Michigan Assault Lawyer: Assault Charges at Frank Murphy Hall of Justice

Michigan Assault Lawyer Explains the Procedure in Defending Assault Charges at Frank Murphy Hall of Justice in Detroit

As a Michigan Assault Lawyer, or more correctly, Michigan Assault Defense Lawyer, I defend my clients against Assault charges at Frank Murphy Hall of Justice in Detroit.  If you are facing an Assault charge at Frank Murphy Hall of Justice, that means it is a serious Felony Assault Charge, and it is important that the lawyer who has your freedom and future in their hands understands the criminal procedure at Frank Murphy Hall of Justice.  Let's talk about some of the ins and outs . . . 

Frank Murphy Hall of Justice is where the Criminal Division of the Wayne County Circuit is housed.  If you are facing a Michigan Assault charge at Frank Murphy Hall of Justice, then it is a Felony Assault, rather than a simple Misdemeanor because only Felony Assault charges are heard in Circuit Court after you are "bound over" after the Preliminary Exam in one of the many District Court's of Wayne County (i.e. like the 36th District Court located at 421 Madison st.).

Michigan Felony Assault charges include Felonious Assault (Assault With a Dangerous Weapon), Felony Domestic Assault, Resisting and Obstructing a Police Officer or R&O (including Assault on a Police Officer), Assault With Intent to do Great Bodily Harm Less Than Murder, and others.  They ALL carry possible Prison time.

Your first Court date at Frank Murphy after you're bound over on your Felony Assault charge will be the Arraignment on the Information, or "AOI" on either the 2nd or 3rd floor in a small, non-Jury "AOI courtroom."  Your Michigan Assault Lawyer will ask the Floor Prosecutor for a document called Settlement Offer and Notice of Acceptance, which will contain any Plea or Sentence offers they have for you, if any.  You will make a decision whether to accept that deal at that time or not.  It is generally still available at the next Court date, but there are no promises.  Your Assault Lawyer will "waive a formal reading of the Information and stand you mute."  Your Assault Lawyer will then have a chance to argue for a change in your Bond conditions or a reduction in your Bail amount.

As of March, 2013, the Wayne County Prosecutor's Office no longer has a Diversion Program, but you may still be eligible for other deferrals.  Your Assault Defense Lawyer can go to the 11th Floor and speak to the Docket Attorney to try and get you an even better deal.  At The Law Office of Brian J. Prain, PLLC, we have successfully been able to reduce and avoid Jail altogether on serious cases by this process for clients facing Michigan Assault charges.  Hopefully, your Assault Lawyer will have kicked some major butt at your Preliminary Examination in District Court to help with this!

If you reject the deal at the Arraignment on the Information, your next Court date will generally be a Docket Conference in the same courtroom at Frank Murphy.  This is basically another chance to try to work out a better reduction of your Felony Assault charge or a better Sentence Agreement, and is also for the purpose of working out future dates.  If you are still not willing to take any Plea deal and also do not want to Waive your right to have your Assault charge tried by Jury, your Assault Defense Lawyer will ask for a "Blind Draw."  The Judge's clerk will then immediately use the computer to select the name of one of the "Trial Judges" on Floors 4-8 of Frank Murphy Hall of Justice.

The next Court date as you fight your Michigan Felony Assault Charge will be the Calendar Conference before that Trial Judge in one of the Jury Trial courtrooms upstairs.  The purpose of the Calendar Conference is: 1) for your Assault Lawyer to attempt to work out a Plea Deal again if you want one; and 2) for the Judge to complete and sign a document called the Summary Statement of Calendar Conference, which sets all future dates, such as the Motion filing date, Final Settlement Conference and Motion Hearing date, and Jury Trial date.  Depending on your case, your Michigan Felony Assault Lawyer may file Motions to fight various legal issues in preparation for the Jury Trial.

At the Final Settlement Conference in your Assault case at Frank Murphy Hall of Justice, it is the last chance for you, your Assault Lawyer, and the Prosecutor to work out a Plea or Sentence Agreement (unless a "Special Pretrial" is set).  If your Assault Defense lawyer has filed any Motions, the lawyers will argue the Motions and the Judge will rule on them.  Depending on how the Judge rules, your Assault Lawyer may secure for you the best deal yet (i.e. no Jail or "PA 511" treatment).

If you decide to take a Plea, you will offer it to the Judge on this date and the Judge will accept it and enter a Judgment of guilt for whatever Assault charge or other charge you plead to.  At The Law Office of Brian J. Prain, PLLC, we've been successful at having even Assault With Intent to do Great Bodily Harm Less Than Murder charges reduced to Misdemeanor Assaults.  After a Plea pf Guilty or No Contest to a Felony Assault charge, you give a DNA sample in the basement of Frank Murphy Hall of Justice and then go to the Wayne County Probation Department (MDOC) at the Tremonti Building for a Presentence Investigation Interview ("PSI Interview).  You will come back for Sentencing on your Michigan Felony Assault charge within 2-4 weeks.  Your Assault Lawyer will make objections to the Presentence Investigation Report, argue for the lowest scoring on your Sentencing Guidelines, and should make a compelling argument for leniency for you.

If you do not take a Plea, the Court will execute a document called a Firm Trial Date Contract, which you and your Assault Lawyer sign, promising to be ready for Jury Trial on the date stated.  If you are proceeding to Jury Trial, your Michigan Assault Lawyer must interview every witness, Subpoena every person has something to say on your behalf, investigate all Prosecution witnesses including the Police, pull Certified Criminal Histories and use the FOIA to get past Police Reports, meet with you to prepare your testimony if you will testify, annotate all video and audio evidence, carefully prepare and practice Opening and Closing Arguments, and much, much more.  If he/she is NOT doing these things, they are putting your freedom, your future, and your life in jeopardy of being found Guilty of a Michigan Felony Assault charge.

If you're reading this article, what you are facing is serious business.  Don't fool around.  Get yourself a Michigan Assault Lawyer with the skills, guts, and determination to get you the best Plea or Sentence Agreement possible, or a NOT GUILTY if you have a Trial.  This is exactly what we do at The Law Office of Brian J. Prain, PLLC. Call us anytime at (248) 731-4543, or if you aren't ready to discuss, fill-out our Custom Contact Form for a quick e-mail response.

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