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Legal Self Defense Ii

Legal Self Defense Ii image
Parent Issue
Day
11
Month
June
Year
1971
OCR Text

Legal Self Defense II

[Photo]

By Don Peyote and Maxwell Silverhammer

Being charged and arraigned, pleas, misdeameanors, and felonies, getting bailed out.

When you get busted, the law says that you must be arraigned or taken before a judge and charged with a crime within seventy-two hours. This is usually the case, although every once in a while this law is ignored. If a friend can get in touch with a lawyer, he or she can keep the cops from doing this to you.

At your arraignment, the judge will ask you to enter a plea. It is usually best to plead not guilty or to stand mute (in which case a plea of not guilty is entered for you) at the arraignment. If you have no way of raising bail, a plea of not guilty may mean that you will serve more time awaiting trial than you would if you pleaded guilty and got sentenced that day. At your arraignment you will be told the charges against you. There are three basic types of charges: simple misdemeanors (most traffic violations, disorderly conduct, Ann Arbor city dope charges, etc. ) can get you up to ninety days in jail. High misdemeanors (resisting arrest, reckless driving, etc. ) can get you up to two years in the pokey. Felonies have maximum sentences of more than two years.

If you are charged with a felony and cannot afford a lawyer, the court will appoint one for you. Court appointed lawyers vary, but many of them are just into making deals with the prosecutor and are not into working too hard to defend you. Sometimes you will get a righteous public defender who will do a good job, so its worth trying, especially since you can fire a lawyer who is into bartering away your freedom unnecessarily.

At the arraignment bail is set. It is important to have friends there so that they can raise bail.

According to a recent Michigan law, you can get bailed out by posting ten percent of your bail (if it is for a misdemeanor) to the court. Most of the courts will tell you that they don't have the proper forms for this, but the Legal Aid Society will provide these for you. This ten percent of your bail will be returned when you show up for trial and/or sentencing. If you or your friends do not know about this system, you will pay ten percent plus a $20 fee to a bondsman, none of which you will ever see again. It is important to get word to your friends about this system, because the cops will not let you make another phone cali after your arraignment, except sometimes to a bondsman.

To get bailed out on a felony you either have to put up the entire bail to the court (in which case you get it back) or pay about ten percent and possibly put up collateral for a bondsman. Harold Moon is the only bondsman in Washtenaw County and he can be reached at 439-2530. 

If you are charged with a misdemeanor, (simple or high) the Washtenaw County Legal Aid Society will provide a lawyer for free. Contact them at 665-6181, or at their office, which is open from 9-5 weekdays at 201 N. Fourth St. in Ann Arbor. These people are friends who will do their best to keep you on the streets.