Have you been charged with a driving violation like an OWI, a misdemeanor or felony?
David Bittner has handled numerous cases such as these throughout his career in Livingston County and is exceptionally familiar with the procedures, practices, judges and prosecutors. He will help you clearly understand your rights and options and achieve the best
possible outcome for your situation during this difficult time in your life.
Receiving an OWI or other driving violation can be extremely stressful and embarrassing. At Barley and Bittner we handle each case with the utmost discretion.
In Livingston County there are three judges who handle first and second offense cases. David Bittner understands the key facts these judges will evaluate which include the police stop, the breath or blood test results and whether or not the mandatory procedures have been followed.
Obtaining counsel for a driving offense can drastically increase your chances of getting your violation reduced to an Impaired Driving charge which normally requires no jail time, but may include being placed on probation. An alcohol assessment will need to be completed and David Bittner will fully explain the details and recommend where and how to obtain one. You will also incur fines and costs, and possible secretary of state license sanctions depending on the charge which David Bittner will fully explain as well.
From this point, you can expect a series of standard processes and steps to take place.
In addition, there are Several programs that may be beneficial to resolving your case that may be applicable and available to you. Some of the programs or statutes are designed to keep you from having a public record for the crimes you are currently charged with, while others are designed to provide assistance in dealing with addictions.
Again, our office has handled over a thousand of OWI cases and we will sit down and go over the appropriate steps needed to get you optimum results.
Learn more about the various programs that may be beneficial to resolving your case>
Standard Process and Steps for an OWI or Misdemeanor
If you have been charged with an OWI or a misdemeanor, you can expect to go through the
following process:
Arraignment: This is the first time you will appear in court or by video if in jail. The purpose of this hearing is to formally read the charges against you and a bond is set. There are certain charges where an arraignment may be waived if you have the assistance of counsel. It is wise to have an attorney present at the arraignment to seek a personal recognizance bond, which enables the defendant to
leave without posting any money while the case is pending.
Pretrial:
This is the first time that our office will formally meet with the prosecutor assigned to your case. Depending on the strength of the prosecutor's evidence, a plea may be discussed. We will go over any and all plea discussions with the prosecutor and relay them to you. If there are any plea deals that both you and our office agree are acceptable, then you would enter a guilty plea at that time based upon the plea agreement. If no deal is reached, then the case will be set for a final settlement conference and ultimately, a trial.
Final Settlement Conference:
This is where we meet again with a prosecutor in an attempt to resolve the case prior to trial under
an acceptable arrangement. These are normally handled on the first Friday of every month and if an acceptable plea arrangement is not established, then we proceed to select a jury. Jury selection is handled the same day and a trial date is set before leaving the courthouse.
Trial:
This is where the prosecutor has to prove beyond a reasonable doubt that you committed the offense that you are currently charged with or some lesser related crime. All of the elements of the particular crime need to be established by the prosecutor beyond a reasonable doubt. If the case proceeds to trial then we will meet to go over our legal options and the best way to handle the defense of the case. This may include motions, subpoenas, testimony from you and other legal issues that may arise.
Again, David Bittner has handled thousands of criminal cases and he will use his experience to make this process as easy as possible while getting you the best possible outcome.
A misdemeanor is a charge that carries no more than one year in the local county jail. Some of the more common misdemeanors are: Operating While Intoxicated (OWI), retail fraud, possession of marijuana, driving while license suspended (DWLS) and domestic violence (DV).
In Livingston County there are three district court judges that each handle one-third of the criminal docket which are Judge Theresa Brennan, Judge Carol Sue Reader and Judge Suzanne Geddis. Your case will be assigned to one of these three judges along with a county prosecutor. If you choose to retain our services, the first step would be for us to quickly obtain the police report and all of the necessary discovery materials from the prosecutor's office. This discovery is important because it outlines the evidence that the prosecutor has against you and the police officer's version of the events. Once the police report is obtained, we will meet with you to review the report and other evidence and take the appropriate steps that will be most appropriate for you.
From this point, you can expect a series of standard processes and steps to take place.
In addition, there are several programs that may be beneficial to resolving your case that may be applicable and available to you. Some of the programs or statutes are designed to keep you from having a public record for the crimes you are currently charged with, while others are designed to provide assistance in dealing with addictions.
Learn more about the various programs that may be beneficial to resolving your case>
Standard Process and Steps for an OWI or Misdemeanor
If you have been charged with an OWI or a misdemeanor, you can expect to go through the
following process:
Arraignment:
This is the first time you will appear in court or by video if in jail. The purpose of this hearing
is to formally read the charges against you and a bond is set. There are certain charges where an arraignment may be waived if you have the assistance of counsel. It is wise to have an attorney present at the arraignment to seek a personal recognizance bond, which enables the defendant to leave without posting any money while the case is pending.
Pretrial:
This is the first time that our office will formally meet with the prosecutor assigned to your case. Depending on the strength of the prosecutor's evidence, a plea may be discussed. We will go over any and all plea discussions with the prosecutor and relay them to you. If there are any plea deals that both you and our office agree are acceptable, then you would enter a guilty plea at that time based upon the plea agreement. If no deal is reached, then the case will be set for a final settlement conference and ultimately, a trial.
Final Settlement Conference:
This is where we meet again with a prosecutor in an attempt to resolve the case prior to trial under
an acceptable arrangement. These are normally handled on the first Friday of every month and if an acceptable plea arrangement is not established, then we proceed to select a jury. Jury selection is handled the same day and a trial date is set before leaving the courthouse.
Trial:
This is where the prosecutor has to prove beyond a reasonable doubt that you committed the offense that you are currently charged with or some lesser related crime. All of the elements of the particular crime need to be established by the prosecutor beyond a reasonable doubt. If the case proceeds to trial then we will meet to go over our legal options and the best way to handle the defense of the case. This may include motions, subpoenas, testimony from you and other legal issues that may arise.
Again, our office has handled thousands of criminal cases and we will use our experience to make
this process as easy as possible while getting you the best possible outcome.
Felonies are charges that carry the potential penalty of over a year of prison incarceration and are handled in Circuit Court. In Livingston County, the two Judges that handle felony cases are Judge Michael P. Hatty and Judge David J. Reader. Some of the more common felonies are: OWI-3rd, Resisting/Obstructing a police officer (R/O), possession of controlled substances, felonious assault and many others.
If you or someone you know has been charged with a felony, these are the steps you can expect
to take place:
Arraignment:
This is the first time you will appear in court in person or by video if in jail. This hearing is where
the formal charges against you will be read and a bond is set. There are certain charges where an arraignment may be waived if you have the assistance of counsel. It is wise to have an attorney present at the arraignment to seek a personal recognizance bond, which enables the defendant to leave without posting any money while the case is pending which can be several months.
Preliminary Exam Conference (PEC):
Each county handles cases differently, but in Livingston County a PEC is the first time the attorney meets with the prosecutor to go over the case, which happens in the District Court. Preliminary plea discussions are normally explored, the evidence is discussed and a determination will be made whether a preliminary examination will need to be held. A Preliminary Examination (PE) is a hearing where the prosecutor has the burden to prove their case to a probable cause standard. The prosecutor must call relevant witnesses to testify in order to form a basis for the charges against you. You have an ultimate right to a PE within 14 days of your arraignment. Occasionally, a tactical defense decision is made to waive the PE due to the low burden of evidence that the prosecutor has to prove and the likelihood of success. When at trial the necessary burden of proof on the prosecutor is "beyond a reasonable doubt", however, at a PE the standard is the lesser burden of "probable cause".
Pretrial:
Pretrial hearings for felony cases are held on Fridays at 8:30 in the morning for both Judge Hatty
and Judge Reader. Our office will meet again with a different prosecutor and go over any and all plea discussions with the prosecutor and relay them to you. If there are any plea deals that both you and our office agree are acceptable, then you would enter a guilty plea at that time based upon the plea agreement. If no deal is reached, then the case will be set for a final settlement conference and ultimately, trial.
a source of frequent contention between the prosecutor and a competent defense attorney. We have
the experience to meticulously examine these guidelines as applied to you and assure the appropriate result. These guidelines take into account any prior criminal record and the actions taken regarding the alleged offense. The guidelines are also important because it can provide a basis for more advantageous plea discussions as well as predicting whether a jail or prison sentence could be
involved in your case. It is imperative that you have a seasoned attorney who fully understands the ramifications of your guidelines prior to entering serious plea negotiations and considering the risks
of a trial.
If a satisfactory plea agreement can be negotiated prior to trial, then a detailed, factual account of the alleged offense will need to be discussed with your attorney prior to meeting with a probation agent.
A sentencing date would also be scheduled by the Court. Prior to the sentencing you will have to meet with a probation agent to fully discuss the case. This is an important step in the sentencing process because the probation department creates a detailed packet called a pre-sentence interview report (PSI). This report is reviewed by the prosecutor, our office and the Court. The PSI contains recommendations as to what your sentence should be. It is imperative that you handle yourself appropriately and answer questions directly and correctly; a negative PSI could have a harmful
effect on the outcome of your case. Our office will fully discuss what you need to bring and do to
have a successful meeting with the probation department.
Final Settlement Conference (FSC):
The FSC is normally conducted with the Judge, the prosecutor and our office and it is where we explore both plea discussions and trial issues in an effort to resolve the case. If a plea agreement is reached, then you would be required to enter a plea at that time. If no plea agreement is reached
then trial issues and scheduling are discussed amongst the parties.
Trial:
This is where the prosecutor has to prove beyond a reasonable doubt that a criminal offense was committed and that you are guilty of that offense. Our office has handled many trials and has years
of trial experience handling criminal matters. If the case does proceed to trial then we will meet to
go over the legal options and the best way to handle the case. This may include motions, subpoenas, testimony from you and other legal issues that may arise.
In addition, there are several programs that may be beneficial to resolving your case that may be applicable and available to you. Some of the programs or statutes are designed to keep you from having a public record for the crimes you are currently charged with, while others are designed to provide assistance in dealing with addictions.
