What types of diversion programs exist for criminal charges in Michigan?

Consent Calendar:  For juvenile offenders (currently under age 17), certain offenses qualify for a diversion in which the minor is neither fingerprinted nor officially “adjudicated,” and instead he/she is offered a chance to prove the charge should not proceed.  If the minor complies, there is no formal finding of responsibility and no adjudication/conviction. 

H.Y.T.A.:  An age-based diversion program (officially known as the “Holmes Youthful Trainee Act”) for adults 17-23 who plead guilty to certain offenses (currently, traffic and motor vehicle code offenses such as drunk driving do not qualify) and have their cases shielded from public view and ultimately dismissed upon successful completion of probation. 

MCL 333.7411:  A drug possession diversion program for first-offender possession cases. 

MCL 769.4a:  A diversion program for domestic violence cases (alternatively known as the “Spousal Abuse Act”), which notably requires the consent of the prosecutor. 

Prosecutor Diversion/Delayed Sentence Programs:  Many city/township and state prosecutor’s offices have their own built-in programs in which they will consider a charge “Under Advisement” or will delay sentencing upon successful compliance with conditions of bond or probation. 

Interested in finding out more? Read about diversion programs for Michigan criminal offenses on our website!

Attorney Consultation Questions

For potential clients looking for help in a criminal justice case in and around Ann Arbor, ask these questions:

• “Do you offer a free telephone or office consultation?”
• “Will this consultation be pressure/obligation free?”
• “Will you discuss fees and offer a plain, easy-to-understand Fee Agreement during the consultation?”
• “Will you plainly discuss my case so that I understand my options?”

At GLG Michigan, we answer each of these questions with a resounding “yes!”  The last thing you need during a time of need is to feel intimidated or uncertain.  The idea of a consultation to make sure both sides feel comfortable moving forward, and at our firm, we believe a client should not have to pay for that.  We’re confident that you’ll make the best choice for representation after discussing the matter with us and understanding your options---whether it’s with us, or with another attorney. 

Learn more here!

What Qualifies as a Wrongful Death and Who Can File a Lawsuit?

When your loved one is killed by the negligent, intentional, or criminal act of another person or entity, your family may be able to bring a Wrongful Death lawsuit. There are many common types of Wrongful Death Lawsuits, including the following:

• Automobile accidents; motorcycle/pedestrian accidents
• Death caused by negligent/careless drivers
• Death caused by drunk drivers
• Intentional and accidental shootings
• Slip/fall and defective products
• Dog attacks leading to death
• Medical negligence/malpractice
• Work-related and construction deaths

MCL Section 600.2922 is known as the “Wrongful Death Act,” and it governs who can file; which family members have priority to do so; the legal procedures and requirements for filing; and the types of…. Read more.

Are you Running Out of Time? Don’t Miss Important Deadlines for Filing a Wrongful Death Lawsuit in Michigan!

You could be running out of time to file a wrongful death lawsuit. For many of the most common actions, including automobile accidents, the statute of limitations is three (3) years after the death. Some actions, including governmental liability, require filing within two (2) years. It’s important to consult with a specialized wrongful death attorney soon after the tragic death of your loved one to avoid missing deadlines, but also to obtain/preserve evidence that might be important to the preparation of the case.

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HOW DOES CRIMINAL PROSECUTION DIFFER FROM A CIVIL LAWSUIT IN WRONGFUL DEATH CASES?

The person who files the wrongful death case must be appointed by the probate court. This is called the “personal representative or Plaintiff.” This person is usually a close relative of the victim, such as a parent, child, or spouse.  Occasionally, the court will appoint a trustee or administrator. Note that a civil lawsuit is different from a criminal prosecution, where the State (through a prosecuting attorney) brings charges. Often the criminal case and wrongful death civil case proceed at the same time and are structurally very similar.

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WHAT IS A WRONGFUL DEATH IN ANN ARBOR?

Not every attorney has the experience, skill and reputation to handle a wrongful death case.  After all, there is no greater time of need for a respected, aggressive, and intelligent attorney than when a loved one is killed by the negligent or criminal act of another person. After the shock, grief and anger begin to subside, you may find yourself asking:

“What is a ‘wrongful death’?”

“Wrongful death” is a legal term for a civil lawsuit in which damages are sought against another person who caused a death. The lawsuit is typically filed by close relatives of the victim against the other party, either directly or against the company, business or other entity that caused the death. The lawsuit seeks monetary….

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