Jeffery Willis Trial

I am not sure why the Muskegon County Prosecutor wanted to try him on all issues at once. It would obviously prejudice him in the minds of the juries. They might think he is guilty one murder and not the other and convict of both because he is a "murderer." I am not personally involved the case, but I have a feeling that the case against him, especially against Jessica Herringa. They don't have a body and there is no real proof that she is dead.

http://woodtv.com/2017/04/27/judge-to-decide-on-fate-of-jeffrey-willis-trials/

Results baby results

  I see a lot of my competition marketing their experience or former experience as prosecutors, law enforcement officers, etc. I also see a lot of them talking about their reviews and their rankings on one of the online attorney ranking systems. What I don't see much is their talk about results. Actual results. By that I mean actually winning cases in front of juries and getting dismissals and extraordinary plea deals. If all an attorney is doing is holding your hand to keep you out of jail, he or she really isn't adding much value. You should be paying for some one who has proven he or she can actually get results. So few attorneys do.

  There used to be a saying that "if most high profile criminal defense attorneys ran into their reputation on the street, they wouldn't recognize each other." I couldn't agree more. One's self created reputation on the internet is a poor substitute for actually winning.

  Pay for what an attorney can do, not what he says he can do.

Ryan Maesen
www.maesenlaw.com

Sometimes you have to say no

Sometimes you have to say No.

I was meeting a new divorce client today and the gentlemen she brought with her made the comment that in his business, it is often best to turn down clients that seem to be more bother than they are worth. I couldn't agree more. When I was new and desperate for money, I took on many clients that I really didn't want because I needed to money. I have been fortunate that I can now be a bit more selective in the cases I take.

I don't need or want any more narcissistic people who don't understand that they can't pay me a small amount of money and expect me to drop everything and make their case my highest priority. If I have one pet peeve, it is people who wait until the last minute, have very little money and then expect me to make them number one. Sorry, it doesn't work that way.

Sometimes, the best thing any lawyer or other professional can do is say "no thanks." As much as you may want to help everybody, you just can't.


Ryan Maesen
www.maesenlaw.com

Working Referrals

  This blog is not about the typical legal subject matter. I am writing because I wanted to point something out that I have learned after practicing law for nearly a decade; namely that the best way to find clients, and presumably an attorney also, is by word of mouth. I know that many of my competitors have large marketing budgets and spend a lot of time trying to convince you that they are best. They may post awards and plagues throughout their website, and may pay a small fortune for Ad Words and other marketing devices. But I have found that the best way to get clients is to simply provide the best service possible and hope they will return the favor by repeated business and referrals. As time goes on, more and more of my practice consists of repeat business and referrals. It is a win-win for everyone. The people coming through the front door are able to feel confident in meeting me and I can feel confident that a quality former client was able to vouch for them.

Ryan Maesen
Attorney, Grand Rapids, MI
www.maesenlaw.com

It's been awhile

  It has been far too long since I have last blogged here. Much has happened to me in my practice of law. I have continued to win trials and fight for what I believe is justice. I think going forward, I will be posting my thoughts and telling about my cases rather than trying to educated people on the law. I think that will actually make it easier to learn the law and learn how the legal process really works.

Ryan Maesen
www.maesenlaw.com

Sentencing Guidelines - An Overview

Sentencing Guidelines – Basic Overview

A person charged with a felony is going to hear their attorney talk about “sentencing guidelines” and because this often creates a lot of fear and confusion, I thought it would be helpful to offer a brief overview on what exactly sentencing guidelines are and how sentencing works in Michigan.

The first thing to understand is that the number your attorney (or judge, prosecutor, or probation officer) uses when describing sentencing guidelines refers to the range of months that judge must sentence you to for the minimum portion of your sentence. The maximum is set by the statute and your attorney doesn’t have much say at all what happens on the back end of a sentence. A defendant is at the mercy of the Department of Corrections and the parole board. However, most inmates are paroled as soon they are eligible to it is important to work hard to get the minimum number (the sentencing guidelines range) down to the lowest amount possible.

For example, if a particular person’s sentencing guidelines are 51-80 months and the person is convicted of a 15 year felony, the maximum sentence is 15 years and the minimum part will be between 51-80 months. The judge has the discretion to sentence the defendant to some term between 51-80 months before the defendant is eligible for parole. So the final sentence may be 60 months to 180 months or 5-15 years.

People often get confused when they hear their attorney say the guidelines are 10-23 months on a ten year felony and think that the person will be out in 23 months at the latest. That is NOT the case. The 23 months is the maximum for the minimum portion of the sentence. The judge could set the minimum as low as 10 months or as high as 23 but it will be a set number within that range.

Some crimes have mandatory minimum terms and some require life in prison. There is another tricky category that sets the penalty at “life of any term of years.” In those cases, the judge can set the maximum wherever she feels fit; often a chilling proposition. In many cases, however, there is a plea agreement to a lesser charge that removes this possibility. I have also had clients that are convicted of a crime that has “life or any term of years” get a maximum sentence of only 5 years, so it isn’t necessarily a “death sentence.”

In a future blog, I will discuss the factors that go into determining a person’s sentencing guideline range.

Ryan Maesen

Criminal Lawyer

Grand Rapids, MI

www.maesenlawplc.com

www.westmichigancriminaldefense.com

Consecutive Sentencing Part III - Discretionary Consecutive Sentences

Consecutive Sentencing Part III – Discretionary Consecutive Sentencing

While mandatory consecutive sentencing is fairly straightforward, discretionary consecutive sentencing contains a creature that can be uncooperative, mean, fickle, frustrating, and downright painful to deal with: the judge.

This “X-Factor” can wildly affect whether a person gets a consecutive sentence or not. Different judges and different counties have different philosophies and tendencies. The prosecutor can even influence this if he or she requests a consecutive sentence, or conversely agrees with the defense attorney one not be imposed.

Most competent defense attorneys (i.e. not Cooley graduates) will takes steps early in your case to make sure that the specter of consecutive sentencing is dealt with ahead of time. Keep in mind, the prosecution does not have to provide advance notice if they are seeking a discretionary consecutive sentence. And in the absence of a Cobbs agreement or as part of a plea deal, the judge doesn't have to warn the defendant either.

Even though the judge’s consecutive sentencing authority is discretionary, he must still get his authority from a statute authorizing consecutive sentencing. The following is a brief list of some of the more common scenarios where consecutive sentencing is allowed but not required.

• Assaulting a police officer
• Use of a computer for a felony
• Homicide involving the use of a motor vehicle
• First degree home invasion
• First Degree Criminal Sexual Conduct

All of the above allow discretionary sentencing where the crime is part of a series of other crimes. For example, a first degree home invasion may involve tying up or kidnapping the residents of the home, assaulting them, or, in tragic cases, even killing them. Child pornography is an example of an additional crime that uses a computer.

The most common example where criminal defense practitioners see the potential for discretionary consecutive sentencing is when a client is out on bond an commits another felony. Ironically, one of the more common new felonies is not showing up for a court proceeding and then being charged with “absconding bond.” Very ticky tack, but it happens.

“Drug dealing” and related charges arising out of that behavior often includes a provision allowing for consecutive sentencing.

Ryan Maesen
Criminal Lawyer
Grand Rapids, MI
www.maesenlawplc.com
www.westmichigancriminaldefense.com