Finding a Lawyer 101

Finding a lawyer is arguably one of the most daunting tasks imaginable if you don’t know what you’re looking for. Where do you even start when you’re in trouble and need a reliable, knowledgable lawyer fast? With today’s resources, it can honestly be as simple as finding the best product on Amazon.

When you want to find something specific, where is the first place you look for the best deal on the best item? Amazon. We search Amazon with two main requirements in mind: how many stars it is rated and how many reviews it has. We want the item that is at least four or more stars always. You are spending hard earned money and want the best for it. We also want that four star review to be back by the most reviews possible. Finding a lawyer can also be this easy.

There are many resources that exist to help individuals find a lawyer for any need. The most well known and used one is called Avvo.com. You can find a lawyer simply by typing in the practice area that you are looking for and your location. Instantly, the site generate pages of names of lawyers that could potentially help you. Be advised, not all lawyers are created equally. This is the point where you should use your prowess of Amazon buying tactics. Just like an Amazon listing, Avvo immediately displays a lawyer’s basic practice information, how many stars they are rated, and how many reviews they have. What is even more helpful, Avvo gives their own rating. For lawyers that have a high rating, Avvo is putting their own stamp of approval on that specific lawyer. Avvo also provides easy access to any and all client reviews. This is very important as reading actual reviews can help identify positives and negatives based on personal experience. If there are multiple reviews that highlight the same issue, i.e. poor communication, you can use this information to decide if that particular lawyer would be a good fit for you and your needs.

After your due diligence and research, the ultimate best way to get help in your situation is to call the lawyer you have decided on and set up an appointment for a consultation. Once your consultation is scheduled, gather any and all information that you think might be relevant to your case. Stay organized and put together any paperwork for your future lawyer to review, print out any relevant emails (if applicable), and bring a notepad that has your notes on it. Also use this notepad to take notes so you have a clear direction on where your case is going for future reference. You want to arrive prepared to make the best use of the time. It is typically a free consultation, but it typically 30 minutes to an hour for a lawyer to review your information and decide if it is a case that they can take on. Go into it organized, put together, and prepared to answer questions.

If you have no direction for finding a lawyer, the best resource to use is a search engine site specifically for lawyer searches, like Avvo.com. Use the search settings, your area, practice area, etc to find the appropriate list of results. Compare a few lawyers with good, multiple reviews and. a high rating. Once you have a final pick, contact that lawyer and set up a consultation. Head to your consultation prepared and knowledgeable about your situation. Be prepared to answer questions and be prepared to ask questions. Finding a good lawyer doesn’t have to be daunting and overwhelming. There are so many accessible resources to help start the process. Go into it with high hopes and a good outlook. Good luck!

“Making a Murderer” and the Presumption of Innocence

By now, most of you have heard or read about the hype surrounding the Netflix series
“Making a Murderer.”  If you haven’t sat down and watched the 10-episode series, you need to.  Today.

As a criminal defense attorney, many people have since asked me, “what do you think?” “is he guilty or innocent?”  I wish I knew those answers.  Instead, I am left with a more valuable lesson learned from this tragic, triumphant, sad, and real-life story: Our criminal justice system is not perfect, and sometimes it isn’t fair.

Steven Avery’s story goes beyond whether or not he is guilty or innocent of the alleged murder of Teresa Halbach.  Through his journey, we see how our society views people who are accused of crimes.  Our criminal justice system is premised on the principle that you are INNOCENT, unless you are proven guilty beyond a reasonable doubt.  Yet, our societal beliefs, with much help from the media, are generally that if you are accused of a crime you are more likely than not, guilty of that crime.

When you are seated as a juror in a criminal trial, the Judge will instruct you that you have to view the defendant innocent of the crimes until the state proves otherwise beyond a reasonable doubt.  Except, this goes against our “normal” reactions and assumptions of those who are accused of heinous crimes and are seated in a courtroom surrounded by a team of lawyers.  We can’t help but think, “if the police charged him with his crime, he must have done it,” or “if he was innocent, the state would have already dismissed the case against him by now,” or even worse, “he just looks guilty.”

These are daily struggles that I, and my clients, face everyday.  To literally go against the odds, and convince jurors to go against their “normal” views and to think the way the law tells them to.  To presume my clients innocent, unless they are proven guilty beyond a reasonable doubt.  The “Making a Murderer” series encompasses this ideal in a way that I hope will help improve our justice system.  I hope that people who watch the series will have a better understanding of how our justice system works, and how difficult it is to put the words of the media, and other ideas out of our heads, and evaluate a case based on the law.  Based on the most important principle in our justice system: The presumption of innocence.

As for Steve Avery and Brendan Dassey, I don’t know whether or not they killed Teresa Halbach.  But I do wholeheartedly believe that there were injustices committed during the investigations against them, and that they are entitled to new trials.  New trials far outside the reigns of Manitowoc County.  I also encourage viewers to see the bigger picture, and recognize the “tunnel vision” that is oftentimes created by law enforcement in seeking convictions, rather than the truth.  I hope that this series starts insightful discussions about our justice system and the importance of the presumption of innocence.

Second chance for offenders up to age 24!

A new bill recently passed that extended the age limitations of our state current Holmes Youthful Trainee Act (commonly referred to as HYTA or YTA).  Currently HYTA status may be granted to offenders who commit crimes between the age of 17 and their 21st birthday.  If eligible, HYTA allows a criminal case to become non-public, and eventually dismissed upon successful completion of a supervision period which could include probation, jail time, or both.

The new bill, that will go into effect on August 18, 2015, will expand the age limitations of HYTA, making offenders eligible up to their 24th birthday.  This will allow more young people the opportunity for a “second chance” to attempt to keep certain criminal convictions off their record. The goal is to help rehabilitate young offenders through supervision, and provide them the tools they need to make better decisions and deal with underlying issues that cause them to commit crimes. HYTA supervision periods can include impulse control classes, substance abuse treatment, community service, anger management classes, and even therapy.

If you have been charged with a crime, don’t go to court alone.  Contact Bommarito Law today for a free consultation, and to see if you may be eligible for special protections under the law such as HYTA.

New Expungment Laws–Clear Your Record!

In January 2015, Michigan enacted a new expungment statute that allows for less strict requirements for an offender to qualify for an expungment.  What does that mean for you? It means more people will likely be eligible to clear their record!!

Under the prior Michigan expungment laws, an offender would likely only qualify for an expungment only if they had one major conviction on their record, including convictions that were previously dismissed under some deferral programs.

Now, under the new law, a person can petition to set aside one felony conviction if he or she has been convicted of not more than one felony and not more than two misdemeanors. In addition, a person can petition to set aside one or two misdemeanors if he or she has been convicted of not more than two misdemeanors and no felonies.

The following convictions can never be expunged:

• A felony or attempt to commit a felony for which the maximum punishment is life imprisonment
• Child abuse in the second degree
• Production or possession of child pornography
• Second degree criminal sexual conduct
• Third degree criminal sexual conduct
• Assault with the intent to commit criminal sexual conduct
• Fourth degree criminal sexual conduct conviction after January 12, 2015
• A traffic offense, including operating a vehicle while intoxicated
• Felony conviction for domestic violence, if the person has a previous misdemeanor for domestic violence
• Human trafficking offenses
• Terrorism offense

A person may apply for an expungment five (5) years after imposition of the sentence, completion of probation, discharge from parole or completion of imprisonment, whichever is longer.

If you are ready to clean up your record, contact Bommarito Law today for a free eligibility screening!

Top 5 Tips to Get Off Probation Early

I receive many calls from clients asking when and how they can get off of probation early. There are many factors that will determine when and if you will be able to get off of probation early, however the following tips will help you plan for your best chances.

1.  Do not violate ANY terms of your probation.

If you have violated any terms of your probation you are probably not the best candidate to get off probation early. From the very beginning, follow your probation terms EXACTLY as the judge and your probation ordered. This will show the judge later that you can be compliant, follow rules, and are well suited to be unsupervised.

2.  Pay off all court fines and costs.

If your court fines, costs, restitution, or probation fees are not paid off in full, the judge will not let you off of probation. Check with your probation officer or the court to find out your balance. Keep all receipts to prove your payments.

3.  Don’t ask too early.

The general rule I tell my clients is the earliest time to file a request to get off probation should be after you completed at least 50% of your probation term. For example, if you were ordered to a 1-year probation, you should wait until at least the 6-month mark.

4.  Be prepared to answer questions from the judge.

At your hearing the judge will likely ask you questions about your probation term and your life. Be prepared to explain what you learned from being on probation and why you will never be in trouble again. Be prepared to tell the judge about the class or community service you completed, where you are employed or going to school. The judge will want to be reassured that you are rehabilitated and will not commit any future crimes if he lets you out early.

5.  Talk to an attorney.

Your best chances of getting of probation early is to talk to a criminal defense attorney and have them help you file a motion to terminate probation. An attorney should be familiar with your court and judge and can help prepare you for what the judge may do. The attorney will also file a formal motion on your behalf and include documents and evidence to help support your case. The attorney may also be able to speak with your probation agent and convince them to write a favorable report on your behalf.

Additional Information

Keep in mind that whether or not a judge will let you off probation early is completely up to the judge. Each court has different policies and procedures that they may follow. As previously stated, an attorney can help you through these obstacles. Give my office a call for a free consultation.  Good luck!