In this second part of the article, we'll examine what that specifically means.

As an example, earlier today I handled a DUI for a fellow in an Oakland County District Court. This particular Court is FAR AND AWAY the toughest Court on DUI's in the Metro-Detroit area. It's easily twice as tough as the next toughest Court, at least where I go. The outcome of this case will invariably be different than the outcome of an identical case pending on the other side of Dequindre, in a Macomb County District Court. To put it mildly, a person who got "pounded" in a typical Macomb County District Court would still have far less "consequences" than a person who catches as good a break as possible in the Oakland County District Court where today's case was heard.

Oakland County is generally tougher on DUI's than Macomb, and Wayne County (at least those Courts in which I Practice) can be described as somewhere in the middle. Some Wayne County District Courts are as "lenient" in a DUI as many Macomb County Courts, while others are much more like their Oakland County counterparts. Those are essentially geographic factors.

In any Court with more than one Judge, each will have his or her own perspective on these cases. This means that a case assigned to one Judge may turn out differently than if it had been assigned to another Judge in the same Court.

There are other factors which affect a case, as well. In an earlier article, I examined how a person's Breathalyzer results can affect their case. A person caught with a .12 Bodily Alcohol Content (BAC) will be treated differently (meaning less harshly, which really means "less consequences") than a person caught with a .21 BAC, all other things being equal.

When someone is Arrested for a DUI and has a child under 16 in the car, they are usually charged with Child Endangerment. this ramps things up. If there was an accident involved, things likewise get ramped up a bit. It's the Lawyer's job to turn those lemons into lemonade, and help everyone cool down about the situation.

Can you see how a person with a really high Bodily Alcohol Content (BAC), who had a 12 year old in the car, was involved in an accident, and got popped in a tough Oakland County community will be looking at a very different picture than a person who got caught, driving alone, with a low BAC, in Macomb County?

Once we move beyond all of those factors which make each and every case unique, we then look to what can be done to minimize damage. Producing "the least amount of consequences possible" means spending the necessary time to fully prepare the Client for his or her Pre-Sentence Investigation, or PSI.

This is a step in a case which is required by Law. After a person Pleads to, or gets found Guilty of a DUI, Michigan Law requires that, prior to the Judge imposing Sentence on the person, they undergo a Mandatory Alcohol Screening. This means that, in every Court (except the 72nd District Court in Marine City), they'll be meeting with a Probation Officer for an interview, and they will be take a written alcohol test, as well. For the record, the 72nd District Court in Marine City refers all DUI Drivers for an alcohol evaluation at a hospital, or Clinic.

The result of that alcohol evaluation and interview is a written Sentencing Recommendation. The Law requires this report to be provided to the Judge at Sentencing.

As the linked article notes, what happens to a person in any case is almost always a repeat of what the Probation Department recommends.

It is therefore OF THE UTMOST IMPORTANCE to make sure the Client is well prepared for that PSI process. This involves not only teaching them the "science and psychology" of Probation, but how to avoid mistakes on the alcohol evaluation, as well.

The difference in possible outcomes between someone who had been well prepared for their PSI and someone who was not, and just went in and "winged it" is huge. It is attention to detail and thoroughness of preparation that will result in "the least amount of consequences possible."

Conversely, lack of proper preparation will likely involve "consequences" that could otherwise have been avoided, like classes, community service, treatment programs, and the like.

So when a caller or Client tells me they want to make sure they wind up with "the least amount of consequences possible," I want them, in turn, to understand that doing just that is my number one mission. After all, that's what you hire a Lawyer for in the first place.

One phrase that comes up quite often is that the person facing the charges will tell me that they want to resolve the case with "the least amount of negative consequences possible." While I think a closer reading of the many articles on this Blog would clearly show that "damage control" is job number one for any Lawyer, I thought that, in this article, we'll discuss that issue alone, and not as an implied subject in a larger discussion.

From my point of view, that's what you hire a Lawyer for in the first place. A Lawyer has a very simple mission in a DUI (or any Criminal Case, for that matter) case: Either get the case thrown out, beat it at Trial, or work it out in the best way possible for the Client. Given that relatively few cases are simply "thrown out" or beaten at Trial, this means that the overwhelming majority of cases will involve some kind of a Plea Bargain, and/or a Sentence Agreement or Recommendation.

Let's be very clear here: Statistically speaking, if you're facing a DUI and you are hoping that some Lawyer can just get the case "thrown out," or that the Police screwed up the Arrest and the Evidence gathering so badly that the case can be easily beaten at trial, you're betting on an extreme long-shot.

In a previous article about How the Rich and Famous Beat DUI Charges, I pointed out that, in fact, they usually don't. The purpose of that article was to demonstrate that even for those with unlimited financial resources to "Lawyer up" and fight every facet of a DUI case, every celebrity that I've heard of who got popped for a DUI wound up cutting a deal. None of them gets the case "thrown out," and none of them winds up being acquitted of the charges after Trial, either. They step up, admit responsibility, and (hopefully) move forward while they put the whole episode behind them.

What does that mean to you, if you're facing a DUI? It means that (again, statistically speaking), absent some bizarre circumstances in your case, you'll be working out a deal to minimize the negative consequences of your case. And that means your Lawyer will be doing damage control.

Thus, most people hire a Lawyer, who, in turn, gets the original OWI charge dropped to the less sever charge of Impaired Driving. After all is said and done, almost all of them will wind up on Probation, and, at least in 1st Offense cases, stay out of Jail.

Probation (at least as an alternative to Jail) is great, but it carries Conditions, and keeping those Conditions at a minimum is what people are really looking for when they say "the least amount of consequences possible."

For me, handling a DUI involves, first of all, investigating whether the case is flawed or weak enough to get "thrown out." Although such cases are relatively rare, they do happen, and making sure one of those gems doesn't get away the first order of business. After that, it means working things out to achieve the best possible outcome for my Client, which, from their point of view, means getting "the least amount of consequences possible."

To do that, a person really needs to understand that "the least amount of consequences possible" really means "the least amount of consequences possible in your particular case."

In Part 2 of this article, we'll examine specifically what is meant by "the least amount of consequences in your particular case."

I find it frustrating, at times, to accept that people are far more willing to shell out money for what they want to hear, rather than for what they need to, or ought to, hear. In other words, the appeal of having a DUI case dismissed outright is so strong, that any number of people will plunk down a ton of cash just for the chance to buy into that hope.

So that got me wondering about all those Hollywood Celebrities who seem to get popped every week for DUI. Why is it that for every one I hear about getting arrested, I hear about another being placed on Probation for an earlier arrest?

From what I can tell, they certainly have the money to hire some big-time Lawyer who can challenge the evidence every which way under the sun in an effort to get the case dismissed. And if getting the case dismissed costs only what can be called "pocket change" to them, why would they do anything else?

Because, for a very good reason, the overwhelming majority of DUI cases are resolved by a Plea bargain. Most cases are "solid." For almost every case where some aspect of the DUI process has been held to be unlawful, or legally unsound, there has been a corrective action on the part of the Police to eliminate the problem. The DUI process is designed to comply with the Law. When some aspect of that process is found to not be in compliance, and adjustment is made.

Why do you think we have Breatlayzer tests in the first place? To provide evidence of a person's Bodily Alcohol Content (BAC) at or near the time of their arrest. While there is a certain protocol that must be followed when administering these tests, and while there is a certain "margin of error" inherent in these tests (and every test I've ever heard of, for that matter), those cases which are so profoundly flawed in failing to follow that required protocol, or in which the margin of error, for some reason or another, renders the test results so unreliable, are the exception, and not the rule.

Otherwise, every single celebrity popped for a DUI would just "Lawyer up" and get the case dismissed. But that doesn't happen.

Imagine, for a moment, that you were made Judge for a day, and you're sitting in Court when one of these challenges comes before you. You hear the evidence, and the right decision could really go one way, or the other. What would you do? Would you set a likely Drunk Driver free, or would you "give" the Police a little latitude in doing their job? Think about it.

There is a happy middle-ground in this landscape. If fighting every aspect of the case, and spending a fortune doing it, is like having "surgery," then just settling to plead the case out might be compared to getting a "prescription" for the problem.

A good Doctor, will, however, examine the patient, and their tests, to determine the correct course of action. Most cases are solid, and, to continue our analogy, can be handled with a "prescription." Some cases, however, are unusual, and require "surgery." Finding out which path to follow requires analyzing the evidence, and being honest with the Client. Being honest means that you tell them the way it is, rather than the way it can, or should be, theoretically speaking.

Citing a million examples of what could be wrong with the case against someone, and then charging for the trial of the century in the blind hope of finding one of those exceptional problems, big enough to get the case knocked out, is more about telling people what they want to hear, more than anything else.

In other words, telling someone about all kinds things that can be wrong about the evidence, and providing a laundry list of potential problems with that evidence, or how it was gathered, does not make it any more likely that those problems do or do not exist in their particular case. A DUI case is either solid or not. And as we noted earlier, those cases which aren't solid enough to legally proceed are the exception, rather than the rule.

That middle ground I mentioned earlier requires the Lawyer to carefully examine the facts of each case and make that determination. To imply that the overwhelming majority of DUI Lawyers just want a quick "in and out" for a Fee and a Plea Deal means implying that all but a small handful are misleading their Client's or at least selling them short. Given Lawyer's reputation for arguing about everything, that doesn't make sense. Especially when Lawyers get PAID to argue. It's just that they should be paid to argue about things that can benefit the Client, and not just eat up, or justify an exorbitant Fee.

Instead, I think it means the vast majority of Lawyers bring about the best outcome in the vast majority of DUI cases.

If "beating" a case was only a matter of hiring a certain Lawyer, then no rich and famous people, and no Hollywood celebrities, would ever wind up on Probation for a DUI. Yet when is the last time you heard of someone famous "beating" a DUI charge?

All of this reminds me of about the only bit of financial advice I have ever remembered or followed. Years ago, a very well respected Wealth Manager was taking calls on the radio, and told the caller the best thing he could do to manage his money was to "watch what the smart money does."

In other words, see what the big Financial Institutions invest in, and what they avoid. The brainstorm idea that promises huge returns might not be as good as it first sounds. If it was, the "smart money" would be all over it. Instead, the "smart money" generally avoids things that sound to good to be true, opting instead for slow, steady, sure growth.

The same holds true for DUI cases. The "smart money" spent on a DUI embraces the facts of a particular case, rather than the hopes generated by a few, exceptional cases. Unless you get lucky, you might get very unlucky. And you'll spend a King's ransom in the process.

By Law, prior to the Judge imposing Sentence on a person with a DUI conviction (meaning they've pled to some alcohol-related charge, or were found guilty of one), the person must undergo a mandatory Alcohol Evaluation. This means they take a written test. This test is scored. The score a person gets determines, in essence, what will happen to them. The higher the score, the worse things are, whereas the lower the score, the less likely the person is to have, or to develop, an alcohol problem.

Beyond the test, every Court in the Tri-County area requires that the person also be interviewed by its Probation Department. The whole of this interviewing and testing process is often called a "PSI," or Pre-Sentence Investigation.

The Probation Department then makes a written report to the Judge, to be reviewed for Sentencing, advising what they think, based upon their interview and the person's test score, needs to be or should be done to them. In other words, the Probation Department recommends what the Sentence should be.

As I have noted in numerous places in both my Blog, and on my Website, these "recommendations" are more accurately called "blueprints" for what will happen, because in pretty much every Court, and in every case, what the Judge orders is usually either exactly in line with the recommendation, or darn close to it.

Think of it this way: If the Probation Department said Jane Doe had the potential to develop an alcohol problem, and was currently at the stage where it appeared she is abusing alcohol, and therefore should complete some classes, what do you think the chances are that some Lawyer can come along and convince the Judge that that's baloney, and no classes should be ordered? Do I hear a "zero" anywhere?

Thus, at the point where the Probation Department has made its recommendation, the Lawyer's influence in the way the rest of the case will play out has been reduced to minimal, at best.

So beyond negotiating a Plea Bargain, or getting a Sentence agreement to "no Jail" in a 2nd Offense case, what more can the Lawyer to do? Lots. Let's look at specifics:

Instead, the VERY BEST thing the Lawyer can do for the Client, after working out some kin of deal, is to prepare them for that PSI, meaning prepare them for both the alcohol evaluation test, and the interview with the Probation Officer.

It goes beyond the scope of this article to detail what's involved in that preparation. I often call it a "science," and in my office, it the WHOLE REASON my first appointment with a Client lasts about 2 hours.

For purposes of this article, we can simply note that the job of preparing the Client for the PSI involves making sure they score as low as possible on the alcohol evaluation test, and avoid making some common mistakes in answering many of the questions. In that regard, some of the "better" answers to those questions are not what a person might first think, and in some cases, the "better" answer is rather counter-intuitive.

Moreover an interview with a Probation Officer can be intimidating. They're not there to become your friend. Instead, they're job is to assess and evaluate a person and make a recommendation to the Judge about what to do to that person. Given that such a recommendation carries enough weight to be considered a "blueprint" for what the Judge will ultimately do, making sure that process goes as well as possible is extremely important. Again, some of this involves avoiding falling into common "traps" with the answers to the questions posed by the Probation Officer.

After this whole PSI process, the Client, and their Lawyer, return to Court in a few weeks for the Sentencing. That's when whatever is going to happen to them happens. The Parties check-in, and the Clerk or Bailiff hands the Lawyer the Judge's copy of the PSI Report, so that the Client and the Lawyer can "review" it. As we've noted several times, this means, more than anything else, learning what the Judge is going to do.

What happens to most people with a DUI is more about what doesn't happen. In John and Jane Doe's cases, they won't be going to Jail. They won't get stuck in Rehab unless they did poorly on their alcohol evaluation test (and they surely wouldn't have done poorly if they had been properly prepared...).

They might, however, get a year, or even a year and a half's Reporting Probation. In some cases, if things were done well, they might either avoid Probation altogether, or they might at least get a year's Non-Reporting Probation.

They might be ordered to complete a class, or even a few classes. On the other hand, if things were handled well, they may avoid all of the classes altogether, or may just be ordered to complete a one-session class.

They could be ordered to attend AA for a while. Again, at least to me, and unless the person clearly needs it, this is far likely if they have not been well prepped for the alcohol evaluation test. In most cases, at least mine, no AA is likely.

Another "might" involves testing. Some Courts are big on urine testing, and the worse a person does at the PSI, the more likely, and the more frequent, that testing will be.

Fortunately, in terms of what really happens, that's about it. Probation, Classes, and Testing are the most common, realistic consequence of a 1st Offense DUI.

Of course, in 2nd Offense cases, classes and counseling are guaranteed, and are required by law. The same concept of consequence management, however, applies in 2nd Offense, and even in Felony 3r Offense cases, but at a different level.

Thus, "what happens" in a DUI case, and particularly in a 1st Offense case, is a function of several factors. The underlying facts of the case itself are important. A person caught driving home, alone, form the bar at 2:30 in the morning is still in a better position than a person caught weaving all over the road, with 2 kids in the car, and 1 of them in a child-restraint seat, in the middle of the day.

Where the case is pending has a lot to do with things. Macomb County is, by and large, the better place to be facing a DUI than in Oakland County. Wayne County, or at least those Courts in Wayne County that I go to, kind of "split the difference" between the approached of the Macomb and Oakland County Courts, with some being very "Macomb-like," others being more "Oakland-like," and a few being like a kind of "halfway point" between the 2 in terms of final outcome.

Above and beyond those factors, the single most important part of managing the final outcome of the case, in other words, in making sure "what happens" is as lenient as possible, is making sure the Lawyer hired has an intimate knowledge of the PSI process, and particularly the nuances of an alcohol evaluation test. For my part, explaining to my Clients the 5 Primary Markers of an alcohol problem (Family History, Social Comment, Blackouts, Social Conflict, and Effects Threshold) and making sure they understand those, and how they're applied in any alcohol evaluation test, is the absolute key to making sure the case finishes as well as it humanly and possibly could.

We've examined the range of what can happen in a DUI case, particularly a 1st Offense case, and we've focused in on what is likely to happen. From there, we zoomed in on what will happen, and how whatever does, in fact, happen, can be managed. As with so many things which are important, it takes work". Good work is the key to good fortune," and for a person facing a DUI, that work starts with the process of finding the right Lawyer, and then doing the work with that Lawyer that's required to bring about the very best final outcome possible.

I think those two subjects appeal to most people's hopes and fears, more than anything else. What I mean is that suggesting to someone that there is a chance of having the whole case thrown out because of some technicality with the evidence appeals to their hopes. Telling someone they can be kept our of Jail appeals to their fears.

The point of this article is to explain that, at least in the Detroit-area, the vast majority of DUI cases result in neither outcome, and that perhaps a better, more realistic examination would focus on what's likely to happen in most cases. Rather than look at the rather unlikely outcomes that could happen when a person gets an OWI, we'll look at what really happens to the overwhelming majority of those facing such a charge.

Let's sharpen the focus even more: We're are pretty much saying that those who shout "get the case dismissed because of the Traffic Stop...!" and things like "the Breathalyzer machine isn't believable...we can beat this case...!" have an approach that seeks to capitalize on what may or may not exist in a small percentage of cases. Meanwhile, those who shout "I can keep you out of Jail...!" are promising a result that is already the likely outcome of a DUI (at least a 1st Offense, in pretty much every Court in the Detroit-area), even without their help.

What is it that a DUI Lawyer can really do, in most cases, to benefit his or her Client?

The answer, it turns out, is pretty simple: Make things better.

Let's talk about specifics: When a person gets a DUI, all sorts of things go through their mind. Obviously, we've covered 2 of the biggest: "Beating" the case, and staying out of Jail. Beyond that, however, are plenty of other, real life concerns: Will I lose my Driver's License? Will I be sent to Rehab? Will this cost me my job?

It's managing (meaning minimizing) those consequences, except in the unusual case that may be dismissed because of some fatal weakness, that is the honest business of a real-life DUI Lawyer.

So let's assume we're talking about John or Jane Doe, who was charged with a 1st Offense DUI in some City in Macomb County. The person blew a .15 on the Breathalyzer, which is a "medium" BAC, or Bodily Alcohol Content. Let's further assume that the Police Officer saw them weaving, and that both the Traffic Stop and subsequent Tests give were "solid." In other words, this case isn't going to be dismissed for some technicality.

The Lawyer has already negotiated with the Prosecutor to allow the Charge to be reduced to "Impaired Driving," which is going to save the person Points, Fines, Costs, NOT result in their being unable to drive, and cut their Driver Responsibility Fees payable to the State in ½ (from $1000 for each of 2 years to $500 or each of 2 years). No Jail is pretty much a guarantee, except in the 48th District Court in Oakland County.

So what can happen to John or Jane Doe? What usually happens?

In practice, what usually happens can range from a Sentence that simply involves paying fines and costs, and being sent on one's way, at the most lenient end of the spectrum, to being placed on Probation for 2 years, with frequent urine testing, and being ordered to complete an Outpatient Counseling Program and follow all aftercare recommendations, complete any number of educational classes, as well as attend AA, at the most severe end of the spectrum.

Most cases wind up in the middle. With good Legal help and guidance, a Client can avoid the Rehab, avoid the AA, minimize the frequency and extent of any urine testing, and avoid most, if not all, of the "classes" that often accompany a DUI Sentence.

This means that John or Jane Doe's will likely result is a year's Probation, perhaps even Non-Reporting Probation, and maybe an alcohol awareness class, or what's called a Victim Impact Panel. Of course, there will be Fines and Costs, and in a previous article I examined what those can be.

Now, notice that above, I said "with good Legal help and guidance..." In other words, this kind of outcome doesn't produce itself. That's where the Lawyer comes in. And that's were, when looking for DUI Lawyer, a person needs to know what to look for.

Beyond the marketing slogans like "We'll beat this case..." or "Stay of out of Jail," there is a whole, often underrated facet to the DUI process, and one which I can safely say has the BIGGEST IMPACT on what happens to the person charged, short of an outright Acquittal or Dismissal of the Charge.

In part 2 of this article, we'll examine that aspect, called a "PSI," or Pre-Sentence Investigation, and how a person needs to be, and should be prepared for the most important part of that Investigation, the legally-required alcohol evaluation test.

It can be generally observed that the better the consequences are managed, the less the whole debacle will cost.

There are a few things that are pretty much written in stone, however, when it comes to the cost of getting popped for a DUI. Here are 2 that top any list:

1. It's going to cost, and it's going to cost a lot. Even if you have been completely and totally wrongfully arrested for a DUI (which is, in itself, not a very common occurrence), just demonstrating that is going to require a substantial Legal Fee.

2. Unless the case is somehow dismissed, or "knocked out," there will be lots of additional costs and fees for about 2 to 3 years to come. They run into the thousands of dollars.

I was motivated to write this article precisely because, as a Drunk Driving Lawyer, my primary concern is to protect my Client from as many potential consequences of a DUI charge as possible. Some of those consequences are purely financial in nature, but others, like going to Jail or getting stuck in some Rehab, are not. Let's examine some of the money consequences of a DUI charge in the following paragraphs.

First, let's assume we're talking about a case that is not so weak that it will be "thrown out," or dismissed for some unlikely reason. Instead, we'll assume that we're talking about the garden variety, "got-pulled over for weaving at 2 a.m." kind of DUI.

The Arrest itself will cost money. Many cities and townships have "cost recovery statutes" that mandate that a person pay back the municipality for the police time, and supplies involved in their arrest, booking, and jailing. These costs can range from $150 to $350.

Getting out of jail the next day will often cost money. Sometimes, a person is let out after someone comes up and posts a $100 "Interim Bond," while in other cases, the person is held until they can be brought before a Judge or Magistrate and have a formal Bond set. These bonds can range from $100 to $750.

You have to hire a Lawyer. A person who cannot afford to hire a Lawyer can choose Court-Appointed, but, if there's any way to hire your own, I highly suggest it. Not to be flippant about it, but it's kind of the difference between Blue Cross, and Medicaid.

Here, Fees are all over the board. The bottom line is that while price is always an issue, shopping for the "lowest bidder" is not an intelligent strategy to find the right Representation, nor is just paying some huge fee a guarantee of better results. As with most big-ticket items you'll buy, the secret is to become a smart consumer. Do your homework.

In general, I think the following price ranges are fair for resolving most Detroit area DUI cases. For those cases that will involve evidentiary issues and hearings, and/or be decided at Trial, additional Fees will be involved:

1st Offense: $1000 to $2000

2nd Offense: $1500 to $3000

3RD Offense (Felony): $3000 to $5000.

There are going to be Fines and Court Costs. In the Metro-Detroit area, a 1st Offense DUI will go "out the door" in terms of Court fees, for between $700 and $1200. A 2nd Offense case will cost more, often from $1400 to $2200. In 3rd Offense cases, the costs aren't much higher, but there are other things, like getting locked up, to be far more worried about.

There may be Probation fees. Depending on the length of any Probation ordered, these can range from $100 to $1080.

There can be costs associated with being placed on a tether, instead of going to Jail. This can suck up to $200 per month out of your pocket.

There may be drug and alcohol testing ordered, both as part of the Bond, and/or as part of any Probationary sentence. A person can be subject to 1 or 2 urine tests per month, or 3 or 4 per week, and/or be ordered to wear an alcohol tether. This can cost from between $10 per month to over $300 per month.

There may be a class, or classes, and/or counseling ordered. This can range from a one time fee of $75 to monthly fees of over $200.

The State of Michigan will impose Driver Responsibility Fees for a DUI. This can range from $500 for 2 consecutive years to $1000 for 2 consecutive years.

The Driver's car insurance will go up. I think it's more accurate to say it will skyrocket. Most insurance companies count Points for 3 years (the State only counts them for 2), so this is another long-term financial outlay.

Finally, a person can expect some miscellaneous costs, like time off of work, gas, and other related expenses.

It is said that a 1st DUI Offense will cost a person about $10,000 when all is said and done. I don't know if the total goes quite that high, but as we've seen, it can approach that amount. Even if a person gets every break in the book, there's no avoiding the fact that a DUI will cost a small fortune.

The process of hiring a Criminal Lawyer really begins only when someone has been arrested and/or charged with a Crime. For the person charged, as well as any close family or friends, it's usually a very stressful time, and hardly the right time to try and practice good consumer skills. Unfortunately, that sense of fear and need for help can also leave people rather vulnerable.

There really is no shortcut to shopping around. Check out Lawyer's websites; read their Blogs. See what they have written about the kind of case you have. Make phone calls.

When my family and I moved into our home about 12 years ago, we needed a new Dentist. My wife looked around, and then began calling around. As she called different offices, she was struck by one office in particular. She told me that there was simply no way such a nice receptionist could be working for a Dentist who wasn't equally as nice. And, as it turned out, she was right. I suppose it's a variation of the saying that, by and large, the disposition of a dog is a reflection of the disposition of the family that owns it.

In my office, the person who answers the phone is really the "Director of First Impressions." I really think that's a good place to start. If the person answering the phone seems cold, or more interested in their chewing gum than the reason for your call, things are not likely to improve considerably as your call gets transferred down the line.

Another sure sign that things might be a little too "rinky-dink" is having your call answered by voice mail. Maybe it's just me, but if I call a business of any kind and get the office voice mail, I just hang up and move onto the next.

In terms of Lawyers, several things should be kept in mind, especially when the people looking to hire one are in rather urgent need of help and comfort:

Thus, when bombarded with legal terms such as "challenge," "dismiss," and "suppress," and phrases like "have the case thrown out," understand that as much as you'd want that to be the way things turned out, those things almost never happen.

2. The Lawyer you hire should have good listening skills. This means more than some "touchy-feely" thing listed by a person's profile on a dating site. Beyond being just hearing your story, good listening skills mean that the Lawyer can address your concerns, and can correct any misunderstandings on your part as you discuss things.

3. You should get a clear answer to the question "what can you do for me?" That does not mean you are necessarily going to get the answer you want, but there should at least be a clear explanation for how your case is going to play out, even if it's just a realistic best-case to worst-case scenario.

4. The Lawyer you hire should be a good fit for you. You know if you're comfortable with someone or not. Beyond your being a bit nervous about the situation in general, the Lawyer you hire should put you at ease, not talk about how bad things could be, especially when he or she talks about being the one to save you from that scary fate. This is often a matter of first impressions. A poor first impression is highly unlikely to be reversed at a subsequent meeting. You should feel solidly comfortable about trusting a certain person to have your best interests at heart.

5. Fees are important. Everyone has a price range within which they can work. Make no mistake, Legal Fees, like braces for the kids' teeth, are expensive. Most people will have to scrape and scrap to come up with the money to hire a Lawyer. As a result, there is a temptation to look for the lowest fee. The problem is that some people begin to become so fixated on that, they start hunting everywhere for the "lowest bidder."

Paying a large fee is no guarantee of quality, but paying a really bargain-basement price generally proves the rule that you get what you pay for. I always try to stay somewhere in the middle range when I'm shopping around for anything, because too low a price means a discount on the quality of services, while too premium a price usually means getting "taken to the cleaners." I think the same thing applies to hiring a Lawyer. A guy like me, with 20 years experience, knows he has something good to sell, and isn't interested in competing with discount providers. But, as an honest Lawyer, I also try very hard to provide a level of service commensurate with my Fees.

That said, paying $5000 or $6000 for something like a 1st or 2nd Offense DUI is insane, unless those are "trial fees." The same goes with any kind of case. Some people think they're a bit more special than they perhaps are, and as a result, set ridiculous Fees. Form my point of view, they go in the same bin as the "low bidder" types.

6. The Lawyer you hire should know the Court where your case is pending. I think he or she should know it very well. This is why I confine my practice to Macomb, Oakland and parts of Wayne County. I go to the same Courts over and over again, and I know the Judges there, and how things work. Some may disagree with me, but I don't think your case is the right time for your Lawyer to meet the Judge for the first time.

7. You should trust your gut. Above and beyond the few things I've outlined here, after meeting with someone, or talking to them, there is a little voice down in your gut that whispers its impression. Sometimes, that voice is drowned out by a chorus of encouragement to hire the person who threw around all those "challenge the stop," "suppress the evidence," "get the case dismissed" phrases because the desire to get those results, however unrealistic, can sometimes overcome a person's better judgment. A person should however, pay closer attention to that little voice over any others, because it's usually correct.

Finding the right Lawyer takes work. Even if you're best friend got acquitted of a murder charge by some well-known, well-heeled, bigwig Attorney, that doesn't make him or her the right one for you.

Earlier, I mentioned my wife's search for a family Dentist. 12 years later, I think that was one of the best decisions we ever made. I love my Dentist. I can talk to him like a regular person, and I know I can always trust his judgment. Even if I have a problem that goes beyond his areas of Practice, I want to know what he thinks, first, because of that trust I have in him. That's what you want when looking for a Lawyer.

This article will focus on a pattern that often comes with a DWLS charge: They often come in groups. The title of this article provides some insight, because it does seem like bad things tend to happen in 3's. It's not uncommon for me to get a call from someone who has recently picked up not 1, but 2 (or even more) DWLS charges in a row. Often, their License was suspended for an unpaid Ticket or Tickets, or because they owe Driver Responsibility Fees to the State. It seems, then, like the first bit of bad luck, usually a Ticket, results in 2 more Driving Offenses, all making a sort of "Trifecta" or "Hat Trick" of misery.

More often than not, the person calling me has either 2 upcoming Court dates, or is waiting to be notified about one or the other. Sometimes, however, the person may have failed to take care of one or both matters, and be faced with 2 outstanding Bench Warrants for failure to show up. One way or another, there comes a point when there are 2 (or more) pending Court dates, putting one case in front of the other.

The order of those cases can make a huge difference in how they're worked out. It is generally a good idea to wrap up the case in the more "lenient" Court first. It's harder to get a really good break in your second Court date if you're record has already taken a hit in the first. Whether those Court dates arrive in the better order, or not, is about a 50-50 split.

That does not mean that things are in any way dependent upon the initial order of these Court dates; it means that if they don't get put in the "proper" or better order in the first place, the Defense Lawyer needs to either re-arrange them, or work it out somehow so that the cases are resolved in the best way possible. This, of course, translates to working it out to spare the client any, or as much negative Legal and License impact as possible. Here's what I mean:

The target, if you will, is for the Defense Lawyer to get the DWLS charge reduced to what's called a "No-Ops," which means "No Valid Operator's License on Person." It is an offense which carries no Points, no "Mandatory Additional Suspension" and no Driver Responsibility Fees." It is the deal of the century, if it can be worked out.

In most instances, dealing with 2 (or even more) of these cases presents a challenge, but a very manageable one, for an experienced Lawyer. Sometimes the location of one or both cases can be a problem. Some Courts are just more "understanding" than others.

In my experience, Macomb County Courts amongst the best to deal with in these types of cases. There are a few Oakland County Courts that are wonderful, as well, and a few that would be at the bottom of your list if you had a choice. Wayne County Courts generally mirror Macomb, in most cases, with a few on the Western side of the County being more conservative than their more Eastern counterparts.

Whatever the location, as the saying goes, "it is what it is." You cannot go back in time and undo what has been done. You just have to do your best and take care of business. Perhaps the single worst choice a person can make is to just not take care of these matters. In most cases, as we have noted, this whole nightmare began because something was not taken care of. At this point, things get worse (and considerably more expensive) if they are not resolved, once and for all.

Again, I have the same old advice to anyone checking around for a Lawyer: Look for a Lawyer who is experienced in this kind of matter, and who knows the Court(s) where your case, or cases are pending. Search the net and read what any particular Lawyer has written on this subject. Call around, and look for someone who is the best fit for you. That may mean a different Lawyer is better for you than for the next person. It should never mean hiring someone because they're the "low bidder," nor should it mean thinking a really high Fee is related to quality of service, or results. Just like anything else, it's a matter of being a smart consumer.

In my 20 years of handling Marijuana cases, I have probably seen a "Possession" charge in every imaginable circumstance. For all of that, however the most common situation involves a Traffic Stop.

We will not be focusing much on the legality of the Traffic Stop itself; that would involve writing a big, fat, legal textbook rather than a Blog article. For our purposes, understand that as a Defense Lawyer, I always look to see if there are grounds to reasonably, successfully challenge the Traffic Stop. If so, then that's an option. In most cases, however, the reality of the situation is that the Judge isn't going to listen to the Police Officer testify as to his or her reason for pulling you over, and then say something like "that's baloney...this case is DISMISSED!"

The typical call in my Office is from someone who got pulled over for one reason or another, and was found with weed. Most of my Clients have no prior drug record, but a fair share of them do have a prior conviction. In either case, the Client wants, first and foremost, to avoid any Jail time.

This is were I can get a little angry about some of the things I hear. When I hear, for example, from someone who has no prior convictions, and they tell me they're calling around for a Lawyer, and that one or another with whom they've spoken has told them that they'll keep them out of Jail, I get mad. Not because I think there's any chance of them going to Jail, but because I know, right off the bat, that the person is almost certainly NOT going to Jail, and that kind of scare-tactic sales pitch is, well, baloney.

That's about as accurate and honest as a Dentist finding a cavity and telling the Patient "I can fill that, and this way your brain won't swell up and your skull won't explode." It was never going to happen, anyway. Ditto for Jail in a first offense weed case.

In fact, in 20 years and countless weed cases, I honestly cannot ever recall a single Client in a first offense Possession case going to Jail, or even coming close to it, for that matter.

So what does this mean? It means my focus in handling such a case is avoiding the kinds of things that reasonable MIGHT happen to someone facing this charge. It means I focus on keeping the whole thing off of their Record. It means I focus on getting my Client the most lenient, least intrusive, lightweight term of Probation possible.

If a person has no prior Drug Convictions, they are eligible for a deal, called a "7411," which means that the whole thing is kept secret, and never goes on their Record. The person will plead "guilty" to the Possession charge, with an agreement that the Judge will not actually "find" them guilty, and if they complete a term of Probation (it can be either Reporting Probation, or Non-Reporting Probation, that's up to the Judge), the whole matter is dismissed. Gone. Thrown in the trash.

This is HUGE. Under the law, anyone who is convicted of, or pleads guilty to a Possession of Marijuana charge will have the thing reported to the Secretary of State, and their Driver's License will be Suspended for 6 months. They cannot drive at all for the first 30 days, but the Court can issue a Restricted License for the remaining 5 months after that. Insurance companies love that. Want to bet no-one's rates have ever gone DOWN as a result of a Drug Crime Suspension?

This 7411 deal avoids that. Since the whole thing is essentially kept in the Judge's desk drawer, the Secretary of State never hears about it, there is no License Suspension, and a whole bunch of money is saved.

For those with a prior Drug conviction, 7411 is not an option. While a person with a prior, who picks up another charge is inching closer to the Jailhouse doors, part of the Plea bargaining process in these cases is to get a deal which avoids Jail. Again, in my 20 years, I have never had a Client in a 2nd Offense case go to Jail, either.

Equally as important as staying out of Jail in a 2nd (or even 3rd) Offense case is avoid Probation from Hell. Look, let's be realistic. From a Judge's point of view, a 2nd or 3rd timer doesn't present themselves as an overwhelming chance of success. They can count on a more restrictive term of Probation than any 1st timer. Again, that's just reality. My focus, in these cases, is to help the Client minimize that Probation, and avoid too many Conditions of Probation.

There's a lot that goes into that, and beyond just hiring a Lawyer, the Client is going to have to spend some time with me in the Office going over how that must be done. For what it's worth, a few hours Office time with your Lawyer certainly beats the hell out of countless hours and trips to give urine drops and attend classes or counseling that might otherwise have been avoided.

Most of these cases start with seeing the Police Car lights in the rear-view mirror. There's that nervousness that goes with the approaching Officer, followed by that sinking feeling when the marijuana is discovered. You know, at that point, that it's not going to be good, but that doesn't mean it has to end so badly. With a little effort, a Possession charge can, in essence be made to "go away," or, if not, then at least not be as bad as you might have feared, at first.

So who do you hire? You hire the Lawyer that seems to fit best with you. You check out websites, and read what Lawyers have written. You send e-mails, and/or call around. Fees are an issue, but by no means should a person be looking for the "low bidder" in this type of, or any Criminal Case, for that matter. Neither, however, should a person equate a huge fee with good results. Finally, always remember, that if it sounds too good to be true, it probably is. After all, these cases tend to follow a certain pattern, and it's the same pattern seen by the Police, the Prosecutors, the Defense Lawyers, and, most importantly, the Judges.