Advice Of Rights - Pleading Guilty - Michigan Criminal Lawyer - Josh Jones - Specializing In All Felonies & Misdemeanors

Pleading Guilty – What Is It?

If you plead guilty or no contest, you give up your right to claim that it was not your choice to plead and/or that there were any promises, threats, or inducements to plead other than what is stated on the record in open court.

If you plead guilty or no contest to a controlled substance offense, to certain alcohol-related offenses, to certain traffic-related offenses, or for failing to pay child support, your driver’s license may be suspended or revoked.

If you plead guilty or no contest to certain criminal offenses, there may be a resulting loss or restriction of a professional license; of the ability to obtain/retain certain licenses, permits, or employment; of eligibility for public/military service and/or benefits; of eligibility for public funds, including welfare benefits and student loans/grants/tax credits; of eligibility for public housing; of the right to vote; and of eligibility for jury duty.

Federal and/or state law may prohibit you from possessing or purchasing ammunition or a firearm (including a rifle, pistol, or revolver) if you are convicted of a felony or if you are convicted of a crime of violence and you are a current or former spouse, parent, or guardian of the victim; you share a child in common with the victim; you are or were cohabiting with the victim as a spouse, parent, or guardian; or you are or were involved with the victim in another similar relationship.

It is always possible that there may be collateral consequences not included within this advice of rights. You are encouraged to conduct an independent search relating to the possible consequences noted above and for possible additional consequences related to your case and to discuss these with your attorney and, if necessary, with the court before the entry or rejection of any plea.

Specific Criminal Topic & Pleas

Immigration Issues

If you are not a legal citizen of the United States or were born in another country, your plea of guilty or no contest can result in deportation or otherwise affect your ability to remain in the United States. Regardless of whether deportation is applicable in your case, a conviction may affect your ability to enter into another country, including Canada.

Assaultive Crimes

Under MCL 770.9a, a defendant convicted by plea, verdict, or judgment of an assaultive crime shall be detained and shall not be admitted to bail unless the trial court finds by clear and convincing evidence that the defendant is not likely to pose a danger to other persons. Under MCL 770.9b, a defendant convicted of sexual assault of a minor (under age 16) shall be detained and shall not be admitted to bail.

Firearms & Crimes

Under MCL 750.239, violations of MCL 750.222 et seq. require forfeiture of the firearm or weapon. Michigan law also includes several distinct forfeiture acts relating to specific types of offenses including, but not limited to, controlled substances, firearms, gambling, motor vehicles, public employees, and a generic forfeiture act, MCL 600.4701 et seq.

DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON.