October 27, 2014

The most important part of a Michigan DUI Case - Part 1

This article will examine, in the way I think it should be done, the most important aspect of a typical Michigan DUI case. You might think that as a Michigan driver's license restoration and DUI lawyer with a blog this big, I have unbridled freedom to write any way I choose, and about any topic I'd like, but I really don't. The web experts remind me to keep my articles short and simple, which, at least as far as the short part goes, is a struggle for me. I've learned (by force) to incorporate this abbreviated form of writing into my blog posts, and, most of the time, I come away feeling that I'm still able to put up an informational and useful article, despite these constraints. Here, I want to write an intelligent article about DUI in the Tri-County, Metro-Detroit area without having to worry about keeping it too simple, or otherwise having to conform to a format that limits my examination in a way that makes it a bit too simplistic. This article will be divided into 3 parts in order to do the subject justice.

sigmund-freud-theories 1.2.jpgScience and technology are wonderful things. The scientific method helps us test a hypotheses; technology allows us to see and do things that were unfathomable just a few years ago. Yet for all of that, most of what we know in this world is the product of simple observation and experience. Consider driving a car: How many times do you slow down at a familiar yield sign, or near a corner somewhere, even though you have the right of way, because you know people go blowing through it all the time and you've almost (or maybe even have) been hit? No one needs empirical validation of the fact that putting your hand on a hot stove will burn...

There are endless things that everybody sees all the time, but few people actually take the time to really think about. Everyone has been a child, and everyone has a sense of him or herself, but it took Sigmund Freud to put it all together and developed the formal concept of the ego, the subconscious, and, for the first time, seriously framed our understanding that childhood experiences are the foundation of who we become and how we process thoughts and emotions as an adult. Today, theories are "tested" using the scientific method. Back when Freud blazed the trail, he just thought about things he observed and wrote down his ideas. Some of those ideas were, admittedly, off the wall (like the Oedipus complex, where every man supposedly wants to marry his mother and kill his father), but others were brilliant (can you imagine a time when there was no concept of one's ego). Right or wrong, Freud's theories were, more than anything else, the product of simply taking the time to think about the things he regularly saw.

As a DUI lawyer, there are certain things I have observed again and again that I know every other lawyer sees, but obviously don't think about very much. Sherlock Holmes once chided Dr. Watson that he went up and down the same set of stairs to their shared flat countless times over the years they resided together at 221B Baker Street; Watson agreed that, of course, he had. When Holmes then asked Watson how many steps were in the staircase, Watson was stumped. Holmes correctly noted to Watson that," You see, but don't observe." Here's a quick question, then, dear reader; how many steps are in the staircases where you live? Don't feel bad if you don't know, because I can't tell you how many are in the staircases at my house, either. The point is that we see certain things all the time, but never actually spend much time thinking about them. The flip side is that profound discoveries await those who actually try and recalculate and recalibrate what everyone else takes for granted, and that applies to DUI cases as much as it does to anything else...

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October 24, 2014

Michigan Driver's License Restoration Lawyer - The First Meeting

It takes a lot of time and effort to win a Michigan driver's license restoration or clearance appeal case. Even the most eligible, deserving and qualified candidate has to carefully navigate the legal terrain of what I call "a million little rules." Anyone who is genuinely sober and previously tried a license appeal only to lose now understands that merely being alcohol-free is far from enough to win your license back. One of the reasons I guarantee that I'll win any Michigan license appeal case I take is that I dedicate the necessary time to put together a winning case, and that starts right at the first meeting with a new client, before he or she has a substance abuse evaluation completed. This first meeting typically lasts about 3 and ½ hours. I've had clients who have lost a prior case tell me that whatever lawyer previously handled their case didn't spend as much time on the whole thing as we did at the first meeting alone. As with anything, come from thorough preparation, and with something as important as a driver's license appeal, there are no shortcuts to doing it right.

Shakers 1.3.jpgIn some of my other driver's license restoration articles, I have talked about a person's journey from drinker to non-drinker as a "recovery story." For many (but certainly not all) people, there is a kind of "light bulb moment" when they hit bottom and decide enough is enough. For others, the decision to stop drinking is the end result of a process that usually involves a lot of thought. In the clinical world, we call that "tipping the decisional balance," meaning that the scales tip away from continuing to drink in favor of quitting. Whoever you are, and however your decision to stop came about, there is certainly a lot of background to it. This is the main plot of your recovery story, and I need to explore that with you in order to sort things into the proper context. As a driver's license restoration lawyer, I cannot imagine getting anywhere near in-depth enough in an hour or an hour and a half to do that.

Almost all of my clients will fall into 1 of 2 groups: Those who are active in AA, and those who are not. As it turns out, most of my clients do NOT go to AA. For those who attend meetings, however, the whole concept of "telling your story" comes a little easier. Although most of my clients are not active in AA by the time they come to me, most of them do have at least some AA in their past. Some people, of course, have never gone to a meeting, so the whole "tell your story" concept is strange to them. That's okay, because an important part of my job is to help go back and review things so that we can arrange the events that led from your drinking days to the decision to quit, and the positive changes that followed, into a kind of story; this is your "recovery story." And while this is certainly important, there is a lot more to this than just drafting a narrative.

When I meet with a new client, one of the things we'll do in that first, 3-hour meeting is go over the substance abuse evaluation form line-by-line. To be clear, my legal assistant will generally spend the first ½ hour with a client to gather general information, and then I come in and we'll spend the next 3 hours going over the things I need to cover. If I had to define the real point of the time I spend with a new client, it's to prepare him or her to have the evaluation completed. The way l do it stands in contrast to the way most other lawyers do it. I don't merely give my client the names of a few evaluators and then tell them to go and have an evaluation completed; instead, I begin by explaining the role of the substance abuse evaluation in a license restoration case, how the DAAD (the Michigan Secretary of State's Driver Assessment and Appeal Division) interprets it, and how we can make sure ours is rock solid. Doing this right requires nothing less than a line-by-line, point-by point explanation.

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October 20, 2014

DUI in Michigan - Women's Considerations

We hear the word "unique" used so often, and in so many contexts, that the meaning has really become diluted. As a Michigan DUI lawyer, I echo just about every other lawyer when I say that every case is unique. While it is true that lots of women wind up charged with a drinking and driving offense, there is still a certain uniqueness about the whole gender thing that makes the experience different when a woman is dealing with it, as opposed to a man. The key difference is one of perception, both in terms of the way each gender perceives the experience of going through a DUI from within, and the way each is perceived (and feels perceive) from without. You would be mistaken to just assume that a DUI charge is experienced the same by both men and women. The differences begin from the moment of first police contact and last through the end of the case and beyond. To be clear, I don't claim to be any kind of expert on women's issues; however, the simple fact that I even recognize that there can be gender differences in how women experience and deal with a drunk driving case is at least a starting point for a discussion and some understanding.

Woman yellow 1.2.jpgMy recognition of this side of things began as part of my clinical education in addiction studies. Having been a DUI lawyer for more than 2 decades before I began my post-graduate education in alcohol and addiction issues, the very idea that a woman's experience and perceptions going through something like a drunk driving case could be very different from a man's had never occurred to me, as it probably doesn't occur to most men, and maybe even not some women. Now, I wonder how I could have been so blind, not only about gender differences, but also about differences that cover the whole spectrum of cultures and groups.

Had you asked me, say about 5 years ago, if I knew anything about the different experiences men and women might have in what appears to be the same DUI circumstance, I would have thought so and answered "yes." After all, I've been with and married to the same wonderful girl for 30 years, and our only child is a daughter; she attends an all-girls high school that emphasizes the empowerment of women. My pet parrot is the only "guy" contact I have at home. Because of that, I'd have probably told you that I was darn near an expert. Even though neither gender can actually do it, the old adage that you don't really know until you walk a mile in someone else's shoes holds every bit as true for men's and women's experiences as is does for anything else. The fact is that a woman facing a DUI will experience it differently - maybe not entirely differently, but differently enough - than a man. I'm not suggesting that there is some magic solution, or even some kind of specific "women's approach" to dealing with a DUI, but I do believe that it is helpful to be cognizant of some of the considerations that may be unique to women in a drinking and driving case.

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October 17, 2014

DUI and Drinking - The Truth from a DUI Lawyer

In every 1st offense DUI case, one of the primary concerns of the whole judicial system is whether or not the person has come to the attention of the legal system because his or her drinking is a problem. In a 2nd offense drinking and driving case, it is presumed that a person's drinking is problematic. In a 3rd offense drunk driving case, it is a foregone conclusion that person has an alcohol problem. As a Michigan DUI lawyer, my first job is to minimize the legal consequences that my client will face. In that sense, "success" in a DUI case is most appropriately judged by what does NOT happen to you. But there is far more to it than just that.

Therpaist lady 1.2.jpgSome people (mostly those with 2nd and 3rd offenses) know that something is not right about their relationship to alcohol. For many of these people, the unsettled questions are not as monumental as some kind of internal collapse and admission that they are alcoholic and need help, but rather a recognition that they at least have to make some changes so that this doesn't happen again. It is extremely easy to chalk things up to bad luck and to resolve to not make the same mistake again. In reality, however, that's not doing anything in the here and now; rather, it's postponing even thinking about things until some vague, future point in time.

I truly believe that my job is to help people facing a DUI, and that "helping" means more than just working the case so that we escape with the fewest possible consequences. As a lawyer, I have to primarily focus on just that - keeping my client protected from jail and all kinds of counseling. As an honest person, however, I have a genuine desire to help someone when I can. Beyond just being a DUI lawyer, I bring a clinical background to the DUI world; I am actively and formally involved in the post-graduate level study of addiction issues. I don't pretend to be a counselor, and to the extent that "the die is cast" by a person's primary occupation, I am a lawyer through and through. Still, I am burdened by this costly thing called a conscience, and instead of just swinging for the fences to make profit, I swing into action to make things better for the people who hire me. And to be clear, just being in a DUI situation doesn't mean you have a problem with alcohol.

That all kind of sounds good, but what does it really mean? It means that I speak candidly with my clients about their drinking. I am here to listen and counsel and direct. It means that I will help a client find the right person to talk to about his or her drinking and NOT use that in court unless it really helps the case. It means I play hardball lawyer in the courtroom, but I'm your counselor (ever wonder what the title "attorney and counselor at law" means?) in the confines of my office. It means I have clients who are confidentially involved in treatment; I go to court and make sure that they are seen as not having a drinking problem and thereby escape mandatory counseling so that, if they want to, they can purse any counseling on their own, without the court getting involved in everything. It means that you can talk to me without fear of judgment or consequence. Sending a client off with a good DUI result is all well and fine, but making a real difference in their lives and getting a heartfelt "thank you" is way better.

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October 13, 2014

Driver's License Restoration Appeal Hearings - Skip the Witness

In a recent article about driver's license restoration appeal hearings, I mentioned that I never call witnesses. It has been a while since I've addressed that topic, and my experience at a hearing the day before writing this article has convinced me that it's time to revisit this subject. Let's start with the conclusion first, and then we'll get into the analysis: It is a mistake to call a witness at a DAAD (Michigan Secretary of State Driver Assessment and Appeal Division) license reinstatement hearing. And to be clearer still, when I say it "is" a mistake, I'm still waiting for an exception that I have never yet seen in my 24-plus years as a lawyer. In my mind, calling a witness is an amateur blunder of the highest order.

Witness Dude 1.2.jpgYesterday, I represented someone who had a different lawyer at a previous hearing. That lawyer had called a witness, things went bad, and the appeal was denied. My client not only agreed with my assessment that witnesses are nothing but a liability, but also got a bit angry with the previous lawyer for not knowing that. When someone who has lost a prior license restoration case with a different lawyer comes to hire me for his or her next time around and I begin to read the order denying the previous case, I cannot help but cringe when I see someone's name listed as a witness. I've never seen a witness listed on a winning decision, but I've seen plenty of them on denial letters.

In the most recent hearing article, I noted that while we all hope to learn from experience, there are some people who just do what they always do and don't really pay attention to the subtle nuances, and therefore don't learn anything. When I'm at the DAAD office and some lawyer steps out of a hearing and comes into the waiting room to fetch a witness, I just have to shake my head. The real point in the earlier article was that there are some things I do in my various cases that are almost a matter of instinct, and therefore somewhat difficult to explain, and there are others that involve my own proprietary (i.e. "secret") methods. The reason calling witnesses is a bad idea is neither; instead, it's so obvious that you've got to wonder about any lawyer who misses it.

Anything good that a witness can say in person, meaning anything that he or she can relate through testimony, can also be said just as clearly in a letter of support. Letters of support are worth exactly what they say. Unlike a live witness, the hearing officer cannot intimidate a letter of support. You cannot cross-examine or question a letter of support. A letter of support never gets nervous and says the "wrong" thing, nor does it get confused or forget details. This means that unlike witnesses, letters of support cannot screw things up, at least if the lawyer presenting it knows what he or she is doing, and I know well enough to guarantee I'll win your license appeal if you're really sober and I take your case.

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October 10, 2014

The Secrets to Success in a Michigan Criminal, DUI or Driver's License Restoration Case

On this blog, and on my website, I put up as much explanatory information as I can about criminal, DUI and driver's license restoration cases. I have tried, within the body of my writings, to pull back the curtain on and explain how Michigan driver's license restoration and DUI cases are (or should be) handled, as well as the various considerations important to handling a criminal charge in my capacity as a Michigan criminal lawyer. I can say with confidence that if you are looking around for a lawyer for to handle a criminal, driver's license restoration or DUI case, it is likely that some of those with whom you've had contact with have read and learned something from this blog. One lawyer I know admitted to me that when he needs something to write about, he comes here, to my blog, and "cannibalizes" something I've put up. I consoled myself with the old adage that "imitation is the sincerest form of flattery." I've even been asked why I am so "generous" with the information I put out.

secrets 1.2.jpgIn this article, I want to point out that for as much information I publish, there are certain essential strategies that, while not "secret," really defy clear explanation. In addition, there are just certain things I do that are "secret" enough for me to have to hold back and not write about. KFC became famous for its fried chicken with 21 secret ingredients. When curious minds tried to figure out the recipe, some claimed that they couldn't find 21 ingredients, no matter how hard they looked. KFC was amused by the attempt and essentially said, "Well, that's part of the secret." I may be generous with the information I publish, but I don't give away enough for anyone to copy my recipe, nor do I give away the secrets of the magic trick, either.

Certain legal abilities are simply instinctive. How do I explain this? When I walk into a conference room and find the prosecutor to already be agitated, usually by some other lawyer, I just "know" that it's probably not the best time to try and negotiate a really sweet deal for my client. Sensing that is instinctive, but I don't just blurt out something like, "Hey, you look all frazzled, so I think I might do better with you if I come back later." A graceful exit with a plan to return later requires a keen and rather spontaneous sense of diplomacy.

Other legal skills may spring from within, but they are honed by years of experience. A younger lawyer may make the mistake of defending a client to the point of arguing with the Judge. While the lawyer may not think he or she is arguing with the court, all that matters is that the Judge does. Instead of arguing, I have to persuade. In many cases, I have to educate the Judge, and be able to back up what I say. This is why, for example, as a seasoned lawyer with (at that time), over 20 years of experience, I began the formal study of addiction issues at the post-graduate, University level. Whatever else, a lawyer may succeed in persuading the court about something, but he or she is unlikely to ever win an argument with the Judge (as opposed to an argument with the lawyer on the other side).

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October 6, 2014

Michigan Driver's License Restoration - The Hearing

I have written extensively about the process of restoring a Michigan driver's license. Because it is so important, I devote a lot of time and space to initial eligibility prerequisites, particularly the requirement that a person be genuinely sober in order to begin a license appeal, or at least have any hope of winning. Most recently, I examined the role substance abuse evaluation in a Michigan driver's license reinstatement appeal. In this article, I want to take a look at the final step in the license restoration process - the hearing.

Judge-Gavel 1.2.jpgBefore we get into anything else, I should point out that I fundamentally believe in live hearings. To be clear about it, I do mean live, and in-person. I don't do video hearings, even though I could, in many cases, and it be a lot more convenient for me. There is nothing, however, that can compare to sitting about 6 feet away from the hearing officer, where he or she can see your facial expressions, watch your body language and even notice if your eyes tear up when you talk about how your drinking damaged the things that matter most in your life. Because I only take cases for people who are really sober (and in exchange, provide a "win" guarantee), I thrive in the knowledge that, above and beyond everything else, we are going in the appeal hearing to tell the truth. Because my clients have genuinely quit drinking, we have nothing to fear from an up-close and personal license appeal hearing. By contrast, the risk that even one small nuance of my client's truthful testimony could get lost in a grainy, noisy webcam transmission is far too great.

Here's another important point: I never call witnesses. In fact, I think that calling a witness is an amateur mistake of the highest order. Considering that I GUARANTEE that I will win any license appeal case I take, I must know something. The key to success in a license appeal, like so many important things in life, is preparation. Careful and methodical preparation must be taken in putting the appeal together. We'll get a rock-solid substance abuse evaluation; that's why my first appointment with a new client lasts 3 hours and is done before the client has his or her evaluation completed. Next, we'll produce excellent support letters; I help extensively with that, reviewing and editing and revising everything to make it "just right." With me handling that, you can focus on just making sure that you're the person described in the evaluation and portrayed in the letters of support, and you won't need any witnesses to help with that. At best, a witness is a potential liability. We don't need or want that...

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October 3, 2014

How to find the Right DUI Lawyer in Michigan

If you've taken the time to even glance at any of the DUI articles on this blog, or the DUI section of my website, you've no doubt figured out that I concentrate in DUI cases and driver's license restoration appeals for people who lose their license after multiple DUI's. It kind of goes without saying that, given the volume of information I put out, I handle a lot of DUI cases in the Metropolitan Detroit area. That's great for me, and for the people who retain me, but often a person facing a DUI doesn't know who to trust, or how to find the right lawyer. In this article, I want to examine how you can find the right DUI lawyer, or a lawyer for pretty much any kind of charge. And let me be clear up front, while I am in business to make money, I want to connect with clients for whom I'm the right lawyer, and who are the right fit for me. There is no lawyer who is the right lawyer for everyone, so this isn't just some big sales pitch.

Search-Computer 1.2.pngIt would make sense to divide our examination into 2 relevant parts: Finding a lawyer, and then deciding on a lawyer. Anyone reading this has undoubtedly been doing some research, and "found" me on the web. A decade ago, you'd find a lawyer by flipping through the yellow pages. Things are very different now, but even so, one can look to see if a prospective lawyer has a phone book mentality by evaluating the information his or her website and blog provides. If a site is mostly slogans and self-attributes of experience and skill, then it's really not much more than an advertisement. At the level where I operate, lawyers analyze and explain things. For my part, I publish 2 new blog articles every week, and each article links to my site, to the actual rule of law and/or any other outside source relevant to the topic at hand. You can figure out that a site is "better" pretty quickly.

Some people are referred to a lawyer by word of mouth. While that may be a great way to learn about a potential attorney to handle your DUI case, there is no endorsement that should be accepted without comparison. In other words, do your homework. Even when someone is referred to me, I want him or her to log onto my blog and learn a little about me. Check out my articles, see how I write, and explain things. Compare me to a few other lawyers out there. To be embraced blindly because someone said I did such a good job may put money in my pocket, but I'd rather be chosen for who I am, rather than whom I previously represented.

The problem with a word of mouth referral is that you don't learn a lot about the lawyer from the referral itself. You get a name, a number, and maybe an endorsement that he or she did a good job in a similar case. You have no idea how the lawyer holds up when compared to the broader field of DUI lawyers, and that's never good. As I noted before, even when I get a referral, I ask the person to read a few of my blog articles and check out my site. How do my articles compare to other lawyer's? If another lawyer has no body of articles in which he or she examines and explains things, then perhaps you should take that into account...

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September 29, 2014

The Substance Abuse Evaluation in a Michigan Driver's License Restoration Appeal

Amongst the things that must be submitted to the Michigan Secretary of State's Driver Assessment and Appeal Division (DAAD) to commence a Michigan driver's license restoration case, none is more important than the substance abuse evaluation. From my perspective as a driver's license restoration lawyer, this evaluation, formally titled the "Substance Use Evaluation," is really the foundation of a license appeal. I have examined different aspects of it, and even the role of the evaluator, in some of my other driver's license restoration articles. In this article, rather than focus on any particular part of the evaluation, we'll survey its overall role in a license reinstatement case.

Recovery 1.3.jpgIn order to begin license restoration case, certain documents must be filed: An administrative review form (misleadingly named because it must be filed in all cases, not just "administrative review" appeals), letters of support and the substance abuse evaluation. In a very general sense, this evidence can be characterized as what you say about yourself, what your supporters say about you, and what the evaluator says about you. Translated, these documents provide an overview of your drinking (and, if applicable, drug using) history, your supporters detailing their observations of your abstinence, and the evaluator offering a clinical assessment of your ability, commitment, and the tools you have cultivated to remain sober.

To put this in proper perspective, it is important to understand what a license appeal is all about. At the heart of it all is the legal requirement, under the governing law known as "Rule 13," that a person must prove, "by clear and convincing evidence," that his or her alcohol (and/or substance abuse) problem is "under control," and, more important, that it is "likely to remain under control." Here we can connect everything: What your letter writers say is primarily relevant to proving that your problem is under control, meaning that you are and have been abstinent from alcohol and/or drugs. What the evaluator says is most directly relevant to the most important issue; that your problem is likely to remain under control. What you say is relevant to both and ties everything in, although it is, understandably, considered biased and self-serving.

This means that the best evidence submitted for the most important issue - that you won't drink again - is the substance abuse evaluation. In a perfect world, it should amount to a reliable prediction by a knowledgeable and skilled clinician of the likelihood that you will remain alcohol-free. In that perfect world, it should almost be enough to win the case. The world, however, is not perfect; neither is the evaluator, the evaluation, the person being evaluated, the lawyer who supposedly reviews the evaluation and submits it, nor the hearing officer reviewing the evaluation and deciding the case. This reality, while far from ideal, at least serves to outline the challenge in winning a license restoration case.

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September 27, 2014

Weekly Summaries: DUI in Michigan for Non-Residents and no jail in Embezzlement/False Pretenses Cases

1. Michigan DUI for Someone who lives in Another State

This week's first article addressed the situation where a non-Michigan resident is charged with a drunk driving crime here, in Michigan. I handle a lot of these cases, and that almost without exception, I am able to arrange things so that my client will only have to come back to Michigan 1 time to handle the entire case. I called this "one and done." We noted that it is still important to assess the evidence in the case to see if the whole thing can be dismissed, even though that isn't the usual outcome. We next answered "What is going to happen to my driver's license?" I pointed out that no state can take any action against a license issued in another state. Michigan, therefore, cannot do anything to a driver's license issued by a different state. We saw, however, that the state of Michigan will typically restrict a person's ability to drive within its borders for a while. We defined "restricted" to mean that a person can only drive for work, school, medical treatment, something the court requires and AA or other support group meetings. Your home state may take action against your license. All fines and costs will need to be paid on the court date. We concluded by noting that there is virtually ZERO chance of getting any jail, and that if things are handled correctly, the "one and done" means you go home either without any probation conditions whatsoever, or, perhaps, only the requirement that you complete a class in your home state and send proof back to the court. My goal is to work it out so that my client goes home without any kind of obligation to the court, probationary or otherwise. Here are the more important points from the Michigan non-resident DUI article:

  • I can arrange things so that your whole DUI case is handled in 1 day
  • Very often it can be all wrapped up in just 1 morning
  • We need to make sure the case is "solid" before we move ahead and finalize things
  • Whatever happens, the state of Michigan can't do anything to your driver's license as long as it was issued by another state
  • The state of Michigan can temporarily restrict your ability to use that license here, within its borders
  • Your own state may or may not take actions against your license based upon a Michigan DUI conviction
  • You will have to bring enough money to pay all fines and costs on your court date
  • There is virtually ZERO chance of any jail time
  • If things are handled correctly, you can leave for home without any kind of probation or other obligation to the court.
  • I call this "one and done."
Now, on to the embezzlement/false pretenses article...

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September 26, 2014

Embezzlement/False Pretenses Charges in Michigan and Avoiding Jail

As a Michigan criminal defense lawyer, I have developed a fairly robust embezzlement/ larceny by false pretenses practice. I handle embezzlement and false pretenses cases brought in the Metro-Detroit area, meaning anywhere in Macomb, Oakland or Wayne Counties. While I have handled cases of all sizes, many of them have been high dollar cases involving hundreds and hundreds of thousands of dollars. I have written a number of articles on this subject that address the mechanics of an embezzlement charge and examine things like the first call from a corporate official and/or a police detective through the interrogation process. There is, of course, a lot to all of that; anyone who even thinks that he or she may face an embezzlement or false pretenses charge would be well advised to read those articles. Perhaps the most significant thing to be learned from them is to keep quiet and not talk. Ironically, however, many people discover what I've written after they've been questioned and have already made self-incriminating statements.

despair 1.2.jpgTo be clear, just remaining silent is no sure-fire way to make a potential embezzlement or false pretenses charge go away. In most cases, the investigation that leads to someone calling the police is usually rather thorough, and it frequently resembles the old notion that if you follow one single thread, you find a whole big mess. The reality is that most embezzlement and/or false pretenses cases aren't based upon false charges, although the amount of money that winds up being claimed by the "victim" is often grossly overstated. The sentiment there is that the aggrieved party (victim) might as well throw in the kitchen sink, because there isn't likely to be a very deep pool of sympathy for the person who gets charged. I understand that side of things, but I also know, from extensive experience, about the other, human side of story from the person accused of the crime. Facing an embezzlement/false pretenses charge can bring a sense of despair.

For all the legal and technical analysis we can undertake regarding an embezzlement or false pretenses charge, the real bottom line is that if you're facing one, you need to save your skin. I can write endlessly about rights and evidence and the burden of proof and hearings and legal arguments, and all of that kind of stuff, but at the end of the day, what matters most is what does, and even more so, what does NOT happen to you. This is particularly true when a person has, in fact, actually taken money or property, and then gets found out. I know that many people in these situations have labored under a desire, if not a belief, that they would find a way to pay the money back, or otherwise make things right.

This is an important, but often overlooked reality, because in the majority of cases I have handled, the person charged feels absolutely horrible. I have seldom dealt with anyone who didn't feel a profound sense or remorse when things get discovered. In fact, one of the more common issues in an embezzlement or false pretenses case is that the person facing the charge or charges can become seriously emotionally overwhelmed. While this does not "fix" the case, or make it go away, an important part of my job is to use that genuine remorse in order to negotiate a better break from the prosecutor, and then later, to convince the Judge to take it easy on my client.

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September 22, 2014

DUI in Michigan for Out-of-State, Non-Resident

If you live outside of the state of Michigan and have been arrested here, within its borders for OWI ("operating while intoxicated," the technical name for a DUI charge), there are some things you need to know that can help make your situation much better. As a Michigan DUI lawyer, I handle case for out of state drivers who pick up a DUI charge in the Greater-Detroit area all the time. If handled correctly, even a DUI case for an out-of-state, non-resident driver can be made much less difficult than at first seems likely. This article will focus on the "short list" of things that are most relevant and helpful in this kind of situation.

MIMAP 1.2.jpgFirst, if you actually reside in another state, you want to work this out so you don't have to come back to Michigan anymore than you have to. Usually, I can arrange things so that you come back only one time, and we wrap up the whole case in that single trip. It takes some work to arrange things this, because DUI cases almost always involve at least 3 trips to court, and at least 2 separate appearances in front of the Judge. Next week, meaning the week after the publication date of this article, I have an out of state DUI client with a case in a Macomb County court for whom I have arranged to have everything done in the morning. Sometimes, it works out that we'll begin things in the morning, and conclude them in the early afternoon, but whether we set things up so that they are concluded in the morning, or we need to begin in the morning and finish up in the early afternoon, I am almost always able to set up a "one and done" schedule for out of state DUI clients.

Scheduling is the easy part. Normally, I meet with a new, in-state DUI client for about 2 hours before we ever go to court. And while I am in business to make money, I am also completely and personally invested in the outcomes I produce for my clients. It may be inconvenient for an out of state client to schedule a 2-hour meeting in my office before his or her actual court date, but we're going to have to at least confer, even if by phone, so I can go over everything in detail. In the case I mentioned above, set for next week, my client is coming to Michigan the day before his court date, so that we can meet in my office in the late afternoon of the day of his arrival. As usual, I have 2 hours blocked off for his appointment. The next day, we'll meet in court, and his whole case will be wrapped up by noon, after which he can go home.

Of course, there are other concerns beyond scheduling. The most important, of course, is making sure the DUI charge itself is legally sound. Every client has the right to challenge the case, or move forward to wrap it up, as he or she sees fit, but it would be unfathomable for me, as the lawyer, to not evaluate the evidence in the case before we actually proceed ahead, and the court understands this. If I walk into court and learn that the reason that the police stopped my client is clearly bogus, I have to explain to my client what his or her options are, and how pursuing them could get the whole case dismissed. In the real world, these things are far more the exception rather than the rule, but even so, we'd be crazy to not look...

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September 20, 2014

Weekly Summaries: Win a License Restoration Without AA, the First Time

1. You DO NOT need to go to AA to win your License Back

Each of the 2 articles from this week addressed a misconception about the Michigan driver's license restoration/clearance process. In the first article, I explained that it is absolutely NOT necessary to go to AA to win your license appeal case. For whatever reason or reasons, many people find that they can maintain sobriety without having to go to meetings. I pointed out that AA provides the "language" of recovery, meaning that it helps define and shape the way we understand a drinking problem and how someone moves past it. It is an important part of my job to learn about a person's journey from drinker to non-drinker, get a clinical understanding of that (I have extensive, post-graduate education in the field of addiction studies) and then help frame that process in terms the hearing officer will understand, especially in those cases where a person does not rely on AA for his or her sobriety. Here are some of the main points from the "no need for AA" article:

  • Conclusion first: You do not have to be in AA to win a license appeal
  • Years ago, things were different, and you had little chance without AA
  • Things have changed, and AA is finding its place as one of many treatment options
  • It is now understood that AA is not for everyone
  • Most people with multiple DUI's did some AA, often by court order
  • Some people love and thrive in AA
  • More people leave the program than stay in it
  • AA can help a person establish a foundation for sobriety
  • The real concern in a license restoration case is proving that you won't drink again
  • Addressing that concern is usually done in terms defined, or redefined by AA
  • My clinical education and legal skills allow me to help "translate" a person's recovery into the proper form to win a license appeal
  • I guarantee a win in all my license appeal cases, so I wouldn't take cases for people who aren't in AA if being in it was in any way necessary
Now that we've seen you don't need to be in AA to win your license appeal, let's look at why you can and should win it the first time you try...

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September 19, 2014

Winning a Michigan Driver's License Resoration case the First Time

In the previous article, we clarified that AA is NOT necessary to win a Michigan driver's license restoration case. In this article, we'll dispel another common myth about license appeals; the crazy (and yes, it is crazy) idea that you have to lose your first appeal before you can win your license back. I not only win almost every case I take the first time, but I also guarantee a win in every license clearance and restoration appeal case I take. About half of my clients are people who have never tried a license appeal before. The primary reason that people who are otherwise eligible lose the first time is that they don't do it right, or, worse yet, they pay some lawyer who doesn't do it right.

you-win 1.3.gifLet's clarify something important: Really being "eligible" means not only being legally able to file a license appeal, but also that you are genuinely sober. Sober, within the context of a license appeal, means that you don't drink anymore. Some people who have lost their license for multiple DUI's want to argue that they can still have a glass of wine or the occasional drink. Michigan's habitual offender drunk driving laws create a presumption that anyone who racks up 2 DUI's within 7 years, or 3 or more DUI's within 10 years has a drinking problem. One of the surest ways to lose a license appeal is to file one and say, "No, I don't." It goes beyond just saying yes or no, however; the whole process of winning a license appeal revolves around being able to prove how different your life has become because you've removed alcohol from it.

This is a distinction that really needs to be highlighted. If you haven't quit drinking, then your only hope to win a license appeal is to BS your way through it. Good luck with that, and I certainly won't put my efforts or integrity into anything like that, much less my guarantee. Even if you have quit drinking, however, you need to understand how the DAAD (Michigan Secretary of State Driver Assessment and Appeal Division) evaluates that claim. Not that many people are dumb enough to file a license appeal and admit to still drinking. Most people will at least say they don't drink anymore. The problem, from that point forward, is that you have to prove that your alcohol problem is "under control" and "likely to remain under control" by what the law defines as "clear and convincing evidence." So what does that really mean?

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September 15, 2014

You DO NOT have to go to AA to win your License back in Michigan

During a meeting with a new driver's license restoration client this week, I was reminded that there are a lot of misconceptions about the Michigan driver's license restoration/clearance process. In this and the next article, I will take up two of the more common misunderstandings about winning back your Michigan license: First, in this article, we'll examine why being in AA is NOT necessary to win. In the next installment, we'll dispel the notion that you first have to lose a license appeal before you can win.

Win badge 1.2.jpgLet's begin this article with the conclusion, and examine the details thereafter. You do not need to be involved in AA to win a driver's license restoration appeal. I guarantee that if I take your license restoration or clearance case, I will win it. It is from this position of authority that I can point out that less than half of my clients are actively involved in AA. Put another way, more than half of my clients for whom I win license appeals are not involved in the Alcoholics Anonymous program. Considering that I file and win more than 100 license appeals each year, I can back up what I say with more experience in any given year than almost any other lawyer will have in an entire lifetime.

Winning a license restoration case without AA was not always the case. Years ago, it seemed almost impossible to win your license back in Michigan without being in AA. In fact, there was a time when I'd screen potential license restoration clients by simply asking if they were currently attending AA; if their answer was yes, then we'd talk. If the answer was no, then I'd tell them go to AA, get a year of it under their belt, and call me back. As unfair as it was, that was how things worked.

Things have changed. There is a long story behind how and why things are better now, but I doubt the reader isn't interested in all of that; I certainly wouldn't be if I were just interested in getting my license back. The bottom line is that the DAAD (Michigan Secretary of State Driver Assessment and Appeal Division) has evolved, at least to a point, and understands that AA isn't for everyone. And it is on precisely this point where I bring an unrivaled advantage because I have a formal clinical education in the field of addiction studies at the post-graduate level that has afforded me a comprehensive, fundamental and modern understanding of the development, diagnosis and treatment of alcohol and drug problems. This helps me win license reinstatement cases, especially for people who are not in AA.

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