Michigan Criminal Defense Lawyer Blog

It's the 4th of July Holiday, so I'm going to cheat a little bit, and instead of writing a new Blog article, I'm going to "update" a previous article from earlier this year. As a Driver's License Restoration Lawyer, the percentage of cases won is, for better or worse, a benchmark of your ability. Just like a baseball Pitcher's ERA, or a Bowler's average, those numbers tell a story.

For as long as I can remember, I have maintained a win rate of well over 90%. This year, I decided to try and improve that. And, I have. So far, as of this writing, I HAVE WON EVERY DRIVER'S LICENSE APPEAL I HAVE FILED THIS YEAR! I have filed around 40 cases in 2010, and after the Hearing, have had a favorable decision in each one.

So this article is a little bit about bragging. Imagine you had a medical condition, and were looking for a Doctor. Wouldn't the fact that one has been able to cure 100% of their Patients interest you? I know it would interest me.

This success rate is the function of a number of factors. Perhaps the most important amongst them is that I will give a person an HONEST appraisal of their readiness to undertake a License Appeal. I will give them an HONEST evaluation of what it will take to win. And, I will be equally HONEST and tell someone that they're just not ready yet.

So what does this do for me?

To be blunt about it, it costs me money.

Instead of taking every case that comes along and is willing to pay, however, I feel that I have an ethical and moral obligation to NOT accept fees from someone if I don't TRULY BELIEVE, based upon my rather considerable experience, that their case can be made a winner.

For all of that, I often point out, in my various articles about Driver's License Restoration, that the process of Finding the Right Lawyer is about, more than anything else, finding someone who's the right fit for you. A winning success rate is, of course, important, but none of that will mean anything if the Lawyer and the Client don't communicate well.

Thus, when a person undertakes this process, they should read what any particular Lawyer has written on the subject of Driver's License Restoration, and feel both free, and, in fact, encouraged, to call or e-mail that Lawyer with any questions or concerns they have.

Whatever else, my 100% success rate up to this point in 2010 was certainly based, in large part, upon good, honest and open communication with each of my Clients.

As a Criminal Defense Lawyer who limits his Practice to Macomb, Oakland and parts of Wayne County, you might expect that I would just tell someone looking for a local Lawyer to "hire me!" Instead, this article will focus on what I believe to be some of the more important factors to consider when looking to hire a Lawyer, so that a good, solid and friendly relationship can develop.

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:

Continue reading "Finding the Right Lawyer for a Criminal Case in Macomb, Wayne or Oakland County" »

This article is in response to a number of inquiries I have received asking me to outline what I would do for someone in their particular Criminal case. It's a fair question. If you're about to drop $1000, $2000, or $4000 in Legal Fees on a Lawyer, it's probably a good idea to know what they expect to give you for your money, beyond a polite "thank you."

Unfortunately, the answer to that question, in any particular case, is not so clear cut. Some might find a Lawyer's reluctance to answer such a question with specific information to be a reluctance to "give away the store." In some cases, that may be true. After all, that no one wakes up every day for a week with a stiff knee, then starts calling Doctors and asking them exactly what they'd do to make it better and expects to get a detailed answer. Any Doctor who would take such a call, however, would likely have the same answer any competent Lawyer would have in responding to a question about a person's Legal situation: It depends.

There are really 4 significant parts to any Criminal case, at least once the case is active:

1. The person's story. Their version of what happened, and why, and what they think the Police saw, or learned.

2. The Police story. Their version of what happened, what they were told, and what they learned. This is often well summarized in the Police Report.

3. The Prosecutor's position. While this is largely based on the Police position, different Prosecutors have different personalities, and which one handles any particular case can have a profound effect on how it is resolved.

4. The Court in which the case is being heard. Beyond the fact that the different Counties have different approaches to cases, Judges, like Prosecutors, have different dispositions. Some Judges are especially tough on this or that type of offense, while other Judges might be more lenient toward the same offense, but tougher on another.

Thus, when a person calls and tells me their story, I have precisely ¼ of the information I need to get a clear picture. Going back to the Doctor analogy, after hearing the Patient's complaints, the Doctor probably has figured out that whatever the problem, and ultimate solution may be, it most likely involves the knee. Great. But he or she will want x-rays, blood work, maybe an MRI and an exam, as well, before forming a plan.

Continue reading "The Best Legal Strategy in a Michigan Criminal Case" »

This article will be a very short overview of where I handle Criminal Cases. It represents another departure from my typical informational article discussing some area or other of Criminal Law. I am posting this one because, quite often, I am asked a question about a case pending in a Court beyond where I handle Criminal Cases, and I want to clarify exactly where that is.

In many of my Blog articles, and on my Website, I often use the terms "Detroit area," Metro-Detroit area," "Metropolitan Detroit Area" and "Tri-County area," and I frequently describe my Practice as being limited to "Macomb, Oakland and Wayne Counties."

Let me be very clear about where I go, and where I do not.

I have been, and regularly go to, every Court in Macomb County. My office is in Mt. Clemens. Thus, I'll handle Criminal, Drunk Driving (DUI) and Traffic Cases in all Macomb County Courts.

I will, likewise, handle Criminal, DUI and Traffic Cases in all Oakland County Courts.

I go to some, but not all Courts in Wayne County. Here's a list of Courts where I do Practice:

16th (Livonia)
18th (Westland)
31st (Hamtramck)
32A (Harper Woods)
35th (Plymouth)
36th (Detroit)
All Grosse Pointe Municipal Courts.

This includes, of course, Felonies heard in the Wayne County Circuit Court.

I will also handle Criminal and Drunk Driving Cases in the 72nd District Court in Marine City.

I have, in the past, pointed out that I am not a fan of those "All Cases, All Courts" Law operations. I frequently observe that, in most cases, a person should hire a Lawyer who is "local" to the Court in which their case is pending.

Neither am I a believer in looking for good Legal Representation on a low-bidder basis. To me, trying to be everything to everybody, or using a cut-rate business model are not signs of quality, or at least not the kind that I'd buy into.

That said, just getting soaked for excessive legal expenses is not a sign of quality, either. I post my Fees right on my website. And why not? What's the big secret? I have no interest in "competing" with anyone else on fees. I'm more than some, less than others, and usually somewhere near the middle of the pack.

Continue reading "Criminal Cases in Macomb, Oakland and Wayne Counties - What Exactly Does That Mean?" »

In previous Blog articles, I have written about various aspects of Probation Violations. In some Courts, these are termed "VOP," meaning Violation of Probation. Other Courts schedule them as "Show Cause" Hearings. Whatever the name, the purpose of the Hearing is the same: A reckoning for either doing something prohibited under the Probation Order, or for NOT doing something that was ordered. This article will examine how I do Probation Violations, why I think I'm so good at them, and how much I charge.

In almost every one of my other Blog articles I have steered away from sounding like a salesman, opting instead to describe the various legal processes, and how they work, at least locally. This article will be a departure from that. I write this in response to a number of calls and e-mails inquiring about retaining my services in Probation Violation cases.

I have been asked any number of times if I have ever handled a case like this, or that, or have been in front of some Judge or other. Likewise, I have often been asked what kind of strategy I would employ in handling someone's case. I want to answer all these questions in one fell swoop.

I have observed that Probation Violation Hearings are typically less "legalistic" than other kinds of Criminal Proceedings, because the only issue before the Judge in a Violation Proceeding is to determine, by what's called a "Preponderance of the Evidence" (in other words, that there is more proof that Probation was violated than there's proof it was not; think 50.01% -vs- 49.99%) whether the person either did something that was prohibited by the Order of Probation, or failed to do something that was required by it. Thus, many of the Rules of Evidence, which govern criminal Trials, don't apply, and all that "proof beyond a reasonable doubt" stuff goes out the window. Being a "legal encyclopedia" does not mean even the most knowledgeable Lawyer can effectively handle a Probation Violation.

When it comes to Probation Violations, you should be looking for a Lawyer who's Professional in appearance, and charismatic in disposition. If you really want to get specific, you should be looking for someone whose personality seems magnetic. Forget anyone who comes off as arrogant. Same with Rude. Ditto for cold. And, above all, you should look for someone who's "local."

Continue reading "Finding the Best Lawyer for a Probation Violation in Macomb, Oakland or Wayne County, Michigan" »

Let me begin this "article" by pointing out that it is a departure from my usual information-style discussion of some aspect or other of the kinds of Criminal, Drunk Driving and License Restoration cases that I handle. I have found that, after reading some of my articles, some people will call my office and ask "How much do you charge?" or "Do you have a payment plan?"

On my Web Site, at the very top, there's a "button," or link for "Fees." For whatever reason, that button seems to get missed a lot. This "article" will discuss money; how much I charge for certain legal services and how payment is made.

For Driver's License Restorations, I charge $2100. The usual payment plan begins with 1/3 ($700) down at the first face-to-face meeting, another $700 paid as the case is prepared, and the final $700 paid about a week before the actual Hearing.

Most Misdemeanor cases are paid with an initial Retainer or ½ down, with the second ½ due prior to the Court date. Therefore, a typical Macomb, Oakland or Wayne County District Court case with a fee of $1200 would require a $600 payment at the first face-to-face meeting, and the other $600 paid just before the actual Court date.

In Misdemeanor cases which require more than 1 Court appearance (DUI cases always require 2 Court dates), the Retainer is still ½, with the second ½ due prior to the SECOND Court date.

For Felony cases, I usually require ½ down as a Retainer, and break the remaining ½ into 2 separate payments. Thus, if the Fee is $3400, I usually require ½ ($1700) as a Retainer at the first face-to-face meeting. The next payment is $850, which is paid when (and if) the case goes to the Circuit Court. The final payment of $850 is due just prior to the last Court date, which is usually the Sentencing.

Sometimes, by special arrangement, I will break the payments into 3 equal installments. Often, I will work out a deal where no further fees will be charged beyond the initial first ½ if the case is finished up in the District Court, rather than being bound over (or "sent up") to the County's Circuit Court.

Traffic Tickets are always handled on a ½ down, the other ½ due before Court basis.

There are no payment plans based on monthly or weekly installments, and the 1/3 to ½ down required as an initial Retainer is pretty much set in stone. Throughout my Blogs it has been my goal to be honest and direct. To that end, when someone calls about a Misdemeanor or Felony case and offers to put down a few hundred dollars, with promises of future payments, I must decline. Those arrangements have never worked out satisfactorily. A retired Judge once said, when imposing fines and costs and allowing no time to pay them, that although he believed most people had good and honorable intentions to pay, it was better that they got credit from someone who knew them better than he did, and that's how it works in my Office.

My office accepts Cash, Check, Money Orders, and Visa, MasterCard and Discover.

Most Lawyers who write anything at all about DUI cases tend to focus on the Evidence and ways to beat the case. However optimistic those sales pitches may be, the plain truth is that the overwhelming majority of DUI charges result in some kind of conviction. In most cases, after the Arrest, and after a person has been Arraigned, their Lawyer will work out some kind of "Plea Deal" that either reduces the severity of the offense or results in a Sentencing agreement or bargain.

This article will focus on what I consider to be, by far, the most important (and least talked-about) aspect of a DUI case. If the case is not dismissed on some technicality, or unless a person has gone to Trial and been found "Not Guilty," some kind of Plea deal will have been worked out by the Lawyer. By law, after a Plea (or conviction, if a person has gone to Trial and lost), but before the Sentencing can be imposed by the Judge, a person must undergo a mandatory alcohol evaluation.

This consists of a written alcohol-use questionnaire, along with an interview by a Probation Officer. This whole process is called the PSI, or Pre-Sentence Investigation. The end product of this process is a PSI Report, or Sentencing Recommendation. Michigan law requires that this Report be provided to the Judge at or before the time of Sentencing to help him or her decide what to do. On the date of Sentencing, both the person being sentenced and their Lawyer are required to read this Report before going in front of the Judge.

It is accurate to say that, almost without exception, whatever is recommended by that Report is exactly what the Judge is going to order. In other words, it is less accurate to call that Report a Recommendation than it is to call it a "blueprint" for what's going to happen.

I know that anyone reading this who has ever been through the DUI process before, (whether for themselves of with someone else) knows this to be true. In fact, I can safely say to anyone who has been through the DUI process before that whatever was recommended in that Report was, likewise, ordered by the Judge.

This means that unless a person is charged with a DUI where the Evidence is weak enough to be dismissed by the Judge, or otherwise has a Defense to the charge strong enough to "beat" it at Trial, they will be undergoing this PSI. And it also means that when the test has been taken and the interview with the Probation Officer completed, the final outcome of their case will have pretty much been determined. The Probation Officer "scores" the person's alcohol test. All of these test are "graded" with a numerical score; generally, the higher a person's score, the more likely they are to have or to develop and alcohol problem. Conversely, the lower a person scores, the less likely it is that they have an alcohol problem, or have the potential to develop one.

Continue reading "Michigan Drunk Driving - What Happens in a DUI Case " »

In my role as Criminal Defense Lawyer with an office in Macomb County, I have contact with all kinds of people from the Metro-Detroit area. Some of these people are the Defendant's themselves, some family, and others interested friends. Sometimes, the facts of a given case are so completely beyond dispute that I will be asked by the Defendant or their family or friends "Do I (or does the Person charged with a crime) really need a Lawyer?"

Now, you can probably guess my answer to that question, but the reason for it may not be as obvious. Sure, there is always the possibility of some technicality coming to light which can be discovered by an astute Lawyer, but the focus of this article is more about what a Defense Lawyer can do in pretty much each and every case, no matter how bad things might appear, rather than on some once-in-a-blue-moon turn of luck.

First, and just as a general observation, try and recall anyone in the Public Spotlight who has ever been charged with a crime and didn't have a Lawyer. Even in the age of video, where some crimes are caught on tape and a person's guilt appears to be a foregone conclusion (like the Police Officers caught on tape in the Rodney King beating), anyone familiar with the Legal System will always have a lawyer as they maneuver through it.

There's an old saying, referring to Lawyers, that "The Lawyer who represents himself has a fool for a client." Lawyers, perhaps more than anyone, recognize the importance of having Professional Representation. When Geoffrey Feiger faced (and was ultimately acquitted of) Federal charges related to Political Contributions, he hired a Lawyer (none other than the legendary Gerry Spence). And whether you like him or not (I do, and not just because I'm a Lawyer) you'll have to admit that Feiger is one good Lawyer. I'll bet most people would be hard-pressed to name any other Lawyer as good as Feiger, much less anyone even remotely in his league. Yet, despite being more than able to take on (and usually beat) anyone in a Courtroom, Fieger didn't do that; instead, he had Professional Representation.

So, what can a Lawyer do for someone who, for whatever reason (really bad prior record, crime caught on tape, solid confession, etc.) appears to be in a hopeless (and helpless) situation? What should a person look for in a Lawyer that will help them decide who to hire, and just as importantly, not to hire?

Continue reading "Criminal Cases in Michigan - Do I need a Lawyer?" »