Best Criminal Defense Attorneys in Rochester Hills

FAQs

• What is the non-emergency contact number for the local police station in Rochester Hills, Michigan?

  For non-emergency concerns in Rochester Hills, call the Oakland County Sheriff's Office at (248) 858-4950 or (248) 537-3530.

• Where can I get a copy of police reports for incidents related to my case in Rochester Hills, Michigan?

  You can pick up copies of police incident and crash reports from the Oakland County Sheriff's Office substation in Rochester Hills. Reports are typically available three to five days after the incident. The first page of the copy costs $4, and each page thereafter is $1.

  Rochester Hils Substation: 750 Barclay Circle Rochester Hills, Michigan 48307 Open Monday to Friday 7:00 a.m. to 6:00 p.m.

  Report copies are also available at the Sheriff's Office Records Division, 1201 N. Telegraph Road, Pontiac, MI 48341.

• What is the Clean Slate Act, and how does it benefit your criminal conviction in Rochester Hills, MI?

  More people in Rochester Hills can have their criminal convictions expunged thanks to the Clean Slate Act, which was passed in October 2020. Under this legislation, certain marijuana convictions and the majority of first-time OWI convictions are now eligible for expunction. Previously, traffic offenses cannot be removed. This act also permits the expungement of a person's criminal records for up to three felonies and an unlimited number of misdemeanors. In the past, only one felony can be expunged.

• Will you be imprisoned for resisting arrest in Rochester Hills, MI?

  Yes. In Rochester Hills, resisting arrest is a felony that carries a two-year prison sentence. The punishment is increased to four years in prison if the incident left a police officer injured. It becomes a 15-year felony if a police officer suffered serious body function impairment. For instances where an officer is killed, the guilty individual is sentenced to 20 years in prison.

• Is it illegal to grow marijuana for personal use in Rochester Hills, and will you go to prison for it?

  Yes, you can face civil or criminal charges for growing marijuana, even if it’s for personal use. Cultivating up to 24 counts of marijuana plants is a civil infraction. You will not go to jail, but will be fined up to $500. However, if you were cultivating 25 or more marijuana plants, it becomes a misdemeanor. Misdemeanors in Rochester Hills can result in prison time, particularly if you already have previous offenses.

• Is there a statute of limitations for filing criminal charges in Rochester Hills, MI?

  Yes. Six years from the day the alleged crime occurred is the general statute of limitations for many felonies and misdemeanors in Rochester Hills. Criminal charges filed after the statute has lapsed could be dismissed. For serious crimes, such as sexual offenses, kidnapping, and attempted murder, the statute of limitations is 10 years. Note that there are no limitations for cases where the offender is still unidentified and for severe crimes like murder, terrorism, and first-degree rape.

• Will your case in Rochester Hills be dismissed if the victim no longer wants to press charges?

  No. It is the prosecutor, not the alleged victim, who is filing the charges against you on behalf of the Michigan state. The victim is the prosecutor’s witness providing factual information upon which the charges are based. Prosecutors in Rochester Hills can proceed with the case even if the victim refuses to testify if there is evidence of the crime. Victims withdrawing from the case can backfire as the prosecutor may suspect manipulation and work harder to get you convicted.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.