who is the best felony lawyer in macomb county Tag Archives

Defending Domestic Violence, Assault with a Dangerous Weapon, Assault by Strangulation in Macomb County

February 20, 2022 | Abdo Law Firm

“Assault with a Dangerous Weapon” – Up to 4 Years in prison

Defending Domestic Violence, Assault with a Dangerous Weapon, Assault by Strangulation in Macomb County

As you read through this, it is important for you to know that ALL criminal charges are pursued by “THE GOVERNMENT”. It is the ALWAYS “the state” that prosecutes individuals for violating laws within the state’s jurisdiction. The state does so by utilizing state prosecutors (attorney general), county prosecutors and municipal prosecutors to enforce the laws which are in place to protect property and people in our state under the theory that individuals do not have the resources to go after those that commit crimes to the extent that the government does. The state uses it law enforcement agencies to investigate crimes and manage the movement of prisoners to courts. The court has vast powers to set bond, impose no-contact orders and order witnesses to appear in court through its subpoena powers. For this reason and other public policy reasons, it is difficult for a victim to get a case dismissed that is “in the system”. Getting a sharp local criminal defense lawyer is your best course of action to get a case under control when a victim does not want to cooperate.

List of Michigan Assault/Domestic Violence Crimes and Maximum Penalty

According to Michigan Crime Statistics, over 100,000 assault crimes occur each year in the State of Michigan. The MICR breaks down the types of assaults with over 30,000 assaults involving a deadly weapon and over 60,000 as domestic violence. Crimes are classified in Michigan as felonies or misdemeanors. A felony is considered a more serious offense and is defined as a crime that can carry more than one (1) year in jail – up to life in prison. A misdemeanor is a less serious crime that is defined as a crime that can carry a maximum of one (1) year in jail. Assault with a deadly weapon is a felony.

The following is a partial list of misdemeanor and felony assault crimes as contained in the Michigan Penal Code:

Misdemeanor Assault Crimes Maximum Punishment

Assault & Battery: 93 days jail
Domestic Violence: 93 days jail
Aggravated Assault: 1 year jail
Aggravated Domestic Violence: 1 year jail

Felony Assault Crimes Maximum Punishment

Assault with a Dangerous Weapon (ADW): 4 years prison
Felony Domestic Violence (3^rd Offense): 5 years prison
Assault with Intent to do Great Bodily Harm: 10 years prison
Assault by Strangulation: 10 years prison
Assault with Intent to Murder: Up to life in prison

Once an assault crime is on your record, it can lead to devastating consequences that will last a lifetime. In this publication, we will discuss ways that to successfully defend assault crimes against all odds and how to dodge felony convictions. We will also discuss situations whereby an alleged victim or injured party wants the case dismissed or fails to appear for a trial.

Assault with a Dangerous Weapon: A pool stick, car, or dangerous object can be considered a deadly weapon!

Threatening another person with an object during an altercation (assault with a deadly weapon) can result in serious felony charges. Assault with a dangerous weapon (ADW), aka felonious assault, involves the threat or use of force, with a conventional weapon (knife, gun, ), or with an object that is capable of being used as a deadly weapon (golf club, bat, pool stick, car), putting another person in fear of an assault with or without making actual physical contact with the other person. Assault with a deadly weapon is consistently one of the most prevalent felony crimes in Macomb County Courts. Assault with a dangerous weapon is a serious felony which is punishable by up to 4 years in prison. Actual physical contact or an injury is not required.

Assault by Strangulation or Suffocation: Punishable by up to 10 years in prison!

This charge is more common than you would think. The statute defines assault by strangulation or suffocation as an assault that impedes normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person. Assault by strangulation or suffocation (MCL 750.84) is a felony which carries up to 10 years in prison. This offense arises most often in domestic altercations. Placing someone in a choke-hold or grabbing someone by the throat can constitute an assault by strangulation. There is very little proof required to pursue this charge. There is no requirement of medical attention or an actual injury to pursue a charge of assault by strangulation. All that is required is a statement by the victim that he or she was choked and unable to breath momentary. The statement may be one that is made during the 911 call and is recorded or a statement that is made during the police investigation. The alleged victim may have exaggerated the episode and an innocent party winds up being charged with a serious felony. The assault crime defense lawyer can usually find a way to avoid a felony conviction and jail time. Getting the victim on board to drop the charges is the best way to get the case under control. It can be very delicate, but there is usually a way to reach the alleged victim even if a “no-contact order” is in place. If the victim does not want to testify, the defense attorney will encourage the victim to contact the prosecutor. Don’t just take a plea deal when your life is on the line. Getting a local experienced Macomb County criminal defense attorney is your best course of action if you are charged with a misdemeanor assault, felony assault or domestic violence.

The initial arrest, bond conditions and the next step in a domestic violence case

If you are arrested for an assault or domestic violence crime, do not resist or say anything to the police except: “I’m exercising my right constitutional right to remain silent.” Asking the police officer if you can contact a lawyer (from your home or cell phone) is not an unreasonable request. The arresting officer may or may not allow for you to make a phone call. At your earliest opportunity, you or a family member should contact a lawyer for guidance. Being detained will seem like a lifetime but be assured that at some point a bond will be set and bond conditions imposed. The bond will usually require that money be posted with the court or with a bondsman. Typical bond conditions include:

No contact, direct or indirect, with the alleged victim.
Random testing for drugs and/or alcohol.
No travel outside of Michigan without court approval.

MOTION TO REDUCE BOND: You have a better chance to get a low cash bond or a personal bond with an attorney present at your arraignment/bond hearing. However, it is not always possible to get a lawyer on such short notice. Should the court set an unreasonably high bond, a motion for bond modification can be filed to reduce bond and/or request modifications of any bond conditions. .

NO-CONTACT: You may not be able to return to your own house! If you have been living with the alleged victim and the alleged victim remains in the home, you may not be allowed to return to the home if a no-contact order is in place. Of course, this scenario has ridiculous implications for someone that has nowhere else to live, does not have access to clothes or other necessities. A police escort may be requested to gain access to the home for personal belongings. If the other person is not on the title and refuses to vacate the home, an eviction may need to be filed to regain possession. The eviction process can take several days or months, depending upon the circumstances.

TESTING FOR DRUGS AND ALCOHOL: Alcohol, drugs or mental health are often a factor in domestic violence cases. For this reason, drug and alcohol testing is often ordered as a condition of bond and release from jail. There are various forms of testing which include: random testing for drugs and alcohol, wearing an ankle alcohol monitor (SCRAM), carrying a device that requires alcohol testing at various intervals (SoberLink).

Parenting time with minors: Parenting time will be difficult and sometimes impossible while a no-contact order is place. If the domestic violence case is viewed as extreme in the eyes of the court, parenting time may be halted until the accused party is cleared for visitation by professionals and the court. The court handling the domestic violence case may allow limited contact with the alleged victim for purpose of transacting parenting time. Many times, parenting time must be re-visited at the court with underlying jurisdiction over child custody.

Getting a lawyer: Hiring a lawyer is a daunting experience but can be made less painful by getting a local criminal defense lawyer that can clearly explain your options and give you straight forward information about legal fees.

What if the alleged victim does not want to testify and wants the case dismissed?

In more than fifty (50%) percent of the domestic violence cases that our criminal defense law firm handles, the alleged victim does not want to pursue the charges and wants the case dismissed. The problem is that the victim does not know how to go about contacting the prosecutor and the prosecutor may not be receptive to dismissing the case. In addition, there are policy reasons that make it difficult to get a domestic violence case dropped as we explain in another publication. The criminal defense may be unable to speak to the alleged victim because of a “no-contact order” and doesn’t want to accused of witness tampering pursuant to MCL 750.122. An alleged victim that wants to change a police report may face charges for filing a false police report if the second report is different than the first report. The alleged victim may also be threatened to be held in contempt of court for failure to comply with a subpoena (order to appear for a hearing to testify).

Under certain circumstances, the prosecutor may attempt to proceed without the alleged victim by introducing the statements of the alleged victim which were made during the criminal investigation. The prosecutor should expect strong objections from defense counsel in this scenario based upon the hearsay evidence rules and the Confrontation Clause of the Constitution.

There are serious legal complexities involved in cases where the alleged victim wants to dismiss an assault charge or does not want to testify at trial. The alleged victim may consider hiring independent counsel for representation to avoid any communications with the prosecution and determine if taking the Fifth Amendment (right to remain silent) is a viable way to proceed and for answers to these questions:

Will the alleged victim be held in contempt of court and face jail upon failure to appear at trial or a hearing to testify?
Can the alleged victim be charged with a crime for changing the story about what happened?
Can charges be filed against a person that tells the alleged victim not to appear at court (witness tampering or intimidation)?

It takes the skills of an experienced criminal defense lawyer to navigate all of the legal issues that can arise in situations such as this. After the arraignment, a pretrial conference will be held for a misdemeanor or a probable cause conference will be held for a felony. It is at these proceedings where most domestic violence cases are resolved, the charges are lowered or dismissed, and we can get our clients out of the broken court system.

Assault and Domestic Violence Strategies: Avoiding Conviction, Jail, Record

A person charged with an domestic violence or any assault related crime has many concerns including:

Can a conviction be avoided?
Can jail be avoided?
Can a felony conviction be avoided?
Can a no-contact order be lifted?
Can probation be modified, terminated, reduced?
Can alcohol or drug testing be avoided?

There are several factors that can influence the outcome of an assault charge, including:

Prior criminal record of the accused.
Any injuries to the alleged victim.
Prior assaultive history of the alleged victim.
Whether the accused acted in self-defense.
Whether any drugs or alcohol are involved.
Whether the alleged victim will agree to a plea bargain.
Whether the alleged victim will testify at the preliminary examination or trial.
Whether the alleged victim claims any losses (restitution).
Whether the prosecutor has a ‘no plea bargain’ policy.

Getting a Domestic Violence Under Control, Dismissed, Avoiding a Felony Conviction

Getting charged with domestic violence doesn’t mean that you will be convicted of domestic violence. There are a number of options to get a domestic violence under control. In defending clients charged with an assault crime, there are various outcomes that we have obtained to avert a conviction or felony record which include the following:

Youthful Offenders – HYTA: Getting the case dismissed for offenders age 18 to 25 pursuant to HYTA.

MCL 769.4a – Deferral: Getting a domestic violence case deferred (period of probation) and dismssed at the end of the deferral period.

Self- Defense: Arguing self defense during negotiations or at trial to fight for a dismissal or lesser charges.

Victim Will Not Testify: When the victim will not testify, the defense attorney will ask the judge to dismiss the case on various grounds.

Getting a felony reduced to a misdemeanor: When the prosecutor has a strong case and the victim is not willing to dismiss the charges, avoiding a felony conviction can be the best course of action.

Please browse our webpages and blogs that are dedicated to the topics of assault crimes:

Public Policy Reasons Make it Difficult to Get Domestic Violence Cases Dismissed

How Am I Being Charged With Domestic Violence / Assault When I Acted In Self-Defense?

Can I be charged with a crime if only one person says I did it and there are no other witnesses or evidence (commonly called “he said/she said” cases)?

Imposition of No Contact Orders for Persons Charged with Michigan Criminal Offenses; Assault, Stalking, Domestic Violence

When a Misdemeanor Assault or Domestic Violence Case Escalates to a Felony

Part 1: Domestic Violence Cases in Macomb and Oakland County, Michigan, Investigation, Arrest and Statements by the Accused

Part 2: Domestic Violence Cases in Macomb and Oakland County, No-Contact Orders, Dismissals for First Offenders

Part 3: Domestic Violence Cases in Macomb and Oakland County; Court Process, Victim Failing to Appear in Court, Victim Providing a Contrary Statement

42-1 District Court: The Romeo Court has Jurisdiction for Drunk Driving, Traffic Tickets and Criminal Matters in Northerly Macomb County

February 11, 2018 | Abdo Law Firm

MACOMB COUNTY DISTRICT COURT MAP

The 42-1 District Court is located at 14133 33 Mile Road, Romeo Michigan 48065

The 42-1 District Court’s physical jurisdiction covers 180 square miles in northerly Macomb County which includes the City of Romeo, Washington Township, Armada, Richmond, Memphis, Ray Township and Bruce Township. The 42-1 District Court, also called the ‘Romeo Court’ has jurisdiction over more land mass in Macomb County than any other district court. Judge Dennis Leduc is the presiding judge of the 42-1 District Court. The 42-2 District Court, also known as the ‘New Baltimore Court‘, covers the remainder of the 42nd District.

Here are a few things that you should know if you are charged with a DUI, traffic ticket or criminal charge in the Romeo Court:

All fines and costs are due on the date of sentence with few exceptions.
Alcohol and drug testing is used extensively.
All DUI cases are referred for a substance abuse evaluation.
Most criminal cases require a probation interview prior to sentencing.
Drug crimes and other crimes will be considered for deferrals where dismissals can be earned after a period of probation. This is discussed in more detail below.

There are several police agencies within the 42-1 District Court jurisdiction. The Macomb County Sheriff’s Department has the largest presence in the northerly region of Macomb County. Other law enforcement agencies within this jurisdiction include the Romeo Police, Richmond Police and the Michigan State Police North Post.

The northerly region of Macomb County, is a blend of rural and suburban living. It is also experiencing economic expansion at every level. Expansion is most notable in Washington Township which is on the southerly border of the 42-1 District. The very essence of expansion equates to an increase in population, retail development and added traffic volume.

Criminal Cases in the 42-1 District Courts: Provisions of Law to Get Dismissals Available!

Our firm has represented clients charged with just about every imaginable misdemeanor and felony crime in the 42nd District Courts in Romeo and New Baltimore. The following is list of some of the most prevalent cases that we regularly see on the 42-1 District Court docket:

Domestic Violence
Retail Fraud (1st, 2nd 3rd degree)
Drunk Driving (OWI, Super Drunk Driving with .17 or more, OWI 3rd)
Drug Crimes (mostly possession analogues, marijuana, heroin)
Assault Crimes (misdemeanors and felony assault)
Traffic Crimes (DWLS, leaving scene of accident, reckless driving)
Disorderly Conduct (public intoxication, urinating in public)
Embezzlement & False Pretenses
Credit Card Fraud & Uttering and Publishing
Sex Crimes

The 42-1 District is a conservative district. Judge Leduc runs a tight ship and his Court is run very efficiently. Judge Leduc likes to see the presence of family members in the courtroom and will ask for their input regarding those that appear before him.

Getting out on bond, bond conditions: If you are arrested or arraigned on a criminal matter in the 42-1 District Court, you will appear either before a magistrate or judge. Insofar as possible, it is always advisable to have an attorney present for arraignment purposes. An attorney can make a considerable difference at an arraignment hearing by advocating for a personal bond (where no money needs to be posted) or a for a low cash/10% bond arrangement. In addition to the cash component of bond, the Court can also impose bond conditions upon a person’s release from jail. Drug and alcohol testing are common bond conditions for those charged with any crime involving drugs or alcohol. A ‘no-contact order‘ is assured in assault cases, domestic violence, sex crimes and all other crimes involving a victim. In retail fraud cases, the accused party may be instructed to refrain from entering the establishment where the alleged shoplifting occurred. A motion for a hearing can always be filed to modify bond conditions, remove a no-contact order or eliminate travel restrictions.

Misdemeanor or Felony Classification: In Michigan, the district courts have full jurisdiction to dispose of misdemeanors through sentencing. A misdemeanor is classified as an offense that carries up to 1 year in jail. Felony cases are another matter. A felony is classified as a crime that can carry more than 1 year in jail. A felony case is initiated in the district court for the arraignment, probable cause conference and preliminary examination. A felony that is not resolved in the district court will be moved to the circuit court for further proceedings. In certain cases, a felony can be reduced to a misdemeanor and can remain in the district court. Accomplishing reduction of a felony to a misdemeanor, thus avoiding a felony conviction, is considered a huge victory.

The outcome of a criminal case in the 42-1 District Courts, as well as other Macomb County District Courts, is dependent upon many components. The most significant factors that can have a bearing on the disposition of a case are:

Prior criminal history of the accused party.
Cooperation with the police.
Whether another party was injured, or property was damaged.
The ability of the accused party to provide restitution for damages to the injured party.
Whether the offense is a ‘policy case’ (crimes against senior citizens, children

We have utilized each of these special provisions of law in the 42-1 District Court which can result in a dismissal of a criminal matter:

HYTA for youthful offenders (age 17 to 23)
MCL 333.7411 for first time drug offenders
MCL 769.a for domestic violence.
Delayed Sentence or Deferral

Even individuals that have a prior criminal record will be given respect and consideration for plea deals to get a dismissal under certain circumstances.

Drunk Driving Cases in the 42-1 District Court

1^st offense drinking and driving: For most first time drinking and driving (and drugged while driving) offenders, jail is not likely absent some other aggravating circumstances. A person without any prior drinking and driving offenses can expect to get an OWI reduced to ‘operating while impaired’. It is extremely difficult and rare, but not impossible, to get a drinking and driving offense reduced to a non-criminal offense. In addition to probation, a person convicted for a first drinking and driving offense (operating while impaired) is looking at:

Probation for 1 year or less
Fines and costs approximately $1,200.00
Restricted license for 90 days
Attend an alcohol or substance abuse program (discretionary)
Possible drug testing, alcohol testing, AA meetings (discretionary)
4 points on driving record

Super Drunk Driving: If a person is charged with Super DUI (BAC .17 or greater) a deviation may need to be filed to get a plea bargain to a lower offense. Super DUI convictions will result in mandatory license suspension for 45 days followed by a restricted license for a period of 320 days with the requirement of a vehicle breathalyzer ignition interlock device (BAIID). The Court can also order installation of an ignition interlock system on any vehicle driven by a person convicted of any drinking and driving offense.

Repeat DUI Offender: A repeat drinking and driving offender may be looking at a longer period of probation, up to 2 years, with the possibility of some jail time. There are many steps that we can recommend to those charged with a repeat offense to reduce the likelihood of incarceration in almost every Macomb County court.

Third Lifetime DUI = Felony: DUI 3rd is a felony/with a maximum penalty of 1-5 years in prison. Felony matters begin in the district court and can remain in the district court for purpose of sentencing and probation if reduced to a misdemeanor. Felonies that are not resolved in the district court are handled in the Circuit Court after the probable cause conference or preliminary examination. We evaluate every DUI 3rd for opportunities to get it reduced to a misdemeanor by filing strategic legal motions, negotiations and filing a deviation request.

The 42-1 District Court Probation Department: 14133 33 Mile Road, Romeo Michigan 48065

The 42-1 District Court has its own probation department located in the courthouse.

It is within the judge’s discretion whether to place an individual on probation after being convicted of a criminal or drunk driving offense. In many cases that qualify as isolated incidents, we may be able to convince the judge that probation, also known as community supervision, is not necessary. When probation is imposed, the judge may require reporting or non-reporting probation. The maximum period of probation that can be imposed in the district courts is 2 years. However, our experience is that probation is rarely imposed for more than 1 year for most first-time offenders.

Traffic Violations in the 42-1 District Court: Reduced to Avoid Points and Record of any Conviction!

Several police agencies have an active presence monitoring the activity of vehicular traffic within the jurisdiction of the 42-1 District Court. Like other district courts in Macomb County, I would say that traffic tickets are on the top of the list of types of cases that are litigated at the 42-1 District Court. When resolving a traffic matter in the 42-1 District Court, we are often able to negotiate a reduction or avoid points. A substantial reduction in a traffic ticket occurs when it is reduced to an offense such as impeding traffic or double parking. A traffic ticket that is reduced to impeding traffic or double parking does not carry any points and will never appear on a person’s driving record! We are also able to get favorable results for individuals charged with misdemeanor traffic offenses such as driving while suspended, reckless driving and leaving the scene of an accident. Unfortunately, most individuals that receive a traffic ticket do not hire a lawyer and wind up with a record and points that will have an impact on insurance premiums for several years. The path of least resistance, paying the ticket, can be much costlier in the long run.

Court Personnel are Forbidden to Give Legal Advice: Yet most courts are making it easier than ever to just pay your traffic ticket by visiting the court’s website and giving offenders the convenient option to pay by credit card. What they won’t tell you on their website is that you will get points on your driving record and that you may will wind up with higher insurance premiums for several years. Unfortunately, most individuals that receive a traffic ticket do not hire a lawyer. The path of least resistance, paying the ticket, can be much costlier in the long run.

Part 1: Felony Representation in Macomb County: The Criminal Process from A – Z

November 16, 2017 | Abdo Law Firm

Part 1: Introduction to felony representation.

Part 2: Criminal investigations, plea bargaining and actual case results based upon local practices and our extensive experience handling criminal matters in the Macomb County courts.

Part 3: We explain the terminology and proceedings associated with the criminal process to better inform the public of this process and their rights. Our publications are based upon more than 40 years of experience handling criminal matters in every Metro-Detroit court (Macomb, Oakland, Wayne and St. Clair Counties).

The Difference Between Misdemeanors and Felonies

A felony is defined as an criminal offense that can carry more than one (1) year in prison, up to a maximum of life in prison. A misdemeanor is defined as a criminal offense that carry not more than one (1) year in jail. Under Michigan laws, but not in the federal system, certain offenses are classified as “high court misdemeanors” that can carry up to two (2) years imprisonment. While it sounds better to say that an offense is classified as a high court misdemeanor, it is treated as a felony under federal law because the maximum sentence is greater than 1 year in jail.

Being guilty doesn’t mean that you will be found guilty.

A felony conviction serious business. A US citizen convicted of a felony will lose various rights including the right to possess a firearm. A non-US citizen will face deportation upon being convicted of a felony. Many of our clients charged with a felony regretfully engaged in a one-time indiscretion or may have a prior criminal record. Those charged with a felony want to AVOID A FELONY CONVICTION & AVOID JAIL. A Based upon our experience, a felony record and jail is unlikely even if you are charged with any of the following offenses:

Embezzlement: taking money or property from an employer.
Stalking, Domestic Violence: Engaging in inappropriate conduct with another person.
Larceny: Taking the property from in the amount of $1,000.00 or more.
Home Invasion: Entering into the dwelling of another with an illegal intent.
Bomb Threat: Making a bomb threat, even though you do not intend to carry out the threat, is a felony.
Using a Computer to Commit a Crime: Many crimes may concurrently involve the use of a computer such as stalking or financial crimes.
Malicious Destruction: Intentionally damaging the property of another can constitute a felony.
Felony Drug Possession: Possession of Schedule 1 drugs, analogues, ecstasy, methamphetamine constitutes a felony.
Maintaining a Drug House: It is a felony to keep illegal drugs in your home or vehicle.
Uttering & Publishing: Presenting a check to a bank that is bogus or not your property can constitute a felony punishable by up to 14 years in prison.
Receiving Stolen Property: Being an innocent stolen property.
Assault with a Deadly Weapon: Raising an object during an argument (assault with a deadly weapon).
Possession of Child Porn: Accidental or intentional downloading of inappropriate images.
CSC 4th Degree: Inappropriate physical contact with another can constitute a sex crime.
Drunk Driving Felony: It is a felony if a person is conviction of 3 (or more) offenses for operating while intoxicated or impaired during his or her lifetime.
Fleeing and Eluding: Failing to stop when signaled by a police officer to do so.
Resisting and Obstructing: Resisting a lawful arrest or failing to comply with a demand by the police.
Strangulation: Engaging in a struggle with another and doing an act that “impedes normal breathing” can constitute a felony known as “Assault by Strangulation” punishable by up to 10 years in prison.

A felony is never as bad as you think. Our clients ask us how it is even possible to get a felony dismissed, or reduced to a petty misdemeanor offense, even when the client is otherwise guilty. Most felonies can be entirely resolved without jail and without getting hit with the harsh consequences of a felony record. Contacting a local skilled Macomb County criminal defense lawyer that knows how the prosecutor and how the court system treats individuals facing felony charges should be your first step. We hope you will find this multi part series informative and helpful. The information that we have compiled is based upon our representation of more than 10,000 clients over a period of more than 40 years.

Clients Charged with Felonies Rarely Fit the Profile of a “Felon” or Criminal

Misunderstandings, false accusations and unintended conduct can lead to serious felony charges. In addition, ignorance of law is not a defense in a criminal prosecution. For example, we have represented clients charged with felonies in all of the following scenarios:

Any felony offense is a serious matter. However, most of our clients finding themselves charged with a felony do not fit the profile of a criminal and have not engaged in extreme or outrageous conduct. In fact, in our publication which covers the topic of Michigan’s most frequently charged felonies, we explain that marginal conduct, such as being in possession of drug residue which not capable of being used or measured, can result in serious felony charges that can lead to a conviction! If you find yourself in this predicament, do not waste time thinking that you can handle it yourself. Saying the wrong thing to a detective may put you in a worse position without you even knowing that you did so. Fortunately, a skilled criminal defense lawyer can manage most of the above mentioned matters where a felony does not go on your record, jail is not imposed and in some cases get the charge dismissed under special provisions of Michigan law (HYTA for youthful offenders, MCL 333.7411 for first time possession of drugs, MCL 771.1 delayed sentence). Deals under these provisions can be limited based upon the age of the offender and/or the past criminal history of the offender. However, a past criminal history does not automatically rule out a favorble plea bargain in the criminal justice system. A consultation with an attorney is often necessary to find the right strategy for each person and each unique case.

Hiring a Lawyer Does Not Make You Look Guilty!!

Contrary to what the police might suggest to you if you are being accused of a crime; hiring a lawyer does not make you look guilty. Putting the shoe on the other foot, if a cop were facing criminal accusations, you can bet that he or she would “lawyer up” faster than the speed of light.

An experienced criminal defense lawyer is able to explain the court proceedings and set realistic goals and provide a fairly accurate prediction regarding the outcome of the case. Getting a local attorney within the county where the offense occurred is a good start. Local attorneys with experience that know the courts, the prosecutors and the police are the best fit to give predictions regarding the outcome of a criminal case and answer questions such as:

Is jail a possibility?
Can a felony record be avoided?
Can the felony be reduced to a lower offense or misdemeanor?
What terms of probation is the judge likely to impose?
Will I have a criminal record?
Should I cooperate with the police (aka: snitch, act as an informant)?
Do I have to talk to the police if I am contacted by the police?
Do I have to take a polygraph (especially when it comes to sex crimes)?
How much will an attorney cost?
How bad is it for someone with a prior criminal record?
What can happen if there is a warrant for my arrest?
How much will bond cost?
What is involved if the case goes to trial?
Can the case be dismissed completely?

Cooperation, Police Interviews: Don’t be fooled into thinking that you have all of the answers to these questions because your best friend is taking a criminal justice class or because you have a friend that is police officer. Each case and client is unique and the answers to these questions depend upon the individual circumstances involved. For example, we are generally against cooperation (becoming an informant) when a client is not comfortable doing undercover work or can otherwise get a good deal in the court system with an attorney standing up for his rights. An experienced criminal defense lawyer can also make recommendations regarding interviews with the police and polygraph examinations. Interviews with the police are a potential trap when one is not well prepared. In most cases, the police expect the accused party to deny the allegations. The police will use the interview for other purposes such as: establish relationships, place the accused at the crime scene, establish motives and size up the accused’s credibility.

Some Tips When You Hire a Criminal Defense Lawyer

Hiring a lawyer is not something that anyone wants to do. WE KNOW that choosing a lawyer can be overwhelming and bewildering. Here are a few practical tips that can lead to a prudent decision in hiring a qualified lawyer:

Does the lawyer specialize in criminal law? I would say that this is the number 1 criteria in hiring a criminal lawyer. The legal profession has moved away from the days when attorneys held themselves out to the public as “general practitioners”. An attorney that splits his time handling practice areas outside of criminal law is rarely a good fit. Specialties exist in every area of the law such as estate planning, family law real estate and personal injury. There are hundreds of laws on the books just in the area of drunk driving alone and several thousands more covering other major practice areas.
How much will it cost to hire a lawyer for criminal case? Lawyers have several ways that they charge for their services. We have adopted a fixed flat fee policy to handle just about every type of criminal, drunk driving and traffic case. The fixed flat fee arrangement means that an exact cost is charged for legal services thus eliminating the mystery associated with hourly rates and other vague fee agreements. Hourly rates on the other hand can be intimidating especially when an attorney cannot give a prediction or estimate as to how much time/hours the entire case will entail. In addition, attorneys that bill on an hourly basis do so for every phone call, text message, email and while they are driving to court and waiting in courtroom for the case to be called. Attorney fees will also depend upon the prior criminal history of the client, the seriousness of the offense, the time and labor required, the novelty and difficulty of the questions involved, the skill requisite to perform the legal service properly, the likelihood that the acceptance of the particular employment will preclude other employment by the lawyer, the time limitations imposed by the client or by the circumstances and the experience, reputation, and ability of the lawyer or lawyers performing the services.
Who is responsible for out of pocket costs and expenses associated with my case? Sometimes it is necessary to employ outside resources/services to assist in the defense of a criminal case. The costs or expenses that are paid to outside parties for their services are referred to as out of pocket costs. Out of pocket costs are always the responsibility of the client and all attorneys will seek reimbursement for out of pocket costs.
Should I get a court appointed lawyer? The Bill of Rights includes the 6th Amendment which affords an individual facing criminal charges with the right to counsel even for those who cannot afford an attorney. Should you be charged with a crime and unable to afford an attorney, the court will appoint an attorney to provide representation. You do not get to choose your court appointed attorney.