidence that the prosecutor has against you and the police officer’s version of the events. Once the police report is obtained, we will meet with you to review the report and other evidence and take the appropriate steps that will be most appropriate for you.

From this point, you can expect a series of standard processes and steps to take place.

Standard Process and Steps for a Misdemeanor

Arraignment

This is the first time you will appear in court or by video if in jail. The purpose of this hearing is to formally read the charges against you and a bond is set. There are certain charges where an arraignment may be waived if you have the assistance of counsel. It is wise to have an attorney present at the arraignment to seek a personal recognizance bond, which enables the defendant to leave without posting any money while the case is pending.

Pretrial

This is the first time that our office will formally meet with the prosecutor assigned to your case. Depending on the strength of the prosecutor’s evidence, a plea may be discussed. We will go over any and all plea discussions with the prosecutor and relay them to you. If there are any plea deals that both you and our office agree are acceptable, then you would enter a guilty plea at that time based upon the plea agreement. If no deal is reached, then the case will be set for a final settlement conference and ultimately, a trial.

Final Settlement Conference

This is where we meet again with a prosecutor in an attempt to resolve the case prior to trial under an acceptable arrangement. These are normally handled on the first Friday of every month and if an acceptable plea arrangement is not established, then we proceed to select a jury. Jury selection is handled the same day and a trial date is set before leaving the courthouse.

Trial

At this point, the prosecutor is required to prove beyond a reasonable doubt that you committed the offense that you are currently charged with or some lesser related crime. All of the elements of the particular crime need to be established by the prosecutor beyond a reasonable doubt. If the case proceeds to trial then we will meet to go over our legal options and the best way to handle the defense of the case. This may include motions, subpoenas, testimony from you and other legal issues that may arise.

 

Please do not hesitate to contact Mr. Wilcox at any time if you have questions or to set up a free consultation.

 

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.