35 Years as a Lawyer

35 years ago today, I was Motioned in by Ron Bretz to become a member of the Michigan State Bar. I came to law school in Lansing MI (Cooley) with one purpose. To leave as a criminal defense attorney. If ever asked, I have often said I am living the ultimate “hippy” dream. I get paid to hold the government accountable and to fight for the Constitution.

I have dedicated my entire career to indigent defense (along with also representing parents and children in abuse and neglect cases) and as an elected board member of the Criminal Defense Attorneys of MI for over 2 decades, I have had a direct hand in reformation of the indigent defense system. Our crown jewel contributing to the creation of and having critical oversight of the Michigan Indigent Defense Commission. Lawyers have resources as do our clients. Best regardless of charge, anyone accused of a crime has a lawyer at a bail hearing. As many will be enjoying a well earned time off for Memorial Day weekend, I will be at a courthouse (Sat) arraigning people countywide, who were arrested. I cannot not think of a better thing to do as we honor men and women who made the ultimate sacrifice to our Country.

It has been a gift of the Creator to have had 1000s of clients on my public defense docket, along with many who paid for my services. I have never distinguished delivery of defense between those assigned and those paying. All get zealous advocacy with a holistic approach. The latter being that we will, together, explore the underlying causes/contributions of the behavior and develop strategies to address them. My personal journey of recovery is implemented but not imposed. Each client I have served is a human regardless of what they have been charged with.

I am so grateful that I have been entrusted with the lives of many people. The reviews that have been posted on my law office pages are reflective of that trust.

I have been blessed to meet some of the best colleagues in the world. Some are now sitting on benches throughout this great state. My life is better because of these folks

These are trying times for lawyers. There is regrettable action afoot to undermine the Constitution and the Rule of Law-the cornerstones of our democracy. Each day, I do a self check and ask myself, do I still have the fight in me. Each day, a resounding yes.

Creator, thank you for these 35 years as an attorney . . .

The Lawyers Oath

Due Process Prevails: Case Dismissed After 911 Evidence Not Preserved

Today in a courtroom in Macomb County, the 5th Amendment right to due process of law prevailed. The issue was rather simple and frankly one we do not see as much in the modern era of technology. I filed a Motion to Dismiss a case on the grounds that 911 recordings were not preserve. The 911 recording would have shown that my client was the caller and the so called “victim” (I do not use that word, I use ‘complainant) was the aggressor. On the body camera, which remarkably was preserved, my client is seen telling the police that the complainant was the aggressor.

The prosecutor put the detective in charge on the stand. He agreed that preserving evidence was essential in cases and that 911 evidence is the type of evidence that must be preserved, He tried to flimsily state that the 911 recordings are destroyed unless demanded after 90 days. I said flimsily because he was not the proper witness on evidence preservation and the policies of the Macomb County Sheriff Dept on the topic. So the judge struck that line of testimony My judge was a former defense attorney and knows that evidence flows in at different times. I made sure to argue in closing that preservation of evidence does not have some magical timeline that relieves the government of its burden to preserve evidence.

The Judge was seriously troubled that the evidence, which the prosecution conceded was exculpatory, was not preserved. She agreed with my analysis that Federal Supreme Court law classifies that evidence as the type that must be preserved. She also agreed that it would be impossible for the jury to assess the credibility of the complainant without this evidence. That is one of the prongs necessary to grant a dismissal.

Bottom line the Constitution was alive and well in a Macomb County courtroom today.