Finding the Right Criminal Defense Lawyer in Detroit

 



You have just been released from custody.  You’re tired, hungry, and smelly.  After you get home and settle in, your next question becomes how do you find the right criminal defense lawyer? You may do what many people do when: sit in front of your computer and do a search. You type in to the Google search bar “criminal defense attorney Detroit” and get page after page of people you don't know. Some are advertisements and some are "natural results". The results can be overwhelming. What to do? Just pick the one with the flashiest website?

Set up consultations with multiple lawyers.  Interview each one carefully.  You should hire a lawyer that it familiar with the Court in which you are charged, and someone that does criminal defense every day. Talk to and meet the lawyer that will be going to Court for you; not the sales representative, paralegal, secretary or another lawyer in the office that does sales.

 If the lawyer you are going to hire does not have time for you before you pay him, he will certainly not have time for you after you hire him.

 Do not be afraid to ask the lawyer questions about your case, your specific facts and any concerns you have. If the lawyer does not answer you or otherwise tries to avoid your questions, talk to another lawyer. There are many out there.

 The best way to find a good lawyer is to get a referral from someone you know. Many criminal defense clients are not comfortable talking about their problems with people they know. GET OVER THIS. Talk to people around you and ask if they have used a lawyer before. Did the lawyer do a good job? Were they happy with the lawyer's services and fees?  What was the outcome of their case?  Was the lawyer attentive and available?  Did the lawyer get back to them in a reasonable amount of time after they called?

 Bottom Line:  Take your time, research and speak to friends and family members, and meet the lawyer in person to make sure you believe they are a person capable of handling your case.

Miranda Warning

Chief Justice Earl Warren wrote the Miranda warning, which criminal suspects have been read since the U.S. Supreme Court mandated it in 1966. Above: Justice Warren led the Supreme Court from 1953 to 1969.

If you have ever watched a crime drama on television, you have probably seen the officer advise the suspect of his or her Miranda Rights. This warning is read after an arrest has been made and before police questioning is conducted.

The Miranda Warning says:

"You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak with me?"

What does this mean?

·       You have the right to remain silent.

·       If you do say anything, what you say can be used against you in a court of law.

·       You have the right to consult with a lawyer and have that lawyer present during any questioning.

·       If you cannot afford a lawyer, one will be appointed for you if you so desire.

·       If you choose to talk to the police officer, you have the right to stop the interview at any time. (This part of the warning is usually omitted from the screenplay.)

Many people believe that if they are arrested and not "read their rights," they can escape punishment. Not true. Generally, if the police fail to read a suspect his or her Miranda rights, the prosecutor can't use anything the suspect says as evidence against the suspect at trial.  There are some exceptions to this protection, which is why your best bet is to remain SILENT when questioned by police.

Consequences of Failure to Provide Miranda Warning:

Without a Miranda warning, nothing a person says in response to a custodial questioning can be used as evidence against the person at his or her trial. In addition, under the "fruit of the poisonous tree" rule, if the police find evidence as a result of an interrogation that violates the Miranda rule, that evidence is also inadmissible at trial.

Example:

If a suspect tells the police where a weapon is hidden and it turns out that the suspect provided this information in response to improper questioning, the police will not be able to use the weapon as evidence -- unless the police can prove that they would have found the weapon without the suspect's statements.

Bottom Line:  Even though you have some protections under Miranda:  You should never speak to the police without an attorney present!!!

When and How to Invoke Your Right to Silence

 

 

You have the right to remain silent…USE IT!

 

You decided to leave your house for a late night drive, the next thing you know, you look in the rearview mirror and you see flashing police lights. The officer walks up to you're vehicle, takes one look and tells you to step out of the car, your placed in handcuffs. The officer puts you into the back of the car and drives you to the police station. The officer tells you that you match the description of someone who robbed the house in the area of which you are driving. A detective comes up and takes you to a back room of a police station, puts a recorder on the table and says “Let’s hear your side of the story.” 

What do you do now?

Your freedom, your reputation, and your life depend on what you say in this moment.

 The next words out of your mouth should be “I wish to speak to my attorney.”

The right to silence is designed to protect the innocent. The police can and will stretch the truth and make promises to you that are not true.  For instance, they say you can get a lower bail amount if you co-operate. They may say your best friend is in the next room singing like a canary. They may even threaten your life. It is their job to get as much information out of you as possible.  Don’t give in to their pressure and please exercise your right to remain silent!

You should always exercise your right to silence until you have obtained proper legal advice, even if you believe you are guilty and especially if you believe you are not guilty.