2/25/2005 - Posted by:
Scott Moore, Attorney at Law
Phone: 877-694-2889
Alt. Phone: 313-967-9655
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Arguing the Law
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Often arguing the law is the best option. Sometimes it is the only option.
I have three pending cases where the facts are not favorable to an acquittalbut there exists legitimate legal issues ripe for argument. One case involves the application of the fine provisions of a city DUI ordinance that is at variance with the state statute. Another matter questions the power of a judge to find a probationer in direct contempt of court for actions that occurred outside the court's presence. Finally, we've challenged the criminal jurisdiction of a court that was recently reorganized by the Supreme Court.
None of these cases has been resolved yet, but my clients are receiving creative and agressive representation on matters important not only to their situations, but also to the development of the law in Michigan.
In each case, we are challenging long-held practices that are questionable under the law. There has been little effort to ask the courts if these procedures are even valid, and I believe that is because attorneys are fearful of the consequences should they "rock the boat." As advocates, though, we have an ethical obligation to zealously defend our clients when a good-faith argument for the modification of the law exists.
This story is a work in progress, but I hope to have good news to report in the near future.
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