When someone is accused of criminal conduct, he or she needs a Michigan criminal defense attorney who is just as driven by the desire to defend people as the prosecutor is driven by the need to prosecute. Civil lawyers are attorneys who devote a portion of their practice to cases other than criminal defense, are used to practicing law by proving a case. They handle cases by presenting proof of some injury caused by the other side.
The Best Criminal Defense Lawyers
The best criminal defense lawyers think in terms of attacking a case, knowing that they must focus on what the other side is trying to prove so that this ‘proof’ can be picked apart, piece-by-piece, and ultimately destroyed. Criminal defense attorneys understand that the prosecution must prove a charge against their client “beyond a reasonable doubt.” The standard of proof in a criminal case must be honored and used in the way that it was intended as opposed to the way prosecutors seek to explain it to juries in a watered-down and flimsy way.
Successful criminal defense lawyers handle cases with tools never used by civil lawyers and rarely understood by even many experienced criminal defense attorneys. Even many of the most experienced criminal defense attorneys in Michigan have not mastered the art of criminal defense trial work.
Motions to suppress interviews and statements, to suppress evidence seized from an office, home or computer, to exclude business records, or evidentiary hearings to attack forensic evidence are examples of tools used by criminal defense lawyers to seek dismissals, acquittals, and reductions in charges on behalf of clients. The Fourth, Fifth, Sixth and Eighth Amendments to the United States Constitution contain provisions that the most aggressive and experienced criminal defense lawyers know how to use to protect their client’s rights. The complex and ever-changing case law relating to crimes, criminal procedure, and criminal evidence is another criminal defense tool that is difficult to follow by anyone other than a dedicated trial lawyer that practices exclusively criminal defense. Unless a criminal trial lawyer constantly deals with criminal law issues, his or her imagination may not be primed appreciate the subtle nuances of the facts that will permit the fashioning of a winning defense.
Elite Criminal Defense Lawyers Live for Trials
The jury trial is what criminal defense lawyers live for. The vast majority of cases do not go to trial but a true criminal defense lawyer lives for the showdown with the prosecution wherein he or she can defend a client from overzealous, ruthless governmental prosecutors and police officers. Such lawyers are not afraid to go to trial and recommend that option to clients when it is appropriate and when other lawyers are simply afraid to conduct a trial. When a known criminal defense trial lawyer sets a case for trial, prosecutors and judges know they mean business. When a trial lawyer is a known, credible threat, prosecutors and judges tend to make offers to resolve their cases in ways that other attorneys would never be able to achieve.
Great Criminal Defense Lawyer Achieve Great Resolutions
A conservative approach in a criminal case will almost always mean pleading guilty and accepting whatever sentence is given by the court. A thoughtful, aggressive and passionate approach to plea negotiations often results in favorable plea bargains and sentences that are lenient or less severe. Great criminal defense attorneys, however, approach plea negotiations with what I call intelligent aggression. The defense attorney must come out strong in persuading the prosecution that the weaknesses in its case justify a compromise on punishment or charges. Sometimes a case for mitigation can be made in a compelling well just based on the unique characteristics of the defendant or the particular circumstances of a case.
The prosecutor must also be made to understand that the defense attorney knows how to try a case, and in fact loves jury trials. If the prosecutor wants to avoid the time and expense of a jury trial, and the risk of the defendant’s acquittal, he or she will likely offer a favorable plea agreement with the potential elimination of jail time.
Extremely Good Criminal Defense Lawyers are Available to Help You!
When the government has targeted you, you need an experienced criminal defense lawyer who can protect you. The experienced criminal defense lawyer has the skill to learn the facts and applicable laws and regulations of your case quickly, and apply these things in the special arena of prosecutors, search warrants, proof beyond a reasonable doubt, and the Bill of Rights.
There are many criminal defense lawyers in Oakland County, Wayne County, Macomb County, Livingston County, and Washtenaw County. There are very few criminal defense law firms that are designed, built, organized and operate for the sole purpose of defending those charged or accused of committing criminal offenses. Many law firms have combinations of criminal defense lawyers and civil attorneys but they designed for the sole purpose of maximizing their income and those firms are less concerned about taking care of their criminal defense clients.
LEWIS & DICKSTEIN, P.L.L.C. is a quintessential criminal defense law firm. We do nothing besides criminal defense and criminal defense related cases.
What does a great criminal lawyer do in felony and misdemeanor cases?
If you are being accused of a criminal offense or if you are charged in Michigan with a felony or misdemeanor offense (with the potential of jail or prison), you will want to have the best criminal defense lawyer fighting for you.
If you are looking at prison time, a hefty criminal penalty, or lengthy probation, you should most likely look to hire the best criminal defense attorney possible, unless you cannot afford one and then you will request that the court provide a court-appointed lawyer. To put it simply, the legal system is designed in such a way that self-representation in a criminal trial in a competent manner is impossible and foolish.
Because every criminal case is different, great criminal defense lawyers are trained to pick out the special portions of each case that make them unique. In addition, the best criminal defense lawyer for you may be able to spot certain arguments and factors that could mitigate or even prevent a conviction. When it is all said and done, getting the best possible attorney to represent you in your criminal trial is a necessity.
The Zealous and Fearless Defense Attorney’s Job
A criminal defense lawyer has many jobs. In addition to calling witnesses in your defense and cross-examining witnesses that the prosecution puts forward, the most experienced, aggressive criminal defense attorneys may also:
- If you are looking to secure a plea bargain, your lawyer may work with you and the prosecutor to negotiate a “deal.” These deals, also known as “plea bargains” can often reduce your potential sentence or eliminate some or all of the charges brought against you. However, prosecutors are often unwilling to negotiate with defendants that represent themselves or defendants who are represented by criminal lawyers who are inexperienced or unsuccessful trial attorneys.
- Figure out a good sentencing program for your situation and convince the sentencing judge to implement the plan. In the event that you are found guilty, your criminal defense attorney may be able to fashion your sentence in a way that would prevent you from winding back up in the criminal justice system. For instance, instead of going to prison for a year or more, your criminal defense attorney may suggest that you go to jail only for 6 months and spend the remaining 4 months in a drug treatment facility to help you with the drug problem that landed you in trouble in the first place. The Michigan Criminal Defense Attorneys will give you the best chance of avoiding jail or prison altogether.
- Help you with the stress and anxiety that often go along with criminal prosecutions in Oakland County, Wayne County, Macomb County and throughout Southeastern Michigan. Defendants in criminal prosecutions often feel embarrassed, depressed, and fearful and can also suffer from low self-esteem. A good criminal attorney will be patient, answer all of your questions, promptly and consistently return your phone calls and be available to you when you need help.
- Provide you with a reality check. Defense lawyers often know what is going on much better than you will during your criminal trial. Defense attorneys have the advantage of remaining objective throughout a proceeding and can offer insights into how the trial is actually going and what is likely to happen in the near future. These assessments and reality checks are often essential when a criminal defendant is trying to decide whether or not to accept a prosecutor’s plea bargain, decide whether to testify and if a trail should be by bench or jury.
- Point out important legal rules and regulations that you would most likely never find on your own or understand without assistance. Many rules and laws about criminal prosecutions are buried within regulations and laws, and even prior court opinions. For example, if you were to represent yourself, you may never know if the search that the police conducted of your apartment was lawful or not without understanding the many nuances and intricacies surrounding the 4th Amendment of the United States Constitution. Motions to suppress based upon Miranda violations, illegal search, and seizure.
- Navigate your case through the state legal system where your case is being heard. In addition to written rules, such as the local rules of court, that must be obeyed and followed, there are often many “unwritten rules” that go along with each jurisdiction. For example, if only certain prosecutors are able to make and approve plea bargains, a knowledgeable criminal defense lawyer may be your only chance for a favorable plea bargain or sentence agreement (also called a Cobb’s Agreement).
- Explain about some of the “hidden costs” that come along with pleading guilty or being found guilty at trial. Many people that represent themselves never think about the indirect consequences of pleading guilty if it could lead to a shorter sentence. For example, if you plead guilty, you may find it very hard to find a job once you have completed your punishment.
- Be able to spend more time and effort on a case than a defendant that chose to represent himself or a defendant who is represented by a court-appointed lawyer who has taken on too heavy of a caseload (after all, it is the attorney’s job to represent you!).
- Be able to more easily gather evidence and statements from witnesses that are going to be called by the prosecution. Many witnesses, understandably so, refuse to give statements or information to people that were allegedly involved in a crime, for fear of their own safety or because they just do not want to be cooperative. However, these witnesses are often much more willing to talk to an attorney about their upcoming testimony.
- Find and hire investigators that can investigate not only the alleged crime but also the witnesses that the prosecution is going to call to the stand. If these investigators can find evidence that would make a witness’s testimony less believable, this could help your case tremendously. Different types of expert testimony may be helpful and only the most experienced, skillful criminal defense litigators will know what experts are most influential and knowledgeable. An “expert witness” may be able to present evidence that would tend to show your innocence or rebut evidence that the prosecution presents which would make the prosecution’s case less credible.
Top Michigan Criminal Defense Attorneys
If you want a free consultation with an experienced, fearless and zealous Michigan Criminal Defense Attorney, please call Michigan’s Premier Criminal Defense Law Firm at (248) 263-6800 or fill out a Request for Assistance Form and a criminal defense lawyer will promptly contact you. The Defense Team with LEWIS & DICKSTEIN, P.L.L.C. is comprised of nationally recognized and awarded state and federal criminal defense attorneys with a reputation and track record of winning!