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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 Indecent Exposure and Aggravated Indecent Exposure

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 an examination of indecent exposure and aggravated indecent exposure cases in Michigan, noting that there has been an increase in aggravated (felony), over simple (misdemeanor) indecent exposure charges. After comparing the 2 IE offenses, we saw how both jail and sex offender registration was highly unlikely, and that most of the time, a guy will pick up one of these charges because he’s blowing off some steam, rather than because of some underlying “problem.” Here, in part 2, we’ll begin by looking at situations where there actually is some kind of issue to be addressed.

ert-300x240Although most IE cases DO NOT arise because of some kind of mental health issue, there are times when it can be a symptom of either an existing or potential problem, and it falls to the courts to figure out if that is or isn’t the case, and, if so, to take the appropriate remedial action. In that regard, the 2 of the biggest risks for problems are that the person is inclined toward exhibitionism, or worse yet, does suffer from some kind of sexual deviancy problem, and needs help.

If a guy has exhibitionist tendencies, then he (or she, but it’s almost always a “he”) needs to get that under control so as not to reoffend. As much as the exhibitionist may enjoy flashing, most of those who are flashed consider themselves victimized, and don’t enjoy the experience. It’s one thing for a guy to join a nudist colony, where nobody is offended by letting it all hang out, but it’s another to corner some young mom with kids in a quiet aisle at Target and freak her out by shaking his penis at her (and yes, we had a case just like that).

My team and I handle a lot of indecent and aggravated indecent exposure cases. For the last decade, more of these cases have been brought as the felony offense of aggravated indecent exposure, while the number the misdemeanor (simple) indecent exposure charges has simultaneously decreased. Also, and in the spirit of accuracy, it’s almost always men facing indecent exposure or aggravated indecent exposure charges (from here on, I will often refer to either or both as “IE”.) In this 2-part article, we’ll take a look at both offenses, and see how these cases work out in the real world. Let’s begin with a short video about them:

The very fact that we see less simple indecent exposure charges and more of the aggravated variety makes a good starting point. Just as about everything goes up in price over time, it seems that criminal laws always get tougher. Criminal offenses are easy targets for politicians, because there is never any partisan divide over wanting to protect the public by cracking down on drunk drivers, flashers, or the like. Being tough on crime looks good on anyone’s resume, and nobody wants to be seen as “soft.”

It’s a good thing to be a novice when it comes to facing criminal charges. As very experienced criminal lawyers, my team and I are lucky to spend most of our time with clients who are relatively inexperienced with the criminal justice system. A good person who finds themselves in a bad situation will do well with a lawyer who understands that all of this is new to him or her, and who can make things understandable for what is hoped will be a one-time (or last) trip through the criminal court process.

1_3TBatnV_zBfnXh5MzlcN4g-300x210Although we do handle a lot of 2nd and 3rd offense DUI cases, and even though they’ve been through the system before, those clients aren’t any kind of “criminals” in any real sense of the word. My team and I specifically concentrate our practice on the kinds of charges that don’t attract career criminals. DUI drivers may be facing a criminal charge, but repeat offenses in this field are much more about a troubled relationship to alcohol than anything else. Thus, even for people who have prior DUI convictions, the whole experience of getting arrested again for a subsequent DUI is unnerving, and still seems like a whole “new” experience.

It is, of course, normal for someone who suddenly finds him or herself having to hire a defense lawyer to have every intention to make the whole thing a one-shot deal. This is similar to needing a root canal, where a person is glad to find professional help, but hopes to never need the person’s services again. We get that a lot, and that’s a good thing. People with no, or relatively minor prior criminal records will usually fare better. Who you are (and who you are not) as a person matters in criminal and DUI cases, and the lawyer’s job is to use that to your fullest advantage

In a number of previous articles on this blog, I have tried to explain the impact of location on how things play out in DUI cases. In this piece, I want to expand the scope of that a bit, and make clear that, beyond OWI matters, the location of the court has an effect on all the types of cases I handle, including DWLS and DWLR (suspended and revoked license), indecent exposure, drug possession and embezzlement charges. For purposes of the discussion that follows, “location” should be interpreted to mean the location of the court where the case will be handled, and not merely the specific city in which the charge arose, although that plays a role, as well.

download-6There really is no way to over-emphasize the importance of location. No matter what the charge, if one of my team, or anybody else, for that matter, starts talking to me about a criminal or DUI case, the very first thing I ask is “where?” I know, for example, that a suspended license charge pending in the 52-3 Rochester Hills District Court is going to play out much differently than if was brought in the 41-A Shelby District Court, and that a DUI in Woodhaven’s 33rd District Court won’t be much like one pending in the 44th District Court in Royal Oak.

A criminal or DUI case is, for the most part, an accident of geography, because no one really goes out intending to get arrested. It would be absurd (but probably helpful) for a lawyer like me to publish a list of the best places for certain charges. I can already imagine how I’d break down something like that: if you’re going to drive drunk, avoid these places; if you’re going to drive without a license, these are the best places to get caught, etc.

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