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Driver’s License Restoration and Clearance cases are well-suited to start over the phone, and the “down time” many people have now is a good opportunity to begin this process.

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Articles Posted in Criminal Cases

In part 1 of this article, we began looking at the 3 questions anyone should consider as he or she looks for a lawyer for a Michigan criminal, DUI or driver’s license restoration case. After we went over a few preliminary considerations like not getting the “hard sell” from some lawyer’s office, we began examining the first of 3 sub-questions from the larger inquiry, “why should I hire you?” and saw why it’s important to find a lawyer whose practice concentrates in the same field as a person’s case.

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Having covered those things, we can turn to the second sub-question anyone looking for a lawyer should have about an attorney or law firm: How available do make useful information relevant to my specific concerns?

I’ve already mentioned this blog as a resource, and while I am proud of it (and think it’s the best out there by far!), there is lots of other information out there, as well. Find it, and see what other lawyers have written and then put up about your kind of case. Reading articles is about the easiest and most anonymous way to at least get some preliminary information about a situation, but a person must also make sure that the information provided is both accurate and reliable.

Anyone looking to hire a lawyer for a criminal or DUI case, a driver’s license restoration appeal (or really for any kind of case) should always consider the question, “why should I hire you?” Even if a person doesn’t directly ask that of some lawyer or law firm, he or she should have clear and direct answers to it. In this article, I want to go over the 3 most important questions a person should keep in mind as he or she considers which lawyer to hire.

3ThingsThe simple truth is that nobody needs a criminal or DUI lawyer because things are going particularly well. In addition, it can be a bit intimidating to call a lawyer. Personally, I HATE having to call people who are in any “hard sell” profession, like insurance or real-estate agents, or anyone who offers “free information” or a “no obligation” consultation that I know will result in a sales pitch. I fear that once any of these “sharks” get my phone number, they’ll hound me forever. Unfortunately some lawyers can be like that, too.

This reticence to call an attorney is likely the same for people who are looking to win back their driver’s license, as well. The whole idea of calling a law office can be stressful, not only because of the dreaded potential “hard sell,” waiting on the other end of the line, but also because the caller has no idea how nice (or not) the person answering the phone might be. This is why looking around online is so great; you have a chance to get some information without being hounded, intimidated, or pressured.

I have been writing about the ongoing changes in how criminal and DUI cases are being handled, both by the courts and our office, as a result of the Coronavirus pandemic. Things have, quite literally, been evolving on a daily bases. Even though procedures are still in flux, people are definitely getting more comfortable with the use of video in legal matters, both in the office and the courtroom.

companies-working-remotely-background-scaled-1-300x246Although there are trade-offs, the convenience factor of using video really can’t be overstated. This ability for a person to “be” in any court from the comfort of one’s own home seems like a great thing, but there is one huge concern I have about it that is the basis for this article: I have always been a strong advocate for hiring a “local” lawyer for a criminal or DUI charge. Here, in the Metro-Detroit area of Wayne, Oakland, Macomb and the surrounding Counties, “local” essentially means the “Greater-Detroit area.”

Up until recently, travel time was the main impediment to a lawyer taking cases all over the place. This is undoubtedly why lawyers pick a spot to open an office, and expect their practice to grow in that general geographic area. A Grand Rapids lawyer will usually stay within his or her general area, as will lawyers from Traverse City, Lansing, and Metro-Detroit. Our firm generally does not go to courts on the west side of the state, or up north. On the flip side, we don’t run into lawyers from Grand Rapids or up north in the courts around here, either.

The most important concern of anyone facing a Michigan criminal or DUI charge is “what’s going to happen to me?” Whatever that is, it happens at sentencing. At sentencing, the Judge decides what to do to a person who has been convicted of or pled guilty to a misdemeanor or felony offense. In a very real way, it’s the day of reckoning, or the day a person will “face the music,” so to speak. For many, the biggest part of this is finding out if they’re going to jail or not. As we’ll see, however, that concern is rather misplaced.

slide-10-300x247The sentencing is a legal proceeding. It’s when a person’s sentence gets imposed. The “sentence” is a court order specifying the things a person must do, can do, and is forbidden from doing. For example, a person sentenced for a 1st offense DUI may be put on probation, required to complete some classes, be allowed to leave the state only for work purposes and/or a scheduled vacation, but also be forbidden from consuming alcohol during probation, and required to test to ensure compliance.

It’s very important to understand that a sentencing doesn’t happen in a vacuum. The lawyer for the person being sentenced can (and should) play a huge role in how things turn out; we’ll look at that later. For now, what matters is that the sentencing is where the Judge orders what will happen to a person. Circling back to our DUI example, I often point out that success in a DUI case is best measured by what does NOT happen to the person facing the charge

As Michigan criminal and DUI lawyers, we spend a lot of time in court. Or at least we used to: that changed with the Coronavirus, and courts have been largely shut down since. As of this writing, Michigan courts are adapting their way to being able to handle regular criminal matters again. In the weeks following the state’s shutdown, only “emergency” matters, meaning things like arraignments, bond (bail) issues, and certain probation violation matters, were being heard. That’s about to change.

Picture1-300x212We really don’t know when things will fully get back to normal, or, for that matter, what that new “normal” will look like. We do know, however, that the way cases are handled is going to be different after this, both in the long and short-term. Even walking into court is going to give some people pause as soon as they approach a door handle and have to touch it, or, once inside, have to use a “public” pen to sign a document.

As lawyers who do a lot of our work in courtrooms, a regular part of our jobs involves turning and whispering instructions or otherwise explaining things to our clients, while standing before a Judge. How is that going to play out when cases are heard live again? Of course, the bigger question is, when will cases ever be heard live again? The immediate plan is to use as videoconferencing as possible, but may very well lead to some permanent changes, as well.

For all the things we do as Michigan criminal, DUI and driver’s license restoration lawyers, our practice, like the practice of any good lawyer or law firm, is every bit as much defined by the kinds of cases we don’t handle as those we do. There’s an old saying that “you can’t be all things to all people,” but too often, this is ignored, especially by attorneys who offer a range of services that is simply too broad.

tumblr_ly5jviSHY71r0lzjao1_400-300x230This applies to general field of “criminal law,” as well, with some “criminal lawyers” offering to handle every kind of charge, from driving with a suspended license (DWLS) cases, to rape and murder charges, all the way to post-conviction appeals. In the real world, the best lawyer to handle the appeal of a murder conviction is almost certainly not the best lawyer to have tried the underlying murder case itself, and he or she, in turn, wold be the wrong person to hire for a DUI case.

Better lawyers limit what they do in order to be excellent at a few things, rather than mediocre at many. This is exactly why construction companies use carpenters, electricians, and plumbers on their jobs, rather hiring a few “jack-of-all trades” handyman types to do the same work. Likewise, even though they’re both “surgeons,” it’s an orthopedic surgeon, rather than a cardiac surgeon, that does hip replacements.

In part 1 of this article, we began looking at how, at a certain point, some people get a nagging little feeling and have thoughts that something might be wrong with their drinking. Often, this happens after something like a DUI, or, worse yet, after multiple DUI’s have caused someone to have his or her driver’s license revoked and they grow tired of having to bum rides or risk driving without a valid license. Some people dismiss these though outright, rationalizing away any connection between their drinking and the problems they have experienced as a result.

download-6The best thing that can happen to a person experiencing problems with alcohol is getting to the point where he or she does see a connection between their drinking and many (or all) of the problems in their life, and then decide to do something about it. As I pointed out in the first part of this article, most people start off by trying to cut down or otherwise manage their drinking. Although this strategy never works, it is the failure of those attempts that provides exactly the lesson some people need to help them move to the next step – the decision to give up alcohol altogether.

In the real world, the decision to quit drinking never comes too soon. It usually follows a lot of time wasted unsuccessfully trying to control one’s drinking. Of course, just as some people are stuck in denial and just don’t believe that their drinking has grown troublesome, others get stuck in endless attempts to manage and limit it. It really is the luckiest of all who are able to reach the conclusion that the only way to “control” one’s drinking is to simply quit.

We are socialized to think of having drinks as something celebratory, and social. To younger people, the idea of “partying” and having a good time is often synonymous with drinking. For most people (but certainly not everyone, because some people have problems right out of the gate), their youthful drinking experiences are usually associated with things that are and/or were fun. For some, however, as youth fades, the drinking continues, but the good times don’t necessarily follow, sometimes ending up in things like DUI’s, and even loss of one’s driver’s license.

Bulbbbbb-300x253The idea that there might be something “off” with a person’s relationship to alcohol usually starts with an initial thought that his or her drinking needs to be reigned in a bit. By the time somebody starts thinking that way, or otherwise considering the possibility that his or her drinking has grown troublesome, it almost certainly has. This kind of thinking follows a process, because nobody goes from believing everything is fine one day to suddenly concluding that they have a major drinking problem the next.

In the real world, this usually starts off when a person begins to get a kind of nagging feeling that maybe he or she ought to slow down a bit, and/or not drink as much, or as often. This almost always comes about as a result of some kind of problem or problems. Whatever else, nobody thinks about trying to control their drinking because it’s working out so well. Instead, these thoughts come to mind after a person has been experiencing trouble of some sort.

There is no other proceeding in the legal world that involves a dynamic combination of both luck and skill like a probation violation. While there are plenty of situations in which the allegations in a violation are untrue, in the real world, more often than not, it comes down to a person either having done something they weren’t supposed to do, or not doing something that was required of them. The notion that properly handling these cases involves both luck and skill is very real, and makes the whole thing more of an art, rather than anything else.

Iluck-skill-300x195n terms of luck, this means that, on the one hand, if a case has been assigned to the most impatient Judge around who is known for not being interested in any excuses about anything, that’s bad luck. On the other hand, if the presiding Judge is known to be “forgiving,” then that’s good luck. Unfortunately, there is nothing that can be done about the Judge to whom a case is assigned, other than to make the best of the situation.

And there we get to the skill part of this: the lawyer must make take into account and work around the temperament of the specific Judge assigned to the case. It is critical to have a lawyer who is familiar with the court and knows how that Judge does things. As much as a lawyer needs to talk his or her client out of trouble, knowing the Judge and what will (and won’t) fly with him or her will help avoid talking the client into trouble, as well. For as much as my team and I talk, we also know when to shut up, and that’s important, as well.

In our capacity as criminal, DUI, and driver’s license restoration attorneys, it’s not unusual for us to be contacted by people who already have a lawyer and either want a second opinion, or are interested in hiring a different attorney. In this article, I want to take a short but serious look at how to tell if someone’s dissatisfaction with their lawyer is based on simply having picked the wrong attorney, or because the client has gone in with unreasonable expectations.

sbsb-290x300When a client’s expectations seem unreasonable, it raises questions about whether or not they were too high to begin with, or if the lawyer (as some do) helped create, or otherwise encouraged them. Part of being a good lawyer is to properly educate the client in order to manage their expectations. This is far different than merely exploiting them, and every lawyer with any experience knows that potential clients often hope for things that are simply impossible or unrealistic. The best example of this is when people want their whole case dismissed, and their legal reasoning in support of that is that they just “can’t have” a conviction go on their record.

While there is money to be made by lawyers who make it seem like they can just make everything go away, it is also inexcusably wrong (and just plain immoral) to allow someone to falsely believe that is a likely outcome. In other words, this is a 2-way street: on the one hand, it is essentially a given that clients will be hopeful that all the charges can be dismissed. On the other hand, it is also a given that a lawyer should know this, and instead of trying to “play” to it by encouraging false beliefs, should make sure the client’s concerns and expectations are addressed honestly.

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