The Law Offices of Freedman & Freedman

Criminal Law F.A.Q.

what is a felony?

A felony is a more serious crime. Examples of such offenses include murder, rape, and arson. If the offense carries a potential period of imprisonment for a period of longer than one (1) year, it is usually a felony. A single conviction, even if a felony, can potentially be expunged from your record after five (5) years. However, some convictions are not eligible for expungement.

what is a misdemeanor?

A misdemeanor is a crime but considered a petty offense in comparison to a felony. Most misdemeanors are punishable by up to 93 days in jail but a high misdemeanor is punishable by up to two (2) years in prison. If you are ordered to serve time in jail for a misdemeanor, you will do so in a city or county jail rather than a penitentiary or prison. If a high misdemeanor, you can expect confinement in a prison or penitentiary.

what is the difference between a felony and misdemeanor?

The potential consequence is usually the critical factor. Usually, a felony calls for, by law, imprisonment as punishment for greater than a year. If the crime calls for punishment for a year or less, the crime is considered a misdemeanor.

will my case be dismissed if the police did not read me my rights at the time I was arrested?

Generally, the fact that your Miranda rights were not provided to you at the time of your arrest will not automatically result in the dismissal of your case. It is possible, however, that the “failure to mirandize” may result in your statements being thrown out of court so the facts and circumstances of your case must be carefully examined.

what is a grand jury and an indictment?

A grand jury is twelve (12) individuals who - presented with certain facts - must determine if a felony case will result in an indictment. An indictment is a written statement presented by the prosecutor and grand jury charging a party with the commission of a crime or other offense. Grand jury proceedings are closed to the public.

what is a pre-trial hearing?

A pre-trial hearing is held often to determine if the defendant wishes to proceed by way of a trial (bench or jury) or to negotiate a possible plea arrangement. Further, if there are motions regarding legal issues related to the case, these are often heard at the time of the pre-trial hearing and may determine how the case will proceed.

what is the difference between parole and probation?

Parole is something that can be granted by a parole board that oversees prison populations. Typically, if you have served a minimum amount of your prison sentence, a parole board will determine if you are ready to be released from incarceration to finish out your sentence on parole. If granted, you would have to abide by terms and conditions similar to those for probation outlined below. If you complete the parole period without incident, the criminal sentence is discharged.

Probation is itself a criminal sentence. In most courts, first-time offenders are considered for probation, particularly in the absence of violence. If you receive probation, it is typically given in place of a suspended jail term as long as you abide by the terms and conditions of probation. Common terms include reporting to your probation officer on a monthly basis, drug testing, required attendance at alcohol and/or narcotic abuse programs, community service, community work program and the like.

Both probation and parole can be revoked if you commit another crime or violate the terms of your program. This very often results in a period of incarceration as punishment.

is there a difference between rape and sexual assault?

Rape is typically used as a generic term for an unwanted sexual act. The laws in this area generally do not incorporate the term “rape” but rather utilize the terms “sexual abuse” or “sexual assault” to define certain unlawful sexual acts. It is important to recognize, however, that traditional rape is very much covered by these laws which also cover many more kinds of sexual acts which are quantified by degrees. For example, a lesser offense, such as unwanted touching or lascivious acts, may be included in the definition of sexual assault.

is there any difference between murder and manslaughter?

Yes.

murder is defined by law as the unlawful, intentional killing of another person.

first degree murder is a homicide committed with premeditation or in the course of a serious felony. Second degree murder and third degree murder involve lesser degrees of intent.

manslaughter is defined by law as the unlawful, unintentional killing of another person. There are two (2) categories of manslaughter:

voluntary manslaughter any homicide resulting from an intentional act done without malice or premeditation and while in the heat of passion or on sudden provocation.
involuntary manslaughter
involves an element of unlawful recklessness or negligence.

what is a white collar crime?

White collar crimes currently focus on actions committed in association with business. These types of crimes typically involve using illegal acts involving deceit to obtain property or services or to gain a business or professional advantage. Some white collar prosecutions involve tax evasion or tax fraud. Other types of white-collar crimes are prosecuted under the RICO Act (Racketeer Influenced and Corrupt Organization Act). The purpose of the act is to combat the infiltration of organized crime into legitimate businesses but has also been frequently used to punish anyone who engages in a pattern of racketeering to generate income to buy or conduct a business.

what Michigan cities and counties do you regularly practice in?

We regularly practice in the following cities and counties although this list is not meant by any means to be exclusive:

Oakland County
Auburn Hills, Berkley, Beverly Hills, Bingham Farms, Birmingham, Bloomfield Hills, Bloomfield Twp., Clarkston, Clawson, Commerce Twp., Davisburg, Farmington, Farmington Hills, Ferndale, Franklin, Groveland, Hazel Park, Highland Twp., Holly, Huntington Woods, Independence, Keego Harbor, Lathrup Village, Lake Angelus, Lake Orion, Madison Heights, Milford, Novi, Oak Park, Orchard Lake, Ortonville, Oxford, Pleasant Ridge, Pontiac, Rochester, Rochester Hills, Royal Oak, Southfield, South Lyon, Springfield, Sylvan Lake, Troy, Walled Lake, Waterford, West Bloomfield, Wixom, Wolverine Lake.

Macomb County
Armada Twp., Bruce Twp., Chesterfield Twp., Center Line, Clinton Twp., Eastpointe, Fraser, Harrison Twp., Lenox Twp., Macomb Twp., Memphis, Mt. Clemens, New Baltimore, New Haven, Ray, Richmond, Romeo, Roseville, Shelby, St. Clair Shores, Sterling Heights, Utica, Warren, Washington.

Wayne County
Allen Park, Belleville, Canton, Dearborn, Dearborn Heights, Detroit, Ecorse, Flat Rock, Garden City, Gibraltar, Grosse Ile, Grosse Pte., Highland Park, Hamtramck, Harper Woods, Huron Twp., Inkster, Lincoln Park, Livonia,, Melvindale, Northville, Plymouth, Redford, River Rouge, Riverview, Rockwood, Romulus, Southgate, Sumpter Twp., Taylor, Trenton, Van Buren Twp., Wayne, Westland, Woodhaven, Wyandotte.

Washtenaw County
Ann Arbor, Ypsilanti

Genesee County
Fenton, Flint, Flushing, Grand Blanc, Mt. Morris, Swartz Creek

Ingham County
Lansing, East Lansing

Monroe County
Monroe

Saginaw County
Saginaw

Livingston County
Howell