Michigan Amends Plea Form and Advice of Rights

Michigan’s Strongest Criminal Defense for Felony and Misdemeanor Charges

Michigan amends plea form and advice of rights and you need to understand the changes.  The new advice of rights form in Michigan has several important changes from the old version and reflects the new penalties for Super Drunk Driving. The advice of rights portion of the new form contains the same basic rights including:

  1. The right to plead guilty or state mute.
  2. The right to have a trial by judge or jury.
  3. The right to the assistance of an attorney.
  4. The right to see, hear, and question all witnesses.
  5. The right to compel witnesses to appear at trial by subpoena.
  6. The right to testify or remain silent.
  7. The right to be presumed innocent until proven guilty beyond a reasonable doubt.

New second side of the form which is entitled, “Consequences of Convictions for Alcohol or Substance Abuse/Driving Offenses” includes the following information:

  • Operating While Intoxicated– First Offense: Fine $100 to $500 plus costs; 93 days jail maximum, up to 360 hours of community service.
  • Operating While Intoxicated– BAC of .17 or More – First Offense – Fine $200 to $700 plus costs; 180 days in jail max, up to 360 hours of community service.
  • Operating While Impaired– First Offense: Up to $300 fine plus costs, 93 days jail maiximum, up to 360 hours of community service.
  • Operating With Presence of Drugs– First Offense: Fine $100 to $500 plus costs; 93 days jail maximum, up to 360 hours of community service.

Any of the above with a prior conviction – $200 to $1000 fine plus costs and 30 to 90 days of community service and 5 days minimum jail and 1 year maximum jail.

License Suspensions and Restrictions.

The form still indicates that possible license sanctions may be imposed by the Secretary of State based upon the master driving record. This essentially means that the Secretary of State imposes drivers license sanctions and not the courts.

The consequences for misdemeanor Retail Fraud have been added to the form.

Retail Fraud 2nd Degree (goods valued between $200 and $1000) is punishable by a fine of not more than $2,000 or 3 times the value of the property, whichever is greater, and up to 1 year in jail. Retail Fraud 3rd Degree (goods valued under $200) is punishable by a fine of up to $500 or 3 times the value of the goods, whichever is greater, and up to 93 days in jail.

If you still have questions for a Michigan criminal defense attorney, feel free to call LEWIS & DICKSTEIN, P.L.L.C. for a free consultation
and confidential case evaluation. Please call us at (248) 263-6800 or complete a Request for Assistance Form and a highly experienced criminal defense lawyer will promptly contact you.

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LEWIS & DICKSTEIN, P.L.L.C.

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