Michigan OWI marijuana, 1st offense

[M_Crj_1337]

Over the weekend I was arrested for OWI. I'm a male college student, 25, in Michigan. I admitted to everything and submitted to a blood test. I spent the weekend in jail as I couldn't post bond. I was told I would be going to court on Monday morning. Instead, on Monday, I was released from the jail and told that I "would get something in the mail." It's been a few days and nothing has arrived yet. I wanted to talk to the public defender, but I have to wait for my court arraignment which I'm still waiting for information on. I'm getting conflicting advice for what to plead at arraignment. Some say just plead guilty, which I'm inclined to do since they my admission and the blood test. Some say plead Not Guilty so I get a chance to plead for a lighter sentence. I applied for drug substance abuse counseling, not that I actually need it since I don't smoke much, but I did it to try to show initiative to the judge and show that I'm seeking restitution. I'm guessing at arraignment I'm going to be read the charges and asked what I plead. I want to talk to the public defender for advice, but I can't until AFTER arraignment. At least that's what I took away from the lady at the PD's office. Maybe I misinterpreted something. This is my first offense and I have a perfect record prior to this arrest. Tomorrow morning I will try to call the court and see if I can get an update or more information. What do I do, and what am I to expect?

 

[quincy]

Over the weekend I was arrested for OWI. I'm a male college student, 25, in Michigan. I admitted to everything and submitted to a blood test. I spent the weekend in jail as I couldn't post bond. I was told I would be going to court on Monday morning. Instead, on Monday, I was released from the jail and told that I "would get something in the mail." It's been a few days and nothing has arrived yet. I wanted to talk to the public defender, but I have to wait for my court arraignment which I'm still waiting for information on. I'm getting conflicting advice for what to plead at arraignment. Some say just plead guilty, which I'm inclined to do since they my admission and the blood test. Some say plead Not Guilty so I get a chance to plead for a lighter sentence. I applied for drug substance abuse counseling, not that I actually need it since I don't smoke much, but I did it to try to show initiative to the judge and show that I'm seeking restitution. I'm guessing at arraignment I'm going to be read the charges and asked what I plead. I want to talk to the public defender for advice, but I can't until AFTER arraignment. At least that's what I took away from the lady at the PD's office. Maybe I misinterpreted something. This is my first offense and I have a perfect record prior to this arrest. Tomorrow morning I will try to call the court and see if I can get an update or more information. What do I do, and what am I to expect?

In what County in Michigan will your case be heard?

Your plan to call the court tomorrow to find out from the court clerk if your OWI arraignment has been scheduled yet is a good idea.

I recommend you plead NOT guilty until you have the chance to speak to an attorney in your area.

 

[TigerD]

Over the weekend I was arrested for OWI. I admitted to everything and submitted to a blood test. .... What do I do, and what am I to expect?

1. Stop talking.
2. Shut up.
3. Do not answer questions without your attorney present.
4. If you attorney allows you to answer questions, get a new attorney.
5. You don't know if you are guilty or not. That is a legal question that you are not competent to discern.
6. Stop talking.
7. What are they testing for in the blood test? Blood tests don't discern between current intoxication and prior use. Talk to an attorney. Interview attorneys to find one that understands the science.
8. Pay for an attorney that knows the science and is willing to fight. The National College for DUI Defense is a great source to find DUI attorneys. So is National Association of Criminal Defense Lawyers (NACDL).
9. It is expensive. In rural Missouri, a DWI-drug defense at trial can run $5-10k.

TD

 

[M_Crj_1337]

1. Stop talking.
2. Shut up.
3. Do not answer questions without your attorney present.
4. If you attorney allows you to answer questions, get a new attorney.
5. You don't know if you are guilty or not. That is a legal question that you are not competent to discern.
6. Stop talking.
7. What are they testing for in the blood test? Blood tests don't discern between current intoxication and prior use. Talk to an attorney. Interview attorneys to find one that understands the science.
8. Pay for an attorney that knows the science and is willing to fight. The National College for DUI Defense is a great source to find DUI attorneys. So is National Association of Criminal Defense Lawyers (NACDL).
9. It is expensive. In rural Missouri, a DWI-drug defense at trial can run $5-10k.

TD

I should have clarified, I had admitted to smoking to the police officer and submitted to a blood test right after I was arrested. I was trying to go with complete honesty since I'm naive and this was my first arrest so I didn't want to try to lie and have it bite me later on. Besides that I didn't say anything to anyone, mostly because I was in a jail cell until I was released. I want to talk to an attorney more than anything, but after I was released I tried to talk to the public defender. I don't have any money so I wouldn't be able to afford anyone. They said they can't talk to me until I've been arraigned. That's why I'm confused and anxious. I don't want to plead guilty or not guilty until I talk to a lawyer but I can't do that until after the arraignment where I'm supposed to make a plea.

 

[quincy]

I should have clarified, I had admitted to smoking to the police officer and submitted to a blood test right after I was arrested. I was trying to go with complete honesty since I'm naive and this was my first arrest so I didn't want to try to lie and have it bite me later on. Besides that I didn't say anything to anyone, mostly because I was in a jail cell until I was released. I want to talk to an attorney more than anything, but after I was released I tried to talk to the public defender. I don't have any money so I wouldn't be able to afford anyone. They said they can't talk to me until I've been arraigned. That's why I'm confused and anxious. I don't want to plead guilty or not guilty until I talk to a lawyer but I can't do that until after the arraignment where I'm supposed to make a plea.

What County in Michigan were you arrested? It makes a difference in how your case will be handled by the prosecutor and the judge.

If you are a student at one of the major colleges or universities, you could find legal assistance through the college legal department/legal clinic or you could find defense attorneys near campus or in the city who offer discount rates and payment plans for students.

Here is a link to the law you are said to have violated:
http://legislature.mi.gov/doc.aspx?mcl-257-625

And here is a video you should view. Carefully consider the advice offered (although you probably have said more than you should have already):

If you tell me the County, I may have some resources and additional information.

 

[Taxing Matters]

4. If you attorney allows you to answer questions, get a new attorney.

I do not agree that talking is never a good idea. There are times in which talking may indeed be in the interest of the suspect and in those circumstances an attorney will have good reason to recommend doing so. The attorney should be able to explain in those circumstances what the advantage is of talking to law enforcement.

So I would say never talk to the police until you have talked to an attorney and the attorney has provided a good reason for doing it. If the attorney recommends talking to the police and cannot give a sound reason why, that is when I would say to fire the attorney.

 

[quincy]

I know you are a criminal defense attorney, Tiger D, and I respect your advice, but I agree with Taxing Matters on your point number 4. Talking is not always a bad thing.

I definitely agree you should ONLY talk about the incident that led to your arrest when your attorney has advised you to do so and, then, only when your attorney is present. And under the described circumstances, I can see no reason why any attorney would advise talking.

 

[M_Crj_1337]

What County in Michigan were you arrested? It makes a difference in how your case will be handled by the prosecutor and the judge.

If you are a student at one of the major colleges or universities, you could find legal assistance through the college legal department/legal clinic or you could find defense attorneys near campus or in the city who offer discount rates and payment plans for students.

Here is a link to the law you are said to have violated:
http://legislature.mi.gov/doc.aspx?mcl-257-625

And here is a video you should view. Carefully consider the advice offered (although you probably have said more than you should have already):

If you tell me the County, I may have some resources and additional information.

This happened in Chippewa county. The thing with the attorney is that I am insanely poor. I have 0 savings and have been having issues with roommates lately so every single of my paychecks lately has gone to rent and late bills, and even then I'm coming up short. This is why I want to talk to a public defender, I really have no other choice. I did call the court on Friday to check in on what's going on. They're saying they haven't received charges yet and are most likely waiting on the results of the blood test. I feel like a complete idiot for admitting to smoking to the police. I had no idea I could just be silent but I was afraid of denying anything and was hoping that if I went for complete honesty it would help. Plus I was thinking in my half zonked out state that if I lied about anything it might come back to bite me. For now I'm still in this limbo of waiting for my court arraignment to come in the mail and I'm still straining over what to plead. I've heard from multiple people to plead not guilty for a chance of a lighter sentence, and I heard from another guy who went through some drug stuff that pleading not guilty would make the district attorney mad and I shouldn't do that. I was also talking to a coworker who has had multiple DUIS and when he learned that I was released from jail without going to court that it was a good sign and that I shouldn't worry about jail time because if there was a chance of that, they wouldn't have let me out. He said they might even say "time served" and be done with it. I don't want to assume anything or get my hopes up though. Another question: when I get my court stuff in the mail, can I then take that to the public defender for counsel or do I have to wait to talk to them until after the arraignment. That's my main worry right now is what to plead but I don't want to plead either way until I can talk to someone but from what was explained to me that's not possible with the public defender until after the initial arraignment. It seems like a catch 22 and I'm supposed to just make a decision on my own. I have to say it's tempting to just say "guilty" and try to be done with it. There's no way I'm getting out of this considering I spilled the beans to the cop on the scene and submitted to that blood test which will 100% show I had THC in my system.

 

[Taxing Matters]

Plus I was thinking in my half zonked out state that if I lied about anything it might come back to bite me.

You have the right to remain silent — to refuse to answer questions (other than perhaps identifying yourself) — when stopped by police. And unless otherwise advised by your attorney you should remain silent in that situation. But if you do speak it is certainly true that lying can come back to bite you if they discover the lie. All the more reason to just say nothing at all.

I've heard from multiple people to plead not guilty for a chance of a lighter sentence, and I heard from another guy who went through some drug stuff that pleading not guilty would make the district attorney mad and I shouldn't do that.

You have the right to plead not guilty and make the state prove its case against you. Until you meet with an attorney, you should do that rather than plead guilty. So at your initial arraignment, that is the safer approach. Pleading not guilty leaves all your options open. You can then get your public defender and review your case with him/her. You can work out a plea deal with the prosecutor at any time up to trial.

People plead not guilty all the time and prosecutors are used to that. If this particular prosecutor for some irrational reason gets mad about it, so what? He's not your friend; he's your adversary. He'll get over it soon enough.

I was also talking to a coworker who has had multiple DUIS and when he learned that I was released from jail without going to court that it was a good sign and that I shouldn't worry about jail time because if there was a chance of that, they wouldn't have let me out.

He's not a lawyer and his own personal experiences, although perhaps informative about some possibilities, really doesn't help you much in terms of what will happen in your case. Each defendant's case is a bit different. You need to talk about this to a lawyer familiar with DUI cases to get a really good sense of what your options are and what is likely to happen to you. Do not talk to anyone else about the facts of your DUI. Talking to others can't help you but certainly could hurt you. Don't rely on nonlawyers for legal advice about your case. They likely are not as well informed about the law and procedure as they might like to think they are. Relying on their advice can lead you astray.

 

[quincy]

This happened in Chippewa county. The thing with the attorney is that I am insanely poor. I have 0 savings and have been having issues with roommates lately so every single of my paychecks lately has gone to rent and late bills, and even then I'm coming up short. This is why I want to talk to a public defender, I really have no other choice. I did call the court on Friday to check in on what's going on. They're saying they haven't received charges yet and are most likely waiting on the results of the blood test. I feel like a complete idiot for admitting to smoking to the police. I had no idea I could just be silent but I was afraid of denying anything and was hoping that if I went for complete honesty it would help. Plus I was thinking in my half zonked out state that if I lied about anything it might come back to bite me. For now I'm still in this limbo of waiting for my court arraignment to come in the mail and I'm still straining over what to plead. I've heard from multiple people to plead not guilty for a chance of a lighter sentence, and I heard from another guy who went through some drug stuff that pleading not guilty would make the district attorney mad and I shouldn't do that. I was also talking to a coworker who has had multiple DUIS and when he learned that I was released from jail without going to court that it was a good sign and that I shouldn't worry about jail time because if there was a chance of that, they wouldn't have let me out. He said they might even say "time served" and be done with it. I don't want to assume anything or get my hopes up though. Another question: when I get my court stuff in the mail, can I then take that to the public defender for counsel or do I have to wait to talk to them until after the arraignment. That's my main worry right now is what to plead but I don't want to plead either way until I can talk to someone but from what was explained to me that's not possible with the public defender until after the initial arraignment. It seems like a catch 22 and I'm supposed to just make a decision on my own. I have to say it's tempting to just say "guilty" and try to be done with it. There's no way I'm getting out of this considering I spilled the beans to the cop on the scene and submitted to that blood test which will 100% show I had THC in my system.

Thank you for providing your County name, M_Crj_1337.

Please don't plead "guilty" just to get the whole thing over with. That can be a decision that affects your life in many unpleasant ways. Wait to speak with your attorney first or plead "not guilty" until you can get an attorney.

Here is contact information for the Chippewa County Public Defender's Office: https://www.chippewacountymi.gov/public-defender

If you fill out the intake form and qualify for a public defender, the attorney can help you after your arraignment. I recommend you call the Office early Monday for instruction.

The prosecutors and judges in Chippewa County are not the ones in the State that have caused public concerns over how they (mis)handle offenders - so in that you are fortunate.

Good luck.