Divorce

Divorce brings out the worst in people.  Stress, anger, jealousy, grief, fear and uncertainty all effect the judgment of individuals whose are making important and permanent decisions about the future of their family.  In times like this, it is important to have solid advice and counsel so that assets are protected and relationships are preserved.  Dart Drouillard has experience in a wide range of divorce related matters including:  child custody, child support, parenting time, spousal support or alimony, business appraisals or valuation, property division and other matters.  By stepping back from the emotions of the moment, Dart Drouillard is able to ask questions of prospective clients so that issues are spotted, likely outcomes are identified and a clear, goal oriented strategy is developed with the client's priorities emphasized.  Detailed, in office consultation is a valuable tool in maximizing the best possible outcome and finding a comfort level with an attorney.

Child Custody

Child custody is the most emotional aspect of divorce proceedings.  It is impossible to exaggerate the importance of child custody determinations to the future of your family.  Nothing is more stressful than the prospect of being separated from your children.  You can maximize the time spent with your children.

Criminal Defense

An arrest and prosecution, if not properly defended, can seriously affect the rest of your life.  If you have been arrested or are concerned that your are the subject of a criminal investigation, you need to contact Dart Drouillard immediately.

Drunk Driving
Michigan has cracked down on drunk drivers in recent years.  Changes in the law mean longer driver license suspension/revocations and jail sentences for repeat offenders.  The attorneys of Dart Drouillard are drunk driving specialists.  We often represent individuals charged with repeat offenses, felonies and misdemeanor charges.  Our clients need to stay out of jail and keep their driver licenses to save their jobs.  Over the years, Dart Drouillard has been tremendously successful at helping clients charged with drunk driving stay out of jail and keep their driver licenses.  We have convinced judges to suppress alcohol test results and juries to acquit our clients.  Moreover, we have never lost an appeal of a drunk driving case.  We will work hard and put our years of experience on your side to protect your job, freedom and driver license. 

Did you know?
Drunk driving is a crime.
I have spoken to many people who believe that drunk driving is a "traffic" offense.  The truth is that it is a crime, sometimes punishable by several years in prison.  Since it is a crime, you need a lawyer to analyze your case, consult with you and represent you in court.  Our attorneys have earned a reputation for being compassionate with clients, aggressive with police and prosecutors and well-respected by judges.  When you hire us, your case receives thorough analysis by competent attorneys.  Never go into court without the assistance of an attorney.

Did you know?
You have rights.
Most people assume that they are guilty and defenseless simply because they have been arrested and charged with drunk driving.  Nothing could be further from the truth.  Like any crime, the prosecutor has the burden to prove your guilt beyond a reasonable doubt.  The critical piece of evidence in a drunk driving case is the chemical test result (a/k/a "breathalyzer").  You have the right to challenge chemical test results in a drunk driving case.  Our attorneys have been successful in convincing judged to "throw out" these results because of police error. 

Sex Offenses

DID YOU KNOW?
It is always a good to call a lawyer before taking a polygraph examination.Please reference the discussion under “Criminal Law, It is always a good to call a lawyer before talking to police before arrest/charges are made “ as contained elsewhere in this site.

Very often criminal sexual conduct charges do not come from an arrest or a confrontation. These cases often lack any physical evidence, making confessions or admissions very important. Police frequently contact suspects by telephone or letter. Police do not have tell an individual that they are a suspect before questioning them even if they are suspects. It is allowable to contact individuals as part of an investigation without disclosing that they are suspects. Typically, these subjects do not have lawyers, and are unaware of their rights to remain silent. At this time, an individual would be within her rights to refuse answers to questions, and insist on access to lawyer. The police are educated in criminal law and procedure. They would know that all questioning must stop.  Often the police will request voluntary submission to a polygraph test as a means of “clearing the matter up.” Police often imply that if the test is passed, no charges will be brought. THIS IS OFTEN A TRAP!

This approach is often characterized by police as “courtesy” or “politeness.” In reality this approach is deceptive because it falsely provides the suspect with a sense of trust and comfort leading them to talk to police when they have no obligation to do so. The real aim of this tactic is to deprive an individual of rights so that they incriminate themselves with admissible evidence at trial.

Typically, an individual will be required to waive the right to remain silent in order to receive this test. An individual will also waive the right to have a lawyer present, and will have to agree to have everything they say admitted against them at trial. Invariably, even if they pass, the police always tell them that they have failed and start interrogating them, all of which would be impermissible if they insisted on remaining silent. This is far more common than you might think.

It would have been advisable to call a lawyer immediately upon the first contact with police. Dart Drouillard would have faxed and mailed a letter to the investigating officer prohibiting all questions. A written record would therefore exist that you had invoked your rights to a lawyer and to remain silent This would eliminate any police testimony that you had either failed to assert these rights or voluntarily waived them.

The terms of this letter would have offered a voluntary surrender if any charges were filed. The court would therefore be aware that you did not intend to flee or avoid charges, which would help in receiving bail.

WHY IS THIS IMPORTANT?

The police would be required to make their case against based on any evidence they had. They would not be able to use your own words against you. Obtaining a confession allows the police to stop the investigation. Admission of this evidence is hard to overcome, and often forces guilty pleas in cases where NO OTHER EVIDENCE EXISTS! Police often try very hard to gain confessions or admissions because they have no case. On numerous occasions the timely assertion of the right to remain silent has resulted in no charges being filed. If you find yourself being investigated for a crime you did not commit, call Dart Drouillard BEFORE you speak to police.

DID YOU KNOW?

Young children frequently make false allegations of sex abuse

Child sex abuse is a heinous crime which provokes a strong emotional response from any reasonable citizen. In some cases, the physical evidence of sex abuse is overwhelming to the point where it is obvious that a terrible crime has been committed. These cases are more rare than you might think.

The typical case of child sex abuse relies on allegations completely devoid of physical evidence. Because of this emotional response reason and logic often go out the window and allegations which make no sense are accepted as fact. No other area of criminal law has destroyed as many innocent lives as the improper prosecution of child sex abuse. As you sit here reading this paragraph, be assured that dozens of innocent citizens are presently incarcerated in this country for child sex crimes they did not commit.

Inevitably, the question arises: Are we supposed to believe that a young child makes up lies about sex abuse. The answer is no. Not in the manner an adult tells a knowing intentional falsehood in order to gain an advantage or a benefit he or she is not otherwise entitled to receive. Clearly, this is a delicate subject, but the truth is that young children are susceptible to memory contamination and suggestion which can be brought on by improper questioning techniques and faulty investigatory tools.

Don’t take our word for it. This is not just the opinion of Dart Drouillard. A host of psychological research proves that this is true. Specifically, research shows that children who are repeatedly questioned will get the message that the questioner wants them to acknowledge abuse. Compliance is abed on the child’s desire to please the examiner. Children are used to pleasing adults to such a high degree that they constantly adjust responses to appease the questioner. This is a classic of false memory creation. The Governor’s Force on Children’s Justice issued a set of guidelines to be implemented by each county for the proper non-suggestive techniques to be used on children who are interviewed. This task force is comprised of Judges, prosecutors and other officials, all of whom expressly acknowledge the danger of memory contamination.

Exposing inaccurate testimony is a delicate task requiring expert testimony. If you find yourself being investigated for a child sex crime you did not commit, call Dart Drouillard BEFORE you speak to police.

Drug Offenses
It is illegal to have on your person controlled substances (ie, "drugs") without a prescription.  Thus, the vast majority of drug offenses are possession crimes.  In all cases, the police have some physical evidence such as drugs or paraphernalia.  The key to properly and effectively defending drug offenses usually involves challenging the way that police obtained the evidence.  The Fourth Amendment of the Constitution guarantees our right to be free from unreasonable search and seizure.  Dart Drouillard has successfully challenged police searches and seizures over the years.  We work hard for our clients to ensure that the police and prosecution meet their burden to justify a search.  When a police error is made- more frequently than most people realize- we are able to challenge the search and ask the Judge to suppress or throw out evidence of the drugs.  

Misdemeanors and Felonies
Misdemeanors are less serious crimes than felonies, but crimes nonetheless.  Anyone charged with a crime should have the professional services of a retained, not appointed, criminal attorney.  Misdemeanors are crimes in which the maximum penalty is one year in jail.  Felonies involve prison terms above one year.  Middemeanors are handled in district court whereas felonies usually end up in circuit court.  The single most important difference between the two classes of crimes is the effect on employment opportunity.  Misdemeanors will not usually prevent a person from obtaining a job, even in a licensed profession.  However, a person convicted of a felony will almost always be prevented from obtaining professional employment which involves a background check.  For over 15 years, the attorneys of Dart Drouillard PC have been extremely successful  in obtaining plea agreements in which felony charges are dismissed.

Trials and Appeals
Few cases ever go to trial.  Most cases settle or a plea bargain is reached to avoid the uncertainty that a trial brings.  However, that does not mean that you should not be represent by experienced trial law firms such as Dart Drouillard.  We have a proven track record of obtaining successful outcomes at trial.  Preparation is the key.  Our attorneys work hard so that your case is strong and convincing.  Our experience will bring you the confidence and peace that is needed to survive the stress of litigation.  Even fewer cases are appealled.  Nonetheless, Dart Drouillard has experienced success of its clients in appeals to Circuit Court, the Michigan Court of Appeal and the Michigan Supreme Court. 

State and Federal Courts
Few firms in Michigan have the breadth of experience handling cases in as many counties across Michigan as Dart Drouillard.  From Hillsdale to Cheboygan, our firm has helped numerous clients with a variety of legal matters accross the state.  Our attorneys are licensed to practice in Federal Court and have substantial federal litigation experience; particularly with internet and child pornography cases.  We can also assist you with out-of-state legal matters.

Immigration Law
Immigration law is a highly specialized field of legal expertise.  Dart Drouillard has vast experience in this field, including:  B-1 visitor visas; TN treaty NAFTA, H-1B specialty occupation and L-1A/B intra-company transferee work visas; family-based and work-based permanent residence petitions; marriage-based and K-1 fiancee green card/ permanent residence petitions; waivers of inadmissibility; removal proceedings and cancellation of removal applications; naturalizations and citizenship applications; citizenship denials and appeals and; deferred inspection/airport emergencies.

Personal Injury

Dart Drouillard has recovered millions of dollars on behalf of its injured clients.  As multi-million dollar winners, we are experts in recovering money damages for clients injured in auto accidents, wrongful death cases, motorcycle accidents and medical malpractice.  As with any personal injury case, there is no fee unless you win!  If appropriate, we will have a doctor review your case at no cost to you.  Please call us for a free, no-obligation consultation.