A Plea Form and Advice of Rights Is Given to Most Defendants
To enter a knowing, voluntary, and intelligent plea, a defendant must be familiar with their trial rights. If a court fails to advise the defendant of their rights, the plea might be invalid.
Michigan’s Strongest Criminal Defense for Felony and Misdemeanor Charges
Michigan amends its misdemeanor plea form and advice of rights, and you need to understand the changes. Michigan’s new advice of rights form has several content changes from the old version and reflects the new penalties for Super Drunk Driving. The misdemeanor form is different than the felony advice of rights form. The advice of rights portion of the new form contains the same fundamental rights, including:
- The right to plead guilty or state mute.
- The right to have a trial by judge or jury.
- The right to the assistance of an attorney.
- The right to see, hear, and question all witnesses.
- The right to compel witnesses to appear at trial by subpoena.
- The right to testify or remain silent.
- The right to be presumed innocent until proven guilty beyond a reasonable doubt.
The second side of the form, which is entitled, “Consequences of Convictions for Alcohol or Substance Abuse/Driving Offenses,” includes the following information:
The Michigan misdemeanor plea form and advice of rights contains the following information regarding OWI and other drunk driving-related cases.
- 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 maximum, 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.
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 Are Included on the Plea Form and Advice of Rights
The Plea Form and Advice of Rights still indicates that the Michigan Secretary of State imposes license sanctions following a conviction. The Secretary of State imposes driver’s license sanctions and not the courts.
The consequences for misdemeanor Retail Fraud are now on the Plea Form and Advice of Rights.
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 property’s value, 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. A 1st Degree Retail Fraud conviction can result in a prison sentence. As with the other topics discussed in this blog, the information regarding retail fraud is included in the plea form and advice of rights.
Criminal Defense Lawyers that Will Fight to Protect Your Rights
If you still have questions for a Michigan criminal defense attorney, please call LEWIS & DICKSTEIN, P.L.L.C. for a free consultation and confidential case evaluation. When you need someone to fight to protect your rights and defend you in court, the Defense Team with LEWIS & DICKSTEIN, P.L.L.C. will do whatever it takes to achieve the best possible resolution to your case. Our highest priority is to seek a dismissal of all charges when possible.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.