In December, we wrote about Scott G. Millard, an Ottawa County attorney who was held in criminal contempt at the 58th District Court in Hudsonville, Michigan by Judge Kenneth Post. The judge took issue with the attorney’s statement that the client need not answer questions about prior drug use in order for the judge to determine bond conditions. The attorney knew that criminal defendants have the right to remain silent under the Fifth Amendment to the United States Constitution if a truthful answer could incriminate them.
We know how important it is to fight for our clients’ rights
Millard appealed his contempt conviction to the Ottawa County Circuit Court. In the Circuit Court opinion, authored by Honorable Edward R. Post, the court ruled that District Court judge Post incorrectly held the attorney in contempt. It then remanded the matter to the District Court for further proceedings, but ordered that the criminal case be reassigned to a different Judge. As premier Michigan defense attorneys, we know how important it is to fight for our clients’ constitutional rights. We applaud the Circuit Court for holding that this attorney was doing nothing wrong by advocating for his client. We also applaud attorney Millard for standing up for his client in a very difficult situation.
It is unfortunate that we live in an era where the constitutional protections of persons accused of crimes are being steadily eroded by state and federal legislation and by numerous appellate precedents that make it progressively more difficult to defend clients.
It is important that anyone being investigated for or charged with any criminal offense hire a trial attorney who is skilled and aggressive in the courtroom, especially when the judge and prosecutor are unsympathetic and even hostile to criminal defendants. A good attorney can help ensure that proper courtroom procedure is followed and that the defendant’s constitutional rights will not be infringed upon.
The sooner you hire an attorney, the more time the attorney will have to prepare your defense. Contact a skilled lawyer immediately.