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Arrested for a DUI in Michigan - Hire an Attorney or Wait for Charges?

By Jonathan A. Paul posted 09-28-2017 16:45

  
When arrested for a drunk driving case in Michigan, it's not uncommon to be released without actually being charged with a crime.  The police must have the prosecutor review the case prior to charges being issued, and the officer must swear to an arrest warrant with the judge.  

If your case involves a blood draw, that sample may take weeks or months to best tested by the MSP lab, which will delay charges.  

This means that you're released and told the court will contact you when you're charged.  I would strongly advise any potential client to NOT follow that course of action, because the court is not going to be on top of it, and it's likely that an arrest warrant is put into place without your knowledge.  You are then subject to arrest while driving, at home or at work. 

You will also give the false impression to the prosecutor and judge that you're on the loose and avoiding court when the truth is that you're not even aware about the charges.  Your chances of having a favorable bond go down if you're no where to be found and have to be brought in with handcuffs on.  I've seen this too many times to be comfortable relying on the court.  

I would advise any client who has been arrested for a DUI and a released to contact an attorney about the case.  That attorney can file their appearance with the court, prosecutor and police and request to waive any warrants and most arraignment dates.  You are no longer relying on the clerks at the court tell you about your charges.  Your attorney can handle that and simply arrange a court date.  

The other major benefit of working with an attorney on day one is the ability to impact your case in a proactive manner, which allows you to begin to change the perception of your case from day one, and be "productive" while awaiting the charges.

ICLE Contributor 
Jonathan Paul practices in the area of criminal defense, focusing on drunk driving offenses. He has authored the "Michigan DUI Playbook: Defenses, Techniques and Strategies" along with two other books on criminal defense. Before entering private practice, Mr. Paul worked as an assistant district attorney in New York City and as an Oakland County assistant prosecutor. He earned his law degree from the University of Michigan Law School. Mr. Paul has been selected by Super Lawyers as a top-rated DUI-DWI attorney in Michigan from 2013 through 2017.

www.duiplaybook.com 
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