Michigan Criminal Defense Lawyer

Michigan Criminal Defense Attorney

If you’re facing a criminal charge, your future is on the line. There are four things you NEED, above all others:

1. To stay out of jail
2. To keep your record as clean as possible
3. To avoid as many legal penalties and negative consequences as possible
4. An honest lawyer you can trust to represent your best interests

These goals sound good as talking points, but when it’s your life, they aren’t just talking points. They’re your reality. As experienced Michigan criminal lawyers, our team spends all day, every day, handling criminal cases. We don’t just fight blindly; we always follow an intelligent defense strategy. This means formulating a solid defense plan rather than just making a lot of noise.

Our Criminal Defense Practice Areas

My team and I are full-time Michigan criminal lawyers. We don’t do divorce cases or get involved in lawsuits. Although we represent people for a wide range of criminal offenses, here are some of the more common charges we handle, listed alphabetically:

• Aggravated assault
• Assault and battery
• Auto-theft (unlawful driving away of an automobile)
• Computer crimes
• Criminal sexual conduct/sexual assault
• Disorderly person
• Domestic violence
• Driving while license suspended/revoked/denied
• Drug crimes/drug charges
• DUI
• Embezzlement
• False pretense offenses
• Financial transaction device crimes
• Firearms/weapons charges
• Indecent exposure offenses (including aggravated indecent exposure)
• Larceny charges
• Malicious destruction of property
• Retail fraud
• Stalking
• White collar crime

How Criminal Cases Proceed in Michigan

Knowing how a criminal case proceeds in Michigan can help you prepare for what may happen. Here are the steps in a typical Michigan criminal case:

• Police are notified of or observe a crime and investigate: The first step is when police investigate a reported or suspected criminal offense that occurred. This involves gathering evidence and interviewing any witnesses, victims, and/or suspects.
• Police are granted a warrant: If the police do not have probable cause to make an arrest on the spot, they will need a warrant to proceed. A warrant can only be granted by a judge or magistrate, and it must be supported by probable cause. In some cases, the police may first need to get a search warrant signed by a judge to obtain evidence that justifies an arrest warrant.
• Suspect is arrested: The police can make an arrest with a warrant or if they have observed a crime (think DUI or driving with a suspended or revoked license). During this process, police are legally required to read the suspect his or her Miranda rights. The suspect is then taken into custody to be processed and either be released on an interim bond or wait for arraignment.
• Suspect is arraigned: When a suspect is arraigned, he or she is brought before the court and told the exact criminal charges they face. Conditions of release, such as bail or bond, and any kind of breath or urine testing, are also set at arraignment.
• Pretrial conference: After arraignment, the case will be set for a pretrial conference in which the prosecutor and the defendant’s Michigan criminal defense lawyer will see if they can work out a deal to settle the case, such as through a plea bargain agreement. If an agreement is reached, the defendant will then formally agree to it in court and on the record.
• Trial: If the case cannot be resolved through plea negotiations, then there will be a trial. There, it is up to the prosecutor to demonstrate that the defendant committed the crime(s) they are charged with beyond a reasonable doubt in criminal court. They do this by presenting witness testimony and other evidence. Note that the defendant does not have to prove that he or she is innocent. The defense lawyer’s job is to show how the prosecutor failed to meet the “beyond a reasonable doubt” burden of proof.
• Verdict: The jury (or just the judge, if there is what’s called a “bench trial,” meaning a trial before a judge without a jury) will issue a verdict at the conclusion of the proceedings. If the defendant is found not guilty, then he or she is acquitted and is free to go. If the defendant is found guilty, then he or she will subsequently be sentenced by the judge.
• Sentencing: This is when the judge decides what punishment(s) to impose, and is really the heart and soul of a case. The goal is to either get out of a charge completely, or to at least avoid as many of the legal penalties and negative consequences as possible. One of our firm’s mottos is that “success in a criminal case is best measured by what does NOT happen to you.”

How Do Michigan Criminal Law Attorneys Help Prepare a Defense for a Criminal Case?

An experienced defense lawyer is the biggest asset you can have on your side in a criminal case. Our team always prepares an intelligent and strategic defense based on the specific facts or your case. Take a look at a few of the ways we can help:

• Gather evidence: The first step we take, as Michigan criminal lawyers, is to examine the basis of the charge(s) you are facing. We’ll investigate everything and collect any evidence that could be used to defend against the charge(s). This can include official reports, video, witness statements, and physical evidence. Remember that police look for evidence to implicate you, while we dig for evidence to defend you.
• Investigate the conduct of involved police: Every person has basic fundamental rights, and if the police violate them, then that can negatively impact the prosecution. Part of our job is to investigate police actions, including how you were arrested and how they collected evidence. If there are any problems, we may file a motion asking the court to suppress or dismiss unlawfully obtained evidence.
• Protect your rights: Criminal law is complicated, to put it mildly, and the average person is simply not aware of his or her constitutional rights and the interplay between all of them and the law. A good lawyer will be able to protect your rights and keep the government from violating them.
• Create a defense strategy: We will work tirelessly with you to develop an intelligent defense strategy for your case. You could have an alibi, or you could have been acting in self-defense. Maybe the charges are based on an unreliable witness or questionable evidence. Whatever the details of your specific case, our team will leave no stone unturned in our search for a way to cast reasonable doubt on the charge(s) made against you.
• Legal representation: Even if you understand the details of your defense, having a lawyer representing you through all stages of the court process is essential. Our experience enables us to know the ins and outs of how things work in the court where your case will be decided and to object to any improper actions taken by the prosecution.
• Legal advice: Many criminal cases result in a plea bargain offer that you can choose rather than facing a conviction following a trial. Making this decision alone can be incredibly difficult, but a we will be right there to help you make the right choice.
• Avoid as many legal penalties and negative consequences as possible: Even if the case against you is solid, the bottom line is that you hire a lawyer to make things better and avoid getting hammered with penalties. Experienced criminal lawyers like us know what to do to avoid and/or minimize many of the negative consequences you face. This could include all sorts of things, like getting you into counseling or gathering character evidence from your employer, family, or friends.

What Should I Look for When Hiring a Criminal Defense Attorney in Michigan?

Facing any kind of criminal charge is stressful. You already know that. Now, you have to look for a criminal lawyer. You need someone you can trust. Your lawyer has to fight like a bear to produce the best outcome possible.

It can seem the more you look around, the more you get confused. Every lawyer has a message and a sales pitch.

Here are three key qualities that you need in a criminal lawyer:

Experience

You have to know that your lawyer is experienced in the kind of case you have. We believe that it is essential for him or her to know how things work in the court where your case is being heard. My team and I ONLY take cases that fit within the realm of our prior experience. We stick to local courts where we appear regularly. This is why our firm limits our criminal and DUI practice to cases pending in the district and circuit courts of Wayne, Oakland, Macomb, and the surrounding counties.

Personality

Your criminal lawyer has to be a fighter and stand up for your rights. He or she must be charismatic, persuasive, and strong enough to protect you and your interests. That means actually making things better. You have to like and trust the lawyer you are going to hire because he or she is your spokesperson when dealing with the prosecutor and the judge. My team and I will always be completely honest with you and will never just tell you what you want to hear.

Fees

Price should NEVER be a secret, and it isn’t with our practice. We are the only law firm to list its prices online. We believe in that kind of transparency in all our dealings. We charge enough to properly handle every case we take. We don’t cut corners, but we don’t do unnecessary work, either. Instead, we do what’s needed to fight for our clients, protect their futures and produce the best results possible.

Questions to Ask When You Hire a Criminal Defense Lawyer in Michigan

How Long Have You Been Practicing Criminal Law?

Given how critical experience is when finding a criminal defense attorney, it is important to find out exactly how long he or she has been practicing criminal law and/or defense law. Your chances are much better if you hire a criminal lawyer with years of experience rather than a new public defender. Of course, it is important to evaluate the experience and practice of any lawyer you consider. If you are facing criminal charges, it’s far better to have a lawyer who exclusively practices criminal law than a lawyer who dabbles in multiple practices like personal injury or family law.

Where Did You Go to School?

A lawyer’s education can speak volumes about his or her knowledge of criminal law. Lawyers from recognized and respectable institutions bring more to the table and offer legal services that provide you with the confidence of knowing you’re in good hands. You may also want to ask if he or she is part of any professional or bar associations. Experienced lawyers tend to get involved in their local legal circles and practice area groups.

Have You Had Similar Cases to Mine?

The details of every case are unique, but there is plenty of crossover, too. Having a criminal defense attorney who has dealt with cases like yours is critical. Don’t be afraid to ask for details about the results of any cases similar to yours.

What is Your Success Rate?

A lawyer with a track record of success is not going to want to break that trend. When a successful lawyer takes your case, he or she will do everything in their power to win for your sake and for their own law practice.

Do Your Cases Often Go to Trial?

Not all criminal cases need to go to trial. Many can (and should be) be settled before a trial is necessary. Trials can be risky endeavors, and some lawyers, like us, are able to negotiate exceptionally good plea bargains or even get charges dropped entirely. Be sure to ask any lawyer you are considering how often his or her cases go to trial.

Do You Know the Courthouse for My Case?

While there is no legal precedent for having a home-field advantage, it can be a huge benefit to have a lawyer who has built a rapport with the judge who will preside over your case. Plus, a lawyer who is more familiar with the prosecutor will have a much better idea of how to defend you. This is why our firm limits its criminal and DUI practice to the Greater Detroit area of Wayne, Oakland, Macomb, and the surrounding counties.

How to Get Charges Dropped or Dismissed Before the Court Date in Michigan

One of the best outcomes for your case is to get the charges dropped or dismissed before it even gets underway. The first step towards this is getting a defense attorney on your side earlier, rather than later. He or she will look for all legal reasons to get your charges dropped right from the start. Grounds for dropping charges or dismissing a case can include the following.

• Violations of the defendant’s constitutional rights
• Police failure to follow legal arrest procedures
• Lack of evidence
• Problems gathering, analyzing, and/or maintaining the evidence
• Mistakes in charging documents
• Illegal searches

Drunk Driving and DUI Charges

Drunk driving and DUI/OWI charges are criminal matters and can be serious, especially if you need to drive to get to work. The good news is that not all DUI charges are legally sound. Take a closer look at how to move forward when facing these kinds of charges. You can reach out to our Michigan DUI lawyers to learn more.

Is a DUI a Felony or Misdemeanor in Michigan?

In most cases, a DUI is a misdemeanor in Michigan, but that is not always the case. If you are charged with a 3rd offense DUI after already having been previously convicted twice of drunk driving in the past, then the charge becomes a felony.

Additionally, if your DUI involved a serious injury or death, that can be considered a felony, as well.

What Are the Penalties for a DUI in Michigan?

The penalties for a DUI depend on how many DUI convictions you have had in the past. If charged with a third-offense felony, you face the following potential consequences:

• Maximum five-year prison sentence
• Maximum $5,000 in fines
• Six points on your license
• Revocation of your license for up to five years
• Maximum 180 days of community service
• Vehicle forfeiture for up to three years

In misdemeanor DUI cases, you potentially face jail time and a certain driver’s license sanction, meaning either a suspension or revocation, among other possible penalties. Of course, your lawyer’s job is to both keep you out of jail and protect your ability to drive.

How Do You Beat a DUI in Michigan?

Here are a few of the more common DUI strategies used to fight a charge:

• Challenge the reliability of field tests to determine sobriety.
• Expose false or inaccurate breath and/or blood test results.
• Demonstrate how the police did not follow procedure when administering any field sobriety or chemical tests.
• Show that the police violated your rights at some point.
• Convince the judge that the traffic stop was not warranted in the first place.
• Prove that the breathalyzer machine malfunctioned, or that the blood test is not reliable.

How to Expunge a DUI in Michigan

DUI convictions go on your criminal record, and that can have serious consequences for insurance, employment, and more. Getting your conviction expunged will ease this burden, but the process is complicated. To qualify, you will have to meet certain criteria that include:

• Only a first-time (1st offense) DUI conviction can be expunged
• Minimum five years after the sentence before applying
• No convictions or arrests in those five years

Some DUI convictions cannot be expunged, including the following:

• Any DUI convictions after your first
• A DUI with a minor in the car
• Any DUI that caused serious injury or death
• A DUI while driving a commercial vehicle with a CDL license

Driver’s License Restoration

When your driver’s license is revoked, it is gone forever until you take action and win it back. This is done by filing a formal license appeal with the Michigan Secretary of State’s Office of Hearings and Administrative Oversight (OHAO).

Fortunately, driver’s license restoration in Michigan may be possible for you.

Do I Need a Lawyer to Get My License Back in Michigan?

You do not technically need a lawyer to get your license back, but it is VERY difficult to succeed without one. Driver’s license restoration lawyers like us know how to effectively navigate the complicated process and create a strong case for restoration.

When you work with our team, we guarantee your driver’s license will be restored!

How Do I Get My Driver’s License Restored in Michigan When I Live Out of State?

The driver’s license restoration process is entirely virtual, including the license appeal hearing. That means you can go through the restoration process without even having to travel to Michigan and from the comfort of your home. We regularly handle out-of-state license restoration for clients, so we are familiar with the process. Our clients live all over the state and, indeed, the country.

Our license restoration guarantee applies equally to out-of-state clearance appeals.

Criminal Charges

Criminal charges can drastically impact your life, but you can minimize that damage with a proper legal defense.

How Can Criminal Convictions Affect My Life?

Criminal convictions can make numerous aspects of life harder than you might expect. You may face any of the following obstacles:

• Trouble finding work
• Difficulty traveling
• Inability to receive certain licenses and certifications
• Limited rights
• Limitations on child custody
• Threat to immigration status
• Complications and/or denials being accepted into college
• Obstacles to renting property
• Post-traumatic stress
• Damage to reputation

Do I Need a Lawyer if I’m Being Investigated by the Police?

Legally speaking, you do not need a lawyer if you are being investigated by the police. Practically speaking, however, you absolutely need a lawyer if that is happening. Remember, the police only look for evidence to prove that you are guilty. Remember, the best legal advice in the world is this: SHUT UP.

Always exercise your right to remain silent. Your lawyer can help you assert that right and look for evidence to cast doubt on your guilt.

Should I Cooperate With the Police?

No. Never cooperate with police unless you have an attorney present. Police are more interested in getting convictions than anything else, so you will need a legal advocate to represent your interests and protect your rights. The police aren’t there to get you out of trouble.

How Can I Expunge My Criminal Record in Michigan?

Expunging your criminal record means removing convictions from the public record. The process for doing so generally takes several months and requires a few steps:

• Submit an expungement application.
• Allow up to two months for your criminal history report to be processed.
• Wait for the Michigan Attorney General’s response (up to three months).
• Attend your expungement hearing.

Whether or not your convictions are actually expunged depends on a lot of factors, including how your expungement hearing goes. Having an experienced criminal lawyer prepare your case and represent you will maximize your chances of a positive outcome.

Why Work With Jeffrey Randa and Associates?

With Jeffrey Randa and Associates, you can expect open, honest communication and a custom defense crafted by highly experienced criminal lawyers. The greatest reward we get is when a prior client calls us and thanks us for not treating them like just another file, and for the guidance and help we provided.

The success we achieve can only come from being a firm that looks beyond the case at hand and at the person as a whole. We truly want our clients to get the best result possible so they can move forward unburdened by a past incident.

Our clients consistently highlight our dedication to their personal successes.

Make the Call For Your Future

If you are facing criminal charges or expect to be charged with a crime in the greater Detroit area, meaning anywhere in Oakland County, Macomb County, Wayne County, or any of the immediate surrounding counties, you need reliable representation. Beyond all the legal issues, you need a criminal lawyer who will really be there for you.

In our law firm, we work as a team to do just that.

When you’re our client and have questions, all you have to do is call our law office. Whoever answers the phone should be able to answer your questions right then and there. If not, then they’ll get answers for you right away.

In driver’s license restoration cases, we can help people from Ann Arbor, Troy, Bloomfield Hills, Grand Rapids, Lansing, Marquette, Shelby Township, Southfield, Sterling Heights, Port Huron, Traverse City and beyond. Note that our license restoration services are not only state-wide but also nationwide.

Anyone needing legal services should be a savvy consumer, explore their options, and speak with different law offices. There is simply no downside to checking around.

All of our consultations are free, confidential, and, best of all, done over the phone right when you call. My team and I are very friendly people who will gladly answer your questions and explain things. We’ll even be happy to compare notes with something any other lawyer has told you.

We can be reached Monday through Friday, from 8:30 a.m. until 5:00 p.m. (EST), at 586-465-1980, or any of the other numbers on our website.

Call us for a free consultation. You’ll be glad you did.

Frequently Asked Questions

Should I Represent Myself in a Michigan Criminal Case?

No, you should never represent yourself in a criminal case. Here are just a few reasons why:

• You do not understand Michigan law as well as a lawyer (and that’s okay; that’s why we’re here).
• You may incriminate yourself without realizing it.
• You do not have experience in a courtroom.
• The prosecutor has a lot more experience than you.
• Judges can have a bias against you — they like dealing with lawyers.
• No one else in the process will be on your side.
• Statistically, you have a higher chance of getting convicted.
• A lawyer can produce a better outcome all the way around.

What is the Difference Between a Felony and a Misdemeanor in Michigan?

The central difference between a felony and a misdemeanor is potential jail time. A conviction for a misdemeanor charge can only result in a sentence of incarceration in the local county jail for a year or less. A felony, on the other hand, could have you sentenced to more than a year of incarceration in the state prison system.

How Long Does a DUI Stay on Your Record in Michigan?

A DUI will stay on your record for the rest of your life in Michigan unless you have it expunged. Note that only one DUI can ever be expunged from your record. Any subsequent DUI convictions are going to be there forever.