Criminal Law

As soon as you feel you are a suspect, consult with a skilled criminal lawyer.

By consulting with an attorney as soon as you have been arrested, charged with a crime, or identified as a suspect in an investigation, you can be sure that all protections available to you under the law will be fully implemented.

One of the most important rights you have is the right to remain silent. In order to ensure your defense attorney has the opportunity to structure the most effective defense possible, avoid discussing your situation with police, investigators, friends, or family. If you would like to speak with a member of our firm, contact our office. A lawyer with the appropriate criminal law experience will help you determine how to proceed.

As your defense counsel, Mika Meyers attorneys will handle all communications with law enforcement and the media on your behalf. They conduct a thorough analysis of all evidence and the police procedures used to procure that evidence, protecting you from conviction based on illegally obtained evidence. Our firm makes every effort to resolve a case favorably without a trial, but we do prepare every case for trial if one is necessary.

Being arrested for drunk driving can have devastating consequences for an individual’s family and professional life. Conviction can result in license revocation, steep fines, cancellation of insurance, mandatory community services, and even jail or prison time, depending on circumstances.

The defense attorneys at Mika Meyers have handled hundreds of successful cases for OWI/DUI clients, leveraging our extensive experience with the judicial system, prior court opinions, relevant statutes, evidence including test data, and sentencing options.We aggressively pursue a positive result for every client, and handle each case with thoroughness and compassion.

Always remember, the best way to avoid a drunk-driving charge is to drink responsibly and plan ahead with a designated driver. If in doubt, DO NOT DRIVE.

Understanding the Charges

An experienced lawyer can quickly interpret and help you understand the various terms used by Michigan police and prosecutors to classify drunk-driving charges. Here are the basics:

• OUI/DUI (operating or driving under influence of drugs and other controlled substances)
• OWI/DWI(operating or driving while intoxicated)
• OVI (operating a vehicle while under the influence)
• UBAC/UBAL (unlawful bodily alcohol content or level) for adults and individuals under age 21
• “Super Drunk,” which provides for harsh penalties for first-time offenders with blood-alcohol levels of .17 or more

Almost all drunk-driving cases begin with a police stop. If you are stopped, you have the right to remain silent and the right to speak with a lawyer. You are required to furnish your name, address, license and insurance information, but that is all. You do not have to volunteer any additional information about the incident itself, or your involvement. The police cannot conduct a search of your car without a search warrant.

If you are arrested, a police officer will confiscate and destroy your driver’s license. You will then be provided with a temporary Michigan driving permit until your case is resolved.

If you are stopped for drinking and driving by a law enforcement officer, you may be asked to take a breath test while on the road. This breath test is called a PBT or a preliminary breath test. If you refuse to take the PBT, a civil infraction ticket may be issued for refusing to take the breath test. You will be taken to a police department to take a breathalyzer test. If you refuse the requested testing at the station, your driver’s license will be suspended. You have the right to refuse both the PBT and evidentiary tests administered at the police station, but it will result in a fine for the refusal of a PBT test and the automatic suspension of your license if the incident involved an evidentiary test at the station. If there is an accident where someone is injured, the police officers will procure a search warrant and mandate a blood withdrawal for laboratory testing.

By driving, you give implied consent to chemical tests if you are suspected of driving while impaired. You are considered impaired if your BAC is at least .04, but less than .08 and intoxicated if your BAC reading exceeds .08 percent. The Super Drunk category is for those with a BAC of .17 or above.

The sooner you contact a defense attorney, the better your result. Do not assume that you have the skills to respond effectively to prosecution or to navigate the judicial system.

Being arrested for drunk driving can have devastating consequences for an individual’s family and professional life. Conviction can result in license revocation, steep fines, cancellation of insurance, mandatory community services, and even jail or prison time, depending on circumstances.

The defense attorneys at Mika Meyers have handled hundreds of successful cases for OWI/DUI clients, leveraging our extensive experience with the judicial system, prior court opinions, relevant statutes, evidence including test data, and sentencing options.We aggressively pursue a positive result for every client, and handle each case with thoroughness and compassion.

Always remember, the best way to avoid a drunk-driving charge is to drink responsibly and plan ahead with a designated driver. If in doubt, DO NOT DRIVE.

UNDERSTANDING THE CHARGES
An experienced lawyer can quickly interpret and help you understand the various terms used by Michigan police and prosecutors to classify drunk-driving charges. Here are the basics:

OUI/DUI (operating or driving under influence of drugs and other controlled substances)
OWI/DWI(operating or driving while intoxicated)
OVI (operating a vehicle while under the influence)
UBAC/UBAL (unlawful bodily alcohol content or level) for adults and individuals under age 21
“Super Drunk,” which provides for harsh penalties for first-time offenders with blood-alcohol levels of .17 or more
Almost all drunk-driving cases begin with a police stop. If you are stopped, you have the right to remain silent and the right to speak with a lawyer. You are required to furnish your name, address, license and insurance information, but that is all. You do not have to volunteer any additional information about the incident itself, or your involvement. The police cannot conduct a search of your car without a search warrant.

If you are arrested, a police officer will confiscate and destroy your driver’s license. You will then be provided with a temporary Michigan driving permit until your case is resolved.

If you are stopped for drinking and driving by a law enforcement officer, you may be asked to take a breath test while on the road. This breath test is called a PBT or a preliminary breath test. If you refuse to take the PBT, a civil infraction ticket may be issued for refusing to take the breath test. You will be taken to a police department to take a breathalyzer test. If you refuse the requested testing at the station, your driver’s license will be suspended. You have the right to refuse both the PBT and evidentiary tests administered at the police station, but it will result in a fine for the refusal of a PBT test and the automatic suspension of your license if the incident involved an evidentiary test at the station. If there is an accident where someone is injured, the police officers will procure a search warrant and mandate a blood withdrawal for laboratory testing.

By driving, you give implied consent to chemical tests if you are suspected of driving while impaired. You are considered impaired if your BAC is at least .04, but less than .08 and intoxicated if your BAC reading exceeds .08 percent. The Super Drunk category is for those with a BAC of .17 or above.

The sooner you contact a defense attorney, the better your result. Do not assume that you have the skills to respond effectively to prosecution or to navigate the judicial system.

Your Mika Meyers defense team works to obtain a favorable result at every step of the criminal process. If you are accused of a misdemeanor – including many traffic, assault and battery, vandalism, shoplifting, trespassing, prostitution, disorderly conduct, reckless driving, and first or second drunk-driving offenses – you may be able to avoid a trial altogether through plea bargaining. Misdemeanor crimes are punishable by up to one year in a county jail. Felony criminals are incarcerated in a state prison.

In a criminal case, a prosecutor, not the victim, initiates and controls the process. The prosecutor may file criminal charges even if the victim doesn’t approve, or may refuse to file criminal charges despite the victim’s desire that criminal charges be filed. Each case is unique, but here are the key steps of the typical criminal process.

1. Police stop, where you are questioned and maybe tested, but not taken to a different location.
2. Arrest and booking, where you will be questioned, fingerprinted, and photographed. You may hire an attorney at your own expense, or if you are unable to afford an attorney, the court will appoint one if it is determined you might be sentenced to jail. Charges are not filed at this time.
3. Arraignment before a judge, where you are informed of charges and your rights and enter a plea. Bail is set and future court dates scheduled.
4. Pre-trial conference and plea bargaining, a negotiated agreement to lesser charges before trial.
5. Jury trial and sentencing, if you are found guilty.
6. Appeal, if appropriate, where your lawyer tries to prove legal errors were made that should result in the reversal of your conviction.

Contact your Mika Meyers defense attorney immediately, as soon as you come under suspicion for a criminal offense. We can help you understand your options and prepare your case.

A crime is considered a felony when it is punish­able by more than a year in a state prison. Felony crimes are very serious and include:

• OWI/Third Offense
• Home invasion
• Sexual assault
• Kidnapping
• Sale of illegal drugs
• Extortion
• Assault with intent or conspiracy to commit murder
• Murder

Your experienced Mika Meyers criminal defense lawyer will thoroughly review all aspects of your felony case to determine your options and preserve your constitutional rights.

How Felony Cases are Processed

The prosecuting attorney will file a formal complaint against you. If you have not already been arrested, a warrant will be issued when the complaint is filed. A preliminary examination must be conducted in the county where the crime took place within 14 days of the arraignment. If the district judge determines there is enough evidence, the case will be transferred to circuit court for trial.

At the circuit court level, another arraignment is held, unless it is waived by your attorney. You will enter a plea of guilty or not guilty, or you may stand mute. After the arraignment, a trial date will be set. The time between arraignment and trial is used to prepare for trial. Often, the prosecutor and your attorney will reach a plea agreement.

After conviction at the trial or as the result of a plea agreement, the court will schedule a date for sentencing unless you are found not guilty, or the case is otherwise dismissed.

At the sentencing hearing, the judge will order your penalties, which can include fines, restitution of court costs, jail, or prison time. Depending on the crime, a conviction for a felony can result in a sentence of up to life in prison.