Michigan Criminal Procedure
Trial and Sentencing

Jury Trial

The accused in a criminal case has a right to a trial by a jury pursuant to the 6th Amendment of the U.S. Constitution. The defense attorney plays a special role in the jury selection process. A person accused of a crime is presumed innocent and this presumption continues throughout trial and entitles a defendant to a verdict of not guilty unless a judge or jury is satisfied beyond a reasonable doubt that he or she is guilty. A jury verdict in a criminal case must be unanimous.

Bench Trial, Waiving A Jury Trial

A client may waive his right to a jury trial and have his trial before a judge (bench trial) without a jury. Sometimes, we are concerned that a victim will play on the juror's emotions and create a distraction from the admissible evidence and basic facts.

We recently held bench trial in the district court located in New Baltimore for a client charged with domestic violence. We were confident that the Judge would fairly look at the facts and ignore side shows and drama. Our client was found not guilty.

Sentencing

All sentences are determined by the Judge. Ethically, an attorney may not guarantee a sentence or outcome of a case. A sentence can include fines and costs, probation, incarceration (jail), driver license sanctions, and/or mandatory attendance of various programs. The programs will be designated according to the needs of the individual and crime. A pre-sentence investigation is mandatory for all felony convictions. Sentence guidelines are utilized in Michigan which take the "offense variables" (aggravating/mitigating circumstances) and the defendant's "prior record" into consideration. Specific provisions within certain statutes may allow for sentence enhancements, minimum periods of incarceration or habitual offender status for prior felony convictions.

State of Michigan Sentence Guidelines

The ABDO LAW FIRM is often able to obtain a lenient sentence by assertive advocacy and focusing on the positive aspects of a client's background.

We have provided our clients with excellent results for more than 25 years. We fight for our client's rights and proudly invite you to take a look at our client testimonials which verify our excellent case results and the service oriented nature of our firm.