Thursday, July 29, 2010

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lawyer ethics

Is Your Michigan DUI Prosecutor Only Interested in Conviction?

March 5, 2010

Your Michigan DUI will prosecuted by a lawyer who is supposed to be interested in one thing – to be sure that justice is done.  That means that if the prosecutor knows of something that shows you are not guilty of a Michigan DUI, then he/she is supposed to let your DUI lawyer know this.  [...]

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Your DUI Lawyer Controls These 18 Rights

February 16, 2010

In our prior article we discussed those things over which the Michigan DUI client has total control.  In this article we discuss those issues over which the DUI lawyer has control, or at least partial control. The DUI lawyer generally has control over those decisions relating to matters of “strategy” or “tactics”.[i] More specifically, the [...]

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Pleading Guilty to Michigan DUI is a Client Decision

February 15, 2010

Many people arrested in Michigan for DUI have never been arrested before and may have never even hired a lawyer.  For people facing a Michigan DUI for the first time it may be helpful to know what a DUI lawyer can do and what a DUI lawyer cannot do when handling their Michigan DUI case. [...]

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What do Global Warming and Drunk Driving Defense Have in Common?

December 1, 2009

Answer: Scientists involved in the prosecution of drunk and drugged driving and global warming both use science and scientific principles to make their case.  Some also believe that both misuse science and hide the truth in order to mislead the public. Regarding global warming this point is made in an article entitled Secrecy in science is a [...]

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Why DUI Defense Experts are Feared by the State

October 18, 2009

Those who are in power have always loathed and feared others who have the ability to challenge them philosophically or scientifically. Jesus is an early historical example of this idea. He was openly critical of Palestine’s Roman rulers and accused the ruling class of hypocrisy and injustice.  To the ruling class Jesus was a pariah.  For [...]

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A DUI Prosecutor Must Help Prove That You Are Not Guilty

September 22, 2009

In a Michigan drunk driving case the prosecutor is legally and ethically required to provide the evidence that shows that you are not guilty.  Unfortunately, not all defense lawyers know how to make sure the prosecutor provides this favorable evidence, and not all prosecutors follow the law or ethics. Both the prosecutor and the defense attorney [...]

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Bubba Head’s Ten Commandments For Ethically and Effectively Representing DUI Clients at Trial

August 26, 2009

How to be Sure the DUI Attorney You Hire to Handle Your Pending Drunk Driving Case will Provide the Best Possible Representation:              Many attorneys that handle drunk driving cases don’t have sufficient training to appropriately represent their clients, while others simply don’t have the desire to do so.  When considering what attorney or law [...]

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Lies Recently Told by Michigan DUI Lawyers

August 13, 2009

I am often astonished at some of the lies told by some of Michigan’s DUI lawyers.  Usually, these lies are told by low-fee lawyers who aren’t being paid to work hard on your case. Here are some examples: I’m not getting the videotape because you were drunk, you’ll look bad, and it won’t help your [...]

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Attorney Fees in Drunk Driving Cases

August 13, 2009

If you’ve been arrested for drunk driving (called “OWI” in Michigan), then one of the things you’ve probably got on your mind is “how much is this going to cost me?”  One of the costs involved in an OWI case is the cost of hiring an attorney. Attorney fees in a drunk driving case vary [...]

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Preliminary Exams in OWI Causing Death Cases

July 31, 2009

The following question was recently asked on a criminal defense listserve: Q:  Has anyone waived a preliminary examination on an OWI Causing Death case to avoid Enhancement to Second Degree Murder? Since many non-lawyers follow this blog, let’s first define the term “preliminary exam” as that term is used in Michigan.  This definition is from [...]

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Oakland County Prosecutor Makes Drunk Drivers Pay Costs of Prosecution

July 25, 2009

At sentencing, the Oakland County Prosecuting Attorney is now asking the judge to order the defendant to pay the “costs of prosecution.”  This is one way, along with forfeiture in drunk driving cases, that Oakland County’s newest prosecutor hopes to help ease the department’s budget crises.  The idea however has many detractors, including the majority of [...]

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What is My Worst Case Senario for Drunk Driving?

June 25, 2009

The punishment you will face for even a first offense drunk driving conviction will vary depending somewhat on the court you are in, the judge you are facing, your prior record and what I call “your station in life.” The Crime of drunk driving, which in Michigan is called OWI, OUIL, UBAL and OWVI, is [...]

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I Will “Defy Hell” on Behalf of My Clients!

June 25, 2009

When I’m at a cocktail party and someone asks me what I do for a living, and I tell them that I defend drinking drivers, the conversation often ends quickly.  One reason lawyers and in particular criminal defense lawyers, and even more in particular, lawyers who represent “drunk drivers” are so unpopular is because our [...]

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Drunk Driving Lawyers Should Never be Required to Disclose Prior Convictions

June 19, 2009

Like all learned professions, in the legal profession a client’s confidences and secrets are protected.  In fact, any confidence or secret learned during the representation must be held inviolate by the lawyer.[i]  The rule is written in mandatory language and states that a lawyer shall not knowingly reveal a confidence or secret.[ii]  Certainly there is excellent public [...]

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Are Some of Michigan’s Drunk Driving Defense Lawyers Unethical?

June 17, 2009

Sadly, Michigan’s State Bar does not require ANY continuing education for licensed lawyers.  The reason I say “sadly” is because many areas of practice require extensive advanced training.  Once such area is drunk driving defense.  What I mean by this is that competent representation in a drunk driving case requires a high level of expertise. [...]

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