Every criminal case is unique. However, every criminal case requires the same aggressive approach at each stage of the case. Below are strategies and approaches that may apply in your criminal case:

ASSERTING YOUR CONSTITUTIONAL RIGHTS

A criminal defendant has many constitutional rights which can be enforced if the attorney is knowledgeable about the constitution. We initially look at every case to seek dismissal or suppression because of police and prosecutor misconduct. It happens more frequently than you would imagine. These constitutional concepts include the following:

  • Illegal search under Fourth Amendment,
  • Illegal seizure under Fourth Amendment,
  • Violation of Fifth and Fourteenth Amendment Rights regarding self incrimination and confessions,
  • Suppression of involuntary confessions,
  • Violation of the Miranda Warning,
  • Violation of your right to counsel,
  • Violation of your Sixth Amendment Right to avoid recriminating statements after invoking your right to counsel,
  • Invalid consent to waive a Constitutional Right,
  • Lack of probable cause,
  • Lack of probable suspicion,
  • Unlawful arrest,
  • Failure to produce exculpatory evidence.

PLEA NEGOTIATION

Many times, there is a criminal offense that was committed but the matter has been overcharged or the crime does not warrant the level of punishment required by law. There are many alternative ways to resolve a criminal matter and either avoid criminal conviction entirely, or delay sentencing or enforcement of that criminal conviction. For example, there are deferment statutes that allow the following:

  • A deferred criminal conviction for a first offense domestic assault, domestic violence,
  • A deferred criminal conviction for a first offense controlled substance charge,
  • A deferred sentence from many felonies for persons under the age of 26 years old under the Youthful Trainee Act,
  • Deferred sentencing, under MCL 771.10, requesting that the court take plea under advisement, pursuant to Michigan Court Rules,
  • “Consent calendar” for juvenile offenses.

USE OF EXPERTS

Having a successful outcome in a criminal case many times depends upon the attorney’s skillful use of a knowledgeable expert. For example, the following types of experts have been retained in criminal matters in which we have had successful outcomes:

  • Experts in biological, physical, firearm, and document forensics,
  • Tony Corrota, expert in field sobriety testing and police road side procedure,
  • Larry Dalman Investigations, forensic analysis of electronic data, cellular telephones, computers, firearms, forensic and biological evidence, and private    investigations,
  • Medical Doctors and mental health professionals,
  • Many types of psychologists who specialize in various subspecialties of human behavior to include memory retention and formation, bias and influence, mental health disorders, and applications of forensic interview protocols in criminal sexual conduct cases.

MOTION PRACTICE AND TRIAL

In the event that your case in unable to be dismissed and we are unable to reach a plea agreement that satisfies you, then we are prepared to proceed to trial and try your case in front of a jury of your peers. It is your Constitutional Right.

Prior to trial, we aggressively file motions as needed to insure that the exculpatory evidence is consistent with the law and best supports your defense. At trial, we spend a great deal preparing with you and our experts if needed, along with use of the documentary record and creative exhibits to challenge the prosecutions theory and present a defense to the jury.

SENTENCING

In the event there is a plea or conviction, then all criminal matters do result in a sentencing. At sentencing, it is our job to get the best outcome possible given the status of the case at that time. For many cases, intervention by the attorney with the probation officer or the judge on a small matter usually makes a great deal of difference to the client, for example, having your sentence start on a particular day or making a particular accommodation in the sentencing order to accommodate your unique circumstance. We actively argue to the judge orally and in some cases by written memorandum, as to why the judge should adopt a particular sentence in your case.