Michigan Criminal Defense Lawyer Blog

In part 1 of this article, we began examining the economic realities Lawyers face in taking Court Appointed cases. In this second part, we'll focus on how that economic strain translates into time spent, or not spent, resolving a Client's case, and how that affects the level of service that is ultimately provided.

Beyond time and money, there is another, even less obvious factor that comes into play when we compare having your own Lawyer to taking one who has been Court Appointed. In my Practice, having a Client come in to hire me is almost always the by product of their deciding they like what I have to offer, and my thinking I can help them. In other words, there is sort of a mutual selection that has taken place. If the Client calls my Office and feels alienated, or if I speak with them and think they're nuts, then it's not likely we'll be meeting.

When I take a person's money, I feel a very serious responsibility to them to do whatever is necessary to produce the best outcome humanly possible. After all, they paid me.

When the Court pays someone, and the pairing of Attorney-Client has been by chance, that bond and that sense of agreement and understanding are simply not there. That's not to say that any particular Court Appointed Lawyer will neglect his or her Client's interests, it's just that, no matter how you slice it, that bond, understanding, sense of obligation, handshake, or whatever is NOT there, and never will be. Either side can always think "I didn't hire you" or "you didn't pick me."

In fact, it has been noted that there is at least a concern that because it is the Court, and not the Client who pays the Lawyer, the Attorney might be far more afraid to test the Court's patience, rather than the Clients. Think about it this way: one frustrated Client dealing with an otherwise happy Court passing on Appointments is worth more than one happy Client and a frustrated Court who might direct appointments away from a Lawyer who is seen as inefficient in wrapping cases up and moving them through. Remember who signs the check.

Then there is the matter of time spent with a Client before and during the case. The way I see it, I am paid to explain every aspect of a case to my Client. In a DUI, for example, I'll meet with my Client for 1 and ½ to 2 hours at our first Appointment. I will begin preparing the Client to take the legally required Alcohol Evaluation. My Client leaves not only with my phone number, but my "personal-business" e-mail so they can get in touch with me as other questions or concerns come up.

Continue reading "Michigan Criminal Law - Should I just go with a Court-Appointed Lawyer? - Part 2" »

One question that comes up from time to time within my Criminal Practice is "should I just go with a Court-Appointed Lawyer?" This is almost always preceded by an explanation that the questioner either has no money, or not a lot of it. This article will focus on that question, and will be broken into 2 parts.

Let's narrow that focus, however, to the types of Criminal cases that I handle. Thus, we are not talking about what are called "Capital cases," meaning those that carry a term of up to life imprisonment, and usually involve such crimes as Murder, Rape, Armed Robbery, and the like.

Instead, we'll focus on the rather garden-variety Misdemeanor case, or a light-to-medium severity Felony case. Typically, this will involve charges ranging from DUI, Suspended License and other Driving charges to things like Possession of Marijuana, Cocaine, Analogues, or other Drugs, up to Felony DUI matters. The idea here is that we are NOT talking about Murder, Rape or Armed Robbery type charges.

Let me begin by pointing out that when facing a Criminal charge, having a Lawyer is better than not having a Lawyer. The same thing goes for dealing with an injury. Better to have a Doctor than not.

At this point the reader is probably figuring that I'm going to begin an analysis of how and why Court-Appointed Lawyers are so inferior to those Practicing Privately. That's not the case. Instead, I'm going to examine the realities of the paycheck, and how that affects the level of service someone can expect.

Before we begin our analysis, I should point out that, contrary to popular opinion, a person represented by a Court-Appointed Lawyer must repay the Court. They are NOT free.

There is always some rumbling every year within the Legal Community about the need to increase the payment for Court Appointed Lawyers. The truth is, the Fee schedules that most Court-Appointed Attorneys work under was always below market in terms of compensation, and it has either remained relatively unchanged in the last umpteen years, or, in some cases, has actually gone down. It is generally recognized that within the economic realities of today's world, these Fees are bottom of the barrel. Compared to the Fees of a Private Lawyer (see my Fee Schedule), it seems like welfare.

This generally accounts for the notion that Court Appointed Lawyers are very often young, inexperienced "newbies" learning to "cut their teeth" in the real world. While that's not completely true, at least within the parameters of the kinds of cases I handle, any veteran Lawyer making his or her living on the Court-Appointed rolls, is generally not perceived (whether correctly or not) as having the "stuff" to be successful.

Continue reading "Michigan Criminal Law - Should I just go with a Court-Appointed Lawyer? - Part 1" »

In part 1 of this article we began discussing the concept of Alcohol Assessments, and how I came to realize how very important the results of any Alcohol Assessment test was in terms of the Sentence a person received, particularly in a DUI, where such a test is required by Law. In this second part, we'll pick up right where we left off and continue our examination of the role of the Alcohol Assessment test in DUI and other Criminal cases, and how a person can and should be prepared in order to do as well as possible at this most critical stage.

Now let's be clear about the role of these tests. In a DUI case, for example, the results of whatever test is given is, BY FAR, THE SINGLE MOST IMPORTANT FACTOR in determining what kind of Classes, Counseling, Education, or Rehabilitation Services will be ordered for the Defendant. It doesn't matter who you are, where you work, or who you know, if your test score indicates that you have, or are at risk to develop an alcohol problem, you are going to be ordered by the Court into some kind of Counseling or Treatment. End of story.

This means that scoring as well (meaning as low) as possible on this kind of test will have the biggest and best impact on the outcome of a DUI case, short of having the whole thing dismissed. It also means that missing a beat here or there will send you to Classes, Counseling, or Treatment that you might have otherwise been able to avoid.

So that's really the bottom line to all this. After we strip away all the "politically correct" ways to discuss this, the unblemished truth is that if you know how to score as low as possible on one of these tests, then the outcome of your case will be better.

Makers of Radar Detectors will proudly tell you their products are not made for the purpose of defeating any legitimate law enforcement tool, nor are they sold to help people break the law (meaning speed). Instead, the sales pitch involves your right to know if you're being watched.

Ditto for preparing for any kind of Alcohol or Drug Evaluation Test. I'd never suggest anyone lie, or give an untrue answer on one of these tests, but I sure as heck think that you have the right to know how you're answers will be evaluated, and how any particular answer affects your test score. In that regard, you have every right to know what you'll be asked about, and every right to know how your answers will affect the outcome of your DUI (or other) case.

Continue reading " Michigan DUI and the Required Alcohol Assessment Test - Part 2" »

This article will deal exclusively with certain aspects of the Alcohol Assessment, which is required, by Michigan Law, in all DUI cases. Sometimes referred to as an Alcohol Evaluation, or a Substance Abuse Evaluation, this kind of test is often administered in many other kinds of Criminal cases, particularly those involving alcohol or drugs. Like many of my longer articles, it will be broken into 2 parts.

A huge part of my practice involves helping people who are facing a DUI charge. Under Michigan Law, before anyone can be sentenced in a DUI case, they must undergo a mandatory alcohol assessment. This means they take a written alcohol evaluation test. This may be one of many different tests, but whichever is given, the test is graded with a numerical score. Generally speaking, the higher a person scores, the more likely they are to develop, or have an alcohol problem. The lower they score, the less likely they are to develop of have an alcohol problem. If you're thinking "lower is better," then you you're right on track.

I have been hesitant to publish this article out of a concern, misplaced perhaps, that it would appear I'm helping my Clients "cheat." Further consideration led me to overcome that concern by realizing that any Client has a right to know exactly what they will be facing in any case, and as a Lawyer, I have an obligation to be as thorough and knowledgeable as possible about all aspects of a DUI, or any other kind of case I handle. Telling someone what they're going to be asked, and how any particular answer will affect the outcome of their case is better thought of as preparation as opposed to any kind of unfair advantage.

Many years ago, I began to examine and study these Alcohol Evaluation tests. Seeing how the results of any such test was almost always the single most important factor in determining what happened to my Client in a DUI case, I began to see that helping a Client avoid a higher score was a huge factor in producing a successful, or better outcome. This eventually led me to a far more comprehensive study of the whole concept of alcoholism, addiction, and recovery. To say this has been a nearly lifelong interest is an understatement.

Continue reading "Michigan DUI and the Required Alcohol Assessment Test - Part 1" »

In Part 1 of this article, we had an overview of what it means to get "the least amount of consequences possible" in a DUI case. As we ended that general discussion, I observed that "the least amount of consequences possible" really means "the least amount of consequences possible in your particular case."

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?

Continue reading "Michigan DUI - The Least Amount of Consequences Possible in Your Case - Part 2" »

In my DUI Practice, I speak daily with people who have been Arrested and have to deal with Drunk Driving Charges. In most of the DUI articles on this Blog, I have tried to explain the DUI Process, and many of the things that are involved in such a case.

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.

Continue reading "Michigan DUI - The Least Amount of Consequences Possible in Your Case - Part 1" »