Michigan Criminal Defense Lawyers|Attorneys


	Criminal Defense Attorneys & Counselors
	20700 Civic Center Drive, Suite 170, Southfield, MI 48076, phone/248-737-8410 fax/866-728-4718 email/christopherkohler@kohlerlaw.net

Michigan Criminal Defense Lawyers

Kohler & Associates, P.C. are Criminal Defense Lawyers in Michigan handling Michigan criminal law cases of all types including Michigan traffic and Michigan vehicle code cases, Michigan DWI (driving while intoxicated), Michigan OUIL (operating under the influence of intoxicating liquor), Michigan UBAL (unlawful blood alcohol level), Michigan speeding tickets, Michigan impeding traffic tickets, Michigan drug (controlled substance) and possession offenses, Michigan domestic violence and stalking cases, Michigan probation violations, Michigan shoplifting offenses, Michigan prostitution and solicitation cases, all other major Michigan felonies, and Michigan internet crimes. We are centrally located at 20700 Civic Center Drive, Suite 170, Southfield, MI 48076, and can be contacted by phone at 248-737-8410 or fax at 1-866-728-4718/christopherpkohler@ameritech.net.

Kohler & Associates, P.C. serves clients in Oakland, Wayne, Macomb, Livingstone, and Washtenaw counties. When you need a Michigan criminal defense attorney, Kohler & Associates, P.C. can give you the experienced, aggressive representation you need in your corner..

You need a Michigan Criminal Defense Lawyer with expertise in Oakland County.

Michigan Criminal Defense Lawyers in Oakland County

You need a Michigan Criminal Defense Lawyer with expertise in Wayne County.

You need a Michigan Criminal Defense Lawyer with expertise in Macomb County.

763.1 Rights of accused; hearing by counsel, defense, confronting witnesses.

On the trial of every indictment or other criminal accusation, the party accused shall be allowed to be heard by counsel and may defend himself, and he shall have a right to produce witnesses and proofs in his favor, and meet the witnesses who are produced against him face to face.

763.2 Conviction; bases.

No person charged with an offense shall be convicted thereof unless by confession of his guilt in open court or by admitting the truth of the charge against him or after trial by the court or by the verdict of a jury accepted and recorded by the court.

763.3 Waiver of trial by jury in criminal cases.

(1) In all criminal cases arising in the courts of this state the defendant may, with the consent of the prosecutor and approval by the court, waive a determination of the facts by a jury and elect to be tried before the court without a jury. Except in cases of minor offenses, the waiver and election by a defendant shall be in writing signed by the defendant and filed in the case and made a part of the record. The waiver and election shall be entitled in the court and case, and in substance as follows:"I, .............., defendant in the above case, hereby voluntarily waive and relinquish my right to a trial by jury and elect to be tried by a judge of the court in which the case may be pending. I fully understand that under the laws of this state I have a constitutional right to a trial by jury."

763.4 Waiver of trial by jury; jurisdiction of judge, procedure.

In any case where a defendant waives his right to a trial by jury and elects to be tried by the judge of such court as provided in section 3 of this chapter any judge of the court in which said cause is pending shall have jurisdiction to proceed with the trial of said cause, and shall proceed to hear, try and determine such cause in accordance with the rules and in like manner as if such cause were being tried before a jury.

763.5 Acquittal on facts and merits as bar to subsequent prosecution.

No person shall be held to answer on a second charge or indictment for any offense for which he has been acquitted upon the facts and merits of the former trial but such acquittal may be pleaded or given in evidence by him in bar of any subsequent prosecution for the same offense.

763.6 Acquittal on variance, insufficiency or irregularity of indictment as bar to subsequent prosecution.

If any person who is indicted or informed against for any offense shall on his trial be acquitted upon the grounds of a variance between the indictment or information and the proof or upon any insufficiency or irregularity in the form or substance of the indictment, he may be arraigned again on a new indictment for the same offense, notwithstanding such former acquittal.

764.1 Issuance of processes; authorization for issuance of warrant; exception; making complaint for arrest warrant by electronic or electromagnetic means; proof.

(1) For the apprehension of persons charged with a felony,misdemeanor, or ordinance violation, a magistrate may issue processes to implement this chapter, except that a magistrate shall not issue a warrant for other than a minor offense unless an authorization in writing allowing the issuance of the warrant is filed with the magistrate and, except as otherwise provided in this act, the authorization is signed by the prosecuting attorney, or unless security for costs is filed with the magistrate. (2) A magistrate shall not issue a warrant for a minor offense unless an authorization in writing allowing the issuance of the warrant is filed with the magistrate and signed by the prosecuting attorney, or unless security for costs is filed with the magistrate, except if the warrant is requested by any of the following officials for the following offenses: (a) Agents of the state transportation department, a county roadcommission, or the public service commission for violations of the motor carrier act, 1933 PA 254, MCL 475.1 to 479.43, or the motor carrier safety act of 1963, 1963 PA 181, MCL 480.11 to 480.22, the enforcement of which has been delegated to them. (b) The director of the department of natural resources, or a special assistant or conservation officer appointed by the director and declared by statute to be a peace officer, for a violation of a law that provides for the protection of wild game or fish.

764.1a Complaint; allegations; swearing before magistrate or clerk; finding of reasonable cause; testimony; supplemental affidavits; basis of factual obligations; complaint alleging violation of MCL 750.81 and 750.81a or corresponding ordinance; compliance with MCL 764.1; "dating relationship" defined.

Sec. 1a.(1) A magistrate shall issue a warrant upon presentation of a proper complaint alleging the commission of an offense and a finding of reasonable cause to believe that the individual accused in the complaint committed that offense. The complaint shall be sworn to before a magistrate or clerk. (2) The finding of reasonable cause by the magistrate may be based upon 1 or more of the following: (a) Factual allegations of the complainant contained in the complaint.(b) The complainant's sworn testimony.(c) The complainant's affidavit.(d) Any supplemental sworn testimony or affidavits of other individuals presented by the complainant or required by the magistrate. (3) The magistrate may require sworn testimony of the complainant or other individuals. Supplemental affidavits may be sworn to before an individual authorized by law to administer oaths. The factual allegations contained in the complaint,testimony, or affidavits may be based upon personal knowledge,information and belief, or both.(4) The magistrate shall not refuse to accept a complaint alleging a violation of section 81 or 81a of the Michigan penal code, 1931 PA 328, MCL 750.81 and 750.81a, or a violation of a local ordinance substantially corresponding to section 81 of the Michigan penal code, 1931 PA 328, MCL 750.81, by the spouse of the victim, a former spouse of the victim, an individual with whom the victim has had a child in common, an individual with whom the victim has or has had a dating relationship, or an individual residing or having resided in the same household as the victim on grounds that the complaint is signed upon information and belief by an individual other than the victim. (5) A warrant may be issued under this section only upon compliance with the requirements of section 1 of this chapter. (6) As used in this section, "dating relationship" means frequent, intimate associations primarily characterized by the expectationof affectional involvement. Dating relationship does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.

764.1b Warrant; recitation of accusation; directions to peace officer.

Sec. 1b. A warrant issued pursuant to section 1a shall recite the substance of the accusation contained in the complaint. Except as permitted in section 1c of this chapter, the warrant shall be directed to a peace officer; shall command the peace officer immediately to arrest the person accused and to take that, person, without unnecessary delay, before a magistrate of the judicial district in which the offense is charged to have been committed, to be dealt with according to law; and shall direct that the warrant, with a proper return noted on the warrant, be delivered to the magistrate before whom the arrested person is to be taken. The warrant may also require the peace officer to summon the witnesses named in the warrant.

764.1(c) Issuing warrant or endorsing complaint if accused in custody upon arrest without warrant; finding of reasonable cause; endorsement as complaint and warrant.

Sec. 1c.

(1) If the accused is in custody upon an arrest without a warrant, a magistrate, upon finding reasonable cause as provided in section 1a of this chapter, shall do either of the following:

(a) Issue a warrant as provided in section 1b of this chapter.

(b) Endorse upon the complaint a finding of reasonable cause and a direction to take the accused before a magistrate of the judicial district in which the offense is charged to have been committed.

(2) As endorsed pursuant to subsection (1)(b), the complaint shall constitute both a complaint and warrant.

764.2a Peace officer; exercise of authority in other county, city, village, township, or university; violation involving water vessel.

(1) A peace officer of a county, city, village, township, or university of this state may exercise the authority and powers of a peace officer outside the geographical boundaries of the officer's county, city, village, township, or university under any of the following circumstances:

(a) If the officer is enforcing the laws of this state in conjunction with the Michigan state police.

(b) If the officer is enforcing the laws of this state in conjunction with a peace officer of any other county, city, village, township,or university in which the officer may be.

(c) If the officer has witnessed an individual violate any of the following within the geographical boundaries of the officer's county, city, village, township, or university and immediately pursues the individual outside of the geographical boundaries of the officer's county, city, village, township, or university:

(i) A state law or administrative rule.

(ii) A local ordinance.

(iii) A state law, administrative rule, or local ordinance, the violation of which is a civil infraction, municipal civil infraction, or state civil infraction.

765.1 Judges and district court magistrate empowered to let accused person to bail; recognizance for appearance of accused person.

(1) A judge of the circuit court, of the recorder's court of the city of Detroit, of the traffic and ordinance division of the recorder's court of the city of Detroit, of the district court, and of a municipal court, and a district court magistrate, shall have power to let an accused person brought before the judge or district court magistrate to bail pursuant to section 15 of article 1 of the state constitution of 1963 .

(2) A recognizance for the appearance of an accused person may be taken and entered into by and before the clerks of the courts listed in subsection (1), subject to the direction of the court if the amount of bail has been set by the judge.

765.3 Judges empowered to permit committed prisoners to post bail; notice to prosecuting attorney; inquiry.

A judge of the circuit court, the recorder's court of the city of Detroit, the traffic and ordinance division of the recorder's court of the city of Detroit, the district court, or a municipal court, on application of a prisoner committed for a bailable offense, andafter due notice to the prosecuting attorney for the county, may inquire into the case and permit the prisoner to post bail. Any person committed for not finding sureties to recognize for him or her also may be permitted to post bail by any of the judges listed in this section.

765.4 Admission to bail; procedure for information, same as under indictment.

Any person who may, according to law, be committed to jail or become recognized or held to bail with sureties for his appearance in court to answer to any indictment may, in like manner so be committed to jail, or become recognized and held to bail for his appearance, to answer to any information or indictment as the case may be.

765.5 Admission to bail; persons not entitled.

No person charged with treason or murder shall be admitted to bail if the proof of his guilt is evident or the presumption great.

765.6 Accused persons entitled to bail; amount of bail; considerations and findings; surety bond; surrender by
defendant of operator's or chauffeur's license as security; receipt; expiration date; extension; written notice; return
of license.

(1) Except as otherwise provided by law, a person accused of a criminal offense is entitled to bail. The amount of bail shall not
be excessive. The court in fixing the amount of the bail shall consider and make findings on the record as to each of the
following:
(a) The seriousness of the offense charged.
(b) The protection of the public.
(c) The previous criminal record and the dangerousness of the person accused.
(d) The probability or improbability of the person accused appearing at the trial of the cause.

(2) If the court fixes a bail amount under subsection (1) and allows for the posting of a 10% deposit bond, the person
accused may post bail by a surety bond in an amount equal to 1/4 of the full bail amount fixed under subsection (1) and
executed by a surety approved by the court.

(3) If a person is arrested for an ordinance violation or a misdemeanor and if the defendant's operator's or chauffeur'slicense is not expired, suspended, revoked, or cancelled, the court may require the defendant, in place of other security for
the defendant's appearance in court for trial or sentencing or, as a condition for release of the defendant on personal
recognizance, to surrender to the court his or her operator's or chauffeur's license. The court shall issue to the defendant a
receipt for the license, as provided in section 311a of the Michigan vehicle code, 1949 PA 300, MCL 257.311a. If the trial
date is set at the arraignment, the court shall specify on the receipt the date on which the defendant is required to appear for
trial. If a trial date is not set at the arraignment, the court shall specify on the receipt a date on which the receipt expires. By
written notice the court may extend the expiration date of the receipt, as needed, to secure the defendant's appearance for
trial and sentencing. The written notice shall instruct the person to whom the receipt was issued to attach the notice to the
receipt. Upon its attachment to the receipt, the written notice shall be considered a part of the receipt for purposes of
determining the expiration date. At the conclusion of the trial or imposition of sentence, as applicable, the court shall return the
license to the defendant unless other disposition of the license is authorized by law.

765.6a Cash bond or surety as condition of granting application for bail.

Before granting an application for bail, a court shall require a cash bond or a surety other than the applicant if the applicant
(1) Is charged with a crime alleged to have occurred while on bail pursuant to a bond personally executed by him; or
(2) Has been twice convicted of a felony within the preceding 5 years.

765.6b Release subject to protective conditions; contents of order; purchase or possession of firearm; entering or
removing order from law enforcement information network; order to carry or wear global positioning system
device; other orders; definitions; authority to impose other conditions not limited.

(1) A judge or district court magistrate may release under this section a defendant subject to conditions reasonably necessary
for the protection of 1 or more named persons. If a judge or district court magistrate releases under this section a defendant
subject to protective conditions, the judge or district court magistrate shall make a finding of the need for protective conditions and inform the defendant on the record, either orally or by a writing that is personally delivered to the defendant, of the specific conditions imposed and that if the defendant violates a condition of release, he or she will be subject to arrest without a warrant and may have his or her bail forfeited or revoked and new conditions of release imposed, in addition to any other penalties that may be imposed if the defendant is found in contempt of court.
(2) An order or amended order issued under subsection (1) shall contain all of the following:
(a) A statement of the defendant's full name.
(b) A statement of the defendant's height, weight, race, sex, date of birth, hair color, eye color, and any other identifying information the judge or district court magistrate considers appropriate.(c) A statement of the date the conditions become effective.
(d) A statement of the date on which the order will expire.
(e) A statement of the conditions imposed.
(3) An order or amended order issued under this subsection and subsection (1) may impose a condition that the defendant not
purchase or possess a firearm. However, if the court orders the defendant to carry or wear a global positioning system device as
a condition of release as described in subsection (6), the court shall also impose a condition that the defendant not purchase or
possess a firearm.
(4) The judge or district court magistrate shall immediately direct a law enforcement agency within the jurisdiction of the
court, in writing, to enter an order or amended order issued under subsection (1) or subsections (1) and (3) into the law
enforcement information network as provided by the C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to 28.215. If the
order or amended order is rescinded, the judge or district court magistrate shall immediately order the law enforcement agency
to remove the order or amended order from the law enforcement information network.
(5) A law enforcement agency within the jurisdiction of the court shall immediately enter an order or amended order into the law
enforcement information network as provided by the C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to 28.215, or shall
remove the order or amended order from the law enforcement information network upon expiration of the order or as directed
by the court under subsection (4).
(6) If a defendant who is charged with a crime involving domestic violence is released under this section, the judge or
district court magistrate may order the defendant to carry or wear a global positioning system device as a condition of
release. With the informed consent of the victim, the court may also order the defendant to provide the victim of the charged
crime with an electronic receptor device capable of receiving the global positioning system information from the device carried or
worn by the defendant that notifies the victim if the defendant is located within a proximity to the victim as determined by the
judge or district court magistrate in consultation with the victim. The victim shall also be furnished with a telephone contact with
the local law enforcement agency to request immediate assistance if the defendant is located within that proximity to the victim. In addition, the victim may provide the court with a list of areas from which he or she would like the defendant excluded. The court shall consider the victim's request and shall determine which areas the defendant shall be prohibited from accessing. The court shall instruct the global positioning monitoring system to notify the proper authorities if thedefendant violates the order. In determining whether to order a defendant to participate in global positioning system monitoring, the court shall consider the likelihood that the defendant's participation in global positioning system monitoring will deter the defendant from seeking to kill, physically injure, stalk, or otherwise threaten the victim prior to trial. The victim may request the court to terminate the victim's participation in global positioning system monitoring of the defendant at any time. The court shall not impose sanctions on the victim for refusing to participate in global positioning system monitoring under this subsection. A defendant described in this subsection shall only be released under this section if he or she agrees to pay the cost of the device and any monitoring of the device as a condition of release or to perform community service work in lieu of paying that cost. As used in this subsection:
(a) "Domestic violence" means that term as defined in section 1 of 1978 PA 389, MCL 400.1501.
(b) "Global positioning monitoring system" means a system that electronically determines and reports the location of an
individual by means of an ankle bracelet transmitter or similar device worn by the individual that transmits latitude and
longitude data to monitoring authorities through global positioning satellite technology but does not contain or operate
any global positioning system technology or radio frequency identification technology or similar technology that is implanted
in or otherwise invades or violates the corporeal body of the individual.
(c) "Informed consent" means that the victim was given information concerning all of the following before consenting to
participate in global positioning system monitoring: (i) The victim's right to refuse to participate in global positioning
system monitoring and the process for requesting the court to terminate the victim's participation after it has been ordered.
(ii) The manner in which the global positioning system monitoring technology functions and the risks and limitations of
that technology, and the extent to which the system will track and record the victim's location and movements.
(iii) The boundaries imposed on the defendant during the global positioning system monitoring.
(iv) Sanctions that the court may impose on the defendant for violating an order issued under this subsection.
(v) The procedure that the victim is to follow if the defendant violates an order issued under this subsection or if global
positioning system equipment fails.

765.6c Bail; cash deposit; use.

If a defendant for whom bail or bond is required personally fulfills that requirement by a cash deposit, the defendant shall
be notified that upon the defendant's conviction the cash deposit may be used to collect a fine, costs, restitution, assessment, or
other payment pursuant to section 15(2) of this chapter.

765.6d Release on bail; waiver of extradition.

(1) Except as provided in subsection (2), the court may require
an individual to sign a written waiver of extradition to this state
before releasing the individual on bail under this chapter. If the
individual fails to sign the waiver, the court may consider the
failure in determining the amount of bail to be posted by the
individual.
(2) The court shall require an individual charged with a crime for
which bail may be denied under section 15 of article I of the
state constitution of 1963 to sign a written waiver of extradition
to this state before releasing the individual on bail under this
chapter.

Section 750.13 - Enticing away female under sixteen;felony, penalty.

Section 750.81 - Assault and battery; penalties;applicability to individual usingnecessary reasonable physical force in compliance with � 380.1312 of the revised school code;

Section 750.82 - Felonious assault; violation of subsection (1) in weapon free school zone; definitions.

Section 750.83 - Assault with intent to commit murder.

Section 750.84 - Assault with intent to do great bodily harm less than murder.

Michigan Criminal Defense Lawyers

The information provided in this site is purely informational and not intended to, nor should it be construed as, legal advice. Anyone having a question concerning the law and his rights or remedies there-under should contact an attorney competent to render legal advice within the jurisdiction in which he resides. Transmission to the viewer of this website and the viewer's receipt of any information through the site is not intended to, nor does it create, an attorney/client relationship with The Law Offices of Christopher Kohler, P.C.. This includes, but is not limited to, the transmission of an e-mail message to or from Attorney Kohler. No attorney/client relationship shall exist unless and until the facts, circumstances and legal issues of a particular matter have been thoroughly discussed with Attorney Kohler and a written Attorney Fee Agreement has been fully executed by and between Attorney Kohler and the person seeking to enter into an attorney/client relationship with Kohler & Associates, P.C.