Should I Talk to the Police?

Should I Talk to the Police

Lansing Michigan Criminal Defense Lawyer

The police come knocking on your door or perhaps a detective calls and asks you to come down to the station. He just wants to talk. Ask you some questions. Should you go? The answer is “No!” At least, not without consulting with a lawyer first. Here are some of the reasons why you should never talk to the police without first consulting with an attorney.

The police might misunderstand you

Talking to the police is somewhat unnerving for most people. Just because the police use the word “talk” rather than “interrogate” doesn’t make it any less intimidating. The police are trained in the art of interrogation and know how to get information out of people. Most people don’t express themselves with exact precision. If you say something that the officer misunderstands or comes out with a different meaning than what you intended, it will be used against you.

The police may not accurately remember everything you say

Even if the officer takes notes during the interrogation, er… talk, it is quite possible, if not highly probable, that he won’t remember everything your say verbatim. Missing statements leads to lack of context which leads to misunderstandings. Or worse, the police may inaccurately recall what you said. The officer may also make incriminating inferences about your gestures, body language, and attitude that may be inaccurate.

You may lie to the police

Under the pressure and stress of a police interrogation, innocent people have been known to lie, even if it’s inadvertently. It happens quite frequently. Innocent people, in an attempt to vehemently assert their innocence, may deny some seemingly innocent fact to appear as innocent as possible. The police will pounce on any lie you tell, no matter how trivial. It can destroy your credibility at trial and make you look guilty.

Even if you’re innocent and tell the truth, you could still reveal information that could be used against you

For example, let’s say you are being questioned about a murder you are truly innocent of. In the course of denying the killing, you could admit to having a strong dislike for the victim and being in the area of the killing around the time of the murder. Now the police and prosecutor are armed with motive and can place you at the scene of the crime. Things like this easily snowball and you can find yourself being charged with a crime you didn’t commit.

You might confess to a crime you didn’t commit

Police are very skilled at the art of interrogation. Not only do they know how to illicit incriminating information through deceit, threats, and false promises, but they can also use physical techniques such as barraging you with questions for hours on end, depriving you of sleep and bathroom breaks. This has led to many false confessions, especially to those who may not have the mental and physical wherewithal to withstand a hostile interrogation. Next to false identification, false confessions are probably the second biggest reason why innocent people get convicted.

It’s difficult to tell a story the same way twice

Even for a completely innocent and honest person, it is quite difficult to tell a story the exact same way twice. The slightest slip or discrepancy on even the most trivial matter gives fodder for a great cross-examiner to expounded upon at trial to show that you are a liar and inconsistent in your story. This can be very damaging infront of a jury, even if it is completely innocent.

Even if you are guilty and want to confess, you shouldn’t do it to the police

At least not right away. There will be time for confessing and admitting responsibility later if that is what you want to do. More than 90% of cases end up pleading out. It is better to retain a lawyer who can exchange a benefit for your guilty plea through plea negotiations with the prosecutor. You may get a reduction in the charge(s) or a sentencing agreement. If you confess to the police, you get nothing in return. In fact, your chances of getting a good plea deal or any kind of deal at all may be gone because with your confession the prosecution’s case is air tight, or at least a lot stronger than it was.

Nothing good can come from talking to the police

Or at the least, it’s unlikely. Think of it this way, when the police ask to talk to you it’s generally one of two scenarios. First scenario: they believe you committed a crime and they have the goods on you. They don’t need your confession, but it will be icing on the cake. By confessing, incriminating yourself, or being contradictory, all you’ve done is made a strong case for the police even stronger. Second scenario: They believe you committed a crime and they don’t have the goods on you or they have very little on you. It’s a fishing expedition. By talking to the police, all you can do is provide them with ammunition to be used against you as mentioned above in the many reasons given why you shouldn’t talk to the police. All you’ll be doing is helping the police build a case against you and dig a deeper hole for yourself. Even if you are innocent, it is unlikely you are going to change their mind by talking to them.

You Have the Right to Remain Silent

Under the Fifth Amendment you have the right to remain silent. Use it! No one ever has to talk to the police. Ever. Even when you get pulled over all you are required by law to do is provide your driver’s license, proof of insurance, vehicle registration, and step out of the car if they ask you to. No talking is required. If the police come knocking on your door, you still don’t have to talk to the police. If the police ever ask you to come to the station and talk, always consult with a lawyer first. If not, it may be too late for a lawyer to undo the damage you’ve done by voluntarily speaking to the police. Remember, Miranda warnings are not required if you voluntarily speak to the police because you are not being detained by the police.

Lansing Michigan Criminal Defense Attorney

If the police have asked you to talk or take a polygraph (lie detector test) call Austin Legal Services, PLC at (517) 614-1983 for a free consultation today!

Defending criminal charges throughout Michigan in the counties of Ingham, Eaton, Clinton, Gratiot, Livingston, Jackson, Washtenaw, Calhoun, Kalamazoo, Shiawassee in the cities of Lansing, East Lansing, Mason, Charlotte, St. Johns, Ithaca, Jackson, Brighton, Howell, Ann Arbor, Kalamazoo, Battle Creek, Corunna, Durand.

Insanity Defenses


Insanity Defense

Lansing Michigan Insanity Defense Criminal Lawyer

If charged with a crime, you may be able to use insanity as a defense to the crime if you lacked the mental capacity to realize what you were doing was wrong and you could not conform your behavior to the standards of the law. Despite its frequent depiction in movies and pop culture as a common tool by the defense in criminal trials, in real life it rarely happens. It is even rarer to use it successfully. A defendant that has a mental health history, is being treated with psychotropic medications, or lacks memory of the events that occurred should discuss the possibility of an insanity defense with an experienced Michigan criminal defense attorney as a possible plea option or trial strategy.

Legal Insanity

The definition that law uses for legal insanity is different than what we might think it would be. A defendant is considered legally insane if he suffered from significant mental health problems at the time the charged offense occurred. It means the defendant is not capable of forming the intent necessary to be found guilty of crimes, specifically those that require a specific intent element. Insanity is a complete defense and a successful insanity defense means the defendant is acquitted. However, that does not mean he is completely let go and off the hook.

It is defined under the Mental Health Code as someone who because of mental illness or mental retardation “lacks substantial capacity either to appreciate the nature and quality of the wrongfulness of his conduct, or conform his conduct to the requirements of the law.” Insanity is a substantial thought or mood disorder that impairs a person’s judgment, behavior, or capacity to recognize reality or cope with the ordinary demands of life. Retardation refers to significantly sub-average intellectual functioning. If either of these exist and made it so a person cannot understand that his actions are wrong, he may be found not guilty by reason of insanity.

Diminished Capacity and Guilty but Mentally Ill

Diminished capacity is a “mental abnormality less severe than insanity.” It is still used by many jurisdictions. The Michigan Supreme Court nixed diminished capacity as a possible defense in 2011 so it is no longer an option in Michigan. Although, mental conditions at the time of the offense can still be relevant in many ways. Guilty but Mentally Ill is another plea option. It is different than the standard insanity defense as it is not a defense to the crime; the defendant is still found guilty and can be imprisoned. The only benefit is that the Department of Corrections has the option to give the inmate special accommodations for mental health treatment and any confinement in a mental health facility will count towards his prison sentence.

Notice of Special Defense

Insanity is a special defense that the defendant must give advance notice of using both to the court and the prosecutor. There will be a mandatory psychiatric evaluation, usually at the Forensic Center for Psychiatry around Ypsilanti, Michigan. The defendant should also provide a list of doctors who will testify as well as any previous diagnosis and mental health history. Not Guilty by Reason of Insanity (NGRI) is an affirmative defense, meaning it is a rare instance in which the defendant has a burden of proof. Normally a defendant is not required to prove or disprove anything. Affirmative or special defenses must be proven by a preponderance of the evidence. It is a low standard that is usually reserved for civil cases.

If the defendant disagrees with the findings of the Forensic Center, the defendant may petition the judge for another independent evaluation or the defense may hire their own expert to conduct a forensic evaluation. The prosecution is entitled to seek another independent evaluation of the defendant as well upon motion to the judge if they disagree with the findings of the Forensic Center.

What Happens If a Defendant is Found Not Guilty by Reason of Insanity?

Despite the popular misconceptions, a defendant that is found not guilty by reason of insanity is not let off the hook and free to go back out into society. Far from it. After a successful insanity defense, the defendant must immediately report to the Forensic Center (where the initial evaluation took place) for a period of 30 days. During this period the defendant will be observed, monitored, and treated to see if he is safe to re-enter society. If the Forensic Center does not feel the defendant is mentally stable to come out, they must petition the court and state the reasons why. A court hearing will be ordered and the probate judge will make the decision on whether to keep or release the defendant. If the judge decides the defendant shall remain in the Forensic Center or some other facility, the judge will determine the length of the new period and schedule a review hearing. Once a successful insanity plea is entered, the jurisdiction of the defendant is transferred from the criminal court to the probate court.

The insanity defense is very complex and quite confusing. It can only be raised as a defense at trial if the court allows it. The problem with the insanity defense as many potential jurors do not realize that finding a defendant not guilty by reason of insanity does not mean they are thrusting a crazy person back out into society. A lot of jurors may be leery of voting not guilty by reason of insanity for that reason. The problem is that defense attorneys cannot inform the jury that there is a mandatory evaluation period by law that the judge has no discretion over. It is possible that some defendants may end up in a mental hospital for many years, even longer than the jail or prison sentence could be for the crime they were charged with. Some may even stay there for the rest of their lives. There has been a public outcry and backlash against the insanity defense since John Hinckley, Jr. successfully used the defense for his attempted assassination of President Reagan.

Michigan Insanity Defense Attorney

If you have been charged with a crime, you need to discuss the possibility of an insanity defense and other options with an experienced Michigan criminal defense attorney. Call Austin Legal Services, PLC today at (517) 614-1983 for a free consultation.

Defending misdemeanor and felony criminal charges throughout Michigan in the counties of Ingham, Eaton, Clinton, Gratiot, Calhoun, Kalamazoo, Jackson, Livingston, Washtenaw, Kent, Shiawassee in the cities of Lansing, East Lansing, Mason, Charlotte, St. Johns, Ithaca, Battle Creek, Brighton, Howell, Ann Arbor, Grand Rapids, Corunna, Durand, Kalamazoo, Jackson.

Diversion Programs and Delayed Sentences

Diversion Program

Lansing Michigan Criminal Defense Attorney

When convicted of a crime, it will remain on your record forever. Usually. The good news is that not everyone has to worry about having their career or future ruined because of one bad choice or an error in judgment. The Michigan legislature has recognized that some people deserve a second chance and shouldn’t have their clean slate tarnished for every future employer to see. There are some ways you can keep a criminal conviction off your record. Some only apply to certain ages or certain offenses. These are known as diversion programs and deferred or delayed sentencing.

Diversion Programs

Diversion programs are a way for defendants to keep a criminal matter off their public record without having to plead guilty or go to trial. They are usually for low level offenses such as misdemeanors and non-violent felonies. Each court has its own criteria for diversion. There will be limits as to the types of offenses that are permitted and there may be residency requirements. The programs are usually reserved for first-time offenders. It is not an expungement, which is removing a conviction from your record after it has been on your record for a period of time. Diversion programs and delayed sentencings are better than expungements because if successful, the file is suppressed (non-public) from the beginning.

The way it works is that the prosecutor will dismiss your case without prejudice (meaning it can be re-filed) upon the contingency that you successfully complete the diversion program. Again, each court is different but it usually involves classes, fines, and community service. The length of the diversion and the types of class you participate in are determined by the type of offense. If you successfully complete diversion, the prosecutor will not re-file the charges and the matter will not appear on your public record. Diversion is frequently used for shoplifting or retail fraud, theft offenses, and sometimes non-violent felonies. An experienced Michigan criminal defense attorney that is familiar with your court should be able to tell you if you are eligible for diversion and can help you get in.

Holmes Youthful Trainee Act (HYTA)

The Youthful Trainee Act (HYTA or YTA) is a special sentencing option available to defendants who commit crimes between the ages of 17 and 24. The age requirements are strict. If you commit a crime at 12:01 a.m. on your 24th birthday, you are not eligible. Not every offense is eligible for HYTA either. Youthful Trainee Status cannot be given for any offense that has a potential life sentence (murder, armed robbery), criminal sexual conduct, a major controlled substance offense (drug dealing or possession with intent to deliver), or a traffic offense (OWI, Reckless Driving). Also, if the offense occurs between the ages of 21 and 24 the prosecutor must agree to HYTA or else the judge has no authority to grant it. Upon successful completion of your sentence, you will not have a public record of the offense. You must plead guilty in order to get HYTA, meaning you cannot receive it by pleading no contest or by being found guilty at trial. You can receive it more than once, but be wary that many judges are reluctant to give it multiple times.

7411 for First Offense Use or Possession of Controlled Substance

Under MCL 333.7411, you can receive a deferred conviction for possession of a controlled substance or use of a controlled substance. In other words, it only applies to drug use or drug possession. It cannot be given for any other controlled substance offense such as maintaining a drug house, possession with intent to deliver, etc. There is no age requirement but the caveat is it can only be granted once in your lifetime. Like HYTA, upon successful completion of your sentence (usually probation) you will not have a public record of the offense. Not only does it keep your record clean, but it prevents the mandatory driver’s license sanctions as well. You maintain a clean slate and keep your license. Unlike HYTA, you do not necessarily have to plead guilty to get 7411. You can request it if you have been found guilty at trial. However, be aware that many judges are hesitant to do so, especially if the prosecutor was agreeing not to object to your 7411 petition as an enticement for pleading guilty. It’s a risk you take.

769.4a for Domestic Violence Charges

Under MCL 769.4a, you can receive a deferred sentence for a domestic violence conviction provided that you have no prior assault convictions. Probation is the usual sentence but there could be some jail. Often you will have to take some sort of anger management classes or alcohol or drug treatment if they believe that is a problem. Like HYTA and 7411, you will have no public record of the offense if you successfully complete your sentence. Like 7411, you only get to use it once.

Minor in Possession of Alcohol (MIP)

For first offense MIP charges, a defendant can be granted a deferred sentence under statute, meaning he will not have a public record upon successful completion of probation which could include community service, alcohol prevention programs, and an alcohol substance abuse assessment. It can only be granted once.

Delayed Sentence

If you are eligible and the prosecutor and judge both agree, the sentence on your conviction may be delayed up to a year. In the meantime, you will be placed on probation under standard bond or probation conditions. After the year is up, you come back to court and your conviction can either be reduced to a lesser charge (misdemeanor or civil infraction) or in some cases completely dismissed, depending on what your agreement was. It is also commonly used in failure to pay child support cases.

Again, this is usually for first time offenders who are given on opportunity to show the court they are not likely to reoffend or commit crimes. You cannot get a delayed sentence for murder, treason, criminal sexual conduct in the first or third degrees, a major controlled substance offense, or armed robbery.

Michigan Sentencing Attorney

If you are charged with a crime, there may be options available to you that could keep your record clean. That means you can honestly tell future employers, colleges, and landlords that you have not been convicted of a crime. Michigan even has a law preventing employers from asking potential employees about misdemeanor convictions that have been diverted or deferred. This is something to discuss with your Michigan criminal defense lawyer if you find yourself being accused of a crime. A bad decision does not have to place an eternal scar on your record. If facing criminal charges, contact Austin Legal Services, PLC today at (517) 614-1983 to speak to a Michigan criminal defense attorney!


Defending criminal charges throughout Michigan in the counties of Ingham, Eaton, Clinton, Gratiot, Jackson, Shiawassee, Livingston, Kent, Washtenaw, Barry in the cities of Lansing, East Lansing, Mason, Brighton, Howell, Jackson, St. Johns, Ithaca, Grand Rapids, Ann Arbor, Hastings, Corunna, Durand.

Collateral Consequences of Failure to Pay Child Support

Child Support 2

Lansing Failure to Pay Child Support Defense Attorney

Aside from the penalties we talked about in the last blog entry regarding the direct consequences of being convicted of failure to pay child support (prison, fines, probation) there are collateral or secondary consequences as well.

Immediate Income Withholding—Your employer will be required, if ordered, to deduct earnings from your paycheck and submit it to the Friend of the Court. Those payments will be divided and applied to your current child support order, arrears, alimony, and fees. Up to 50% of your net income can be withheld. There is an interstate agreement throughout the United States to enforce child support obligations from other states. You cannot escape your obligation simply by moving away to another state.

Tax Offset—Your state and federal income taxes can be seized and applied to an outstanding child support order.

Bank Account Lien—Your bank accounts can be frozen.

Credit Reporting—Your arrears can be reported which will affect your credit score.

Driver’s License Suspension—Your driver’s license can be suspended as well as sporting licenses (hunting, fishing) and professional licenses (day care).

Passport Denial and Suspension—This will be done through an automated system.

Incarceration—A judge or referee can order you to appear and “show cause” for why you should not be held in contempt for failing to obey a court order. You can be sentenced to jail for contempt of court.


Can I Make a Motion to Modify My Child Support Order?

Yes, and you should if you have had a chance in income, liabilities, or job that could get your order of support lowered, Keep in mind that even if successful, it will only change your order of support going forward from the day of the motion. It doesn’t have retroactive application unless you can prove that the original order was erroneous to begin with. Even that can be hard to win on because if that was the case you should have noticed it and motioned the court earlier.


Can the Other Parent Waive the Arrears?

Maybe. The parent can request to waive the arrears but the court will inquire as to why the parent believes this is in the best interest of the child. Some judge’s will allow it while others will not. If the other parent is receiving governmental assistance, they will not be able to waive the arrears unless the parent is willing to forego the governmental assistance as the government makes pursuing arrears and child support a contingency of receiving government aid.


Will a Change in Custody or Parenting Time Help?

Yes, a change in custody, parenting time, or overnight visits will help reduce your child support order.


Can My Arrear Payments be Lowered?

You can ask the court to lower your monthly payment on your arrears, but not the actual amount of the arrears. If you cannot afford the current monthly payment and a lower one would be more manageable, you can motion the court to do that.


Once you fall behind on your child support obligations, it doesn’t take long for an avalanche of consequences to come falling down and you can quickly get smothered if you fail to act in a timely manner.


Hiring the right attorney can make a difference. A skilled attorney can argue for a bond reduction so you can continue to work and pay arrears while the case is pending. An experienced attorney can persuade even a reluctant judge to agree to a suspended sentence which can help you take advantage of good plea negotiations. A criminal defense attorney can also spot inaccuracies or defenses that can be raised that could improve your case.


If you have been charged with failure to pay child support (FTPCS), we can help. There may be options available to make your burden lighter and stop the incessant array of incidental consequences that follow getting behind on child support. We are experienced in arguing for bond reductions, modifying the payment amounts, correcting the arrears total, and successful plea negotiations and suspended sentences. Call Austin Legal Services, PLC today at (517) 614-1983 to speak to our Michigan criminal defense attorney about your case.


Representing clients throughout Michigan in the counties of Ingham, Eaton, Clinton, Shiawassee, Lenawee, Kent, Livingston, Jackson, Gratiot, Washtenaw in the cities of Lansing, East Lansing, Mason, Holt, St. Johns, Bath, Delta Township, Lansing Township, Hastings, Ithaca, Corunna, Grand Rapids, Howell, Brighton, Jackson, Ann Arbor.



Failure to Pay Child Support (FTPCS)

Child Support


Lansing Michigan Criminal Defense Attorney


If you have been ordered by the court to pay support for a current or former spouse or for the support of your child and you do not make those support payment or you do not make them on time, you can be charged with failure to pay child support. Failure to pay child support is not only a felony which carries hefty fines and possible prison time, but a lot of collateral consequences as well. It can have a devastating impact on your life and finances.


What the Prosecutor Has to Prove


The elements that the prosecutor has to prove are relatively simple as far as crimes go. They will have to prove the following:


1)    The was an order of support

2)    You received notice of that order of support

3)    You failed to make the payments as ordered or in the timeframe as ordered




The penalties you face if convicted are up to four years in prison and $2,000 in fines.

The court can and most likely will order you to pay the cost of extradition if Michigan had to come and get you from another state. That is why it is best to turn yourself in if you know you have a warrant.




There is a special bond schedule if you are charged with failure to pay child support. According to statute, bail must be set at $500 or 25% of your arrears (the amount of support you are behind on) until the time of your arraignment. After arraignment, that bond is to remain unless good cause is shown. The court can set a cash bond up to 100% of the arrears plus court costs under the Support and Parenting Time Enforcement Act. MCL 552.631.


Suspended Sentence


Upon conviction, the court may suspend sentence if bond has been posted with sureties to the court. A suspended sentence is when the court accepts a plea, but holds off on sentencing the defendant for a period of time. Usually the defendant will come back for sentencing in 11 months as that is the statutory maximum. That gives the defendant an opportunity to pay off the arrears and if the defendant meets the conditions of the plea, at the time of sentencing the conviction may be reduced to a lesser charge or defendant may receive a better sentence such as no jail, depending on what the agreement was.


Caveat: not all judges will do suspended sentences, even for this charge. In that case, you will have a much shorter time to come up with the money before sentencing.


You will be under bond conditions pending the sentencing. As a condition of bond while the sentence is suspended, the court must order the defendant to comply with the support order. If the defendant does not comply with the support order, the court may order the defendant to appear and “show cause” why they should not impose sentence and enforce the bond. After the hearing the court may enforce bond, impose sentence, or both.


It is vitally important that you make every effort to make timely monthly payments not only toward the arrears but the current order as well. If not, you are technically committing another crime by not making your monthly support obligations which could get you brought in for a showcause or nix the bargain you made with the prosecutor.


Plea Negotiations


This is one of the few types of cases (maybe the only one) where the plea deals are pretty straight forward and across the board regardless of jurisdiction or the circumstances. Depending on whether you are being prosecuted by the state through the county prosecutor or the Attorney General’s Office there may be some variance in the plea offers but usually not that much.


The general offers are dependent on how much of the arrears you can pay off. If you can 50% of the arrears off by the time of sentencing (an obvious advantage of the delayed sentencing), the charge will be reduced to the crime of Attempted Failure to Pay Child Support which lowers it from a felony to a high court misdemeanor. That cuts the prison time in half from four years to two years. If all of the arrears are paid by the time of sentencing, the case will be dismissed. I’ve seen some variations along the way which will include misdemeanors from time to time but by and large negotiations usually go something like that. It’s also a case where the prosecutor is more in control than normal because there are so few defenses to the charge. If you had an order of support against you that you knew about and didn’t pay for whatever reason, they got you and they know it. You can refuse and push it all the way but it’s going to be a half day trial for them and they can then ask the judge to hammer you at sentencing. However, the defendant does have some leverage in that this is one of the few cases that you can literally buy your way out of. It is also a good argument against the judge sentencing you to jail because if you are locked away behind bars, you can’t work and pay off your arrears which means your child or children suffer even more.

Will I Go to Jail


Many people wrongly assume that no judge will ever place them in jail for this offense because it denies you the ability to pay off your child support arrears. While that might make sense on a certain level, it is completely accurate. If you were willing and able to pay your child support obligation you probably wouldn’t have ended up with this charge in the first place. Also, some are delinquent for many years which renders many judges un-sympathetic to your case. A lot of judges feel that jail is not only appropriate punishment but a “wake-up call” that will shock you back onto the straight and narrow pathway. Don’t assume that a judge will not sentence you to jail for failure to pay child support because it simply isn’t true. It is important to keep in mind that if you do not follow-up with making timely payments or fail in honoring other conditions of your probation you can be sentenced to prison.




There aren’t many defenses to this charge but there are some. It isn’t enough that there was an order of support that you didn’t pay; you had to have notice of it. If you were never served with a copy of the order or they cannot prove you were served with a copy of the order, you would have a valid defense. If you can prove that the order was not lawfully rendered or entered against you, which would be another defense. There have been cases where paternity has been fraudulently established and thus renders the order of support void. Sometimes the arrears will be figured incorrectly. Defendants have also been able to prove proof of payment that for some reason the Friend of the Court did not record. That is why it is important to keep receipts, check stubs, money orders, or bank account information that can prove you paid it. Anything to mitigate the case against you will help.


There is recent caselaw that states that “impossibility” to pay is a defense. That is not to be confused with “inability.” Impossibility is an immensely high standard to demonstrate because you would essentially have to prove that not only is it impossible for you to pay now, but that you will never be able to pay as long as you live. Don’t get your hopes up on this one.


Non Defenses


There are also some things that people believe are defenses that aren’t.


It is not a defense if you didn’t pay because you were broke, lost your job, or had no money. Your remedy is to petition the Friend of the Court to modify your order of support to reflect the change in circumstances. You can ask them to modify it to zero if necessary.


It is not a defense for you to withhold child support because the other parent is denying you parenting time. Your remedy is to file a motion with the court to hold the other parent in contempt and request an order for make-up parenting time.


Signing off on your parental rights will not end the obligation either. Your parental rights include parenting time and sharing in decision-making that affects the child’s life, upbringing, education, etc. Your parental obligations include support and providing care for your child. The one exception this is if the child is adopted because then the adopting parent steps into your role and is now obligated to provide support and care for the child.


There are a lot of collateral consequences that go along with failing to pay your child support order. We will talk about these in more depth in another blog entry.


If you have been charged with failing to pay child support or spousal support, you need to be represented by an experienced Michigan criminal defense attorney. We can argue for a bond reduction to allow you to work and pay arrears while the case is pending as well as look for any defenses that can be raised. If you are facing a FTPCS charge, call Austin Legal Services, PLC today at (517) 614-1983 to speak to our criminal defense lawyer about your case.


Representing clients throughout Michigan in the counties of Ingham, Eaton, Clinton, Shiawassee, Lenawee, Kent, Livingston, Jackson, Washtenaw in the cities of Lansing, East Lansing, Mason, Holt, St. Johns, Bath, Delta Township, Lansing Township, Hastings, Corunna, Grand Rapids, Howell, Brighton, Jackson, Ann Arbor.



Being Charged as an Habitual Offender

Habitual Offender Lansing Criminal Defense Lawyer

Habitual Offenders


Under Michigan law (MCL 769.13) a defendant can be charged as an habitual offender if he has been previously convicted of one or more felonies. If defendant has one prior felony conviction he be charged as an habitual second offender, if defendant has two prior felony convictions he can be charged as an habitual third offender, and if has three or more prior felonies he can be charged as an habitual fourth offender. These serve as sentencing enhancers and increase the maximum penalty for the underlying offense.


Sentencing Enhancers


Being charged as an habitual offender increases the possible maximum penalty for the main offense you are charged with. If charged as an habitual second offender– the maximum penalty is increased by 25%, habitual third offender– the maximum penalty is increased by 50%, habitual fourth offender– the maximum penalty is doubled or increased by 100%. For example, if you are charged with possession of cocaine, you normally face a maximum sentence of four years in prison. If charged as an habitual second offender, that penalty increases to six years, eight years as an habitual third offender, and 15 years as an habitual fourth offender. If the underlying offense you are charged with has a maximum penalty of 15 years or more and you are charged as an habitual fourth offender, it increases the maximum penalty to life in prison. Habitual offender notices can have a serious impact on the outcome of your case and plea negotiations.


Notice Requirement


Prosecutors are required by statute to give timely notice to the defendant that they will seek an enhanced sentence by adding the habitual offenses to the charge or charges in the complaint. The prosecutor must provide written notice of the intent to add habitual offense notices to the complaint within 21 days of the defendant being arraigned on the information or complaint. If the arraignment is waived, it must be filed within 21 days of the filing of the underlying offense.


Proving the Prior Conviction


If the defendant is disputing the validity of the prior offenses, upon filing a motion the defendant can request the court to require the prosecution to offer proof of the prior offenses by a preponderance of the evidence either at the time of or sometime prior to sentencing. This can be done in one of several ways:


  • A copy of the judgment of conviction
  • A transcript of a prior trial, plea hearing, or      sentencing
  • A copy of the register of actions
  • Information contained in a presentence      investigation report (PSI)
  • An admission by the defendant


Sometimes prosecutors receive inaccurate information such as a charge that was dismissed or pled down to a lesser charge or a charge that is incorrectly listed as a felony conviction. Sometimes convictions will get confused with a defendant with the same or similar name. Birth dates and criminal tracking numbers can be good ways to dispute those.


How Prior Offenses Effect Your Case


Being charged as an habitual offender effects your case in several ways. Not only does it make your case more severe by increasing the penalty, but it gives the prosecutor more bargaining power. For example, if you are charged with possession of cocaine, a lot of prosecutors will offer a plea to the lesser charge of cocaine use (a misdemeanor downgraded from a four-year felony) as an enticement to avoid trial. If the same defendant is charged with cocaine possession as an habitual offender, then the prosecutor can merely offer to drop the habitual offenses (“habs”) or lower the amount of habs and still plead guilty to the felony charge. Being charged as an habitual offender can often mean the difference from walking away with a felony or misdemeanor conviction. It makes negotiations much tougher. It also increases the likelihood of going to prison or going to prison much longer if you run the gambit of going to trial and lose.


What Type of Offenses Count for Habituals?


Any conviction for a felony or attempted felony counts. Even if the attempted felony is punishable by up to one year in jail. For example, there are several two-year felonies that can be pled down to one-year crimes but can be counted as an attempted felony for purposes of the habitual offender notices. The two-year felonies count as well.


Can out-of-state convictions be counted? Yes, they can. The problem arises sometimes when the punishment or classification isn’t identical to Michigan’s. For example, what may be a felony in Michigan may be a misdemeanor in another state or vice-versa. That makes it increasingly difficult, if not nearly impossible to decide if or how to charge the defendant. Many times prosecutors will simply not add the out-of-state convictions as habs in those instances because it’s too ripe for challenge.


Being charged with a felony is bad enough, but being charged as an habitual offender makes it much worse. That’s why it is more important than ever to have an experienced criminal attorney representing you to negotiate effectively or challenge the prior convictions or the notice of the prior conviction. Call Austin Legal Services, PLC today at (517) 614-1983 to speak to our Michigan criminal defense lawyer.


Defending criminal charges throughout Michigan in the counties of: Ingham, Eaton, Clinton, Jackson, Shiawassee, Washtenaw, Livingston, Barry, Kent, Gratiot in the cities of: Lansing, East Lansing, Mason, Okemos, Haslett, Bath, St. Johns, Charlotte, Jackson, Corunna, Ann Arbor, Grand Rapids, Brighton, Howell, Ithaca.