The Benefits of Legal Counsel in PPO's and Criminal Defense Matters

While attending Loyola University Chicago School of Law, Channelle Kizy-White was first exposed to criminal defense work as a law clerk.  She also handled this type of work as a new associate, while working with other firms after law school. Earlier this year, Ms. Kizy opened her own law practice, known as Channelle Kizy, PLLC, located in Farmington Hills, MI.  Ms. Kizy decided to focus on family law and criminal law, because she felt these were areas of law where she could make the most difference for her clients and help people.

Ms. Kizy recalls, “I became a lawyer to help others in difficult situations and I believe criminal defense and family law encompass some of the most difficult situations individuals face. I enjoy being able to give a fresh perspective to others and I prefer to deal with clients on an ongoing basis, more than handling isolated business transactions or fighting over money.”  Ms. Kizy has aspirations of becoming a Judge one day, and was recently named as a 2011 Up and Coming Lawyer by Michigan Lawyer’s Weekly.  She has also been named as a Michigan Super Lawyer Rising Star in 2010 and 2011, and received the dbusiness Top Family Law Attorney award in 2011.

Now that she has been in practice for 5 years, I asked Ms. Kizy what she perceives to be the common misconceptions about criminal law.  She replied that “often people think that if someone is arrested, they must be guilty and that criminal defense attorneys are trying to get people out of trouble even though they committed the crime.  In my experience, the surrounding circumstances can play a major role in the commission of certain crimes.  Not everyone is predisposed to commit a crime, but out of desperation or the need to put food on the table might make someone feel desperate enough to steal in order to come up with money for food.  Or someone may have been in the wrong place at the wrong time and was not directly involved in the commission of the crime, but was the person accused of committing the crime. ” In other instances, a lapse in judgment can occur, which results in the commission of a crime.

Ms. Kizy believes that it is wrong for the accused to be “punished ruthlessly for an isolated lapse in Judgment.”  Her perception is that few people sympathize with the accused, and that the accused should be given a break when the circumstances warrant it.  ”This disparate treatment is what frustrates me and what I fight against.  I don’t like to see people receive sentences that they don’t deserve.  I seek to make sure that the Judge and/or prosecutor looks at the big picture and the circumstances surrounding the situation.”

There are also misconceptions about Personal Protection Orders (PPOs). “People believe that by getting a PPO, it will resolve their problems involving another person.  The reality is that a PPO is just a piece of paper and if the respondent has no regard for the law, they won’t fear the consequences of violating a PPO.  While having a PPO may provide some comfort and protection for the Petitioner moving forward, sometimes it makes things worse by angering the respondent and his or her family members who may be particularly vengeful.”  A PPO can be obtained without the assistance of an attorney.  However, Ms. Kizy believes it is wise for the petitioner and the respondent to each have independent counsel, so that both parties have an opportunity to have their side of the story heard in or out of court.

”It is more likely that a resolution or a fair result will be achieved if both parties have counsel.  In divorce cases, PPO’s are commonly entered into without a hearing in order to protect the petitioner from harm upon filing for divorce.  The Respondent can file objections to the Ex Parte order, and get a hearing that way,” says Ms. Kizy.  Often both parties are frustrated by the PPO process, because they don’t understand it and there is no uniformity in the system for issuing PPO’s.  ”Petitioners are frustrated when someone they know obtains a PPO in a different county, but find their own petition denied under similar circumstances.  The reason for this is because granting PPO’s is within the individual discretion of the judge.”  PPO’s shouldn’t be entered into lightly by the Petitioner, or ignored by the Respondent, says Kizy.  ”Consequences for the respondents could be the loss of a job or losing a license to carry a concealed weapon.  Additionally, if they don’t file objections timely, the PPO stands and they must live with the consequences.”

Sometimes clients are tempted to represent themselves in criminal matters, especially if they don’t think they have enough money for an attorney, or if they believe the potential consequences associated with the charges aren’t that serious. Ms. Kizy suggests having counsel, even if it is court appointed due to a lack of funds of the accused.  ”Representing yourself is not a good idea because the legal system is not easy to maneuver on your own.  You may fall into a trap or be encouraged to plea by a prosecutor when in reality you may have a strong defense.  You should have a defense attorney assess your case before making any decisions regarding how your case should be resolved.  Additionally, there may be benefits or resources that the courts provide or possible sentencing alternative that you may not be aware of if you represent yourself,” according to Kizy.

Also, when it comes to PPO’s, Ms. Kizy believes an attorney should be utilized to determine what information is useful and should be included in the Petition.  ”If the PPO gets set for a hearing, then having an attorney respond to the Petition and attend the hearing is absolutely essential.   It is very difficult for a petitioner to face a respondent in a PPO hearing without emotions getting the best of them.  Having an attorney handle the process allows the client to make sure everything is done right the first time.”

For more information about Ms. Kizy-White, her practice, volunteer work, and her accomplishments, visit herwebsite.