What is an “Advice of Rights” Form for Criminal Cases?
By Daniel T. Geherin
When a person is charged with a criminal offense in Michigan, they typically have two options: litigate or negotiate. The majority of criminal cases don’t go to litigation or trial, but resolve with a plea of some sort (either a plea or sentence “bargain”). When a person decides to plead guilty to a criminal offense, Michigan Court Rules require that they verbally waive or give up certain Constitutional Rights. A person who enters a plea is giving up their right to a trial, their right to be presumed innocent, and their right to testify on their own behalf.
Almost every court in Michigan requires a person to waive those rights verbally, and also to fill out a form called an “Advice of Rights.” This form details all the statutory and Constitutional rights they must waive to accept their plea, and should be discussed and reviewed with an attorney. Because of the current Covid Pandemic, most courts are conducting their dockets remotely and having clients fill out the Advice of Rights form prior to accepting their plea. That form can be accessed here:
Daniel T. Geherin, owner of Geherin Law Group, is a former prosecutor and board-certified criminal defense attorney in Ann Arbor with over 25 years’ experience. He’s prosecuted/defended/litigated nearly every type of criminal case, including criminal sexual conduct offenses, homicide cases, narcotic violations, domestic violence charges, embezzlement and fraud investigations, and theft offenses.
Every day, Dan and his team at GLG provide personal options and personal solutions for their clients charged with criminal offenses in and around Washtenaw County. As part of those options and solutions, clients might choose to resolve their case by plea or sentence bargain. If so, Dan goes over every single right you have, and discusses the Advice of Rights form with you in detail. You’ll be well prepared to answer all of the judge’s questions at the time of plea, whether in person or remotely over Zoom.
If you or a loved one is facing criminal charges and have questions about your options please consider the vast experience of the Geherin Law Group. We’re available 24/7, we’re dedicated to our clients, and we’ll strive to provide unparalleled personal attention, personal solutions and personal JUSTICE to every single client we represent.