Weekly Summaries: DUI in Michigan for Non-Residents and no jail in Embezzlement/False Pretenses Cases

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1. Michigan DUI for Someone who lives in Another State
This week’s first article addressed the situation where a non-Michigan resident is charged with a drunk driving crime here, in Michigan. I handle a lot of these cases, and that almost without exception, I am able to arrange things so that my client will only have to come back to Michigan 1 time to handle the entire case. I called this “one and done.” We noted that it is still important to assess the evidence in the case to see if the whole thing can be dismissed, even though that isn’t the usual outcome. We next answered “What is going to happen to my driver’s license?” I pointed out that no state can take any action against a license issued in another state. Michigan, therefore, cannot do anything to a driver’s license issued by a different state. We saw, however, that the state of Michigan will typically restrict a person’s ability to drive within its borders for a while. We defined “restricted” to mean that a person can only drive for work, school, medical treatment, something the court requires and AA or other support group meetings. Your home state may take action against your license. All fines and costs will need to be paid on the court date. We concluded by noting that there is virtually ZERO chance of getting any jail, and that if things are handled correctly, the “one and done” means you go home either without any probation conditions whatsoever, or, perhaps, only the requirement that you complete a class in your home state and send proof back to the court. My goal is to work it out so that my client goes home without any kind of obligation to the court, probationary or otherwise. Here are the more important points from the Michigan non-resident DUI article:

  • I can arrange things so that your whole DUI case is handled in 1 day
  • Very often it can be all wrapped up in just 1 morning
  • We need to make sure the case is “solid” before we move ahead and finalize things
  • Whatever happens, the state of Michigan can’t do anything to your driver’s license as long as it was issued by another state
  • The state of Michigan can temporarily restrict your ability to use that license here, within its borders
  • Your own state may or may not take actions against your license based upon a Michigan DUI conviction
  • You will have to bring enough money to pay all fines and costs on your court date
  • There is virtually ZERO chance of any jail time
  • If things are handled correctly, you can leave for home without any kind of probation or other obligation to the court.
  • I call this “one and done.”

 

Now, on to the embezzlement/false pretenses article…

2. The main goal in an Embezzlement/False Pretenses case is to Avoid Jail

This week’s second article examined the main objective in an embezzlement/false pretenses case – staying out of jail. We skipped a review of the mechanics of these cases, from the police investigation to the bringing of the charge, because I’ve covered that in the embezzlement section of this blog. We observed that the first rule in dealing with a request to talk is to keep quiet, and we also noted the irony that most people start learning this after they’ve already made a statement. This led to our focus on the real heart of the matter in most embezzlement and false pretenses cases – making sure the Judge goes easy on you. The ability to do this consistently and do it well is really the culmination of decades of experience coupled with a strong charismatic and persuasive ability to communicate. As much as the victim of the loss will participate in the case and will almost automatically be the recipient of sympathy, I need to get the prosecutor and the Judge to have some sympathy for my client, as well. Most people charged in these cases are truly remorseful, and will tell you that they always wanted to find a way to pay things back. I have to use that to our advantage. Here are the more salient points from the embezzlement/false pretenses article:

 

  • Keep quiet to everyone (especially the police) about an embezzlement or false pretenses situation; don’t answer any questions
  • Many people realize the value of that advice after they’ve talked…
  • There is a whole process from investigation to criminal charges in embezzlement and false pretenses cases. I’ve covered that in my other articles
  • The main concern if you’re facing an embezzlement or false pretenses charge is to save your own butt
  • The party who suffered the loss has a major say in how things will proceed
  • To begin there is a lot of sympathy for them, and very little for you
  • That needs to be changed, and the anger from that side diffused as much as possible
  • There are multiple ways to do that and soften their anger
  • Ultimately, the prosecutor and the Judge have to learn the human side of the person facing the charge
  • When that’s done correctly, we can redirect those strong, negative emotions and maybe even get a little sympathy
  • If you can’t pay everything back, and almost no one can, then we need to bargain our way out of jail, at least
  • The whole goal is to have the Judge “go easy” on you