How to Get Rid of Your Michigan Arrest Warrant.

How to get rid of your Michigan arrest warrant.

Michigan Arrest Warrants

What is an Arrest Warrant?

In Michigan, arrest warrants are generally issued by courts in connection with criminal cases. They help the case move forward, as the person being arrested is needed in court to answer for a crime.

An arrest warrant issued by a Michigan court gives the police the authority to arrest the individual named in the warrant. It grants law enforcement the authority to arrest the person named in the document. Before the judge signs the warrant, the judge must check to ensure that it includes the proper information. This includes: 

• The specific crime to have been allegedly committed;

• Facts asserted by the officer that supports a finding of probable cause and that the named person is responsible for the crime;

• Name and address of the arrestee/suspect; and

• Other relevant information.  

The requesting officer should present any relevant information for the purposes of accuracy. Many police officers or prosecutors try to establish probable cause before presenting the warrant request to the court. The judge, typically, almost always grants the officer’s request for a warrant. Unfortunately, the request for a warrant is usually only a one-sided affair. The officers never present any evidence to the court that tends to favor the accused. 

What happens once the Michigan warrant has been issued?

Once a Michigan court authorizes the arrest warrant, the police are legally entitled to arrest the accused wherever the person can be found. This means that the suspect can be arrested at his or her home, work, after a traffic stop, and anywhere else the police find the person. It doesn’t matter what the person is doing at the time. There may be restrictions on how or where the individual named can be arrested depending on the particular facts of the case.  

Generally, a person will not receive notification if an arrest warrant has been issued for their arrest. Sometimes, however, the police will send a letter to your home telling you that you have a warrant for your arrest. Usually, the letter states “in order to avoid embarrassment of an arrest at your home or work, you need to turn yourself in.”

Once the arrest warrant has ben issued, the case is formally in the criminal court system. The warrant will be entered in LEIN, that is, the Michigan State Police Law Enforcement Information Network (LEIN ). This means that if you have a Michigan warrant for your arrest you could be arrested in Kentucky, or anywhere else, if the officer discovers the warrant.

Once the Michigan court issues the police may begin searching for the person immediately. This means that the person can be arrested as soon as the arrest warrant issued and the person is found. There is no required waiting period or delay before the police can begin looking to arrest the individual.  

Are an arrest warrant and a bench warrant the same?

No. When a Michigan court issues an arrest warrant that person is wanted to answer for a crime. A Michigan judge issues a bench warrant because a person did not pay fines and costs, violated probation, failed to appear in court, or failed to do something required by the court. 

However, just like an arrest warrant, a bench warrant can also result in jail time specially if you continue to comply with court orders.

Can a Michigan arrest warrant be issued even if you are innocent?

Yes. As I stated earlier, once an officer asks the court to issue an arrest warrant, the court usually does so automatically. This means that once the officer tells the court that you are a suspect, then you could be arrested. An arrest warrant can be issued on a weak case. But, you would still get arrested. So, if the police do a poor job investigating the case you could be arrested even if you are innocent. We have seen this happen too many times. Specifically, we mean the police simply write a report without doing any further investigatory work. They just type what an alleged victim tells them and off they go to request a warrant. I’m sorry to say that there are detectives who do very little detecting.

So, even if you did not commit a crime and the arrest warrant was wrongfully issued for your arrest – you will still be arrested. The police do not sort matters out in the street. They will tell you that you have to go to court to resolve the case. They will not let you no matter what you say to them so you are better off remaining silent. As long as the name on the warrant matches your identification, you will not be able to avoid the Michigan arrest warrant.

If you believe that a warrant has been wrongly issued for your arrest, you must immediately an attorney to assist you. Do not under any circumstances speak with the police to try and clear your name. Please click the “Learn More” button to read why you should remain silent. 

Your attorney can help you get rid of the warrant. Additionally, an attorney can look into the case and see what can be done to fix the situation. An outstanding warrant for your arrest is a serious matter and you should contact an attorney as soon as you believe you are wanted by the police.

The importance of an attorney cannot be overstated at every stage of a criminal proceeding. A person can lose the upper hand in a criminal case by delaying the process to hire a lawyer.

Do Michigan warrants ever expire?

No. Generally speaking, Michigan warrants never expire. This includes bench warrants. 

Since Michigan warrants do not expire there can be situations where an arrest warrant stays active for years or even decades. The warrant will appear during a routine traffic stop.

Just recently we had this occur to one of our clients in 36th District Court in Detroit. Originally, 10 years ago, the client had pled guilty to an offense. The client received a sentence and had a review date scheduled. The client did not receive notice in the mail. Because the client did not receive notice, the client did not appear. The court issued a bench warrant. The client had been stopped for a stop sign violation. The officer informed the client of the 10 year old warrant. The client had no idea that a bench warrant had been issued.

We went to court and got rid of the warrant and ultimately had the case dismissed. 

So, the moral of the story is, warrants will last forever until you appear in court. You can’t outrun a warrant. You are much better off taking care of the warrant as soon as possible instead of living in fear of an arrest. The longer you avoid the warrant, the worse it looks for you.

If you want to get rid of a warrant you should contact an attorney right away. He or she can explain your legal rights to you and explain how to have the warrant lifted in the easiest way to you. Having a Michigan warrant for your arrest will create issues in many areas of your life. A lawyer will help to lessen the effects.

Can you just pay to get rid of the warrant?

Sometimes. This depends on the reason the Michigan court issued the warrant in the first place. Specifically, if an arrest warrant has been issued for a criminal charge, you will not be able to pay money to the court to get rid of the warrant. You will have to appear in court.

However, bench warrants can be issued because a person did not pay traffic fines. In that sense, the court will sometimes allow you to just pay the ticket to get rid of the warrant. The same may apply to outstanding fines and costs. 

Do you need an attorney to get rid of the warrant?

Yes. If you want to protect your legal rights the answer is always – yes. If you are proactive, we can do the following:

• Prevent an arrest at your home or work 

• Contact the police department to inform them that you retained our office and we will arrange to have you brought to court voluntarily

• Minimize charges against you

• Attend the arraignment to obtain a personal bond or a reasonable cash bond

Arraignment on the Michigan warrant

If there is a warrant for your arrest and you retain our office we can contact the police department and court to make arrangements to get rid of the warrant. This process is called an arraignemnt.

An arraignment is the first court appearance after a person has been charged or arrested. Most of the courts in Macomb County conduct arraignments via video from the local police stations or Macomb County Jail.

The purpose of an arraignment is to let you know the charges and to set a bond. Typically, a “not guilty” plea is entered on your behalf. If you appear at court for the arraignment with an attorney your bond will usually be a personal bond. Even in serious cases, the bond will be much lower if you appear with counsel as a “walk-in” arraignment. 

Michigan law states that a person is entitled to bond pursuant to MCL 765.6. The court will consider the following factors before issuing a bond:

• The likelihood the person will appear in court given the seriousness of the offense charged.

• The protection of the public.

• The individual’s criminal history

• Any failures to appear (capias history)

Depending on the type of criminal charges, the court may issue further restrictions. For example for drinking and driving offenses the court may order an alcohol tether , drug and alcohol testing, or even a SCRAM tether. Instead of having a person sit in jail the court may order house arrest or a GPS tether. In domestic violence cases the court will issue a “no contact” order. 

The presence of an attorney at an arraignment and bond hearing is critical. The Czarnecki Taylor law firm had been hired by Macomb County to conduct a several month study to determine the positive effects an attorney can have at arraignment. 

Based on our study, the courts now provide a court appointed attorney at all arraignments. The attorney is only present for the arraignment and does not continue with your case.

Hiring your own attorney for an arraignment has serious advantages. Your attorney can ask the court for a personal bond. Why does a retained attorney help so much? When you voluntarily appear for the arraignment with your own lawyer you show that you are taking the case seriously. You show the court you made an investment in your case and you will appear for each court appearance. Also, your attorney had been in communication with the courts to arrange the arraignment time and date. 

A retained attorney can mean the difference between a personal bond and a cash bond. As stated, even if the court issues a cash bond for a serious case, the bond will almost always be lower than it would be without your lawyer.

How to get rid of your Michigan arrest warrant?

So, here were are at the main point of the article. How do you get rid of your Michigan arrest warrant? You have to appear in court with your attorney.

There is no way around the warrant. As I have already said, warrants never go away. So, it is best to just clear it up by appearing in court with the protection of an attorney. There are no secret maneuvers. Getting rid of an arrest warrant can sometimes be difficult, but it is always possible. You should contact an attorney for advice and guidance.

Czarnecki Taylor proactive case managment

At Czarnecki Taylor we believe in proactive criminal case management from the very first moment you believe you are a suspect in a crime. By getting involved early, and when possible, we can work to prevent a criminal case from getting charged against you in the first place. We work to avoid an arrest warrant. Other times, we can speak with the prosecutor to have the charges reduced before the case is filed in the court. Our early involvement in the case allows us to use every opportunity to work the case on your behalf. 

As Macomb County’s most effective criminal defense attorneys we can protect you at every stage of a criminal proceeding.

If you are a suspect in a crime, have been arrested, or a warrant has been issued for your arrest contact our law firm at any time. We will take immediate action to protect you at every opportunity.

What makes a great Michigan criminal defense attorney? Part 4: Trial Defense

Criminal trial attorneys are a special breed of attorneys who think quickly on their feet and can adapt to a situation under pressure. They can analyze a situation in real time during the ongoing trial. A skilled defense attorney has to pay attention to current testimony while at the same time recalling the mountains of evidence. It takes an agile mind and a sharp attorney to be able to handle the mental gymnastics of a trial. Many defense attorneys avoid a trial because of the pressure. Some are even afraid to be the center of attention. They shouldn’t be defense attorneys.

Just as a surgeon has many tools available to treat a patient’s condition, your criminal defense attorney must be willing and able to use all of the tools. A surgeon doesn’t use all of them all of the time. But, they are available for use depending on the what the patient needs. A doctor doesn’t always use a scalpel, but it is there if necessary to properly treat the patient. He or she knows what is best. Like a surgeon, a good trial lawyer has to have the skill and confidence to use all of the tools. That means that the lawyer has to be ready and willing to take a case to trial. Trial lawyers operate in the courtroom and a trial is but one of the tools available.

Your lawyer needs to be able to think on the fly, speak well, and assert confidence. A really good trial lawyer has to know the rules of evidence, the judge’s disposition, the facts of the case, the law while staying focused on the events in the case. As I said earlier, a trial is an exercise in mental gymnastics. A trial lawyer has to keep track of a thousand things while projecting a calm and relaxed confidence.

Trials are not easy endeavors. Unfortunately, many lawyers who try cases are not very good. This has been the point of these 4 articles. Choose your attorney carefully. We have provided you with a framework to use when you choose an attorney to defend you. There are many variables that you should consider. One thing, however, is definitely true. Although a strong character and an agile mind are important, it is equally important that the jury like your attorney.  When you meet with an attorney you should let your instinct guide you. You know when someone rubs you the wrong way. Trust me, a jury will feel the same way.

A jury must like your defense attorney. It become critically important that your defense attorney possess the ability to understand people. A trial is a play of sorts. There are actors A great trial attorney must be keenly sensitive and aware of his or her audience, that is, the jury, and the message that they are receiving. A great trial attorney must be aware of the verbal and nonverbal messages that are being sent to the jury. While diligent preparation is necessary, preparation without an understanding of how the jury perceives the attorney can be a problem. Juries do not like to be talked to in a condescending way. A great trial attorney must understand his or her audience and be a credible storyteller. The attorney must know how to tell your story in a concise way that avoids confusion.

A good trial lawyer has to be good with people and that means more than being a “people person.” A good trial lawyer needs to be able to read the jury and gauge their nonverbal cues. A good trial lawyer knows when to be tough and when to be kind, and is effective at both. Experienced criminal trial lawyers know not to waste the jury’s time.

At the beginning of this series, I explained that location, preparation, and investigation are things an attorney must do in order to be a great defense attorney. When your attorney prepares, investigates, negotiates and creates a sound defensive theory - you benefit. There is always a point in a criminal case where the plea negotiation is at its best. This means that the plea offer will not get any better. Similarly, the likelihood of conviction at trial can be fairly assessed. It takes time and experience to learn the appropriate time to settle or go to trial. A legal defense to a criminal charge takes time to develop. There can be a fine line between success and failure at trial. The purpose of these articles is to show that a great Michigan criminal defense attorney can win through preparation, investigation, negotiation, and a strong trial defense. The attorney you choose that has the experience and dedication to criminal defense can and will get you the best results.

What makes a great Michigan criminal defense attorney? part: 3 Preparation of Trial Defense

If there is one key to increasing your chance of winning at trial, it is your attorney’s preparation.



Intense preparation can even the battle field or even tilt it in your favor.“ In preparing for battle I have always found that plans are useless, but planning is indispensable.” – Dwight D. Eisenhower, 34th President of the United States, and former General of the Army. The key is to examine every angle of the case so as to anticipate and adapt to things that happen during a trial.

To follow-up on the military analogy, "Intelligence Preparation of the Battlefield" is a term used in the military that defines the methods used to reduce uncertainties concerning the enemy, environment, and terrain. Battlefield preparation is a continuing process that is used throughout all military operations. A criminal trial is analogous to a battlefield. By design, the trial is an adversarial proceeding. It is a battle for your freedom, to clear your name, to avoid a conviction, and to win. The prosecutor, police, prosecution witnesses, sometimes the judge, and the alleged complainant are on the offensive to convict you. The defense attorneys are the defenders of your rights, the constitution, and work to raise reasonable doubt. Intense trial preparation is the key to “preparation of the courtroom battlefield.” Diligent preparation has tangible benefits:

• Your attorney will know the facts and law better than the prosecutor. Basically, your attorney must outwork the other side.

• A well prepared attorney is in command of the courtroom because he or she can anticipate and adapt to any issue that may arise during a trial. Preparation leads to confidence.

• Confidence is something the jurors and judge can see. The defense attorney’s are persuasive when in command of the facts and case law. The attorney works to build the juror’s confidence in you, the case, and a not guilty verdict.

• A well-prepared attorney can bring an enormous amount of credibility to the defense theory of the case.

Preparation can make or break the defense. Your attorney must know the police report in detail. He or she must read the applicable law and see how it fits into your case. In almost all criminal cases, especially a trial, there is almost always a challenge to the prosecutor’s version of events or a legal argument to be made. In my 16 years as a criminal defense attorney, I have never seen a police report that was 100% accurate.

The reports almost always contain errors of some sort. Some can impact the case while some may not. But, the errors are there. While police officers are trained in how to write a report, they omit facts or just get them completely wrong. People interpret events differently. One person may perceive the car being one color while another would see another. The officer’s interpretation of events may not be the way the jury would see the events.

For example, during the preliminary exemption of a double murder case I handled, a police officer described his encounter with a key witness or participant to the case. In the police report, the officer said the person had a large folding knife on him when the officer searched him. In the police report, the officer stated that the knife was approximately 9 inches. In Michigan, this knife was not a size that people could legally carry concealed. When I asked the officer why he just let the person walk away from the scene of the crime after finding a weapon on him, the officer testified it was a “small folding knife.” During cross-examination, I asked the officer if he wrote that the knife was 9 inches in length. He stated that he did. His definition of a “small folding” or pocket knife was well outside the norm. So, either the police report was incorrect or the officer was not exactly telling the truth as to why he let a crucial armed witness just walk away from the scene of the crime. Just a little more information for you. The person who the officer just let walk away from a murder scene had $20,000 in the trunk of his car that he abandoned at the scene. The individual also had 2 pounds of marijuana in the car.

If there are legal arguments to be made these can move a court to dismiss your case. One thing I really don’t like is when people say, “he got off on a technicality.” There is no such thing. There is the law. If you break the law you get arrested. If an officer violates the law, the “punishment” is suppression of the evidence or even dismissal of the case. We all have to follow the same laws.

In general though, a well-prepared case places a great deal of pressure on the prosecutor. If the “pressure” has real merit, meaning it has a strong foundation in fact and law, it can help to improve plea negotiations. If you read parts 1 and 2 of this series you can see how all of these points tie together. A well-prepared and researched legal defense can create leverage.

While no attorney can ethically guarantee the outcome of a trial, your criminal attorney can guarantee you that he or she will prepare better than the prosecutor. Most lawyers who are set for trial have read the police reports, identified witnesses, found exhibits, and scripted outlines of direct and cross examinations. However, a really skilled and aggressive defense attorney does more. He or she has thought about and anticipated how to respond to trial developments. For example:

• A well-prepared defense attorney can anticipate what a prosecutor may say to object to the defense use of certain testimony. The defense attorney will have case law ready to go to support his position.

• A defense attorney will think about the prosecutor rebuttal arguments to objections that the prosecutor may not have though of yet, or may not even realize.

• A well-prepared defense attorney will work on a way to try to eliminate a key piece of evidence in the case

• A well-prepared defense attorney will anticipate the judge’s responses to issues that will arise and how to answer the judge’s questions. If your lawyer is well-prepared, the judge will tend to see your attorney’s views on the case as being the correct view

A well prepared defense attorney has confidence and can take control of the courtroom. He or she is so prepared that the trial plays out like a well-scripted movie. Through preparation, the attorney knows the actors and through the actors he or she can let the jury hear the defense version of the case. Scene by scene, the defense attorney can direct the story. The jury is looking for something to believe in but they will not be misled.

If your attorney demonstrates commanding knowledge of the facts, the attorney can direct the witnesses in ways that helps the jury see reasonable doubt as if they just watched a movie and could predict the ending. Jurors are smart. They do not take kindly to being misled. If they catch on to an attorney’s deceptions, the case will be lost. However, if the attorney can let the jury see the facts of the case from a different viewpoint, then the jury will keep an open mind during deliberations. That is the role of the defense attorney. But, he or she can only be great in the role through preparation.

As i said at the beginning of this article, a great defense attorney will prepare the battlefield to overcome his opponent.

What makes a great Michigan criminal defense attorney? Part 2: Negotiating a Plea Deal

What is a Plea Deal?

 97% of the cases in the state of Michigan are resolved by way of plea negotiation.  A plea deal is an agreement, after a negotiation between the prosecutor and defense attorney, that settles a case without a trial.  Unlike a trial, the client understands clearly what the outcome of the case will be. Plea negotiations can be time-consuming and go on for months or they can be done quickly at the first pretrial conference between the attorneys.

Judges do not participate in behind the scenes plea negotiations

Plea negotiations, as stated, are conducted between the prosecutor and defense counsel.  Many times clients ask if the judge can reduce the charges on his or her own.  They cannot.  A reduction of charges can only be negotiated between the defense attorney and prosecutor, outside the presence of the judge. The judge does not participate in the process until the plea is ready to be placed on the record.  In some circumstances, the judge may have conversations with the prosecutor and defense attorney to see how the case is progressing.  The court, at times, suggests that the parties should resolve the case.  In more common situations, the judge tells the parties what sentence the court would impose if a plea deal is accepted. 

Only the judge can impose a sentence in a case.  At times, the prosecutor can make a sentence recommendation, but this recommendation does not bind the judge.  It is simply that - just a recommendation.  It is up to the judge to impose the sentence in a criminal case.  However, the prosecutor and defense attorney can agree to a reduced charge.  The prosecutor can dismiss any charges he or she wants without interference from the court.  However, if the plea bargain involves a sentence recommendation, the prosecutor and defense attorney cannot guarantee the judge will follow the agreement unless the judge agrees and states this on the record.

Sentence Agreements

Prosecutors and defense attorneys can agree to a sentence agreement.  Specifically, the prosecutor will make a recommendation to the court for a particular sentence.  For example, the prosecutor can agree to time served, probation, so many days in jail or prison. As I have stated in Part 1, it helps to hire a defense attorney that is familiar with the courts and prosecutors where the case is located because the defense attorney will have familiarity with how judges will accept a plea deal and sentence recommendation. 

In Macomb County, for example, the prosecutors assigned to specific courts and courtrooms know what to expect from the judges.  Depending on the court, some judges may do Cobbs agreements. A Cobbs agreement is a procedure in Michigan criminal case law, based upon the case of People v Cobbs, 443 Mich 276 (1993), which allows a Judge to forecast a sentence the court will impose on a Defendant if the Defendant pleads guilty or no contest.  If at the time of sentencing, the court cannot keep its promise of imposing the particular forecasted sentence, the defendant has the ability to withdraw the plea and start over.

Defense Attorney as Negotiator

 Since most criminal cases are resolved by plea, your attorney must be a skilled negotiator. A skilled defense attorney must first take two things into consideration: (1) What is a reasonable conclusion to the case, (2) How likely would a conviction be if the case went to trial. An attorney must engage in a risk-reward analysis. Specifically, does the risk of going to trial and getting convicted outweigh the benefit of a plea deal? If it is likely that the defendant would win at trial is it worth it to take a plea deal? The assessment of the case must be based on a thorough investigation of the facts. That includes an independent investigation conducted by the defense attorney. A truly great Michigan criminal lawyer knows everything there is to know about their client and the case. Only after a proper assessment of the case has been done, can a defense attorney effectively negotiate with the prosecutor.

A skilled Michigan defense attorney must be able to identify the weakness in the prosecutor’s case. The weakness might not be the overall facts but may relate to the arrest. For example, while the case may not be won at trial, based on the facts, a defense attorney might be able to win a motion to suppress based on an improper arrest. If the lawyer argues that the police violated the 4th Amendment, the evidence might be suppressed. So, the defense attorney may be able to negotiate a good deal for his or her client by telling the prosecutor that there is a definite 4th Amendment problem.

The defense attorney’s role is to create doubt in the prosecutor’s case. That is why I spent a great deal of time discussing “investigation” in Part 1 of this series. The best Michigan defense attorneys find witnesses that aid the defense, identify errors of fact in the police report, and file motions to dismiss or suppress evidence. Basically, the defense attorney must strengthen his or her bargaining position by conducting a proper investigation into the case to see if there are weaknesses. Sometimes there are, sometimes there are not. It is all about leverage when bargaining.

In the negotiating process, “leverage” is the power that one party of a negotiation has to influence the other side to move closer to their negotiating position. A party's leverage strength is based on the party’s ability to award benefits or impose costs on the other side. If a defense attorney has done a proper investigation and determines that the prosecutor’s case is not so strong, the defense attorney can negotiate the case in a way that benefits the client.

Gaining leverage, applying pressure, in a negotiation is one aspect that leads to winning a negotiation. During the negotiation process, defense attorneys must ask: How do I gain leverage over the prosecution in this case? How do I apply it in this scenario?

Prosecutors often start with a great deal of leverage. Michigan sentencing laws have become tougher over time. Prosecutors use that knowledge to force defendants to plead guilty by using the threat of a harsher sentence if the defendant fought the case at trial. I call it “if you play, you pay.” I believe it is unconstitutional because a defendant is penalized for exercising his or her right to have the case proven beyond a reasonable doubt. If the prosecutor is willing to offer a plea if the client avoids trial why overcharge the case in the first place? But, that is a different topic and requires a separate discussion.

Nonetheless, the biggest pressure placed on a defendant is the “trial penalty” or the “if you play, you pay” penalty which means that if the defendant goes to trial and is found guilty the sentence will be much higher than the sentence in the plea deal. Because of the sentencing laws, the reality in plea negotiations is that a criminal defense attorney starts with very little leverage. However, the defense attorney must investigate the case to see if there is a weakness that can increase the leverage for the defense.

What constitutes a good plea deal varies from case to case. You must talk to your attorney to find out what the options are in a given case. Sometimes pleas can be negotiated where convictions are not placed on a person’s criminal history. Basically, it is invisible to potential employers. Other times a plea can avoid jail time altogether.

Advantages of Plea Deals

A case that is resolved by plea bargain has many advantages that can lead to a favorable resolution of a criminal charge. A plea deal can avoid a guilty veridic on charges reached after a jury trial. The decision to accept a plea or go to trial must be based on a fair assessment of the evidence. I often say it is like giving a diagnosis for a patient only after the x-rays and blood tests have been completed. A good attorney can only diagnose your case after a thorough examination of the evidence and the prosecutor’s case. Effective plea bargaining depends on a variety of factors that only a well prepared and experienced criminal defense attorney can determine. A plea negotiation is but one of many effective tools that a defense attorney can use to protect you. Here are some examples of how a plea bargain can protect someone:

• Avoid a criminal conviction with sentencing under HYTA.

• Avoid a conviction under MCL 333.7411 for a misdemeanor or felony drug possession cases.

• Obtain sentencing where dismissal is eventually granted after a period of time.

• Have a felony charge reduced to a misdemeanor; or have multiple charges dismissed with a plea to one

• Avoid registration under the Michigan Sex Offender Registration act by a plea to a non-criminal sexual conduct offense

• Avoid loss of driver’s license

• A plea that retains firearm ownership

• Avoid a mandatory jail sentence

• Prevent other uncharged crimes from being filed against you

• Avoid prison

• Save you money on fines and costs

 The best defense attorneys know when to go to trial and when to negotiate. Your attorney must have real trial experience to back up his or her negotiating position. Other times, a defense attorney can win by not fighting. What does that mean? Say, the evidence against the client is overwhelming. The likelihood of conviction at trial is great. A skilled criminal defense attorney knows that the client has a lot to lose by fighting at trial. So, the attorney will negotiate the case to obtain a result that is better than the sentence and conviction after a trial. Everything that should be done by the attorney must be done in the best interest of the client.

Criminal defense attorneys must investigate the case in order to provide proper advice as to whether a client should accept a plea deal or go to trial. Clients should ask questions to make sure that they understand the advice. Clients should ask why the defense attorney thinks a trial or plea deal is in their best interest. Before you make an important decision, You are entitled to know what alternatives are reasonably available to you.

What makes a great Michigan criminal defense attorney? Part 1: Location and Investigation

If you want to find a great criminal lawyer for your case, look for these characteristics.

1. Where is the attorney located? The benefits of “home field” and “familiarity”

   When you are looking to hire a criminal lawyer you should first find one that is familiar with the jurisdiction or court where your case is being heard. Most Michigan criminal lawyers practice in multiple counties. For example, because our law firm is centrally located in Macomb County, we are intimately familiar with courts located in Macomb, Oakland, Wayne, and Saint Clair Counties. You have to ask if your potential lawyer has done several cases in the particular court where your case is located. This is extremely important. Familiarity provides a criminal lawyer with the necessary information. Procedures vary from one courthouse to another. For example, the prosecutor in one county may have a different policy from that of another prosecutor. For example, Bloomfield Hills District Court handles drunk driving cases much differently than Chesterfield Township. Criminal defense attorneys must also know how the prosecutors operate. Some prosecutors are willing to negotiate cases while others do not. Some will go to trial while others prefer to settle the case. A criminal defense attorney should be familiar with the police departments and their officers. An attorney familiar with the police may be able to quickly handle the matter with the officer’s input with the prosecutor. Basically, you want an attorney who operates with a “home field” advantage.

   True criminal defense attorneys, like prosecutors, law enforcement, judges, probation officers, are “frequent flyers” in the courts. Since the defense attorney has been in the courts for years, the defense attorney has established a professional relationship with the prosecutors and city attorneys. This only benefits you as a defendant.

   If your attorney has been professional over the years, he or she, has established a great reputation for being ethical, thorough, competent, and reasonable. A good reputation combined with reasonableness puts the attorney in a better position to negotiate and argue on your behalf.

   Some defendants get concerned when the defense attorney gets along with the prosecutor. You shouldn’t be concerned if your attorney makes small talk with the prosecutor. The reality is, the small talk and collegiality is part of being reasonable. A reasonable and approachable criminal defense attorney can help secure a dismissal or reduction of the charges, obtain a great plea offer, a favorable bond — or dozens of other matters that affect a criminal prosecution. You are probably familiar with the famous cliche: “You can catch more bees with honey than you can with vinegar?” It definitely applies to criminal cases. There is a time to fight and a time for peace. A skilled criminal defense attorney knows when it is time to choose one over the other.

2. Attorney qualities

   The best criminal defense lawyers all have have exceptional skills in 4 areas. They are: the Investigation, Negotiation, Preparation, and Execution.

   1. Investigation

      An investigation is where an attorney’s work in the case begins. While the police report and discovery provide an initial basis as to the foundation of a criminal case, the attorney may need to follow-up with his or her own investigation into the facts. Most lawyers do not go any further than the officer’s statements in the police report. Skilled attorney’s don’t stop there. It is the probably the biggest single difference in lawyers. Some defense attorneys are willing to work harder than others. Some are more dedicated to being a true defense attorney. Attorneys who conduct their own investigation, when necessary, separate themselves from the pack of average attorneys.

      When a criminal defense attorney receives a criminal case, he or she must get up to speed on the facts. The police and prosecutor have, we hope, done a complete investigation into the case. Depending on the case, the police have conducted an investigation that may have taken months or even years. A criminal defense attorney, by contrast, is getting into the game late. After meeting with the client to obtain his or her version of events, the defense attorney may have to investigate. A strong defense is based on the facts. A great criminal defense attorney asks, “Did this really happen the way the police claim?” “Are there alternative explanations as to what happened?” “What do I need to show to establish that my client is not guilty of this offense?” “Did the police miss anything?” So, a great criminal defense attorney must gather photos, locate witnesses, have independent tests done, obtain phone records, and so much more. The investigation of the facts can make or break a defense. Not many lawyers investigate. Very few go to the scene of a crime. Only a few ever go out and talk to witnesses.

      The American Bar Association, Standard 4-4.1,states:

      INVESTIGATION AND PREPARATION

      Standard 4-4.1 Duty to Investigate and Engage Investigators

      (a) Defense counsel has a duty to investigate in all cases, and to determine whether there is a sufficient factual basis for criminal charges.

      (b) The duty to investigate is not terminated by factors such as the apparent force of the prosecution’s evidence, a client’s alleged admissions to others of facts suggesting guilt, a client’s expressed desire to plead guilty or that there should be no investigation, or statements to defense counsel supporting guilt.

      (c) Defense counsel’s investigative efforts should commence promptly and should explore appropriate avenues that reasonably might lead to information relevant to the merits of the matter, consequences of the criminal proceedings, and potential dispositions and penalties. Although investigation will vary depending on the circumstances, it should always be shaped by what is in the client’s best interests, after consultation with the client. Defense counsel’s investigation of the merits of the criminal charges should include efforts to secure relevant information in the possession of the prosecution, law enforcement authorities, and others, as well as independent investigation. Counsel’s investigation should also include evaluation of the prosecution’s evidence (including possible re-testing or re-evaluation of physical, forensic, and expert evidence) and consideration of inconsistencies, potential avenues of impeachment of prosecution witnesses, and other possible suspects and alternative theories that the evidence may raise.

      Example of how our investigation won a “not guilty” verdict for our client

      My client charged with several counts of first-degree criminal sexual conduct as alleged by his niece. This is a maximum with a minimum sentence of at least 10 years mandatory and consecutive for each charge. In total, he was looking at 50 years in prison, minimum.

      The complainant alleged that her uncle assaulted her in her grandmother’s home where he lived after a divorce. At trial, the detective in charge of the case testified that he took the complainant’s statement and interviewed her. He had the complainant interviewed by Care House. He also had the complainant write a statement.

      This was a high level case with a lot at stake for our client. Effectively, he would have received a death sentence if he went to prison for 50 years. This would have been tragic since he had maintained his innocence since day one. Our independent investigation support the defense of complete innocence.

      We investigated the layout of the home where the events allegedly occurred. The house was 900 square feet. This did not allow for much privacy. The bedroom where the events allegedly occurred was directly next door to our client’s daughter’s bedroom. The walls were thin by ordinary standards. The grandparent’s stayed up late, that is, until 3 or 4 a.m every night. The television was located in such a way that when the grandparents were watching, they had a straight line of sight down the hallway where the bedrooms were located. The rooms did not have doors on them. The bathroom was located right next to the bedroom where the incidents allegedly occurred. We had photos and a layout of the home.

      When I cross-examined the detective, I was armed with the evidence that I had obtained during my investigation. The following exchange occurred at trial:

      Question: Officer did you go to the home to look at the alleged scene of the crime?

      Response: No.

      Question: Did you investigate the home to see the rooms did not have doors on them?

      Response: No.

      Question: In this photo isn’t it true that the grandparents would have a direct line of sight down the hall and could view see if their son went into the granddaughter’s bedroom?

      Response: Yes.

      Question: But you didn’t investigate that fact, correct?

      Response: I did not.

      Question: Did you investigate the walls to see how thin they were and if a person could hear movement from another room?

      Response: I did not.

      Question: Did you ever look at a layout of the home?

      Response: No.

      Question: Did you investigate and discover that my client’s daughter’s room was next door to the complaint’s bedroom?

      Response: No.

      Question: Did you investigate the living room to see how far the grandparent’s were from the bedroom?

      Response: No.

      Question: So, you never measured that it was only 20 feet?

      Response: No.

      Question: What exactly did you detect, detective?

      Response: Silence

      The jury found my client not guilty of all 5 counts. In fact, during the cross-examination of the detective and alleged victim, the jurors were shaking their heads in disbelief of the stories and claims. Short story was the alleged victim falsely accused her uncle of these crimes because she wanted to deflect from bad behavior.

      Had we not done our own investigation we would not have had a solid defense to the case.

      The moral of the story is that you must find an attorney that is willing to do the work. You must find a criminal defense attorney that will investigate possible defenses of the case. It is you against the great resources of the police and prosecutors. Your attorney must be ready to take on that challenged and be armed with evidence for that fight.