A good DUI attorney will have a thorough understanding of the court system as well as laws that apply to your DUI charges. Having a lawyer by one's side helps make the process of going to court for a DUI offense less stressful, especially for those offenders who are not facing their first DUI offense. If a person has been imprisoned, it is of the utmost importance to hire an attorney because a professional can help get a bond, allowing the client to stay out of jail until the case is resolved. In many cases, even after a case is resolved, the offender will not have to return to jail.
Pro #2: Reduced Sentencing
Some DUI offenses can result in terrible consequences, including a loss of licenses, having to spend time in jail and/or having to pay a significant amount of money in fines. Even though the potential consequences can be somewhat overwhelming, with a good lawyer, a DUI offender can oftentimes have his or her sentencing reduced. A professional lawyer knows how to present a case to a judge or prosecutor so that the charges can be reduced, resulting in a lesser sentence. Sometimes, a lawyer can even have the charges completely dismissed.
Con #1: The Cost
Hiring a good lawyer can be quite expensive. Some attorneys charge a flat free while others charge by the hour. For most people, it will probably be more affordable to hire a lawyer that charges one flat fee. Sometimes the amount of money paid for a lawyer evens out because the professional can reduce the amount of money an offender has to pay in fines.
Con #2: Difficult to Find a Trustworthy Lawyer
It can be daunting to find a DUI attorney that is trustworthy. The best way to start your search is by reaching out and speaking with friends and family about their recommendations and prior experiences. The next step is usually to conduct research on the internet, where you can find a lawyer, read reviews of their practice, and decide the best option for your situation.
Ultimately, while cost and the search for the right lawyer can both be intimidating, it's in your best interest to be armed with the knowledge, experience, and skills of a professional during this challenging time.
Criminal defense attorney David Haenel, Esq. of Finebloom & Haenel has extensive experience litigating DUI, criminal and traffic-related cases in Florida courts and has been writing about DUI issues for many years. Visit him at www.fightyourcase.com.
]]>Often times, an arrest for drug-related crimes stems from something as simple and routine as a traffic stop. However, police look for any sign of suspicious behavior so that they can search a person's car, where they hope to uncover unlawful drugs. If this happens, police officers can stack up charges against a person and increase the possibility that he or she will eventually plead guilty to at least one charge.
]]> Recently, a 36-year-old man was pulled over for a traffic stop in the late morning on I-94. The police officer stated that the driver had allegedly weaved out of his lane so the officer decided to pull him over. During the traffic stop, police searched the man's car and found seven bags of marijuana in multiple duffel bags, totaling about 160 pounds of marijuana. The man was arrested and charged with possession with intent to deliver marijuana.In this case, and other similar cases, a number of factors will likely be explored. Did the driver have prior convictions for drug offenses? Was there sufficient probable cause to stop him in the first place? Was the search of the man's car legal and executed properly?
Depending on the answers to these and many other questions, the man could face possible conviction on the drug charge. The penalties for a conviction on a drug offense can range from community service to a prison sentence, so people should remember to always take the charges seriously. Working with an attorney can help people defend themselves in court and minimize exposure to punishment if possible.
Source: mlive.com, "Police seize 160 pounds of marijuana during an 1-94 traffic stop in Berrien County," Theresa Ghiloni, May 17, 2013
]]>This can be very upsetting. People all across this state have paid their dues and served their time for some bad choices only to be released into a community where it is nearly impossible for them to lead a productive life because of a mark on their criminal record. As it stands right now, only a small group of people have been able to have their criminal records cleared, or expunged. However, a proposed bill is looking to change this.
]]> Current Michigan laws allow offenders who were under the age of 18 at the time a crime was committed and people with only one criminal offense on their record to apply for an expungement.However, the proposed bill would expand eligibility for an expungement to include ex-offenders of any age, and would allow people with two nonviolent misdemeanors or one nonviolent felony to apply. People would be able to apply to have their criminal record cleared as soon as their probation or parole period is completed. A judge would then review the application and make a ruling as to whether or not expungement is appropriate.
The measure has gained substantial support because it gives more people who have made a mistake a second chance. Having a criminal record makes it very difficult for people to find a job and make a living. By not giving people these crucial opportunities, it is more likely that a person will repeat criminal behaviors because they cannot access resources to improve their lives and move forward from a criminal conviction.
Source: Detroit Free Press, "Some felons could get records erased under bill heading to Michigan House," Kathleen Gray, May 16, 2013
]]>During an otherwise routine traffic stop, an officer may feel that he or she has reason to suspect that a driver is impaired and conduct field sobriety tests or a Breathalyzer test. Generally, these tests are used to detect alcohol concentration in a person's system, but a new breath test device has been developed in Sweden which would also detect drugs in a person's system. But how accurate can a breath test be in detecting drug use?
]]> According to reports, the new device is only about 87 percent accurate in detecting the presence of drugs including methamphetamine, heroin, cocaine, marijuana and morphine. Despite the fact that it is far from perfect, the breath test is as accurate as blood or urine tests.The breath test can detect drugs in a person's system as long as 24 hours after intake. This means that there is a potential that a driver who is no longer feeling the effects of a drug could still face the consequences of a positive breath test if the device ends up being used in the U.S.
Police officers often rely on some subjective tactics to determine if a driver is impaired or not. Bloodshot eyes or difficulty balancing during a field sobriety test are commonly cited as reasons that a person is arrested, but they are certainly not always indicators of intoxication. Even the breath tests that are administered can be faulty or improperly conducted by an officer. It is important to remember that a person who is charged with a drunk or drugged driving offense has the right to challenge these procedures and results.
Source: The Inquisitr, "New Breathalyzer Test Detects Drugs Too," April 28, 2013
]]>The challenges that people face when charged with domestic assault are many. From explaining themselves to an officer to defending themselves in court, people who are accused of domestic assault often feel as though they cannot get a fair shake with law enforcement and prosecutors. This may be especially true for people charged with assault after a situation in which they were defending themselves against someone else.
]]> In fact, a recent report indicates that many people, particularly women, are unfairly convicted and jailed for assault after an altercation with an abusive partner. In one case, for example, a woman was sent to jail after she hit her ex-boyfriend with a hammer. The woman says that her ex had thrown her into the wall and physically assaulted her. But when the ex went to the police, he had a different story. Officers showed up to the woman's house and arrested her. She also temporarily lost custody of her daughter.Sadly, this woman's case is not uncommon. People all over the country find themselves facing criminal charges after defending themselves against an attacker. Many times, the report suggests, the people who get arrested have been victims of abuse.
Without legal representation, it can be very difficult for a person facing charges to prove that he or she had been abused before and that the mistreatment played a role in the actions for which they are charged. Many people do not document instances of abuse and in some cases, evidence of abuse is not allowed at a person's trial.
These types of criminal charges can be devastating for a person to have to deal with. A conviction on domestic assault can affect a person's freedom, family and career. This is why it can be crucial to work with a criminal defense attorney who can work to paint an accurate picture of an altercation and present evidence to defend a person against the accusations.
Source: timesunion.com, "Abused, then accused," Kristen V. Brown, May 6, 2013
]]>Often, the person involved in this situation is not some high-powered corporate employee with access to millions of dollars. It could very well be a person we see every day. It could be a neighbor, a single parent or a friendly co-worker. The point is that average people with no history of criminal behavior can find themselves in a situation where they make a mistake.
]]> Recently, for example, a woman found herself facing charges of misappropriating funds. She was accused of stealing money from her employer over the course of about 13 months when she worked at a Michigan post office. According to reports, the woman had taken about $3,465 from her job by not ringing in cash transactions which would create an overage in her till. She would then take the leftover money home with her.The woman says that she had been having trouble making ends meet at home. She says that she started by taking $20 from her till here and there, but would repay the money once she got paid. However, it became harder and harder to pay back the money and eventually she was taking more than $20 at a time, digging herself deeper into the hole.
She pleaded guilty to misappropriation of funds, but a judge ruled that jail time was not necessary in this case. Citing the minimal amount of money involved, the woman's obvious remorse and the fact that she had no previous criminal record, the judge ruled that probation was more appropriate.
Avoiding jail time and maximum penalties for these types of behaviors is crucial. People who are faced with a similar situation to the one discussed in this post can speak with a criminal defense attorney who can challenge the charges and minimize a person's exposure to punishment.
Source: Huron Daily Tribune, "Bay Port postal worker reaches deal, will avoid jail time," Tom Gilchrist, May 1, 2013
]]>But it is important for people who have been arrested to remember that they still the right to defend themselves against criminal charges. It is essential that a person gets a fair trial and is not unfairly punished for any questionable behavior. For instance, an 88-year-old man was recently arrested for suspected criminal drug transportation. Is it fair to put him through several months of waiting for a trial? Is jail time appropriate if he is convicted?
]]> According to sources, the elderly man was pulled over by police after they received a tip that he was transporting narcotics in Michigan. Federal drug agents found 200 pounds of cocaine in the man's car, which his defense attorney argued should be thrown out as evidence since there was no probable cause to stop the man in the first place. However, a judge recently ruled that the evidence would not be thrown out. The man must now wait until October to go through a trial.The man has stated that he was forced at gunpoint to transport the cocaine, but agents reportedly refuse to accept that possibility by simply stating that they do not believe he was reluctant to complete the task. It certainly seems plausible that an 88-year-old man could be forced into engaging in this type of behavior.
Now, the man must wait six months before he even gets to his trial. At such a late stage in life, it is possible that he may not live that long. Additionally, the stress of going through a trial combined with the possibility of jail time may be too much for him to handle at his age. Given the fact that drug charges are prosecuted so aggressively in this state, it would not be surprising for his attorney to continue to challenge the evidence against him and pursue the dismissal or reduction of charges before the case even gets to trial.
Source: The Detroit News, "200 pounds of drug evidence sticks in case against man, 88, stopped in Washtenaw County," April 29, 2013
]]>The person or people who recently vandalized a Michigan State University statue, for example, may find themselves in need of legal representation. While campus police have yet to identify any suspects in the stunt, they are reportedly taking the situation very seriously. In previous cases involving the defacing of the well-known statue, prosecutors have charged people with malicious destruction of property.
]]> The most recent event happened early last weekend. A still-unidentified party snuck onto the Michigan State University campus with blue and maize-colored paint, the colors of rival school University of Michigan. The vandal or vandals painted the colors onto a Spartan statue, likely as a show of their own school spirit. It is not the first time the statue has been vandalized, but police are hoping to make it the last.According to reports, the prank could end up getting someone in serious trouble as it is considered to be malicious destruction of property. Depending on the severity of damage caused, a person could face misdemeanor or felony charges and may end up spending several years in jail.
Even though many people would consider acts like this one a harmless prank, the repercussions of being convicted for a crime can be devastating. Not only could a person face jail time and hefty fines, but having a criminal record can affect a person's family, reputation and career aspirations as well. Rather than risk the consequences of this happening, people can work with a criminal defense attorney to have the charges against them reduced or dismissed so that their exposure to punishment is minimized.
Source: Mlive.com, "Vandalism of Michigan State Spartan statue a serious crime, campus police say," Brandon Howell, April 22, 2013
]]>Boaters in Michigan are expected to operate their boats safely, but they are not necessarily expected to follow the same rigid rules that apply to motorists on a road. For example, there are wake restrictions, life jacket requirements and proper lighting rules for boaters, but the laws for watercraft are generally a little bit different than laws for motor vehicles. This is currently the case for blood alcohol levels as well, but recent legislation has been introduced that would make the blood alcohol limits for both boaters and drivers the same in Michigan.
]]> As the law stands now, boaters are can operate watercraft with a blood alcohol level of 0.10. For motor vehicle drivers, this level is set lower at 0.08 in the state. However, the proposed legislation would lower the limit for both boaters and snowmobilers down to 0.08 to match the limit for automobile drivers.Recreational vehicles such as boats are generally used in a different manner than motor vehicles. People who spend the day out on the water fishing, relaxing or skiing are not prohibited from bring a few beers or alcoholic beverages with them, and the attitude towards operating a boat may be a little bit more relaxed. However, the accidents that can be caused by an intoxicated boater can be just as fatal as those caused by an intoxicated motorist.
Changes in legislation can be difficult for people to remember and understand. Getting in trouble for something that a person did not realize was wrong can be very frustrating. We will certainly follow any developments should this proposed legislation be passed into law.
Source: CBS Detroit, "Mich. Lawmakers Seek To Drop BAC Limit For Boaters, Snowmobilers," March 31, 2013
One of the reasons that these allegations are taken so seriously is that there are some situations in which a person may be a danger to themselves or others. But rather than automatically convict someone for these charges and throw them in jail, there are many cases that may not warrant that level of punishment. And in other cases, a person may need counseling or psychiatric treatment rather than jail time.
]]> In any case, it is crucial for people to remember that every case is different. Police may not see it that way, but the fact is that not all situations involving possible domestic violence are the same. A punishment that may be appropriate for one person may not be helpful at all for another person, even if the charges are the same.For example, a man in Kalamazoo, Michigan, was recently charged with assault with intent to do great bodily harm. He was also charged with aggravated domestic assault after police responded to an incident in which the man is accused of physically assaulting his girlfriend.
According to reports, the man is a trained boxer who had been undergoing therapy. After the assault, he was also ordered to undergo an additional psychiatric examination. The reason for the additional exam is to determine how competent the man is and whether that may have contributed to the alleged assault or not.
The details of this case are what separate it from other similar instances. His mental functions, his ongoing therapy and his profession as a boxer, which can often cause people to suffer concussions, are all issues that may likely come into play. It is important for people to remember that every case is different, and each person facing charges has a right to an effective defense.
Source: WIN 98.5, "Man arrested for Domestic Violence to undergo Psychiatric Exam," April 18, 2013
]]>Michigan prisons house drug offenders for an average of 2.9 years, which is longer than the national average of 2.2 years. These lengthier sentences have not exactly had the desired effect on drug crime rates and they have come at a significant cost to Michigan residents.
]]> Michigan not only has one of the highest crime rates in the Midwest, but the incarceration sentences for drug offenses are among the lengthiest. This means that nonviolent criminals across the state are being handed overly harsh sentences for reasons that are still unclear. Crime rates are not declining, the public is no safer and millions of dollars are arguably going to waste.Reports indicate that increasing prison sentences by an average of two years in Michigan has cost more than $471 million dollars. Some people argue that these funds should be directed to beneficial rehabilitative programs and improving the state's economy which may deter criminal behavior in the first place. Instead of increasing incarceration times, it could be much more effective to invest in helping people and improving resources.
One of the most frightening aspects of being charged with a drug crime is the possibility of extensive jail time. This is why it can be crucial to work with a defense attorney who understands that there are alternatives to incarceration. Counseling and rehabilitative options can be much more appropriate, and effective, than jail time.
Source: The Mining Journal, "Long sentences fuel big prison budgets," Kyle Campbell, April 15, 2013
]]>However, it is crucial that a person understands the consequences of entering a plea, especially if it is based on inaccurate or purposely misleading information. Prosecutors will go to great lengths to secure a guilty plea, so it is vital that a person facing charges has the support of a defense attorney.
]]> For example, a Michigan man recently pleaded guilty to allegations of tax crime and fraud. He had been engaged in taking money from people who were already in prison with the promise that his companies would provide them with services that would help shorten their prison sentences. All told, he collected about $2 million from 2,100 people. However, none of this work was ever completed and he stated that none of the people who hired him should expect to get out of jail early.However, a miscalculation in his own jail sentence resulted in his request to withdraw his guilty plea. Instead of the 17 years in prison that prosecutors estimated would be his maximum sentence, the man may actually be looking at about 30 years in prison. Based on the inaccurate information provided by the prosecution, which they referred to as advisory, he had made a decision to plead guilty.
Now it will be up to a judge to determine if the guilty plea can be withdrawn and the case will proceed to a trial. If this happens, the prosecution will have to prove their case. The prosecution has argued that the guilty plea should not be withdrawn because they had already informed witnesses and alleged victims that the case had come to a conclusion.
The argument is that putting these people through a trial after they were told it was no longer required may seem unfair. However, is it fair to allow a man's guilty plea to stand even though he was misinformed about the possible sentence?
Source: CBS Detroit, "Mich. Man Wants To Drop Guilty Plea In $2M Scam," April 12, 2013
]]>It is not always easy to comprehend just what may be at stake for a person convicted of a crime. The laws change frequently, as do the penalties associated with criminal behavior. Keeping up with all the modifications can be difficult for an average person, which is why it can be very beneficial for people who are facing criminal charges to make sure they clearly understand the charges as well as the consequences of a conviction.
]]> Recently, changes were made to Michigan state arson laws which will affect the way in which a person is charged and to what degree a person can be penalized. The laws were reportedly changed to combat an increase in arson across the state, and the new laws go into effect this week.Among the changes that were made were increased fines, increased maximum penalties and the introduction of new laws that address aiding and abetting. In terms of the fines, those who are convicted of certain offenses will possibly have to pay fines of $20,000 in addition to jail time. Additionally, authorities created the new category of first degree arson. Those charged with this crime are accused of arson that results in physical injury or arson of a building that houses multiple occupants, even if no one is injured. By adding in further penalties for arson that results in injury, the maximum prison sentence was increased to life in prison, compared to the previous maximum of 20 years.
Authorities say that the changes to the laws address a common misperception, as well. Instead of considering arson to be a property crime, they want to remind people that it is, in fact, a violent crime. In 2011, 67 people died because of arson or suspicious fires and 130 were hurt. The changes to the law are said to bring our state laws closer to federal laws that are in effect for arson, which are tougher.
Source: mlive.com, "Michigan's arson laws getting stricter, more specific," John S. Hausman, April 3, 2013
]]>Recently, a Michigan man was taking a routine trip to the drug store one evening. It was clear out and he decided to enjoy some fresh air as he ran his errands. However, as soon as he left the drug store, police who had been watching for him arrested him and charged him with drunk driving. How could this happen when the man never got into a car?
]]> According to reports, 47-year-old man who was arrested was on his riding lawn mower at the time. He had taken his lawn mower to the drug store and parked it in the store's parking lot while he went inside. Police took notice of the lawn mower for some reason and sat and waited for the operator of the mower to come back. Once the man hopped back on the mower and started riding on the sidewalk back home, police decided to stop him.There are no reports of the man operating the vehicle dangerously, but police say that once they approached him, it was clear that he was intoxicated. They arrested him and he is now facing his third felony drunk driving offense. It is likely that the man believed that he was acting safely and legally by driving a lawn mower to the drug store as opposed to a car.
But it is important for Michigan residents to know that they can be arrested for operating motorized vehicles other than cars if they are intoxicated. With the help of a criminal defense attorney, however, the charges can be challenged so that a person does not have to face the full extent of possible punishment.
Source: WILX, "Michigan Man Charged with Driving Mower While Drunk," April 5, 2013
Criminal behavior among teenagers is certainly something a parent needs to be worried about. But often times, this acting out is an indication that some other mental or emotional condition is at play. Treating this condition could be much more beneficial in the long run, as opposed to time in prison.
]]> This could be the very situation that the parents of a 16-year-old Michigan teen are currently faced with. Last month, the young man was arrested and charged after he allegedly attacked a relative in a residence and then attempted to set the house on fire. Police charged him with assaulting/resisting/obstructing a police officer, felonious assault with a dangerous weapon and attempted arson. To make matters worse, a judge is considering whether or not the young man should actually be tried as an adult.Teenagers are in a very difficult and confusing time in their lives. Between childhood and adulthood, they often fail to recognize the true consequences of their actions just yet. When there are emotional, behavioral or mental issues that are complicating this transitional period, teens may lash out and behave in strange or even dangerous ways. This does not always mean they should face criminal charges. In many cases, counseling and treatment are very successful options for helping a young person understand what has happened and giving them tools and resources to make sure it does not happen again.
Source: Daily Press, "Esky teen faces felony charges for assault," Jenny Lancour, March 30, 2013