| Misdemeanors
and Felonies
What
is a misdemeanor?
What is a felony?
What is the difference between a
felony and a misdemeanor?
What are white-collar crimes?
What are my rights if I am stopped,
searched, or arrested by the police?
The police did not read me my
rights when I was arrested. Will my case be dismissed?
What is the difference between
manslaughter and murder?
What is the felony murder rule?
What is a grand jury?
What are interrogatories?
What is a deposition?
What is a pretrial hearing?
What
is a misdemeanor?
A misdemeanor is a petty offense. It is a less serious
crime than a felony, punishable by less than a year of
confinement. Most misdemeanors are punishable by up to
93 days in jail but a high misdemeanor is punishable but
up to two years in prison. The confinement for anything
other than a high misdemeanor is in a city or county
jail, rather than a penitentiary/prison.
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What
is a felony?
A felony is a serious crime, such as arson or murder. In
addition, if the law provides for imprisonment for an
offense that is longer than one year, the offense is
usually considered a felony. A felony arrest remains on
your record forever and can be used against you for
sentencing purposes on future cases, regardless if you
were guilty or innocent of that previous charge. In
Michigan a single conviction, even if a felony, can be
expunged after five years. Some convictions are
ineligible for expungement.
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What
is the difference between a felony and a misdemeanor?
Generally, the potential punishment is the deciding
factor in whether a crime falls into one category or the
other. If imprisonment for longer than a year is the
punishment provided by law, it is usually considered a
felony. If the potential punishment is for a year or
less, then the crime is considered a misdemeanor.
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What
are white-collar crimes?
White-collar crime is a term that is usually applied to
crimes associated with business that do not involve
violence or bodily injury to another person. Many
federal white-collar prosecutions are for tax crimes,
such as tax evasion, failure to file income tax returns,
or tax fraud.
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What
are my rights if I am stopped, searched, or arrested by
the police?
Your rights are as follows:
- You
have the right to ask why you have been stopped.
- The
police may "pat-down" your clothing if
they suspect you are carrying a concealed weapon,
but you have the right to refuse any additional
search.
- If
you are arrested in Michigan the police must tell
you that you have the right to remain silent and the
right to talk to a lawyer once you are in custody.
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The
police did not read me my rights when I was arrested.
Will my case be dismissed?
Failure to advise you of your Miranda rights does not
automatically result in dismissal of the case against
you. It is possible to get your statements thrown out in
certain circumstances, but you should discuss the facts
of your case fully with a knowledgeable and experienced
criminal law attorney at Paul J. Tafelski, P.C. Please
contact us today to discuss your case.
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What
is the difference between manslaughter and murder?
Manslaughter is the unlawful, unintentional, killing of
another person.
Manslaughter
is commonly divided into two categories:
- Voluntary
manslaughter - encompasses 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.
Murder
is the unlawful, intentional killing of another person.
First-degree murder is a homicide committed with
premeditation or in the course of a serious felony
(e.g., kidnapping). Second- and third-degree murder
involve lesser degrees of intent.
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What
is the felony murder rule?
The felony murder rule states that "any death which
occurs during the commission or attempt to commit
certain felonies, including arson, sexual offenses,
burglary, robbery or kidnapping, is first-degree murder
and all participants in the felony can be held equally
culpable, including those who did no harm, had no
weapon, and did not intend to hurt anyone".
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What
is a grand jury?
A grand jury consists of twelve citizens who consider
whether felony cases should lead to indictments. Grand
jury proceedings are generally closed to the public, and
witnesses take an oath of secrecy before testifying.
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What
are interrogatories?
Written questions prepared by one party in a lawsuit, to
be answered under oath by the other party (or parties).
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What
is a deposition?
A formal interview under oath in the presence of a court
reporter. The answers in a deposition are oral.
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What
is a pretrial hearing?
If an indictment is returned by a grand jury in a felony
case, the case will then be scheduled for a pretrial
hearing. At the pretrial hearing the defendant and his
attorney usually advise the judge whether the defendant
wants a trial or will plead guilty. Also, if a trial is
desired, it is determined if a jury will be required.
Certain motions concerning legal issues may also be
heard at a pretrial hearing.
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