Detroit Criminal Defense and Drunk Driving DUI Attorney
Serving Detroit, Metro Detroit and Southeastern Michigan
Call Today (248) 705-3742

Contact us at The Law Office of James G. Schmier, PLLC


Success Stories

Tim G.- Avoiding the Long Ride

Tim gave me a call from Texas where he had been living the last few years. It seemed, that Tim had a child in Michigan and had failed to pay child support. At present the State of Michigan had a warrant for his arrest, had made it impossible for him to renew his driver’s license in Texas, and was scared to death that he would be arrested and transported back in handcuffs, siting in the back of the van which crosses the country picking up fathers who didn’t, but often, are unable to fully pay child their support.

I called the Attorney General’s Office and spoke to the agent in charge. After the agent agreed not to pick Tim up and bring him to Michigan, I spoke with the Assistant AG assigned to Tim’s case. We cut a deal, Tim would file a Change of Circumstance motion to accurately reflect his earnings and his child support payments, the warrant would be withdrawn and the charges dismissed, Tim had to pay $10,000, and Tim would have to start making payments regardless of how much; a sign of good faith.

Within a week after calling, Tim was able to get his license renewed, the felony case against him was dismissed, and he was able to leave his house without fearing that he might be arrested. In addition, Tim was able to reduce his child support payment under the Michigan formula and is staying current.

JOHN G., NEEDED HIS LICENSE BACK

John had appeared before the driver's license appeal board twice in order to get his license back and both times, he was denied. His license had been revoked after his 2nd DUI conviction and without a license, life for John was next to impossible. When he called our office, he was ready to submit his application for a third hearing and wanted our help but after talking with John we refused to take his case.

Getting a revoked license restored is one of the hardest things to accomplish, so unless we are certain of success we won't take the case. Instead we will advise you to do certain things and then call us back when you have completed them. In John's case, we insisted he start attending AA at least three times a week. We told him to get a sponsor and learn the twelve steps so when asked, he could recite them without hesitation. We suggested he develop relationships with other AA members who could testify on his behalf and write letters of reference attesting to his abstinence. We told him that he should call us back in six months after he had done these things and then we would consider taking his case.

Six months later, John called back. He had been going to AA, he had a sponsor, he knew the twelve steps and could relate them to his own situation, he had developed relationships other AA members and was even a sponsor himself. He was also doing community service and became involved in several community based organizations. In short he took our advice and we took his case.

We then helped John fill out his application for the appeal. We made sure there were no inconsistencies with his other appeal applications. We reviewed the results of his alcohol and drug assessment and looked over the letters of reference he was going to submit. When we were sure that everything was in order, we submitted his application and went to the hearing with him.

At the hearing, we grilled John. He had already shown after his first DUI conviction that he would drink and drive again, so we had to convince the hearing officer that this would not be repeated . We made him recite the twelve steps and tell how he used each step to insure his sobriety. We asked why the hearing officer should believe him now when he had failed in the past to remain sober. In short, we hammered John.

Three weeks later, a letter from the Appeals Board arrived. John's privilege to drive was restored.

LAUREN, TRYING TO GET HER CONVICTION EXPUNGED

Lauren called our office looking to get her conviction for possession of drug paraphernalia expunged. She had just graduated from a trade school and when applying for jobs, the conviction kept showing up. Unfortunately her conviction was only four months old and in Michigan you must wait five years with no other crimes before you can expunge a criminal record. After listening to Lauren's story, however, our office figured out a way to get the results that Lauren wanted.

Lauren was in a car driven by her now ex-boyfriend. A police officer pulled the car over and the boyfriend, who was carrying a dime bag of marijuana, put it in Lauren's purse which the officer saw when he was asking the boyfriend for his license, registration, and proof of insurance. Lauren was charged with possession. She appeared in front of a magistrate when arraigned and without representation agreed to plead guilty to possession of drug paraphernalia, a lesser charge. What she did not know was the possession of drug paraphernalia was a local ordinance violation, still a misdemeanor but had she pleaded guilty to the original charge, possession of marijuana (a state law violation) she would have been eligible for 7411 status as a first time offender. So where the conviction for possession of drug paraphernalia would be on her record for five years, a plea under 7411 would have meant that a conviction for possession of marijuana would not be entered on her record. And after one year, without another offense, the charge would be dismissed.

Filing a motion, we asked the court to allow Lauren to withdraw her plea. We also asked that she be allowed to plead guilty to the original offense, possession of marijuana and then be sentenced under 7411. At the hearing on our motion, both the prosecutor and the judge agreed. The original plea was set aside, Lauren pleaded guilty to possession which will not be recorded on her record, was sentenced to probation under 7411, and if she stays out of trouble for one year, the possession charge will be dismissed.

What this means to Lauren is that guilty plea will not be entered and she can honestly say that she has never been convicted of a crime. And when a prospective employer conducts a background check, the offense will not show up. Plus twelve months from now, it will be dismissed.

MARCEL O: CHARGED WITH ARMED ROBBERY, A LIFETIME IN PRISON OFFENSE

Marcel had been severely injured in a work related accident several years ago and suffered constant pain from a broken back. Without health insurance, he visited a doctor each month and after paying the doctor $100 in cash, he received a prescription for oxycontin, a highly addictive drug used for severe pain relief. The problem was that the doctor prescribed 180 pills per month, never examined Marcel, and did not follow recommended procedures so he would not become addicted. Probably not the best treatment for a drug as additive as heroin.

A few months ago, Marcel ran out of pills and his disability check was late. Racked with pain and suffering heroin like withdrawal symptoms, Marcel called the doctor and asked for enough pills to last until his check arrived and he could pay her. She refused. With that, Marcel grabbed a kitchen knife and robbed the nearest pharmacy. He did not ask for money but only for oxycontin. An hour later, Marcel was arrested in his home and charged with armed robbery, an offense punishable with up to life in prison.

After we were called, we collected Marcel's medical records. We called the doctor's office and demanded that they give us copies of his medical records, what treatment they had done, and the amount of drugs that had been prescribed. We then made sure that Marcel stopped taking these drugs, insisted he get himself into a drug treatment program, and visited the head prosecutor and assistant prosecutor assigned to the case.

Through our efforts, the prosecutor reduced the charges to unarmed robbery. Marcel was sentenced to three years probation, room was found for him at a residential drug treatment center, he will be able to obtain medical treatment provided by the county, and best of all, he will be eligible to expunge his record and say that he has never been convicted of a crime, something he could not have done if convicted of the original charge.

Getting caught and calling our office may have been the best thing Marcel has ever done. He is well on his way to controlling his pain without highly addictive drugs and he is getting the medical treatment he needs. In this case, the doctor should have been the one who faced going to prison and we are now undertaking efforts to make that happen. Not only did we want to help Marcel but we want make sure there are no other Marcel's in this doctor's future.

TOM R: 142 MPH IN A 70 MPH ZONE

Tom R was clocked going 142 MPH on I-75 between Crooks and Square Lake in July. It was a beautiful summer night and Tom just wanted to see what the Ninja would do. What he learned was what the Troy Police do when someone is clocked doing 60 MPH over the speed limit; he was issued a ticket. Tom sought out our services knowing he was facing several points on his record, possible revocation of his driver's license and a certain increase in his insurance rates.

After talking to the Prosecutor and the Police Officer who issued the ticket, we were able to get the ticket reduced to 10 miles over on a limited access highway. For Tom, this meant only 1 point, fines that were much less than would have been imposed on the original ticket, and insurance rates that would not go through the roof.

Needless to say, Tom was happy with the result.

MATHEW PUNCHING HIS GIRLFRIEND IN THE NOSE

Mathew's mother was beside herself. Her 17 year old son had been arrested the day before for punching his ex-girlfriend and was in jail waiting to be arraigned. Mathew's mom had no prior experience with the criminal justice system and sought help by contacting our office. Understanding the fear and sorrow of watching her son handcuffed and being arraigned in the District Court, we were able to allay these fears by explaining the various legal options available. We were also able to get Mathew released from jail on personal bond, keeping the financial impact of Mathew's arrest to a minimum.

Our office talked with the investigating detective, obtained letters of reference from Mathew's high school principal and employer, and advised Mathew to enter an anger management course before his next court appearance. We also spoke with the victim and her parents and then successfully negotiated with the Prosecutor to secure probation for Mathew with the understanding that when he fulfills the terms of probation, his record will be wiped clean.

ROBERT, CARRYING A CONCEALED WEAPON

Robert was sitting on a porch at an abandoned house in Detroit. Without warning an unmarked police car pulled over and three men jumped out. Not knowing that these guys were police officers, Robert took off running. Tripping over something, he was surrounded by these officers who claimed a gun found nearby, belonged to him.

Robert was charged with CCW, Carrying a Concealed Weapon, a felony punishable by up to five years in prison. After Robert contacted our office, we explained his options; he could go to court and challenge the evidence as "forbidden fruits of an illegal seizure" and move to suppress any evidence found, we could go to trial or we could negotiate with the prosecutor to reduce the charges, receive probation and lessen the impact on Robert's record. In addition, his legal fees would be kept to a minimum because we were able to keep this case in the District Court rather than having him bound over to Circuit Court.
After careful consideration, Robert decided to plead guilty to a lesser charge. He was sentenced to one year probation and released from jail. And, under Michigan Law, he will be eligible to have his record expunged and honestly say the his record is clean

SAM, MINOR IN POSSESSION

Sam was 17 years and attending a party that according to her "got out of hand". Someone, probably a neighbor, called the police, who when they arrived, questioned Sam. The officer asked her to submit to a breath test required if there is a reasonable belief that Sam had consumed alcohol. According to the police report, Sam smelled like alcohol, slurred her speech and had trouble standing up. This reasonable belief was confirmed when Sam's BAC was .20, two and a half time the legal limit even for drunk driving and 10 times over the limit for being a minor in possession.

We advised Sam of her various options including going to trial, challenging the results of the PBT, or trying to negotiate a deal with the prosecutor that the judge would accept. Sam considered these options and decided to let our office negotiate the best deal we could. Even though Sam had broken a window where the party was going on, had taken a swing at another party-goer plus had a prior conviction for domestic violence, we negotiated with the prosecutor who agreed to charge Sam as a first time offender.

Appearing before the judge, Sam was sentenced to probation and alcohol counseling. Furthermore, the judge agreed to defer sentencing and take the case under advisement, meaning that once Sam fulfills the terms of her probation, her guilty plea will not be entered and the offense will not appear on her record. We were also able to accomplish this with only one appearance before the judge keeping Sam's legal expenses to a minimum. If you are charged with MIP, it probably is not the best time to go it alone but hire experienced and competent representation to protect your rights and stand up for your interests.

RICHARD, DUI 2nd OFFENSE

Richard was stopped for rolling though a stop sign and when the Officer questioned Richard, he reported he smelled intoxicants. In Michigan, that's enough to give the officer a reasonable suspicion that Richard was driving under the influence and it's enough to make Richard perform field sobriety tests (FST's). Although the officer wrote in his report that Richard passed these FST's, he still asked Richard to submit to a preliminary breath test (PBT). After four tries, a sample tested positive returning a blood alcohol level (BAC) of .14. In Michigan, you are considered under the influence if you have BAC of .08. Richard was arrested and charged. Because this was his second alcohol related driving offense, Richard faced loss of his license for 1 year, stiff fines, and maybe even jail time. Also at risk was his job, because if you can't drive, its hard to get to work.

When Richard called our office, we went to work. We looked at why the Officer stopped Richard and why he asked Richard to submit to a PBT. We then filed a motion with the Court to suppress the results of the PBT and a later Datamaster breath test. In our motion we questioned why, after passing the FST's, did the Officer order Richard to take the PBT. We also noted that the Officer did not report of any other factors why he thought Richard was driving drunk, such as slurred speech or glazed eyes. And we pointed out that this was an illegal search and seizure under both the US Constitution and the Michigan Constitution. You see, at the Law Office of James G. Schmier, PLLC we believe our clients are entitled to these protections and will work aggressively to make sure our clients receive them.

The Law Office of James G. Schmier, PLLC is a Criminal Defense, Drunk Driving DUI and Family Law and Divorce law firm and provides legal representation in Wayne County, Oakland County, Macomb County and throughout Michigan including these Michigan cities:

Macomb County

Armada
Centerline
Chesterfield Twp.
Clinton
Eastpointe
Fraser
Harrison
Lenox
Macomb
Memphis
Mt. Clemens
New Baltimore
New Haven
Richmond
Romeo
Roseville
St. Clair Shores
Sterling Heights
Shelby
Utica
Warren
Washington

St. Clair County

Port Huron
Capac
Saint Clair
Algonac
Keewahdin
Marine City
Emmett
Yale

Washtenaw County

Ann Arbor
Ypsilanti
Chelsea
Saline
Manchester
Milan
Dexter

Ingham County

Lansing
East Lansing
Williamston
Webberville
Stockbridge
Meridian Township
Danville

Oakland County

Auburn Hills
Addison Twp.
Berkley
Beverly Hills
Bingham Farms
Birmingham
Bloomfield
Bloomfield Hills
Brandon Twp.
Clarkston
Clawson
Commerce
Farmington
Farmington Hills
Ferndale
Franklin
Groveland
Hazel Park
Highland
Holly
Huntington Woods
Independence
Keego Harbor
Lake Angelus
Lake Orion
Lathrup Village
Lyon Twp.
Madison Heights
Milford
Novi
Novi Township
Oak Park
Oakland Township
Orchard Lake
Orion
Ortonville
Oxford
Pleasant Ridge
Pontiac
Rochester
Rochester Hills
Royal Oak
Southfield
South Lyon
Springfield
Sylvan Lake
Troy
Walled Lake
Waterford
West Bloomfield
White Lake
Wixom
Wolverine Lake

Wayne County

Allen Park
Belleville
Brownstown
Canton
Dearborn
Dearborn Heights
Detroit
Ecorse
Flat Rock
Garden City
Gibraltar
Grosse Isle
Grosse Pointe
Grosse Pointe Farms
Grosse Pointe Park
Grosse Pointe Woods
Hamtramck
Highland Park
Huron
Inkster
Lincoln Park
Livonia
Melvindale
Northville
Plymouth
Redford
River Rouge
Riverview
Rockwood
Romulus
Southgate
Sumpter
Taylor
Trenton
Van Buren
Wayne
Westland
Woodhaven
Wyandotte

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The Law Office of James G. Schmier, PLLC
Criminal Defense, Drunk Driving DUI Defense and Family Law Divorce Attorney
(248) 705 3742