Today we explore some questions I've received from potential clients with cases in Ann Arbor. In this mailbag we explore delays in prosecution in Ann Arbor, sleeping at the wheel of your car and Miranda rights with MIP offenses.
Question: I've been arrested in Ann Arbor, but I haven't been charged yet. What's the delay? What should I expect from the Ann Arbor Police Department and the Prosecuting Attorney?
Answer: Sorry to hear about your recent arrest in Ann Arbor. It's quite common to be arrested, but not charged for days, weeks or even months. If your case involved drugs or alcohol testing, there might be a delay for test results. The police department will complete their investigation then send the case to either the Washtenaw County Prosecuting Attorney or the City of Ann Arbor Prosecutor. This will depend upon your charges and your criminal record. I handle cases in the investigation stage and when clients are charged.
Question: Is it really drunk driving to be sleeping in my car when the police arrive?
Answer: Well it depends upon a few factors. It will depend if your engine was on, and where your car was located when the police arrived. It's quite different to be sleeping at a stop light with the engine on, and sleeping in your car with the engine off in a legally parked spot. The law pretty much looks at whether your vehicle was in danger of crashing or causing a collision with other vehicles and pedestrians. The prosecutors in Ann Arbor will look at this factor in deciding whether or not to charge you, but if it's a close call, they may charge you and let you battle to get your case dismissed.
Question: I was arrested for an MIP, but was never given my Miranda rights, can I get my case dismissed?
Answer: No, unfortunately lack of Miranda rights really has nothing to do with being charged with a crime like an MIP unless your statements are the only evidence against you. All Miranda does is inform you of your rights to remain silent, and that may not even apply during the original investigation on scene. By the time Miranda would kick in, the police most likely had some evidence against you indicating your violation of the law for Minor in Possession. If you tested positive for alcohol, had alcohol, smelled like alcohol, or admitted to drinking alcohol during your conversation with the police officer, lack of Miranda probably doesn't affect any of this evidence being admissible against you. Many people think lack of Miranda means a dismissal - it does not - that's something you see on television, which rarely will get a case dismissed in Michigan. At most your admissions under certain circumstances may be inadmissible and evidence found based on these statements, but for an MIP this probably does not apply.
Question: I've been arrested in Ann Arbor, but I haven't been charged yet. What's the delay? What should I expect from the Ann Arbor Police Department and the Prosecuting Attorney?
Answer: Sorry to hear about your recent arrest in Ann Arbor. It's quite common to be arrested, but not charged for days, weeks or even months. If your case involved drugs or alcohol testing, there might be a delay for test results. The police department will complete their investigation then send the case to either the Washtenaw County Prosecuting Attorney or the City of Ann Arbor Prosecutor. This will depend upon your charges and your criminal record. I handle cases in the investigation stage and when clients are charged.
Question: Is it really drunk driving to be sleeping in my car when the police arrive?
Answer: Well it depends upon a few factors. It will depend if your engine was on, and where your car was located when the police arrived. It's quite different to be sleeping at a stop light with the engine on, and sleeping in your car with the engine off in a legally parked spot. The law pretty much looks at whether your vehicle was in danger of crashing or causing a collision with other vehicles and pedestrians. The prosecutors in Ann Arbor will look at this factor in deciding whether or not to charge you, but if it's a close call, they may charge you and let you battle to get your case dismissed.
Question: I was arrested for an MIP, but was never given my Miranda rights, can I get my case dismissed?
Answer: No, unfortunately lack of Miranda rights really has nothing to do with being charged with a crime like an MIP unless your statements are the only evidence against you. All Miranda does is inform you of your rights to remain silent, and that may not even apply during the original investigation on scene. By the time Miranda would kick in, the police most likely had some evidence against you indicating your violation of the law for Minor in Possession. If you tested positive for alcohol, had alcohol, smelled like alcohol, or admitted to drinking alcohol during your conversation with the police officer, lack of Miranda probably doesn't affect any of this evidence being admissible against you. Many people think lack of Miranda means a dismissal - it does not - that's something you see on television, which rarely will get a case dismissed in Michigan. At most your admissions under certain circumstances may be inadmissible and evidence found based on these statements, but for an MIP this probably does not apply.
