Criminal Defense

Handcuffs

When you find yourself in trouble with the law, you have a lot of questions.  You need an experienced person to defend you and your rights. I have zealously represented clients through a wide variety of cases from traffic tickets to Homicide.   

Immediate Concerns:

Bond - Once you are arraigned, a bond will be set

  • A PR or Personal Recognizance bond where you do not have to post any money 
  • A Cash bond where an amount is posted with the court (this amount can be returned to you or used toward fines)
  • A Surety bond where a Bondsman posts the bond for you and you pay their fee.  No money is returned to you.
  • Bond conditions - bonds may have conditions, for instance, imposing no contact with the alleged victim or drug or alcohol testing.

Your Rights:

  • You have the Right to Remain Silent - use it! Do not discuss your case with others; they can be called to testify against you.
  • You have the Right to have an Attorney represent you - You need experience and knowledge you can trust.
  • You have the Right to Defend against the charges including the right to call witnesses, testify, and present evidence.

What you should know regarding the process:

  • Civil Infractions - actions which require a fine, but do not have a possibility of jail.
    • Once my appearance is filed with the court, the court will set a date for a formal hearing where the officer must appear and testimony is taken.
  • Misdemeanor Charges - crimes punishable by up to one year are considered misdemeanors.
    • The court sets a pretrial hearing where the prosecutor reviews the case and may offer a plea bargain to a lesser charge.
    • Jury Trial
  • Felony Charges - crimes punishable by more than one year in jail.
    • A Probable Cause Conference (PCC) must be held within 5 days of arraignment where the Prosecutor, Defense Attorney and Defendant meet to discuss a plea bargain and whether a Preliminary Exam will be held.
    • A Preliminary Exam, if not waived, is held within 7 days of the PCC where the Prosecutor must show through testimony of witnesses and officers that you probably committed the crime charged.  If that is shown, the case is bound over to Circuit Court.
    • Circuit Court Arraignment - A formal reading of the charges and entry of plea (generally standing mute unless a plea bargain is agreed to)
    • Circuit Court Pretrial - Court finding out what is needed in the case regarding a time frame for trial, pretrial motions and discovery.
    • Circuit Court Jury Trial 
Kimberly Fink 500 W. Cedar Ave. Gladwin, MI 48624 T: (989) 426-8535 F: (989) 426-8591