On this page you will find general answers to common questions asked by defendants in criminal cases. Nothing contained on this page is intended as legal advice nor does it create an attorney-client relationship between any person and this office. The information contained on this page is for reference purposes only and may not apply to your specific case. For specific answers to your questions you should contact an attorney.
What is the difference between a civil infraction, misdemeanor and felony?
In Michigan, offenses that bring a person into court come in 3 varieties. The least severe is civil infractions, which are usually matters like a parking ticket or a speeding ticket.
Civil infractions are, as the name suggests, civil matters. Admitting responsibility to a civil infraction does not result in a criminal record or conviction.
The next level are misdemeanors. In Michigan, misdemeanors are crimes punishable by up to 1 year in jail and or 2 years of probation. Felonies are the highest level of crime and a broadly defined as any crime punishable by more than 1 year of incarceration and or up to 5 years of probation. Felonies are the only crimes for which an individual can be sent to prison. Additionally, there is a sub-category of felony called a high-court misdemeanor. A high-court misdemeanor are punishable by up to 2 years in prison and or 5 years of probation. A high-court misdemeanor is a felony for criminal justice purposes, but a misdemeanor for civil purposes. After being convicted of a high-court misdemeanor a person does not have to state he or she has been convicted of a felony on job applications or other questionnaires but the conviction is otherwise treated as a felony.
Should I talk to the police?
Every person who has watched a crime procedure show has heard the line "you have the right to remain silent. Anything you say can and will be used against you." The important thing to remember about this is that what you say will be used against you. If you are interacting with the police it is extremely unlikely that you are going to be able to talk your way out of the situation. The best thing you can do is clearly assert your right to silence, request an attorney, and politely refuse to answer any questions.