WHEN DO YOU NEED A CRIMINAL DEFENSE ATTORNEY?

Facing a criminal charge can be one of the most difficult and traumatic experiences that someone can endure. Criminal convictions can cost you your freedom, your good reputation, and your money. Usually, the best help through these life-altering situations is the advice and support of an experienced criminal defense attorney.

An experienced criminal defense attorney can help you in several ways, including giving you an honest assessment about your situation and determining your best defense approach. A seasoned criminal defense attorney can help you understand the legal aspects of your case so you can recognize what your best options are and make confident and informed decisions. 

In most cases, people hire a criminal defense attorney after they have already been charged with a crime by the prosecutor. Did you know that in some cases, hiring an attorney before you are charged can potentially prevent being charged at all? A proactive approach to your situation can be the difference in your case. 

It is important to seek the advice of an experienced criminal defense attorney if you are accused of the following crimes:

Violent Crimes

Crimes that allege the use of violence and/or weapons are among the most harshly treated by the court. Violent crimes cases are often decided on the testimony of eyewitnesses and police witnesses who give their opinions on the event that were alleged to have taken place. How your case is defended, and how your story is told can be the difference between being found guilty or not guilty. 

OWI/DUI

While the commonly used term for drunk diving is DUI (driving under the influence), in Michigan the crime of drunk driving is known as OWI (operating while intoxicated). You can be convicted of this offense for driving a vehicle while under the influence of alcohol, illegal drugs, or even prescription drugs that are used improperly. A conviction for an OWI offense can result in jail time, fines, and sanctions on your driver’s license.

Drug Crimes

Drug crimes involves the alleged violation of controlled substances. Controlled substances are drugs and other substances that are governed by law. Governmental and police conduct and misconduct during the investigation of drug cases is critically important to your defense. If police obtained evidence against you illegally, then you can potentially have your case dismissed by judge as a result of filing a motion to suppress and conducting an evidentiary hearing to demonstrate Constitutional violations. 

White-Collar Crime

White-collar crime is a type of theft that is done in a non-violent way, usually by people who have professional jobs. In many cases, defendants are alleged to have abused their power or position to direct money to themselves illegally. Embezzlement, fraud, and money laundering are some of the most common types of white-collar crime. 

Criminal Sexual Conduct (CSC)

Rape and other types of sexual misconduct in the state of Michigan is generally charged under the Criminal Sexual Conduct statute. Factors that determine the severity of charges under the Criminal Sexual Conduct statute include the age of the alleged victim, whether injuries were sustained, and whether the alleged sexual assault included penetration. A conviction under the Criminal Sexual Conduct statute also typically results in required registry on the Michigan Sex Offender List.

Theft Crimes

Theft crimes in the state of Michigan include things such as shoplifting, larceny, forgery, and receiving stolen property. The value of the item(s) alleged to have been taken and the circumstances of the alleged offense will determine the type of theft crime charged, and the potential severity of punishment if convicted. Having a theft crime on your record can affect you long after your case is over whenever your record is reviewed in a criminal history background check.

Expungements

Expungements allow you to remove criminal convictions from your public criminal record. Getting a conviction expunged can help you get a job you are seeking, help you get a housing application accepted, or can help you obtain a state professional license that would otherwise not be available. Whatever your reason, having a conviction removed from your record through an expungement is often a life-changing experience.

Driver’s License Restoration

If your driver’s license has been revoked due to OWI-related convictions, then you have to specifically petition to have your driver’s license restored. Your petition will be reviewed and questioned by an administrative law judge in a live hearing. You are required to meet all of the necessary requirements to prove your sobriety and that you will be safe to be let back on the road. If you are denied your driver’s license by the judge, then you will have to wait one year before you can reapply. 

Traffic and Commercial Driver Tickets

Traffic tickets are issued for various alleged violations of traffic safety laws and having too many points or violations can result in the suspension, restriction, or revocation of your driver’s license. If you drive for a living, then having your license is essential to being able to work. Make sure you take these types of cases seriously to avoid the potential consequences.

DON'T I HAVE THE RIGHT TO AN ATTORNEY?

In the United States Constitution, you have the right to counsel under the Sixth Amendment. This right generally states that if you are charged with a crime, then you have the right to be represented by an attorney. If you cannot afford an attorney, one will be appointed to represent you at public expense. If you are seeking the help of a public defender, then the judge will ask you a series of questions about your finances to determine if you financially qualify. If you qualify for an attorney at public expense, then the judge will appoint a public defender to help you. 

While the Sixth Amendment affords you the right to have an attorney represent you, it does not afford you the right to an attorney at public expense that you choose. Once a judge appoints you an attorney, you don’t have the right to switch to another unless you hire your own. Choosing your own criminal defense attorney is among the most important decisions that you can make in defending yourself against the power and resources of the government. Your criminal defense attorney does not have to be chosen by a judge; your criminal defense attorney can be chosen by you. 

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