How Much Does It Cost To Hire a Criminal Defense Attorney?

How Much Does It Cost To Hire a Criminal Defense Attorney?

Don’t do the crime – if you can’t pay the price.

Average Flat Fees.

Some criminal defense attorneys charge a flat fee for certain types of cases, instead of billing by the hour. This may or may not include filing fees, motions, fees, etc.

Flat fees include:

  • DUI/DWI – $1500-$5000+
  • Misdemeanors – $1500-$3000+
  • Misdemeanor drug possession – $1500-$3000+
  • Assault – $2000-$7500+
  • Theft/larceny – $2000-$5000+
  • Probation violation – $1000-$2500+
  • Felonies – $2500-$15,000+

For serious felonies most attorneys will bill hourly plus fees. Complex federal cases will also usually be billed hourly.

Trial, Appeals and Higher Court cases usually get billed hourly plus fees.

Remember – When You Get Arrested

Don’t become an uncompensated YOU TUBE star.

Stay Calm and Cooperate

Remember:

Always show courtesy by keeping a composed and respectful attitude when interacting with the officer.

Stay silent:

You have the right to remain silent and are not obligated to provide any information beyond essential identification details. You must assert that right by stating I do not wish to discuss anything with you (the officer) besides hello and goodbye.

Contact a lawyer:

As soon as you are pulled over, it is crucial to contact a DUI attorney without delay after your arrest.  Do not discuss anything with anyone especially on the phone in jail or the police station.  Simply say – Mom – I need a DUI attorney and have her call our office (248) 357-2550

Do not:

Do not admit guilt:

Avoid making any remarks that may be construed as an admission of guilt.

Do not argue with the officer:

Avoid arguing or becoming confrontational with the police.

Provide unnecessary information:

Only answer basic questions required by law.

Do not run and become a You Tube video:

Always pull over safely when signaled by an officer.

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

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What do you do when you are pulled over for suspected DUI?

If you are pulled over for suspected drunk driving you are probably going to be arrested. The less you say – the better off you are in the long run. 

If you find yourself being pulled over for suspected DUI, ensure you pull over safely to the roadside, maintain a courteous and respectful demeanor with the officer, present your driver’s license and registration when requested.

You can tactfully decline any field sobriety or chemical tests such as a breathalyzer, while clearly expressing your desire to consult with a lawyer.

DO NOT make any incriminating statements about what you drank, if you drank or anything else beyond basic identifying information. 

The police are going to threaten you and berate you but you are probably going to fill their quota that evening whether you consumed 1 drink or 400 drinks.

Remember

Stay Calm and Cooperate

RULE #1 – Remember – You are always on camera everywhere.  That footage is public domain and can be obtained under FOIA request.  From there you become an uncompensated You Tube star for your family, friends, neighbors, associates and the world.

Stay calm:

Always show courtesy by keeping a composed and respectful attitude when interacting with the officer.  DO NOT give them any reason to add charges to your case.

Stay silent:

You have the right to remain silent and are not obligated to provide any information beyond essential identification details. You must assert that right by stating you do not wish to discuss anything (with the officer) besides hello and goodbye.

Refuse field sobriety tests:

You have the legal right to decline participation in field sobriety tests such as the walk-and-turn or one-leg stand.

This will possibly lead to an immediate arrest even though declining is not an admission of guilt.

On the ride in – Decide if you are going to decline chemical tests:

Once in handcuffs – you are owned by the State of Michigan. On the ride to the station remain calm and say nothing.  Every move that is made from then on is to make their job easier and to get you to admit to something. Politely say “I would love to sit and chat with you but not under these circumstances.”

Answer all questions with short yes or no answers. Take the tests if you decide to.

 If you decide not to take it:

Make a respectful refusal to the breathalyzer or blood test and express your desire to consult with a lawyer first. They usually will get a warrent for a blood draw.

Note: if you do decline the breathalyzer or chemical test after you are arrested this could lead to an automatic suspension of your license.  So you have a choice to make at that point.

Contact a lawyer:

As soon as you are pulled over, it is crucial to contact a DUI attorney without delay after your arrest.  DO NOT discuss anything with anyone especially on the phone in jail or the police station.  Simply call our office when you get home. (248) 357-2550.

 

Don’t forget RULE #1

Do not:

Do not admit guilt:

Avoid making any remarks that may be construed as an admission of guilt.

Do not argue with the officer:

Avoid arguing or becoming confrontational with the police.

Do not Provide unnecessary information:

Only answer basic questions required by law.

Do not run (Remember Rule #1):

Always pull over safely when signaled by an officer.

Note:

Consequences of refusal:

Refusing a chemical test may result in automatic license suspension in some jurisdictions.

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

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Michigan DUI Laws and Consequences – First Offense

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First Offense DUI in Michigan: Laws and Consequences

Facing a first offense DUI in Michigan can be daunting as the implications are significant and the legal landscape is complex.

Understanding the laws surrounding Operating While Intoxicated is essential, as these regulations are designed not only to penalize impaired driving but also to prioritize the safety of all road users.

It is vital to be aware of the potential consequences you may encounter and to explore the various defense strategies available to navigate this challenging situation effectively.

Legal Limits

In Michigan, adults aged 21 and older must be aware that the legal limit for blood alcohol concentration is set at 0.08%, meaning that driving with a BAC at or above this level is deemed unlawful and can result in a DUI charge.

For drivers under 21, any BAC above 0.00% is grounds for a DUI charge due to zero-tolerance laws.

First Offense DUI – Consequences

If convicted of a 1st offense DUI in Michigan, the consequences can include:

Criminal Penalties: This may involve fines, potential jail time (up to 93 days), community service, and mandatory participation in alcohol education programs.

Driver’s License Suspension: A 1st offense can lead to a license suspension for up to 180 days, with the possibility of restricted driving privileges after a period.

Ignition Interlock Device (IID): In some cases, the court may require installation of an IID on your vehicle. This device requires the driver to blow into a breathalyzer before starting the car and intermittently while driving to ensure sobriety.

Insurance Impact: A DUI conviction often results in significantly increased car insurance premiums or difficulty obtaining insurance coverage.

Criminal Record: A DUI conviction stays on your criminal record, potentially affecting employment opportunities and other aspects of your life.

Legal Resources

For more detailed information on Michigan’s DUI laws, you can refer to the Michigan Compiled Laws (MCL) directly.

Here are some links:

 

Legal Help

If you are charged with a 1st offense DUI in Michigan, it is crucial to obtain legal representation without delay. An experienced DUI attorney can offer valuable insights and strategies that may help lessen the penalties or even contest the charges against you.

Legal defense Attorney Michael Komorn is trained and certified in Field Sobriety Tests (FST), Horizontal Gaze Nystagmus and the infamous breathalyzer and has been representing clients charged with DUI and alleged crimes since 1993.

Call Komorn Law 248-357-2550 when you’re ready to challenge DUI or any alleged criminal charges.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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I got a DUI while driving my dad’s boat – Will they take it?

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I was out driving my dad’s boat on the lake and I got caught drinking. Can they take the boat away from my dad who was not with me?

Happy Father’s Day – Dad

No, in most cases, they likely won’t take your dad’s boat away for you getting a DUI while driving it.

They Could Tow it and impound it if there is no one sober there and that will cost you a bundle.

However, there could be some consequences for your dad depending on the specifics:

  • Repossession for fines: If the fines associated with your DUI are very high, the court could potentially order the boat to be sold to pay them off, but this is uncommon.
  • Insurance issues: A DUI could raise your dad’s boat insurance rates, or the company might even cancel the policy altogether. Without insurance, the boat couldn’t be legally operated.

The bigger issue here is you and the DUI. Boating under the influence (BUİ) is a serious offense in Michigan, similar to a DUI on land.

Here are some resources you might find helpful:

  • Information on Michigan BUIs: [Michigan boating under the influence ON Michigan.gov (.gov) michigan.gov]
  • Help and resources for DUIs: [National Highway Traffic Safety Administration (.gov) nhtsa.gov]

But here is the real resource you will need.
The phone number to my office.

Komorn Law 248-357-2550

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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An Independent Review of the Intoxilyzer 9000

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An Independent Review of the Intoxilyzer 9000

Part 1 – Residual mouth alcohol detection

Counterpoint Volume 2; Issue 2 – Article 3 (August 2017)

An article in the Core Skills III-2 Module

Jan Semenoff, BA, EMA
Forensic Criminalist

The opportunity to conduct an independent analysis and performance review of a new breath alcohol testing device is rare, particularly the higher-end, evidentiary-level units.

Access to these technologies is stringently controlled by both their manufacturers and the police and government agencies that control them.

Additionally, state agencies are often reluctant to publish the results of their official assessments and analysis of the devices.

When given the opportunity to perform such a review on a new Intoxilyzer 9000, I designed a series of experiments to quickly analyze the overall performance of the device.

I attended the device’s location with colleague Tom Workman (1948 – 2019) to determine its suitability and reliability in a number of key areas, including:

  • Overall design and ease of use
  • Accuracy in determining in vitro [2] BrAC levels using a simulator
  • The ability of the device to determine the presence of Fresh Mouth Alcohol using a Residual
  • Alcohol Detection System (RADS) or the so-called “slope detector”.
  • Reliability in reporting BrAC [3] readings that are highly specific to ethanol
  • The effect of Radio Frequency Interference on the device [4]​

​This article will provide a general overview of the operational characteristics of the Intoxilyzer 9000. We will additionally look at the apparent accuracy of the device using simulator readings, and examine the ability of the device to “flag” false positive reading caused by fresh mouth alcohol contamination.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Read the rest of Part One here

Parts two and three are in the drop down menu at the site but not easy to notice. The links are below if you have trouble.

Part Two and Part Three will examine the unit’s specificity towards ethanol detection and its ability to identify the presence of an interferent chemical, and the capacity of the device to detect Radio Frequency Interference.

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The Intoxilyzer 9000 (part 1)

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The Intoxilyzer 9000 (part 1 of 2)

Roll-Out

The Michigan State Police (MSP) initiated Intoxilyzer 9000 (Intoxilyzer) training for police officers statewide, commencing in 2023. In order to participate, officers were required to complete both preliminary breath test (PBT) operator certification and PBT calibration certification.

Then officers were required to complete a PowerPoint training before attending a two-hour hands-on training session in person with MSP.

In July 2023, MSP commenced the installation of the Intoxilyzer at each jail or police agency that possessed a DataMaster DMT (DataMaster) and replaced the existing machine. By mid-October 2023, the new device was expected to be installed in all areas of the state.

Technical Differences

The DataMaster utilizes a pair of filters to effectively differentiate ethanol (the sought-after consumable alcohol by the police) from other organic compounds.

The narrow bandpass optical filters, centered at 3.44 microns, are strategically designed to isolate the specific wavelengths of light absorbed by alcohol and effectively block out any other interfering wavelengths. These filters, placed in the optical path, ensure accurate measurement of the unknown substance by precisely filtering out unwanted light.

However, it is worth noting that methanol and acetone can also be absorbed at the 3.4 micron level, meaning that the device may potentially register acetone or methanol as ethanol. This issue becomes particularly critical for individuals with diabetes who are experiencing ketoacidosis, as they tend to have acetone present in their airways.

The Intoxilyzer has four filters, including one in the 9 micron level, where ethanol and acetone do not appear. This should mean the Intoxilyzer is better able to filter out acetone and methanol.

However, because CMI, Inc. (CMI), the company that sells the Intoxilyzer, will not sell an Intoxilyzer to any entity other than law enforcement, this principle cannot be tested.

The Intoxilyzer’s filters utilize pulsed infrared technology, effectively eliminating the need for chopper motors or mechanical filters in the analytical system. Instead, it employs a digitally controlled pulsed infrared source, eliminating the use of moving parts and thus enhancing the durability of the filter mechanism, ensuring long-lasting performance.

In addition, the DataMaster used a quartz internal standard to make sure the machine remained in calibration. Quartz is a stable material with a known absorption rate.

The DataMaster would move a thin quartz plate in front of the infrared beam and the machine would compare the absorption to the known absorption rate at its initial calibration. If it was within tolerance, the DataMaster would report, “internal standard verified.”

The Intoxilyzer has done away with the quartz internal standard in favor of an actual dry-gas test to verify that the machine remains in calibration.

While CMI touts the dry-gas test as a better internal standard, there are two issues that may make it not as good as a constant standard like the quartz plate.

First, the dry gas is supposed to be measured at 0.08, but the Intoxilyzer allows any result between 0.074 to 0.084 to verify the machine’s internal standard.

The target of 0.08, which is affected by changes in barometric pressure, is addressed by the dry-gas test through an automated adjustment process. This adjustment is made using an algorithm including a correction factor based on the barometer reading at the time of the test.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

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