Michigan Domestic Violence Attorney: How Delay Ruins Your Defense

Michigan Domestic Violence Defense Attorney Brian J. Prain Explains Exactly Why You Should Act Fast.

As a  Michigan Domestic Violence Attorney who focuses on defending those facing Michigan Domestic Violence Charges (also called Domestic Assault), I have seen how these cases play out from start to finish time and again.  At first, everything was fine until an argument got out of hand.  Someone called the Police hoping to embarrass you and get you kicked-out of the house for the night.  A Domestic Violence charge never entered the picture.  The next thing you (and your alleged "victim") know, you've already spent a night or even a weekend in Jail and now a Judge or Magistrate is talking to you over a TV screen, telling you you're charged with Domestic Violence, that you face up to over 3 months in the County Jail (or 1 year or Prison if Aggravated Domestic Violence or Felony Domestic Violence), and that you cannot have ANY contact with your alleged victim (a No Contact Bond condition).  On top of everything else, now you're thinking about where you'er going to live.  A Michigan Domestic Violence Attorney could help...

The Judge or Magistrate asks if you are going to hire your own lawyer, or whether you want to be given a Court-Appointed Lawyer.  Shocked by the thought of facing a Misdemeanor or Felony Michigan Domestic Violence charge and needing a lawyer, you don't know how to answer.  You are given a Court-Appointed Lawyer and finally released, perhaps after paying some Bond money as well.  Anxiously awaiting the day when this DV case will be over so you can return home to your normal life, you find yourself online searching terms like: "Michigan Domestic Violence Charge," "will I go to Jail for Domestic Violence in Michigan," and "Michigan Domestic Violence Attorney."  This is the dilemma of someone facing a Michigan Domestic Violence charge.  Believe me, you are not alone.  Before your DV charge goes too far, let me share a priceless piece of advice . . .

Many people facing Domestic Violence charges call and tell me that they are unsatisfied with their Court-Appointed Lawyer.  Don't get me wrong, I have the utmost respect for Court-Appointed Lawyers and the service they provide for cheap; I am simply stating a fact.  I get complaints ranging from "he doesn't return my calls," "he's forcing me to take this Plea deal I don't want," and "my Domestic Violence Pretrial (or Bench Trial) is this Friday and she hasn't even gotten the Police Report" to "my Court-Appointed Lawyer is working for them, not me."  The particular complaint doesn't matter - the point is that many people get to an advanced stage of fighting their Domestic Violence charge before they decide they need to switch to a private Michigan Domestic Violence Attorney.

Well, I'm not going to tell you that it's too late to do anything for your Domestic Violence defense; it's never too late to do something to improve your position, even if your Domestic Violence sentencing has already occurred.  But what I will tell you is that the earlier you hire your own Michigan Domestic Violence Attorney to work closely with you to custom-tailor your defense from the beginning, the better your chances are of: staying out of Jail, getting a No Contact Bond condition removed (these can last for YEARS), getting a favorable Plea Deal or Dismissal of the Domestic Violence charge, or getting a NOT GUILTY verdict at Trial.

Consider this: you call us at The Law Office of Brian J. Prain, PLLC on or about your 2nd or 3rd Court date, which is either a Pretrial, Final Pretrial (or Preliminary Exam if you're charged with a Domestic Violence Felony).  Let's just imagine the Court-Appointed lawyer hasn't returned your calls, hasn't chased down the Police Report or shared it with you, and has suggested that you should plead Guilty or No Contest.  You decide to hire your own Michigan Domestic Violence Attorney.  The Pretrial Conference, where your fate will largely be decided, is in just 10 days.

The Judge's clerk says before your new attorney can take-over she'll need a Stipulation and Order to Substitute Counsel, a document signed by your new Domestic Violence Attorney, your former Court-Appointed Lawyer, and the Judge herself, followed by an Appearance from your new attorney.  Your new attorney calls the Court-Appointed Lawyer and leaves a message asking for the document to be signed (followed by an e-mail and a fax).  Your Court-Appointed Lawyer is busy, and doesn't return the call for another 3 days - only 7 days left.  Irritated about "losing" another Domestic Violence case to a hired attorney, the Court-Appointed Lawyer reluctantly agrees to sign, but it takes him another day to get the papers sent back to your new Domestic Violence Attorney.  It takes the Judge another 2 days to sign it and make it official - 4 days left.  The Court-Appointed Lawyer promises to get the Police Reports, photos, and Statements to your new Michigan Domestic Violence Attorney, but he takes his sweet time - another 2 days . . .

So... now there is only 2 days left, Police Reports are still missing, witnesses to be identified and interviewed, etc., and the Judge is not granting any adjournments this time.  In reality, we get hired last-minute often, and know how to get around many of these problems, but you get the point.  Don't wait until the last minute!  Don't let this be the story of your fight against a Domestic Violence charge.

At The Law Office of Brian J. Prain, PLLC, your Michigan Domestic Violence Attorney, we understand that a Michigan Domestic Violence charge is serious business.  If you're still reading, call us NOW at (248) 731-4543 - any day, any time. The face-to-face meeting is free of charge, but a better word would be "priceless." Right from the very start, we'll interview witnesses, prepare to have the No Contact Bond condition removed, obtain Police Reports, Statements, photos, videos, and other evidence, and custom-tailor a defense strategy for no one other than you.  Your Michigan Domestic Violence charge isn't going anywhere.  What are you waiting for?

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