The Michigan Penal Code contains every crime and applicable penalty relating to criminal conduct punishable in Michigan. The crimes listed in the Michigan Penal Code apply to both adults and juveniles. However, a jail or imprisonment sanction can only be imposed against adults (age 18 or older), not against juveniles.
Crimes are classified as a misdemeanor or felony according to the maximum penalty that can be imposed:
- Misdemeanor: A crime punishable by 1 year or less imprisonment.
- Felony: A crime that is punishable by more than 1 year – up to life in prison.
A juvenile is entitled to all of the constitutional rights afforded to an adult offender.
Contact ABDO LAW if your child or any family member is accused or charged with a crime. Let us explain whether it is advisable to talk to the police and how we can avoid a criminal conviction and get a dismissal in the adult or Macomb County Juvenile System! Call 586-412-5555 for a free consultation and same day appointment or jail visit.Remain Silent or Talk to the Police?
According to the 5th Amendment to the United States Constitution, a person has an absolute right to remain silent upon being questioned by any government law enforcement agency. Asserting the 5th Amendment right to remain silent cannot be used against the person in any subsequent criminal proceeding. In other words, no comments or inferences can be made regarding an individual’s decision to remain silent.
If you are not familiar with your rights, you may not know what to do If the police question you or your child regarding a criminal matter. You may be helpless if your child is ambushed at school or outside of the home and is questioned by the police without first getting parental or legal advice. But whenever possible, you should contact an experienced criminal defense lawyer to discuss legal strategies including whether you should talk to the police. Our attorneys start out by looking at the circumstances on a case-by-case basis to determine whether it is prudent to talk to the police. We will only do so when it can be used to our advantage. In addition, we do not have a 100% policy of stonewalling the police and can say that talking to the police has resulted in successful conclusions with cases being dropped before any criminal charges are filed with the court system. Contact ABDO LAW: 586-412-5555.Juvenile Delinquency Proceedings
An offender’s age at the time a crime is committed is the determining factor as to whether the matter will be tried in the juvenile system or the adult court system.
Juvenile Delinquency Proceedings, age 17 or younger: In Michigan, an individual that is under age 17 or younger that is charged with any criminal offense will be treated as juvenile. The proceedings that are brought against a juvenile are known as juvenile delinquency proceedings. Under certain circumstances, a juvenile may be tried and sentenced as an adult.
Adult Criminal Justice System, age 18 or older: A person that has attained the age of 18 or beyond is treated as an adult for his or her crimes and faces criminal penalties which include potential jail or imprisonment. See how HYTA can be utilized to get a crime dismissed and sealed for offenders that have attained the age of 18 but before age 26.Michigan Penal Code Applies to Juveniles
The scope of our legal representation for juvenile covers the gambit of every felony or misdemeanor listed in the Michigan Penal Code including:
- Driving under the influence
- Disorderly conduct
- Assault crimes
- Malicious destruction of property
- Drug crimes
- Computer crimes
- Unlawful posting of a message
- Retail fraud
- Sex crimes
- Child pornography
- False threat of terrorism
Juveniles are not exempt from being charged with a sex crime or for possession of child pornography. According to a recent article in the Juvenile Justice Bulletin, younger children ages 12 -14, are coming to the attention of law enforcement for sex crimes more than ever. According to the article: Juveniles account for more than one-third (35.6 percent) of those known to police to have committed sex offenses against minors.
Do not hesitate to hire an attorney if your minor or adult child is accused or charged with a sex crime. Upon being engaged to defend a juvenile for a sex crime, we may initially recommend an independent psychological profile. We often use the services and reports of professionals to show the court system that our client is not a predator, pedophile and or a risk to the community.
In addition to a psychological profile, we may also recommend the use of a private polygraph examination. Although not admissible in evidence, we can control the results of a private polygraph to the extent that it works to our client’s advantage.
Our goal in defending a juvenile charged with a sex crime is to avoid a sex crime conviction, avoid sex crime registration (SORA) and avoid detention or placement. We have successfully defended juveniles that face sex crimes by demonstrating to the prosecutor and the court that the child is not a predator, is not likely to be a risk to the community, is in a stable environment and is utilizing psychological services.Inappropriate Messages, Images, Internet Activity and Social Media
It is very easy to get into big trouble by sending inappropriate messages, images or by visiting websites which offer illegal content. Almost any conduct that involves using a computer or cell phone to send or receive an inappropriate message or image is a felony. A few crimes that are possible for
Downloading inappropriate images can result in serious trouble such as possession of child pornography and using a computer to commit a crime. Your child can avoid a lot of problems by having control over his or her cell phone and computer activities. Also, we recommend that your child clean up social media sites to avoid any depictions of violence, substance abuse or sexuality.Avoiding a Juvenile Record!
You can be hurting your own case by saying the wrong thing to the police or by not fully understanding the juvenile justice system. The ABDO LAW FIRM regularly practices in the Macomb County Juvenile Court system, and we will protect your child’s rights and find a solution to avoid a criminal record.
FREE PHONE AND OFFICE CONSULTATION
Call the ABDO LAW FIRM 24 Hours Phone: (586) 412-5555