The following is a partial list of what I believe to be the questions which go through a person’s mind when faced with a criminal charge:

1. Am I going to go to jail?
2. Can I get out of it? (i.e., the charge)
3. How do I find a good attorney?
4. How much is this going to cost?
5. What happens in court?
6. How long is this going to take?
7. Do I have to attend every court proceeding?

After 20 years of practice in many of the state, federal and district courts of Michigan, I can offer valuable information and insights regarding each and every question above.

I care about my clients’ state of mind as much as their criminal record and freedom. To that extent, I take the time to answer each and every question my client may have so that informed decisions can be made about how to proceed. Stress and anxiety over being charged with a crime is normal, but they can be reduced to a manageable degree by knowing what’s going on and what is going to happen at every court appearance.

All lawyers have to start somewhere. They must “cut their teeth” on someone’s case. Don’t be a new lawyer’s practice case!!

The vast majority of my clients never see a day in jail. However, in many instances this requires all the finesse, an acute understanding of the judge and knowing how to interact with the prosecutor, etc.., that over 20 years of experience affords me.

ABOUT JAIL

When a person’s guilt is not at issue, “damage control” if you will, is top priority. Often times a criminal matter takes weeks, if not months, to move thru the court system. Cases can sometimes be expedited or postponed depending on the clients needs. Of course, all courts are reluctant to upset or delay their dockets, however, skilled lawyers can navigate around these predispositions to accomodate their client’s needs and they can do so without ruffling feathers. How the lawyer proceeds regarding handling the case is determined at the first meeting between attorney and client and is re-evaluated throughout the case.

How to put the client in the best possible light can be accomplished by employing any number of tactics such as meetings, evaluations, programs (sometimes inpatient), restitution, etc., all depending upon the situation. The clients past record (if any) and the current criminal charge along with a myriad of other considerations such as the County involved, the prosecutor we’re dealing with, the judge and whether or not he/she has any type of what is commonly referred to as “policy cases” where everybody gets the same treatment regardless, and more, dictates the approach that should be taken. An effective use of any number of “tactics” I deem appropriate has the end result, almost 100% of the time, of keeping my clients out of jail. Of course, I expect the client to be highly motivated, and that usually goes without saying (almost nobody likes jail).The reason for this is simple, while I can refer the client here and there, it’s the client that actually has to go, it’s the client that has to get the time off work, etc… so client motivation is imperative. And believe me when I say I don’t like telling my clients what to do and where to go any more than they want to hear it but it is all done with the calculated effect and expectation of keeping the client out of jail.

Family support and input is always encouraged and it is my belief that judges love to see family members in court. If family can attend all hearings “great”, but if not that’s understandable and I always make it clear which hearings are more important to attend.

Judges can always see a proactive client and believe me that’s what they are looking for. They want to see hope that the client can take charge of their lives and do it on their own, and the client that can go into court and serve that up on a platter is the client that is going to walk out of court every time after sentencing.

GETTING THE CHARGES DISMISSED

Getting charges dismissed outright is more the exception rather than the norm. But it does happen!!! However, as one could anticipate, this type of relief is never offered or suggested by the prosecutor. Their in the business of prosecuting not dismissing. Having said that, this type of extraordinary relief is possible but only if the attorney is well versed in the facts of your case and knows how to apply the relevant law.

Moreover, the lawyer must go the extra mile and make the effort. Sometimes meetings with “unit chiefs” at the prosecutors office must be scheduled and other times the situation requires meeting with the County Prosecutor himself.

To better understand how a defense attorney best puts himself in a position for dismissal or reduction of charges negotiations, a brief primer on crimes might be helpful.

All crimes are composed of “elements”. These “elements” must ultimately be proven by the prosecutor at trial “beyond a reasonable doubt”. For example, Assault and Battery which in many peoples minds is one offense, is actually two, to wit:

ASSAULT - 1. An act that creates an apprehension in another 2. Of an imminent, harmful or offensive contact.

BATTERY - 1. A harmful or offensive touching of another.

In these two separate misdemeanor crimes you can see the elements for both; assault therefore requires the prosecutor to prove two elements beyond a reasonable doubt whereas battery requires them to prove one.

By way of further example; an aggressor approaches a victim from behind so that victim does not know aggressor is coming. Aggressor punches victim and is subsequently charged with assault and battery. This would be an inappropriate charge because the victim was never assaulted because he was never put in apprehension of the harmful contact (you cannot be put in apprehension of a punch if you do not know it’s coming and being put in apprehension is a necessary element to prove assault). Thus aggressor is guilty of battery but not assault.

When crimes are overcharged or just plain wrongfully charged, a wonderful opportunity for the lawyer is created but only if he/she knows and cares enough to do the right thing.

Even if it appears that "dismissal" is not in cards immediately, there are other avenues to investigate. In my blog I outline relief that results in dismissal but only after the client proves him/herself worthy. Please refer to my articles on Holmes Youthful Trainee Act and MCL 333.7411 and then call me to discuss it further.

FINDING THE RIGHT ATTORNEY

Liking your attorney is going to instill in you, a certain level of confidence in your attorney and take much of the stress out of the whole ordeal.

The biggest benefit to the client of having an attorney with many years of experience under his belt is that he knows everybody. He knows the judges and what they want to see and hear from the client and attorney. He knows the “ins and outs” of the court system and their staff and he is aware of what and how and when to do things that best benefit the client.

HOW MUCH IS THIS GOING TO COST

Cost is generally an issue that must be considered. My fees are very competitive and I personally am not a heavy handed biller (perhaps to a fault). I also am not one of those attorneys you only see in court. I always make myself available to my clients, and if I happen to be in court or with a client, any of my staff whether its Dana, Annette, Chris or Michelle can assist you so that no calls go unanswered. I try to give my clients a very good value for their dollar! Although I have listed my fees for some offenses this is not an exhaustive list of all the cases I handle. The fees are general in nature and can be adjusted up or down depending on the situation.

See my blog for a more extensive list of the cases I handle and their statutory maximums, (i.e. the total amount of years one could spend in prison for any given felony).

WHAT HAPPENS WHEN WE GO TO COURT

All crimes whether felony or misdemeanor start in District Court. Misdemeanors are concluded in District Court whereas felonies are finished in Circuit Court. Naturally, felonies take longer to deal with than do misdemeanors, generally speaking, but this issue just like all others is evaluated on a case by case basis.

All matters start with an arraignment. In all but the most serious of charges, the client appears for this proceeding solo. In certain instances I will be able to have my clients arraignment waived by submitting a document to the court (when allowed). This is just one more day my client can avoid missing work just to spend it in court!

Of course, when this is not possible I arm my client with instructions and send them to court to enter a “not guilty” plea and to call me when they are finished. I do this to save my client money and only if there is no chance of my client going to jail. However, if the client does not care about the cost and would feel more comfortable with me being there I most certainly attend. Generally speaking, the court already is in receipt of my appearance and when the client appears the judge often is aware that I have been retained and will automatically enter a not guilty plea without asking and send the client off with a pre trial date. This date is what I ask my client to call and inform me of.

The pre-trial provides me an opportunity to get discovery material from the prosecutor. Discovery consists, generally speaking, of police reports, witness statements, diagrams, etc. Since myself the client and the prosecutor are all ordered by the court to attend, we take the opportunity to review the discovery, evaluate the case and see if resolution is possible. Many times misdemeanors can be resloved at pre-trial with only one court date left - sentencing. The Court sets the sentencing date a number of weeks into the future to enable the client to attend a pre-sentence interview. This is conducted in the probation office. A pre-sentence report is created and reviewed by myself and client and then given to the judge for his consideration for sentencing. Sometimes pre-sentence reports are not required and the client can get sentenced the same day as pre-trial, most of the time the judges want the report though.

When charges do not get "dismissed" or "adjudicated" at the pre-trial stage, the next event will still be held at District Court. This hearing will be one of two things either a preliminary examination or a waiver to circuit court.

If a preliminary exam is going to be held the client has a right to have this held within 14 days from the date of arraignment but, if need be, this “14-day rule” can be waived by the client and prosecution and the case would then be adjourned for a reasonable time in order for the parties to do whatever it is they need time to accomplish (as long as the judge agrees) . This exam, in many cases, will take no more than an hour, if that. It is the burden of the prosecutors to prove by a preponderance of the evidence that 1. A crime was committed and 2. That the client committed it.

Now a preponderance of the evidence standard is very low, that is to say, it is an easy hurdle for the prosecutor to clear (just the slightest tipping of the scale in their favor and they get their relief) and therefore, most often but not always, the matter gets bound over to Circuit Court. Bind-overs to Circuit Court are also made easier for the prosecutor due to the fact that the defense never puts on witnesses of their own but rather listens to the prosecutors case in order to uncover weaknesses, cross-examine witnesses, make objections and eventually, if the opportunity presents itself, make meaningfull bind-over objections to get charges dismissed or amended.

If a matter gets bound over to Circuit Court, everything changes. The prosecutors burden shifts to beyond a reasonable doubt and the defense finally gets the chance to present witnesses and other evidence. Before things get to this point however, a number of dates are scheduled in an attempt to either resolve the case or schedule it for trial.