Free dc213.pmd - Michigan

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STATE OF MICHIGAN JUDICIAL DISTRICT

CASE NO. ADVICE OF RIGHTS
Court telephone no.

Court address

1. You have been brought to court on a misdemeanor charge. You have the following basic rights: a. To plead guilty or not guilty or to stand mute. If you stand mute, a plea of not guilty will be entered. You may plead no contest with the permission of the court. b. To have a trial by judge or jury. c. To have the assistance of an attorney. 2. You have the right to an attorney appointed at public expense if you are indigent (without money to hire an attorney) and if a. the offense charged requires a minimum jail sentence, or b. the court determines that it might sentence you to jail. 3. You may have to repay the expense of a court-appointed attorney. 4. If you have a trial, you have the following rights: a. To call witnesses to speak for you at trial. You may get an order signed by the court to require witnesses to come to court. b. To see, hear, and question all witnesses against you at trial. c. To be a witness for yourself or to remain silent. If you choose not to be a witness on your own behalf, the prosecuting official may not comment on your refusal to testify. d. To be presumed innocent until proven guilty beyond a reasonable doubt. 5. If you plead guilty or no contest and your plea is accepted, you will not have a trial of any kind and will give up the rights listed in items 2 and 4 above. 6. You have the right to be released on bond. 7. If you are now on probation or parole and you enter a plea of guilty (or no contest) or a finding of guilt is made by judge or jury, it may result in a violation of your probation or parole. 8. You can be sentenced up to 93 days in jail and fined up to $500.00 plus costs, or both unless otherwise advised by the court. (The court will advise you if there is a minimum jail sentence.) 9. Fines, costs, and other financial obligations imposed by the court must be paid at the time of assessment. 10. 11. Possible sentences and license actions in alcohol or substance abuse/driving and retail fraud cases are shown on the other side of this form. An appeal to circuit court may be taken within 21 days from date of sentence or as permitted pursuant to MCR 6.625(B). If the sentence includes incarceration and if you wish to file an appeal but are financially unable to retain a lawyer, the court will appoint a lawyer to represent you on appeal, if the request for a lawyer is made within 14 days after sentencing. If you require special accommodations to use the court because of disabilities, or if you require a foreign language interpreter to help you to fully participate in court proceedings, please contact the court immediately to make arrangements. Federal law and/or state law may prohibit you from possessing or purchasing ammunition or a firearm (including a rifle, pistol, or revolver) if you are convicted of a misdemeanor crime of violence and you are a current or former spouse, parent, or guardian of the victim; you share a child in common with the victim; you are or were cohabitating with the victim as a spouse, parent, or guardian; or you are or were involved with the victim in another, similar relationship.

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Defendant signature Defendant name (print) Address City, state, zip Telephone no.

DC 213 (1/08)

ADVICE OF RIGHTS

MCL 750.504, MCL 770.3, MCR 1.110, MCR 6.610, 18 USC 922(g)(9)

CONSEQUENCES OF CONVICTION OF ALCOHOL OR SUBSTANCE ABUSE/DRIVING OFFENSE A. Criminal Penalties for Conviction of Operating While Intoxicated, Operating While Impaired, and Operating With Presence of Drugs OFFENSE Operating While Intoxicated First Offense Operating While Impaired First Offense Operating With Presence of Drugs - First Offense Any of the above with Prior Conviction* $200.00 to $1000.00 fine plus costs and 1 or more of the following: · 30 to 90 days community service · 5 days to 1 year in jail FINES $100.00 to $500.00 fine plus costs Up to $300.00 fine plus costs $100.00 to $500.00 fine plus costs JAIL Up to 93 days Up to 93 days Up to 93 days COMMUNITY SERVICE Up to 360 hours Up to 360 hours Up to 360 hours

*Prior Conviction means conviction under MCL 257.625(1), (3), (4), (5), (6), (7), (8), and (25) and MCL 257.625m.

B. Screening and Additional Costs. All convictions for alcohol-related driving offenses require the judge to order the defendant to undergo screening for substance abuse, and rehabilitation may be part of any sentence, all at defendant's expense. [MCL 257.625b(5)] In addition, the defendant may be ordered to pay the costs of prosecution. [MCL 257.625(13) ] C. License Suspensions and Restrictions. Possible license sanctions may be imposed by the Secretary of State based upon the master driving record maintained by the Secretary of State under MCL 257.204. [MCL 257.625b(4)] Sentences and licensing actions also apply to a person convicted of an attempted violation of any of the offenses listed above as if the offense had been completed. [MCL 257.204(b)]

CONSEQUENCES OF CONVICTION OF RETAIL FRAUD

OFFENSE Retail Fraud - 2nd Degree (goods valued at least $200.00 but less than $1,000.00) Retail Fraud - 3rd Degree (goods valued less than $200.00)

FINES Not more than $2,000.00 or 3 times the value of the property whichever is greater, plus costs Not more than $500.00 or 3 times the value of the property whichever is greater, plus costs

IMPRISONMENT Imprisonment for not more than 1 year

Imprisonment for not more than 93 days