Michigan Domestic Violence Pretrial - Take the Deal?

Michigan Domestic Violence Pretrial - Is There a Right Time to Make a Deal? Some Advice...

Suddenly you're facing Domestic Violence charges. You've been arraigned, perhaps you even faced the judge alone when he advised you of the charges against you, set your Bond and likely ordered the commonly impossible task of "no contact" with your accuser. You are forced to move out of your home, to find somewhere else to live, you aren't able see your kids regularly, and now face your next big challenge, the Michigan Domestic Violence Pretrial. And all you want is for the whole thing to be over!

A Michigan Domestic Violence Pretrial is an opportunity for your defense attorney and the Prosecutor to meet to discuss the merits of your case and the direction each attorney is intending the case to go. The majority of criminal cases never go to trial due to resolution by plea bargaining. Actually, the Prosecution counts on it, and these pleas at the Michigan Domestic Violence Pretrail, in-fact, account for the high success rate (convictions) for their office(s). A Plea Bargain = a Guilty or No Contest Plea! No matter how much you want this all behind you, you should NEVER accept a Plea Bargain out of fear! And there are a number of other reasons that a Plea Bargain should not be agreed too at your Michigan Domestic Violence Pretrial, as well. Perhaps it was self-defense, or the defense of others, or the defense of property. Perhaps the police did not sufficiently investigate the case, or your rights were violated. Unfortunately, a significant number of innocent defendant's agree to plea to a lesser charge at their Michigan Domestic Violence Pretrial rather than risk a jail sentence if they were to be wrongfully convicted at Trial.

At your Michigan Domestic Violence Pretrial, it is ultimately the defendant's decision whether or not (s)he should take a Plea Bargain or take their case to Trial. But Plea Bargaining at your Michigan Domestic Violence Pretrial is ugly, and wrong, and a miscarriage of justice when a person is innocent and faces the perilous decision of whether to plea or face the possibility of a wrongful conviction. However, it is the fiduciary responsibility of your attorney to present you with all offers or plea agreements offered by the Prosecutor, and to then guide you through the process of decision at the Michigan Domestic Violence Pretrial. A defendant who has committed a crime could, indeed, still be found not guilty based on other circumstances or legal issues found in the heart of the case. However, in the absence of these factors, there is much to be said about the consideration of Plea negotiations during your Michigan Domestic Violence Pretrial. 1. At a Michigan Domestic Violence Pretrial, unless Prosecution has an air tight case, the first deal offered is often the weakest. As information is gathered and facts are uncovered, your attorney can build greater leveraging power through the skill of Discovery. These are some things your Michigan Domestic Violence Pretrial will reveal:

    • If a Plea Deal is being offered
    • What evidence the Prosecutor intends to use against you
    • The strength of the evidence gathered against you
    • Whether the victim is likely to appear for a Trial
    • Whether you are eligible for a Deferral (MCL 769.4a)
    • What terms might be negotiable (i.e. reduced charge, no jail time, etc.)
    • What the victims wishes are in relation to outcome of the case (Victim Advocate may be present)
At the conclusion of the Michigan Domestic Violence Pretrial, there are choices to make, but HERE IS SOMETHING TO BE CAREFUL OF: If you don't have a knowledgeable Defense Lawyer at your Michigan Domestic Violence Pretrial, the Prosecutor may take you into his/her conference room (alone) and prey on your fears and emotions to try and talk you into taking a deal that is not in your best interest. Some of the things you could hear are:
    • We have enough evidence to convict you 'right now'
    • If you plead guilty we will recommend 'no jail-time'
    • If you don't plead guilty now, we cannot promise that the deal will be available to you later on
    • If you insist on putting the victim through a trial we will ask for maximum jail time if convicted
    • The Judge won't be happy if he is required to go through a trial on this case
    • Judges administer harsher sentences on those who put everyone through a trial, etc...
If you, or someone you love, is facing a Michigan Domestic Violence Pretrial, you will need to be represented by and consult with an attorney who knows Michigan Law, who knows its Judges, its Courts, and its City/County Prosecutors. Some are harsher in some areas and more lenient in others. PRAIN LAW, PLLC has years of experience in finding the justice in Criminal Defense Law. Call our office now at (248) 731-4543 for a free consultation. Or complete the form and we'll be glad to answer your questions. Click the link for more information on Michigan Domestic Violence Pretrials
Categories:

Contact Prain Law, PLLC

Schedule a Free & Confidential Consultation
  • Please enter your name.
  • This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.