Grandville, MI asked in Child Support, Civil Litigation, Domestic Violence and Family Law for Michigan

Q: Can my court appionted lawyer lie about a charge, and not answer any questions till you submit your plea to them?

My X started to hit and kick me and more. I yelled at her to stop, then I pull her hair hoping she would stop. The next day, I got arrested, officers only said I was under arrest for domestic violence. I thought when I get to jail, I would give my statement and they would that photos, no statement, no nothing. When I was let out, my lawyer called me read the report, I said do I give my statement and photos now, I believe it will help me. She said that she couldn't give me any advice, till I chose my plea, I said not guilty. Than she told me that the prosecuting attorney would charge me with ten years, because they say I took my Xs phone and left her unable to call for help. Nope she had it, I was the one with out a phone. The lawyer asked again for my plea. Guilty I guess, I own a business my employees would loss their job. At court she told me what to say when to say it and don't talk about my side of it, I felt bullied by her and she wanted it to be done fast.

1 Lawyer Answer

A: By your description of what happened, it sounds like the woman you spoke with at court was the magistrate who was arraigning you - not your attorney. She would have had no duty to you other than to advise you of your rights, what you're charged with, the maximum possible penalties, and to determine how you wish to plea.

Going forward, if you ever find yourself in a similar situation, I would suggest you heed the advice given for decades now, but for whatever reason is rarely implemented:

-you have a right to remain silent, and once accused of a crime, should speak only with an attorney. Anything you say to the police, to anyone around when the police can hear you, or in court, can AND WILL BE used AGAINST you.

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