Wednesday, July 13, 2016

Criminal Law in Oakland County

oakland county criminal defense attorney Criminal law is a category of law that broadly refers to state and federal laws that make certain crimes punishable by imprisonment and fines. Criminal cases deal with violation of criminal statutes as provided for in the law in Oakland County. Each state has a penal code that outlines crimes, charges against those crimes and penalties. Criminal cases are essentially felonies and face at least a jail time of more than one year. Oakland County criminal defense attorney represent persons charged with crimes in court.

Common Criminal Charges in Oakland County and Their Penalties

Criminal charges are either treated as felonies or capital crimes. Capital crimes are punishable by death while felonies by more than a year of imprisonment. Besides imprisonment, convicts can face more penalties. These include: restitution and fines.

oakland county criminal defense attorneyNotably, criminal charges in Oakland County are not eligible for parole, probation or community service.  Convicts have to face jail time and other penalties.

Criminal charges are filed by the government against the perpetrator. The prosecution has to prove beyond reasonable doubt that the defendant is guilty and consequently convict the defendant. Once convicted, the defendant is subject to either custodial or non custodial punishment or both. Criminal charges are tried by superior court in a jury trial.

Criminal law stipulates timelines for charging a criminal suspect. It also abolished the death penalty as a punishment to any criminal charges in Oakland. A defendant may appeal a court verdict resulting to retrial of the case.

Penalties for criminal charges are served on the basis of the degree of crime as follows;
·         First degree crimes: The accused are served the direst penalties. Imprisonment for at least 10 years and up to a lifetime imprisonment. Hefty fines up to $200,000.
·         Second degree crimes:  5 – 10 years of jail time and fines up to $150,000
·         Third degree crimes: 3-5 years of imprisonment and fines up to $15,000
·         Fourth degree crimes: Up to 18 months of imprisonment and fines up to $10,000

Penalties are more severe for offenders with past criminal records.

Oakland County Criminal Defense Attorney

oakland county criminal defense attorneyOnce charged with a criminal offense, the accused is faced with a challenging responsibility to prove their innocence. Criminal attorneys provide legal advice to the accused. They also prepare a defense case for the accused, collecting evidence and presenting witnesses and arguing against the prosecutor to prove the innocence of the defendant. They represent defendants in the court trial and appeal for a retrial if the court sentence is unsatisfactory.

An Oakland County criminal defense attorney fully understands both the state and federal laws. They have the best chance of creating a solid defense plan for the accused that can lead to dismissal of charges or lead to less serious trials. A criminal defense attorney works hard to protect the rights of the accused.

The best defense attorneys are experienced in practicing criminal law. They are comfortable in the courtroom and articulate their arguments on the court floor effectively. An excellent defense attorney can mean the difference between hefty fines and penalties or none at all for individuals faced with criminal charges.

oakland county criminal defense attorney

Criminal convictions have long-term ramifications on the reputation of a convict. The criminal records show up on background checks, making it difficult for them to find jobs even after serving jail time. People faced with criminal charges hire criminal defense attorneys to represent them in court and offer solid legal advice.

Common Oakland County Laws

Oakland County has several laws stipulated under the Michigan State and federal laws. Oakland County lawyers help citizens in interpreting and understanding major laws and their implications if those laws are broken. They also represent persons charged with various crimes in court. Theft related crimes, marijuana related crimes and drunk driving crimes are among the most common crimes in Oakland.

oakland county lawyers

Theft Related Laws

Under this category, crimes are categorized into petty theft laws, shoplifting laws and embezzlement laws. One is considered to have committed larceny if they steal money, goods, public records or property. Theft is defined as the act of taking someone else’s property without their consent.

oakland county lawyers Theft is considered a misdemeanor or felony depending on the value of the stolen goods or property. Theft of goods whose value is below $200 is considered petty theft, a misdemeanor punishable by not more than $500 fines or repaying the value of the stolen goods three fold or imprisonment for up to 93 days.

Stealing goods worth more than $200 but less than $100 is a second degree misdemeanor punishable by imprisonment or up to $2000 in fines or repaying thrice the value of goods.

Theft of goods whose value exceeds $1000 (including motor vehicles, real estate property or hiking the price of goods by $1000) is considered a felony which is punishable by up to 5 years imprisonment and up to $10000 fines. Stealing goods worth $20000 and above attracts up to 10 years of imprisonment and hefty fines.

Marijuana Laws

oakland county lawyers Oakland allows medical consumption of marijuana. It is considered an offense to drive under the influence of marijuana whether for medical purposes or otherwise. Non medical possession or use of marijuana attracts up to $2000 fines or up to one year jail term. Possession of marijuana paraphernalia can lead up to 90 days imprisonment.

Operating While Intoxicated (OWI)

OWI is commonly referred to as DUI (Driving Under Influence) crimes in others states. Oakland County has zero tolerance for drunk driving for persons under the age of 21. Individuals above the age of 21 must not exceed a BAC of 0.08% and 0.04% if operating a commercial vehicle. Individuals are required to voluntarily submit to the BAC test. Refusal to take the test can cause license suspension for up to 5 years, depending on whether it is a first, second or third offense.

A first time OWI offense in Oakland is considered a misdemeanor unless it involved a deadly accident, in which case it is treated as a felony. Most OWI charges in Oakland County result to loss of driving privileges for a given time.

oakland county lawyers

If one is accused with OWI, Oakland County lawyers specializing in OWI charges can plea bargain for fewer charges. In most cases, a plea bargain is awarded for reckless driving which is a lesser charge and hence, attracts lesser penalties. To be on the safe side, one shouldn’t drink and drive.

Being charged with a crime in Oakland can significantly taint an individual’s public image. The record shows up in background checks making it hard for one to access employment or college vacancies. Oakland County lawyers work with the accused to build a strong defense case or file for offense record sealing.