Losing your driving privileges can be a significant setback, impacting your daily life, employment, and sense of freedom. The path to restoring your driver’s license can be fraught with legal complexities and procedural nuances that vary greatly from state to state. In the wake of a suspension or revocation due to infractions such as DUIs, accumulating points, or other violations, the process to regain your driving rights often requires more than just serving a period of suspension or paying fines. If you’re in Michigan and struggling with the complexities of getting your driver’s license back, particularly after a DUI, it’s important to consult with a skilled Michigan DUI attorney who is well-versed in Michigan’s laws and procedures. Don’t navigate this process alone. Contact Michigan Defense Law today at (248) 451-2200 for a consultation and take the first step towards putting the keys back in your ignition. Interviewer: At what point would I contact an attorney to restore my license? Paul Tafelski: I think it’s good for people to contact an attorney as early as possible. I have some clients that I work with almost immediately. Right after they get convicted and lose their license, we start prepping and planning what they need to do to get it back. If You Lose Your License in Michigan, You Cannot Apply for a License in a Different StateThis is because you really don’t want to get denied at that first hearing and have to wait another year to reapply. One of the absolute worst things in the world to deal with is living without a license in Michigan and most other states. And as long as you’re revoked in Michigan, you can’t even move somewhere else and get a license. They won’t let you get one until you clear Michigan. So you have to eventually deal with it. It Is Advisable to begin the Process to Restore Your License as Soon as PossibleSo I start counseling people as early as possible. Even a year beforehand is not too early, but six months, three months, even two months. As soon as you can, you should start working with your attorney because you’re going to get good advice on how to prepare and what to do. And it takes time to get letters from people. The whole process takes time and effort, and the sooner you get help, the better. And typically, most of us work on flat fees in handling these cases. So how earlier you engage your attorney, the more advice and help you’re going to get along the way and the higher your chance of success is going to be. Some People Do Not Realize the Disadvantage of Self-Representation until They Are Faced with the Consequences of Losing Their Driver’s LicenseInterviewer: Now have you ever worked with clients that you didn’t work with on the DUI case but then afterwards they say, I kind of handled this pretty badly and now I think I’m going to need an attorney for this? Paul Tafelski: Oh, yes. Many of the driver’s license restoration clients are not people I represented on their drunk-driving case. Unfortunately, some of them are people who went the first time by themselves and just didn’t know what they were getting into and didn’t realize how adversarial the process was. They didn’t realize how the Secretary of State was not looking to give them a license but was looking for a reason to not give them a license. And so then they start looking around for help and they find me and we help them. In Order to Successfully Petition for a License Restoration, You Must Present a Compelling Story of Your Intentions to Remain SoberInterviewer: What are some of the possible dangers that they could be facing if they go and try to get their license restored on their own? Paul Tafelski: Well, obviously, some people can go by themselves and be successful. Other people may be clean and sober and doing everything right, but they’re just not naturally good at presenting evidence and dealing with people who are aggressive against them. And they’re not going to do a good job of presenting a compelling story and making sure that they present all of the requirements that are necessary to prove they deserve a license. The burden of proof is on the person seeking the license; it’s not on the Secretary of State. Frankly, I think unless you cannot possibly afford to hire somebody, you should have an attorney in a driver’s license restoration case because so much is at risk. You can’t even try again for a year if it doesn’t work. So you want to make sure that you put your best foot forward. Refusing a Chemical Test and a License SuspensionInterviewer: What about with refusals? Is a driver automatically suspended after a refusal? Paul Tafelski: Michigan law requires that you submit to a breath test after you’ve been arrested by a police officer. You don’t have to take the preliminary breath test on the side of the road; that’s just a civil infraction with a small fine. Even If You Are Later Exonerated, a Refusal to Submit to a Breathalyzer Test Results in an Automatic 12-Month SuspensionBut once you’re arrested and taken back to the station and they ask you to take the Data Master test, which is what everybody calls the Breathalyzer, you have to take that or else your license gets suspended for a year. It doesn’t matter if it even turns out you were innocent. Your refusal to take that test is called an implied consent violation. And what that means is by law when you agree to take a driver’s license, you are also consenting to take a breath test if lawfully requested by an officer. You have 14 days to request a hearing to appeal that, in which case then you end up again from the same Driver’s License Appeal Division hearing officers and you can challenge that issue based upon a few different things that are a little more complicated. But if you’re unsuccessful and you lose that hearing, and it’s your first refusal to take the Breathalyzer, you can file a hardship appeal to the circuit court. And the circuit court judge can decide to grant you a restricted driver’s license for that one year. You will have to demonstrate to them that it will be a hardship on you to be able to survive without a license. It’s not exactly driver’s license restoration, but indirectly it is the same thing. Do I Really Need a Lawyer to Get My License Back?We are often asked by prospective clients whether they really need a lawyer to get their license back. The reasons for their questions are legitimate and varied. Some are ignorant of the legal standards that require YOU to prove to the hearing officer through the production of evidence that you have been 100% sober for at least a year and that you are likely to remain 100% sober for the rest of your life. These people usually think if you have been waiting long enough and not had additional legal trouble you are entitled to get your license back. That’s not true. When you have had your license revoked because of two or more OWI’s the privilege to drive is taken from you FOREVER. It is only returned when you convince a hearing officer that another drop of alcohol will never touch your lips. Sometimes clients wonder if they need a lawyer because they have been sober for a long time and they believe that should carry the day at the hearing. These cases have a better chance of prevailing without a lawyer if the client has a compelling story and knows how to tell it the right way. However, even in this situation, we recommend using a lawyer (not just because we are lawyers). There are many details of the process that you would not be familiar with unless you have experience. For example, if the substance abuse evaluation contains an incomplete or inaccurate history the hearing officer may deny your request for restoration because the evaluator’s opinion was based upon incomplete information. If the evaluator you choose isn’t totally familiar with the process they may not complete the paperwork properly and you can be denied for that reason. If your letters are not in compliance with the rules you could be denied. In other words, there are lots of reasons you can be denied that are unrelated to your actual sobriety. Our experience avoids these type of errors and can be the difference between success and failure, even for top-level clients. There are many law firms that will accept your driver’s license restoration case but do not have a passion for this line of work, lack experience, and do not understand the level of detail that needs to be followed. If you hire one of those firms you may have been better off by yourself. However, it is our honest belief that having a firm like ours, with great experience in this area of the law combined with a desire to help people get their full lives back, provides you with advantages you will not have on your own. Does it Matter if I live Out of State When Applying for License Restoration?If you are seeking to have your driving privileges restored by the State of Michigan it is a great benefit to live out of state. The process is different and the results are different. First, if you live out of state at the time of your application for reinstatement (with no plans to resume Michigan residency) you are eligible to apply for reinstatement through an administrative review. Michigan residents must have a hearing in front of an Administrative Hearing Officer that takes place in person or by video and subjects the applicant to cross-examination by an experienced lawyer for the Drivers License Appeal Division of the Secretary of State. However, if you are an out-of-state resident you can submit all of the required documents for administrative review and you will either be approved or turned down by mail. If you are turned down, you are eligible to have an in-person hearing like normal and immediately try again to gain reinstatement. If you are approved administratively you are granted a full restoration of your driving privileges and become immediately eligible for a license in the state that you now reside in. This means you avoid the restricted license and mandatory interlock device that most Michigan residents are required to deal with. You also avoid the need to come back in a year to seek full reinstatement like most Michigan residents. It is a tremendous advantage to be an out-of-state resident when applying to get your license back! We have successfully assisted numerous clients to win their full driving status through the administrative application process. When applying this way it is particularly important that the documents submitted are perfect and leave no margin for error. The Crucial Role of Attorneys in Michigan’s Driver’s License Restoration: Navigating the Legal LabyrinthNavigating through Michigan’s driver’s license restoration process can often feel like a complex labyrinth. Your chances of success can drop significantly without experienced guidance. This is where attorneys play a crucial role. One misstep can lead to your application being denied, forcing you to wait another year before reapplying. Time and resources are at stake in this intricate process. An attorney can significantly quicken the pace, potentially restoring your driver’s license within 3 to 4 months. An attorney plays a significant responsibility in preparing and filing your application, informing you of the appointed hearing date, and representing you before the hearing officer. Eligibility is the first checkpoint. You need to wait a year from when you lost your license to petition for restoration. In some cases, the wait time extends to 5 years. Your attorney will review your driving record to determine your eligibility and ensure you meet the requirement of demonstrating a commitment to sobriety, a prerequisite for those convicted of multiple drinking and driving offenses. To begin the restoration process, you need to pass through the Secretary of State’s Office of Hearings and Administrative Oversight. This involves getting a substance use evaluation, a 12-panel drug screen, submitting documentation of sobriety, and presenting evidence of support. Each of these steps can be demanding and time-consuming. Your attorney will act as a navigator, guiding you through each stage meticulously. Once you’ve completed the initial steps, you’re ready for a hearing. Your attorney ensures the correct paperwork is submitted to the Secretary of State. The hearing is your opportunity to prove your capacity for controlled substance use and your ability to drive safely. An attorney with experience in front of different hearing officers can prepare you effectively for this crucial stage. Consulting a Top-Rated Oakland County DUI Attorney From Michigan Defense LawThere can be many complexities involved in the process of restoring your driver’s license, especially if you’re navigating Michigan’s legal landscape. An experienced attorney can provide invaluable assistance, helping to clarify the process and potentially expedite the restoration of your driving privileges. Furthermore, an attorney can provide the needed defense and representation should any complications arise, ensuring that your rights are always protected. Having a reliable and experienced attorney by your side is not just a matter of practicality; it can make the difference between ongoing frustration and the successful restoration of your license. The seasoned Oakland County DUI attorneys at Michigan Defense Law understand what’s at stake and are dedicated to supporting you through every step of the process. For anyone facing the challenge of reinstating their driver’s license in Michigan, seeking professional legal assistance isn’t just an option—it’s a necessary strategic decision to ensure the best possible outcome. Contact us today at (248) 451-2200 to schedule a consultation.
via Michigan Defense Law https://www.michigandefenselaw.com/blog/when-do-you-need-an-attorney-to-assist-with-restoring-your-drivers-license/
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Domestic violence is a pervasive issue that transcends social, economic, and geographic boundaries, affecting individuals in all walks of life. Defined as a pattern of behavior in any relationship used to gain or maintain power and control over an intimate partner, domestic violence offenses are categorized into various levels based on the severity of the act, the harm inflicted, and the frequency of the violence. If you or someone you know is facing accusations of domestic violence, it’s essential to recognize the gravity of these charges and the potential consequences they entail. Navigating the legal intricacies of domestic violence offenses requires a robust defense strategy and an in-depth understanding of the law. At Michigan Defense Law, our team of Oakland County domestic violence lawyers may be able to provide the skills and representation needed to address these serious allegations. Act now to ensure your rights are protected – contact us today at (248) 451-2200 to discuss your case and explore your legal options. Interviewer: What are the different degrees of domestic violence, starting with the more minor ones? Paul Tafelski: Here in Michigan and in Wayne, Oakland, Macomb County, we don’t really have different degrees of domestic violence. What we have is if you have a first offense, a second offense, and a third offense; the third offense becomes a felony. It’s basically the same crime. It doesn’t matter if it’s a minor case or a real serious case, but the maximum time in jail gets longer for each prior offense that you have and the more the likelihood of being put in jail and put in jail for a significant amount of time increases with each offense as well. What happens that does constitute more serious crimes, though, is when the elements change. As I described before, normal domestic violence is basically an assault and battery. An assault is just legally defined as placing someone in imminent fear of a battery. A battery is defined as a harmful or offensive touching. If you look at those elements and you satisfy them, and then you have a domestic relationship, then you have a domestic violence charge. The way it becomes more serious is if you had that same crime but let’s say you add a weapon. It could be any kind of weapon. It could be a gun. It could be a stick. It could be a piece of wood, a chair, a vase, an object from your house, anything. But now you hit somebody with that or you threaten to hit them with that, or you point a gun at them, then it becomes a felonious assault, which is a five-year felony that is much more serious than a domestic violence charge. One step above that is the crime of assault with intent to do great bodily harm, less than murder. That is when you actually use a weapon and you cause an injury. From the facts of the case, it appears that you were trying to inflict great bodily harm on someone without killing them. That becomes an even more serious felony. Every time, you’re basically looking at all these things as being different degrees of a fight. Every time the fight escalates to the next level, the charge usually kind of escalates to the next level with it. That’s pretty much a general explanation of how these types of crimes work. Interviewer: What would be some examples of intent to do great bodily harm less than murder? Paul Tafelski: Let’s say, for example, you had a knife and you point it at somebody and you’re arguing with them. You actually stab them, and you stab them in the shoulder. Then you stopped and ran away. You didn’t try to stab them again and again. In that case, they could say you’ve got a knife and you actually stabbed somebody with it. You didn’t stab them in the heart and you didn’t try to keep stabbing them to kill them. There’d be an example where they’re saying you didn’t demonstrate the intent to kill, but you certainly tried to inflict serious harm on them. That’d be an example of that crime. Trespassing as an Act of Domestic ViolenceInterviewer: Would there be any cases where trespassing is considered domestic violence? Paul Tafelski: In order for there to the domestic violence, basically the difference between assault and battery and domestic violence is that domestic violence is an assault or a battery involving someone with whom you had a domestic relationship in the past. That domestic relationship could be ongoing or it could have been previous. For example, it can be your current girlfriend or your former girlfriend. It could be your current wife or your ex-wife. It could be your 15-year-old child or your adult child who doesn’t live there anymore. Those are all domestic relationships. Then you combine the crime of assault and battery to that, and they have a domestic violence case. Just trespassing would not necessarily be a domestic violence. If you add to it that you trespassed and then you were making a threat to someone that they believed was real concerning inflicting physical violence or harm to them, then that could constitute domestic violence. Typically, around here, when there’s domestic violence, we see some element of physical touching or a real threat of a physical touching, like raising your fist and having the person run away or something like that. Understanding Domestic Violence Charges: Misdemeanor or Felony in Michigan?In Michigan, understanding the severity of domestic violence charges requires knowledge of the distinction between misdemeanor and felony classifications. Domestic violence encompasses acts of domestic assault and aggravated domestic assault against individuals with whom the perpetrator shares a close relationship, such as a spouse, a partner, or a cohabitant. Domestic assault charges in Michigan do not depend on the physical injury of the victim. A first-time offender faces a misdemeanor with potential penalties including up to 93 days in jail and/or a fine up to $500. A second offense is also a misdemeanor but carries harsher penalties, with up to one year in jail and/or a fine of up to $1,000. However, a third domestic assault conviction is a felony, punishable by up to five years in prison and/or a fine of up to $2,500. Felony charges can be imposed under certain conditions, even on a first or second offense, if the assault involves a weapon, intent to do great bodily harm, or strangulation. Moreover, sentences can encompass probation, mandatory counseling, or community service, with the exact penalties varying based on the case details. Aggravated domestic assault, which is characterized by serious injury requiring immediate medical attention, can result in a misdemeanor for the first offense. However, a second charge is automatically a felony, with the potential for up to five years in prison. It’s critical for those charged to understand that the nature of their relationship with the victim and their previous record can significantly impact the level of charges. Even if an alleged victim decides not to proceed with the complaint, Michigan law permits prosecutors to continue with charges. However, the state does provide a plea bargain option for first-time offenders (MCL § 769.4a), which can prevent a criminal record if the probation period is completed without incident. Legal representation is crucial for anyone facing these charges, as the complexity of Michigan’s domestic violence laws and the potential for life-altering consequences demand a thorough defense strategy.
Getting the Legal Help of a Skilled Oakland County Domestic Violence Lawyer From Michigan Defense LawThe gravity of domestic violence offenses in Michigan underscores the necessity for a robust legal strategy and the support of experienced defense attorneys. Whether it is a misdemeanor charge that could lead to probation and counseling or a felony charge with the potential for substantial prison time, the right legal help can greatly affect the outcome of a case. By navigating the complexities of Michigan’s legal system with a seasoned defense attorney, individuals can ensure their rights are protected while working towards a fair and just resolution. At Michigan Defense Law, our team of Oakland County domestic violence lawyers plays a pivotal role in not only defending the accused but also in advocating for changes that promote justice and rehabilitation. With the right defense, individuals are better equipped to handle the allegations against them and rebuild their lives with dignity and respect. Contact us today at (248) 451-2200 to schedule a consultation. via Michigan Defense Law https://www.michigandefenselaw.com/blog/levels-of-domestic-violence-offenses/ There are lots of examples of things that could be misdemeanors, but typically it is going to be something that is considered a bit more serious in nature. The court has the authority and or the discretion to be able to potentially put you in jail for what you did. One of the common traffic violations in the driving and traffic realm is driving while a license is suspended. That is a ticket that will be issued, because somebody failed to pay a speeding ticket and their license was suspended and then pulled over. Sometimes the drivers do not even know that their license was suspended, but that is not a defense in most situations. If you find yourself in a similar situation, speak with a reputable Michigan motor vehicle offenses lawyer today. At Michigan Defense Law, our lawyers can provide the guidance and representation you need to navigate through these complexities and safeguard your rights. Contact us today at (248) 451-2200 for assistance in addressing your misdemeanor case. With a driving while license suspension, if you are convicted you will receive an additional thirty day suspension on your license, and two points off your license. You might face probation, and be subjected to drug or alcohol testing if the court feels that is appropriate. You could go to jail for up to ninety-three days for a first offense and up to one year in jail for a second subsequent offense. That is the most common ticket people do not think is serious enough. But in certain situations it is treated very seriously in many of the courts. In particular in Oakland County, they take driving while a license is suspended very seriously, especially if the person has any prior history of the same offense. They really do not approve of multiple DWLS tickets. They feel like it represents people who do not care about following the law. In Oakland County, Macomb County and parts of Wayne County, they take it very seriously. Sometimes clients have been in trouble in local cities where driving while a license is suspended is not taken as seriously, and then suddenly shocked to find out that they are in front of a judge who is considering placing them in jail. Reckless driving is another traffic misdemeanor, and you can go to jail for that offense. If convicted, it is six points on your license and a ninety-day hard suspension of your driver’s license. This means you cannot drive at all for ninety days. Surprisingly most people think of reckless driving as being totally out of control, but the statute basically says that a person is guilty of reckless driving if they drove in a reckless manner. It is really vague, and not as dramatic as many people think. There have been many examples of people getting ticketed for reckless driving simply because they were spinning their tires on a road or doing donuts in a snow-covered parking lot when there were no other cars around. Some things that people do not look at as being that dangerous or risky have resulted in charges of reckless driving. Some other misdemeanors with traffic offenses can involve operating while intoxicated by alcohol, operating while impaired, or operating while intoxicated by drugs. Child endangerment is another charge that often comes into play. This is where kids are in the car when someone is doing something that is dangerous or improper. Open intoxicants in a vehicle are one of them. If you have a half bottle of wine or an open bottle of beer in the car, and even if you are not drinking the alcohol, the police can charge you with open intoxicants. This results in a misdemeanor and does often result in people being placed on probation, and having a misdemeanor criminal conviction on their record.
Are Traffic Violations Misdemeanors?A traffic offense, also known as a traffic violation, takes place when a driver breaches the motor vehicle laws or regulations established by a state. Sometimes, a traffic offense or violation is categorized as an infraction, which is not considered a criminal offense (misdemeanor or felony). However, more severe traffic offenses or violations may result in misdemeanor charges. In Michigan, traffic violations are categorized as either civil infractions or misdemeanors. Driving a vehicle with a suspended license is classified as a misdemeanor, leading to substantial consequences. Other traffic misdemeanors include activities such as driving under the influence of alcohol or drugs. In certain instances, reckless driving can also be treated as a misdemeanor rather than a standard traffic infraction. Penalties for these offenses vary depending on the specific charge but may encompass fines, court costs, license suspension, and, in the case of misdemeanor traffic offenses, the possibility of imprisonment. Failure to address a traffic ticket can lead to the revocation of your driver’s license. Navigating the intricacies of traffic violations and determining whether they amount to misdemeanors can be a complex task. At Michigan Defense Law, our skilled Michigan motor vehicle offenses lawyers can provide invaluable assistance. With a deep understanding of state traffic laws, our attorneys can assess your case, strategize a defense, and work towards minimizing potential consequences. Contact us today to protect your rights and navigate the legal intricacies surrounding motor vehicle offenses in Michigan. What Would Aggravate A Misdemeanor Traffic Violation To Felony Status?Occasionally if a person does not stop immediately upon being signaled to pull over by a police officer, they can be guilty of fleeing and eluding which can be a felony and can result in a long-term suspension of their driver’s license. Another charge out there is called felony joyriding, or unlawful driving away of an automobile, and this can result in a felony. Another common misdemeanor is failure to stop and identify after a property damage accident. In other words, say your car slides off the road and causes some damage to a fence, and rather than sticking around and waiting for the police to make a police report you drive home and intend to just deal with it the next day. Many of those situations result in the police showing up at your house and issuing you a misdemeanor ticket for failure to stop and identify after a property damage accident. The courts take those very seriously, because in general the assumption at the courthouse is that you probably were drunk and got away with it. Or you had drugs in your car, had a warrant for your arrest, or you had a suspended driver’s license. They always assume that if you leave the scene of a property damage accident, it is because you are trying to cover up something worse. That is another important misdemeanor that can add six points to your driver’s license as well. For more information on Enhancement Of Traffic Violations, a free initial consultation is your next best step. Contact us today and get the information and legal answers you are seeking by speaking with one of our Michigan criminal defense lawyers at (248) 451-2200. via Michigan Defense Law https://www.michigandefenselaw.com/blog/when-does-a-traffic-violation-become-a-misdemeanor/ Navigating the legal alcohol limits in Michigan is a critical responsibility that every individual should take seriously. Understanding these limits and their implications can help prevent legal troubles and ensure the safety of yourself and others on the road. However, when faced with complex legal matters related to alcohol offenses, such as the penalties involved in an underage OWI or the legal implications of an OWI with prescription drugs, seeking experienced help from a Michigan OWI (Operating While Intoxicated) lawyer becomes crucial. If you find yourself in a situation involving an OWI charge or have questions about the legal alcohol limits in Michigan, it is imperative to seek assistance from a skilled Michigan OWI/DUI lawyer. Their knowledge in this field can make a significant difference in the outcome of your case, ensuring that your rights are protected and that you receive fair treatment under the law. Don’t navigate these complex matters alone; reach out to Michigan Defense Law today for the support and guidance you need to navigate the legal system effectively. Acting swiftly and obtaining professional help can greatly influence the resolution of your case and safeguard your future. Our attorneys provide quality legal advice and representation. Call us at (248) 451-2200 to schedule a consultation. What is BAC?Blood Alcohol Concentration (BAC) is a crucial concept in understanding the legal alcohol limits in Michigan. BAC refers to the amount of alcohol present in a person’s bloodstream. It is measured as a percentage, representing the ratio of alcohol to blood volume. The higher the BAC, the more impaired a person is likely to be. In Michigan, BAC is measured using two common units: grams of alcohol per 100 milliliters of blood (g/100 mL) and grams of alcohol per 210 liters of breath (g/210 L). These units help determine the level of alcohol impairment in individuals and play a significant role in enforcing the legal alcohol limits. Legal BAC Limits for Various Types of DriversMichigan establishes different legal BAC limits for various categories of drivers. It’s important to be aware of these distinctions to ensure compliance with the law. The following are the legal BAC limits for different types of drivers: Standard Drivers (21 years and older)First Offense: For a first offense, standard drivers who are 21 years and older and exceed the legal alcohol limit of 0.08% can face up to 93 days in jail, fines up to $500, and a driver’s license suspension for 30 days followed by 150 days of restricted driving. Repeat Offenses: Repeat offenses within a certain time frame can result in increased penalties, including longer jail sentences, higher fines, and an extended driver’s license suspension period. Subsequent offenses can also lead to mandatory alcohol treatment programs and the installation of an ignition interlock device. Commercial Drivers (CDL)Commercial drivers with a commercial driver’s license (CDL) who exceed the legal alcohol limit of 0.04% for CDL holders can face up to 93 days in jail, fines up to $500, and a one-year disqualification of their CDL. A first offense can also lead to a driver’s license suspension for 30 days, followed by 60 days of restricted driving for non-commercial vehicles. Repeat offenses for CDL holders can result in longer disqualification periods and increased penalties, including extended jail sentences and higher fines. Underage Drivers (Under 21 years)Michigan has a zero-tolerance policy for underage drinking and driving. Any detectable amount of alcohol in the system of drivers under the age of 21 can result in serious penalties, including a driver’s license suspension, fines up to $500, community service of up to 360 hours, and mandatory completion of an alcohol education program. Subsequent offenses can lead to longer license suspensions, increased fines, and mandatory community service. Understanding the specific legal BAC limits for each category of drivers is crucial to avoid potential legal issues and ensure compliance with Michigan’s alcohol laws. It is essential to remember that exceeding these limits can lead to severe penalties, and responsible decision-making is vital to promote road safety.
Super Drunk ViolationsThe “super drunk” law in Michigan refers to a specific provision that imposes enhanced penalties for individuals found to be driving with a high blood alcohol concentration (BAC) level. Under this law, also known as the High BAC Law, a person is considered “super drunk” if their BAC is measured at or above 0.17%. Super drunk charges only apply to individuals who have not had an OWI/DUI offense for the past seven years.
Additional Penalties:In addition to the above penalties, individuals convicted under the High BAC Law may also be subject to mandatory alcohol treatment programs, probation, community service, vehicle immobilization, and increased insurance rates. These additional penalties aim to address the seriousness of driving with a high BAC level and promote rehabilitation and deterrence. The super drunk law is designed to address the dangers associated with driving at extremely high levels of intoxication and to deter individuals from driving under such conditions. It serves as a stronger deterrent by imposing more significant consequences for those who choose to operate a vehicle with a BAC well above the legal limit. Testing Methods for Measuring BACMichigan laws allow for the use of different types of tests when measuring BAC or the driver’s level of impairment for legal purposes such as in an OWI/DUI case. Breathalyzer TestsBreathalyzer tests are commonly used to measure an individual’s blood alcohol concentration (BAC). This non-invasive method estimates the BAC by analyzing the alcohol content in a person’s breath. The individual blows into a breathalyzer device, which measures the alcohol vapor in their breath. Breathalyzer tests are portable and often used by law enforcement officers to quickly assess a person’s level of impairment. However, it’s important to note that breathalyzer results provide an estimate of BAC and may not always be completely accurate. Blood TestsBlood tests are considered one of the most accurate methods for measuring BAC. A blood sample is drawn from the individual, typically by a healthcare professional, and sent to a laboratory for analysis. Blood tests can provide precise and reliable BAC measurements, offering a more accurate assessment of a person’s level of alcohol impairment. However, blood tests require specialized equipment and trained professionals, making them less commonly used in roadside situations and more often conducted in medical or legal settings. Urine TestsUrine tests were previously used to estimate BAC levels, but they are less common today due to their limited accuracy and reliability. Urine tests measure the alcohol content in a person’s urine and provide a general indication of recent alcohol consumption. However, urine tests cannot directly determine BAC at the time of testing, as alcohol is metabolized and excreted over time. Additionally, urine tests may be influenced by factors such as hydration levels and individual variations in alcohol metabolism. As a result, urine tests are typically considered less accurate than breath or blood tests for assessing current BAC levels. Field Sobriety Tests:Field sobriety tests are physical and cognitive tests conducted by law enforcement officers to assess a person’s level of impairment. These tests are not direct measurements of BAC but rather an evaluation of a person’s coordination, balance, and cognitive abilities. Common field sobriety tests include the walk-and-turn test, one-leg stand test, and horizontal gaze nystagmus test. Although field sobriety tests can provide indicators of impairment, they are subjective and can be influenced by various factors. Field sobriety tests are often used in conjunction with other testing methods, such as breathalyzer tests, to build a case for driving under the influence (DUI) charges. Penalties for Violating the Michigan Legal Alcohol LimitProtecting your rights and minimizing the impact of violating the Michigan Legal Alcohol Limit starts with knowledge and proactive action. It is crucial to familiarize yourself with the potential penalties you may face, including fines, license suspension, jail time, and administrative sanctions. Criminal PenaltiesCriminal penalties refer to the legal consequences imposed by the court system for committing an OWI offense. These penalties are determined based on the severity of the offense and may include: Fines and Court CostsViolating the Michigan legal alcohol limit can result in significant fines and court costs. The exact amount varies depending on the circumstances, such as prior offenses or aggravating factors. These fines can range from hundreds to thousands of dollars. Additionally, individuals may be required to pay court costs, which cover administrative fees and other related expenses. License SuspensionOne of the most common penalties for violating the legal alcohol limit is a driver’s license suspension. The length of the suspension varies based on factors such as the number of prior offenses and the BAC level at the time of the offense. License suspensions can range from several months to years, making it illegal to operate a motor vehicle during the suspension period. Jail TimeViolating the legal alcohol limit can lead to imprisonment, especially for repeat offenders or cases involving aggravated circumstances. The length of jail time depends on factors such as the BAC level, prior offenses, and any harm caused to others. Jail sentences can range from a few days to several months or even years. Administrative PenaltiesAdministrative penalties are imposed by the Michigan Secretary of State’s Office, separate from the criminal court system. These penalties are focused on the administrative regulation of driving privileges and may include: Driver’s License SanctionsIn addition to criminal penalties, violating the legal alcohol limit in Michigan can result in administrative sanctions related to driving privileges. These may include mandatory participation in alcohol education programs, counseling or treatment programs, or probationary periods. These sanctions aim to address the underlying issues related to alcohol misuse and promote responsible behavior. Ignition Interlock Device RequirementsIn some cases, individuals convicted of driving under the influence may be required to install an ignition interlock device (IID) in their vehicles. An IID measures a driver’s breath alcohol concentration before allowing the vehicle to start. This requirement is typically imposed for repeat offenders or those with high BAC levels. The length of time an IID must be installed varies depending on the offense and may range from months to years. It is important to understand that these penalties are subject to the specific circumstances of each case, including prior offenses, aggravating factors, and individual state laws. Consulting with a knowledgeable attorney is crucial to fully understanding the potential penalties and to navigate the legal process effectively. Implied Consent Laws and Additional ConsiderationsMichigan, like many states, has implied consent laws. These laws state that individuals who operate a motor vehicle on public roads have implicitly consented to BAC testing if requested by law enforcement. Refusing to comply with BAC testing, as outlined in the previous point, can lead to administrative penalties, such as license suspension. It’s important to be aware of these implied consent laws and their implications to make informed decisions when faced with BAC testing. Implications of Refusing BAC TestingRefusing to submit to blood alcohol concentration (BAC) testing when requested by law enforcement can have significant implications. In Michigan, implied consent laws stipulate that drivers have implicitly agreed to BAC testing as a condition of obtaining a driver’s license. Refusal to comply with BAC testing can result in administrative penalties, such as driver’s license suspension, regardless of the actual BAC level. It’s important to understand the potential consequences of refusing BAC testing and consult with a knowledgeable attorney to navigate the legal implications. Repeat Offenses and Enhanced PenaltiesCommitting repeat offenses for operating while intoxicated in Michigan lead to enhanced penalties. The penalties become more severe with each subsequent offense, including higher fines, longer license suspensions, and increased jail time. Repeat offenses may also result in mandatory alcohol education or treatment programs. Understanding the implications of repeat offenses is crucial in making informed decisions, seeking appropriate legal representation, and taking proactive steps to prevent further violations. Impact on Insurance Rates and SR-22 RequirementsAn OWI conviction in Michigan can have a substantial impact on insurance rates. Insurance providers may view individuals with an OWI conviction as high-risk drivers, resulting in increased premiums or even policy cancellation. Additionally, an OWI conviction may require individuals to obtain an SR-22 certificate, which is a form provided by an insurance company as proof of future financial responsibility. SR-22 requirements typically involve higher insurance costs and must be maintained for a specified period, even after the conviction. Consulting with a knowledgeable Michigan OWI lawyer can provide valuable insights and guidance to navigate these complex considerations effectively. Working with a Skilled Michigan OWI/DWI Attorney from Michigan Defense LawSeeking the help of an experienced Michigan OWI attorney is crucial in learning about Michigan’s legal alcohol limits and defending your rights. Their knowledge, experience, and personalized approach will ensure that you receive quality defense, protecting your rights and working towards a favorable resolution for your case. Our team of Michigan OWI/DUI attorneys at Michigan Defense Law possesses comprehensive knowledge of the state’s specific laws and regulations regarding alcohol-related offenses. They are well-versed in the legal alcohol limits, how they are enforced, and the potential consequences for violating them. Every OWI case is unique, and an experienced attorney can provide personalized legal advice tailored to your specific circumstances. Our attorneys can carefully review the details of your case, including the circumstances surrounding your arrest, BAC test results, and any other relevant factors. If you have been charged with an OWI/DUI in Michigan, don’t leave the matter of your legal defense up to chance. Contact Michigan Defense Law today at (248) 451-2200 to schedule a consultation and take a proactive step forward in defending your best interests. via Michigan Defense Law https://www.michigandefenselaw.com/blog/what-is-the-michigan-legal-alcohol-limit/ A plea bargain is an agreement between the defendant and prosecutor, in which the defendant pleads guilty in exchange for a lesser charge or a reduced sentence. Despite its popularity, there are valid reasons to opt for a trial, including asserting one’s right to a fair trial and the potential for a better outcome. By understanding the implications of plea bargains and weighing the pros and cons, a defendant can make a more informed decision on how to proceed with their case. Working with a skilled private criminal defense attorney can also help ensure that your case gets the personalized attention it needs. If you have been charged with a crime in Michigan, it is important to get the help of an experienced Michigan criminal defense attorney who can help you defend your rights. At Michigan Defense Law, top-rated Michigan criminal defense lawyer Paul J. Tafelski understands both the legal and non-legal consequences involved with getting a conviction. Our team of attorneys works diligently to investigate the circumstances of our clients’ cases and establish a robust defense strategy aimed at reducing or dismissing their charges. Our attorneys can also help mitigate the impacts of a conviction including helping you navigate the new expungement laws in Michigan. To learn more about how we can assist you, contact us today at (248) 451-2200 to schedule a consultation. What is a Plea Bargain?A plea bargain is a negotiated agreement between the prosecution and the defense in which the defendant agrees to plead guilty (or no contest) to a particular charge in return for some concession from the prosecutor, such as a lighter sentence, the dismissal of other charges, or an agreed-upon sentence recommendation. Plea bargains help to save resources, reduce court caseloads, and provide certainty in the outcome of criminal cases. However, critics argue that they can lead to injustice when innocent defendants feel pressured to accept a plea deal. Types of Plea BargainsThere are primarily three types of plea bargains: charge bargaining, sentence bargaining, and fact bargaining.
Reasons Prosecutors Offer Plea BargainsThere are various reasons that prosecutors may offer plea bargains, including:
Factors to Consider Before Accepting a Plea BargainBefore deciding to accept a plea bargain, a defendant should consider several factors:
Ultimately, deciding whether to accept a plea bargain is a personal choice that depends on the specific circumstances of each case. Getting the help of a knowledgeable defense attorney can provide valuable guidance, but the decision ultimately lies with the defendant. Reason 1: Constitutional Right to a Fair TrialThe constitutional right to a fair trial is one of the fundamental principles enshrined in many democratic legal systems such as in our constitution. This principle is designed to ensure that accused persons are protected from unjust or arbitrary treatment by the state during the prosecution process. The Sixth Amendment guarantees the right to a speedy and public trial, the right to an impartial jury, and the right to confront witnesses and to have legal representation. These safeguards are in place to prevent abuse of power by the government or law enforcement agencies, and to ensure that the accused is treated fairly by the legal system. Thus, the right to a fair trial is essential for upholding the rule of law and maintaining public confidence in the administration of justice. Presumption of InnocenceThe presumption of innocence is another crucial principle of criminal law that is closely related to the right to a trial. It’s the idea that an individual accused of a crime is considered innocent until proven guilty. In most legal systems, the prosecution bears the burden of proof and must establish the defendant’s guilt beyond a reasonable doubt. The presumption of innocence protects the accused from being subjected to punishment or other negative consequences on mere suspicion or accusation. It maintains a balance between the state’s power to prosecute offenders and the individual’s right to liberty and due process. By placing the burden of proof on the prosecution, the legal system seeks to minimize the risk of convicting innocent persons and to uphold the principle that it is better to let a guilty person go free than to imprison an innocent one. Jury Trial vs. Judge TrialThe right to a trial also encompasses the choice between jury trials and judge trials in some legal systems. In a jury trial, a group of impartial citizens is selected to determine the guilt or innocence of the accused. The jury is responsible for evaluating the evidence presented and deliberating on the case to reach a verdict. A judge trial, on the other hand, involves a judge alone deciding the outcome of the case. The judge is responsible for hearing and examining the evidence, as well as providing a legal analysis and rendering a verdict. The choice between a jury trial and a judge trial depends on several factors, including the nature of the case, the defendant’s preferences, and the legal system’s rules. Both systems have their own advantages and drawbacks, but the availability of these options ensures that the defendant has a greater degree of control over the trial process and access to justice. Unpredictability of Trial OutcomesDespite the safeguards and principles that govern the right to a trial, the outcome of a trial can still be unpredictable. Numerous factors can influence a trial’s outcome, such as the quality of the evidence, the credibility of witnesses, the effectiveness of legal representation, and the jury or judge’s perspectives. The unpredictability of trial outcomes can sometimes result in miscarriages of justice, where innocent people are wrongfully convicted or guilty persons avoid conviction. In some cases, the defendant may be acquitted despite strong evidence of guilt, or convicted based on weak or unreliable evidence. However, the very uncertainty of trial outcomes serves as a reminder of the importance of due process and the need for a fair and impartial system of justice. Reason 2: Potential for a Better OutcomeOne of the reasons why a defendant might choose to go to trial rather than accept a plea bargain is the potential for a better outcome. This could be due to various factors, such as a weak prosecution case, the exclusion of improperly obtained evidence, effective legal defense strategies, and challenges to witness credibility. In these situations, the defendant may believe that their chances of being acquitted or receiving a lesser sentence if convicted are greater if they go to trial. Weak Prosecution CaseA weak prosecution case is often a significant reason for opting to go to trial. If the prosecution does not have sufficient evidence to prove the defendant’s guilt beyond a reasonable doubt, the defendant may choose to put their fate in the hands of a jury. In many instances, weaknesses in the prosecution’s case can be exploited by a skilled defense attorney who can cast doubt on the charges and potentially sway the jury toward a not-guilty verdict. Even if the defendant is not entirely vindicated, a jury might convict on lesser charges, leading to a less severe sentence than that offered in a plea deal. Exclusion of Improperly Obtained EvidenceAnother reason a defendant may choose to go to trial is if some of the crucial evidence against them was gathered unlawfully. The United States Constitution provides certain protections and rights to citizens, such as the Fourth Amendment right against unreasonable searches and seizures. If it can be shown that evidence was obtained in violation of these rights, the court may exclude such evidence from the trial. A seasoned defense attorney can challenge the admissibility of evidence in pretrial motions, potentially weakening the prosecution’s case significantly. In situations where important evidence is excluded, a defendant’s chances of acquittal or a more favorable outcome might be significantly increased by going to trial. Effective Legal Defense StrategiesA well-crafted legal defense strategy can make a critical difference in the outcome of a trial. These strategies can include casting doubt on the reliability of evidence, identifying alternative suspects, and presenting alibis or other evidence showing the defendant’s innocence. Sometimes, the mere presence of an effective defense can lead to the prosecution dropping or reducing the charges prior to trial. A defendant who has a strong legal defense may be more inclined to take their chances at trial rather than accepting a plea agreement that could result in unnecessarily severe penalties. Challenges to Witness CredibilityWitness credibility is a crucial aspect of many criminal trials, and challenges to a witness’s credibility can sometimes sway the outcome in favor of the defendant. Witnesses can be cross-examined by defense attorneys during a trial, which may reveal inconsistencies in their testimony, biased motives, or reasons to doubt their veracity. In some cases, a defense attorney might be able to present evidence showing that a witness is unreliable or has a history of dishonesty. If the prosecution’s case hinges on the testimony of one or a few witnesses, a successful challenge to their credibility could lead to an acquittal or a more favorable verdict. The potential for a better outcome can be a significant motivator for defendants to opt for a trial rather than accepting a plea bargain. By carefully analyzing the strength of the prosecution’s case, the admissibility of evidence, the availability of effective legal defense strategies, and the credibility of witnesses, defendants and their attorneys can make a better-informed decision on whether to pursue a trial or accept a plea agreement. Reason 3: Risk of Harsher Sentencing in Plea BargainsOne significant issue with plea bargaining is the risk of harsher sentencing for defendants who may be innocent or have a strong defense. There are several factors contributing to this problem, including inaccurate assessments of case strength, pressure to resolve cases quickly, lack of transparency in plea bargain negotiations, and the long-term implications of a criminal conviction. Inaccurate Assessment of Case StrengthProsecutors and defense attorneys both have incentives to misjudge or overstate the strength of their own cases to secure a desirable outcome. For example, prosecutors may exaggerate the evidence against a defendant to encourage them to accept a plea deal, while defense attorneys may downplay the same evidence to convince their clients to go to trial. This can lead to defendants accepting plea bargains even when they have a strong defense or are innocent of the charges. In other instances, the defendant may be unaware of the strength of their case due to ineffective counsel or lack of access to the full evidence against them. This can result in defendants agreeing to plea deals that are worse than the sentences they would likely receive if they went to trial and were found guilty. Pressure to Resolve Cases QuicklyThe criminal justice system is often overwhelmed with a large number of cases, and plea bargaining can be an efficient way to resolve many cases quickly. As a result, there may be pressure on defense attorneys, prosecutors, and the courts to use plea bargaining to handle cases expeditiously rather than taking the time to properly evaluate each case’s merits. This pressure can also result in a “culture of bargaining” where plea deals are seen as the norm or even expected in certain types of cases, creating a presumption that defendants will ultimately accept a plea bargain rather than contest their charges. Consequently, defendants may feel compelled to accept a plea offer to avoid the risks or expenses associated with going to trial, even when they may have a strong defense. Lack of Transparency in Plea Bargain NegotiationsPlea negotiations often occur behind closed doors, with little to no oversight or scrutiny from the courts or other outside parties. This lack of transparency can lead to uneven bargaining power between the prosecution and defense and allow prosecutors to make overly generous or overly harsh plea offers with little accountability. Additionally, research has shown that certain factors unrelated to the merits of the case, such as a defendant’s race, socio-economic background, or prior criminal record, can influence the outcome of plea negotiations. This lack of transparency can perpetuate these inequities and lead to harsher sentencing outcomes for certain groups in the plea bargaining process. Long-Term Implications of a Criminal ConvictionAccepting a plea bargain often results in a defendant having a criminal conviction on their record. This can have long-lasting consequences, affecting everything from housing and employment options to the ability to vote or access public benefits. Defendants may not fully understand the consequences of accepting a plea offer, as they may weigh the rejection risks – such as a potentially lengthier sentence – far more heavily than the long-term implications of a conviction. Considering these factors, it is evident that the risk of harsher sentencing in plea bargains is a significant issue in the criminal justice system. To mitigate these risks, measures must be taken to ensure more accurate assessments of case strength, a fair and transparent negotiation process, and better support for defendants in understanding the long-term ramifications of their decisions. Reason 4: Impact on Your Criminal RecordThe impact of having a criminal record can affect various aspects of your life, including employment, housing, and even personal relationships. There are different levels of crimes, such as felonies and misdemeanors, and understanding the consequences of each is essential to understanding how a criminal record can affect you. There are options for expungement or sealing of criminal records, but not everyone is eligible for these options – this highlights the importance of knowing your rights and understanding the long-term consequences of your actions. Permanent Criminal RecordA criminal record is a permanent record of your criminal history, including any arrests, charges, convictions, and sentences you have faced. This information is available to law enforcement agencies, courts, and various other entities, such as employers and landlords who may require a background check. Having a criminal record can seriously impact your future opportunities and quality of life. It may affect your ability to find a job, secure housing, or even obtain certain professional licenses. Depending on the severity of your crimes, a criminal record may result in the loss of your right to vote or own a firearm. Consequences of a Felony vs. Misdemeanor ConvictionA felony conviction typically carries more severe penalties than a misdemeanor conviction. A felony is a serious crime that may result in imprisonment for more than one year, while a misdemeanor is a less serious crime that typically results in a shorter jail sentence or fines. The repercussions of having a felony versus a misdemeanor on your criminal record may vary. Felonies are seen as more severe, and thus can have a more significant impact on your life. For example, some professional licensing boards may deny you a license or revoke an existing one based on a felony conviction. Additionally, certain felony convictions may prevent you from being able to hold public office or serve on a jury. On the other hand, misdemeanor convictions may not have as significant an impact as a felony, but they can still restrict your opportunities. For example, some employers may be hesitant to hire someone with a misdemeanor conviction, and landlords may be more skeptical when conducting background checks. Employment and Housing OpportunitiesA criminal record can make it difficult to secure employment or housing. Many employers and landlords require background checks, and a criminal record may be seen as an indicator of untrustworthiness or unreliability. In some cases, employers may be legally prohibited from hiring individuals with certain types of criminal records, such as those who have been convicted of a sex crime or a violent felony. Similarly, some landlords may refuse to rent to applicants with specific types of criminal records, such as drug-related offenses or convictions related to property damage. It is important to note that discrimination based on criminal history is illegal in some jurisdictions. However, it can still be an uphill battle for individuals with a criminal record to find a job or secure housing, as the stigma of a criminal history often persists despite legal protections. Options for Expungement or SealingUnder certain circumstances, individuals with criminal records may have the opportunity to have their records expunged or sealed. Expungement refers to the process of removing a conviction from your criminal record while sealing involves restricting access to your criminal record so that it is not visible in most background checks. Eligibility for expungement or sealing in Michigan can rely heavily on the type of crime, the outcome of the criminal case, and the time that has passed since the conviction or arrest. In some cases, individuals must also demonstrate that they have maintained a clean record since their initial conviction and that they have not been convicted of any further crimes. It is essential to understand that not everyone with a criminal record will be eligible for expungement or sealing. As a result, it is crucial to be aware of the potential long-term consequences of a criminal conviction before making decisions that could result in such an outcome. Reason 5: Emotional and Psychological FactorsPeople plead guilty to crimes they didn’t commit for various reasons, including the strong emotional and psychological factors at play in the criminal justice system. These factors can push individuals to make decisions that can have long-lasting repercussions. Sense of InjusticeFacing criminal charges can be a shocking and life-altering experience for the accused. When someone is innocent but still faces charges, they might experience a strong sense of injustice. This feeling can manifest in different ways, such as anger, fear, sadness, or even a desire to prove that the system is wrong. Some individuals may choose to plead guilty to move past the situation, even if it means sacrificing their innocence in the process. They may feel powerless to correct the injustice and might agree to a guilty plea as a way to regain some control or for closure. Furthermore, some might calculate that pleading guilty would result in a lesser punishment than if they were to go to trial and lose, where they could face harsher consequences. Accepting Responsibility for a Crime You Didn’t CommitThe decision to plead guilty can also be influenced by the desire to take responsibility and protect oneself or others. Some people may believe that confessing their guilt will end the ordeal and allow them to move on with their lives. In some instances, pleading guilty might be viewed as an act of self-preservation, particularly when facing the possibility of a lengthy incarceration or a wrongful conviction. At times, people might also take the blame to protect others, such as family members, friends, or gang affiliations. They may feel a sense of loyalty to these individuals and choose to plead guilty to protect them from prosecution, regardless of their own innocence. Impact on Reputation and RelationshipsAn individual’s reputation and personal relationships can also be deeply affected by criminal charges, regardless of their guilt or innocence. If friends, family, or the community believe that someone is guilty, they might distance themselves, which can lead to feelings of isolation and despair. Stigmatization can impact an accused person’s mental health, self-esteem, and overall well-being. For some, pleading guilty may be seen as a way to mitigate the damage to their reputation and relationship with others by ending the legal process as quickly as possible. They might hope that a guilty plea will reduce the amount of publicity and gossip surrounding their case, and that it will allow them to rebuild their lives more easily. Regret and Dealing with the ConsequencesMaking the decision to plead guilty to a crime one didn’t commit often leads to deep regret and long-lasting consequences. The stigma of a criminal conviction can have far-reaching implications on a person’s life, ranging from difficulty finding employment and housing to the loss of friendships and strained family relationships. Some may struggle to come to terms with their decision even after serving their sentence, grappling with feelings of guilt, shame, and anger. The process of reentering society can be challenging and full of obstacles for those with a criminal record. Being labeled as a convicted criminal can have lifelong psychological and emotional repercussions, making it essential for the individual to seek professional help to cope with the aftermath of their decision.
Working with a Skilled Michigan Criminal Defense Attorney from Michigan Defense LawWhen faced with charges and the potential of a conviction, accepting a plea bargain may seem like the most viable option. However, it is important to weigh the consequences of entering a guilty plea, especially in light of the longstanding legal and non-legal impacts of a conviction. To ensure that you make an informed decision, getting the help of an experienced Michigan criminal defense attorney is crucial. At Michigan Defense Law, our team of top-rated criminal defense attorneys offers a comprehensive case evaluation to identify weaknesses in the prosecution’s case. Our attorneys provide skilled legal counsel and strategic guidance and can leverage their negotiation skills to secure a more favorable plea deal. We work diligently to explore legal recourses to reduce charges and penalties, identify alternatives to incarceration, and serve as your advocate throughout the process. We can help protect your rights and assist you in navigating the legal system with confidence. Do not leave the matter of your legal defense up to chance. Contact us today to schedule a consultation at (248) 451-2200.
via Michigan Defense Law https://www.michigandefenselaw.com/blog/top-5-reasons-why-you-should-not-take-a-plea-bargain-in-michigan/ If you have been convicted of a felony in Michigan, you will lose your right to possess a firearm both at the state and federal levels. Under Michigan Penal Code Act 328, Section 750.224f, you will not be allowed to “possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state” until certain conditions are met. Getting the help of a skilled expungement attorney to represent you and protect your rights is important. If you’re in Michigan and need a lawyer for expungement, Paul J. Tafelski, a top-rated Michigan expungement attorney, may be able to help you restore your right to gun ownership and provide a strong legal argument for your expungement case. Contact Michigan Defense Law today at (248) 451-2200 to schedule a free consultation. How Does Michigan Law Restrict Gun Ownership After a Felony?Penal code MCL 750.224f sets out gun restrictions depending on the type of felony that the conviction was for. If the felony you were convicted of involved:
you will not be able to possess, purchase, use, transport, or sell any firearm or ammunition in the state of Michigan until five years after you have completed the following:
If your conviction was for another type of felony or other crime punishable by four or more years in prison, you can’t possess, purchase, use, transport, or sell any firearm or ammunition in the state of Michigan until three years after you have served your terms, paid your fines, and completed your probation or parole requirements. In addition, although it is possible to reinstate your gun rights with the help of an experienced Michigan gun rights lawyer, you cannot legally possess any firearm or ammunition under federal law – ever. But if you have your criminal record expunged, unless expressly forbidden, your rights can be restored both at the state and federal levels. Can a Felon Own a Gun in Michigan?If you have a previous felony conviction (or have committed a crime punishable by four or more years in prison), it is unlawful for you to possess, use, transport, sell, or buy firearms or ammunition in Michigan until three years have passed and after you meet the following criteria:
Non-compliance with these regulations constitutes a felony offense and can lead to a maximum prison sentence of five years, along with fines of up to $5,000. Each violation of this provision is considered as an independent offense according to Michigan law. For instance, if you are discovered to have used firearms twice, say while hunting, in violation of this section, you may face a maximum of ten years in jail and fines totaling $10,000, regardless of the number of weapons or ammunition involved. In order to restore your firearm ownership rights following a particular felony conviction, you are required to submit an application to a Michigan superior court. The judge will assess your request and may grant it if you provide compelling evidence that satisfies the following criteria:
If your application is rejected by the judge, you will need to wait for a full year before reapplying. Therefore, it is recommended to seek the assistance of a Michigan firearms lawyer who can help you complete the application accurately and gather evidence of your good character. At Michigan Defense Law, our lawyers can provide guidance and representation to individuals seeking the reinstatement of their firearm ownership rights after a felony conviction. Contact us today for skilled and personalized assistance. How Can You Get Your Record Expunged?Expungement is when the court agrees to set aside a non-violent criminal record. Under certain conditions, individuals with specific misdemeanor and felony convictions in Michigan can have their records shielded from the public. After expungement, records are no longer available to the public but are still maintained by state and federal law enforcement agencies. The recent Clean Slate Act in Michigan has also made significant progress in expanding the rights of more individuals with non-violent criminal records to get their records expunged. The Act has provided for
When you have your record expunged, the court can restore your right to bear arms.
Getting the Help of an Experienced Michigan Gun Rights AttorneyIf you have a criminal record, there are many benefits of having your record expunged if you are eligible, including having your gun rights reinstated. If you have questions regarding expungement or gun rights reinstatement, Paul J. Tafelski and the criminal defense team at Michigan Defense Law can help. Call us at (248) 451-2200 or contact us to schedule a free consultation to discuss your options. via Michigan Defense Law https://www.michigandefenselaw.com/blog/does-expungement-restore-gun-rights-in-michigan/ Michigan has established laws that regulate the age at which individuals can legally consent to sexual activities. These laws are put in place to protect minors from exploitation and ensure their safety. However, understanding Michigan’s age of consent law can be complex and nuanced, as it involves various factors such as age differentials, specific types of sexual activities, and potential legal consequences. When faced with legal issues pertaining to Michigan’s age of consent law, seeking the guidance of a knowledgeable Michigan sex crime lawyer can be crucial. Whether you are facing accusations, need advice about common sex crime charge defenses, or require representation in court, the team of skilled sex crime lawyers of Michigan Defense Law may be able to help protect your rights, explain the applicable laws, and help you build a strong defense against your case. Having an experienced Michigan sex crime attorney by your side can significantly impact the outcome of your situation and ensure your rights are safeguarded. Contact us today at (248) 451-2200 to schedule a consultation. In Michigan, There is No Romeo and Juliet LawIn many states, statutory rape laws permit consensual sexual contact between adolescents who are close in age. These exceptions are known as close-in-age exceptions, or “Romeo and Juliet” laws. Michigan law does not have a close-in-age exemption – in Michigan, it is possible for an 18-year-old to be charged with criminal sexual conduct for engaging in consensual sex with a 15-year-old partner. Federal Age of ConsentIn Michigan, the age of consent plays a crucial role in defining the legality of sexual relationships involving minors and adults. Understanding these laws is essential to ensure compliance and avoid potential criminal charges. According to Michigan law, the minimum age for consensual sex with an adult is 16 years old. Individuals aged 15 or younger are unable to legally give consent to sexual activity, and adults engaging in such activities may face charges of statutory rape. These laws aim to protect minors from exploitation and ensure their safety and well-being. It’s important to note, however, that Michigan statutory rape laws establish a higher age of consent of 18 years old when an older individual holds an authoritative position, such as a teacher. This provision prohibits any sexual relations between high school or grade school teachers and their students. Even if an individual accused of statutory rape claims to be unaware of their partner’s age, Michigan law does not consider a mistaken belief regarding age as a valid defense. The burden of proof lies with the prosecutor, who must establish beyond a reasonable doubt that no consent was given. A conviction for statutory rape carries severe consequences, including social stigma, difficulty in securing employment, and loss of educational opportunities. The legislature in Michigan has enacted laws to safeguard individuals who have not reached the designated age, recognizing their incapacity to provide consent for sexual activity.
The Parties’ Ages Determine How Statutory Rape is ChargedAlthough Michigan does not have a close-in-age exemption to statutory rape charges like some other states have, the involved parties’ ages do have an impact on how an alleged act of criminal sexual conduct is charged. Additionally, the older party’s relationship with the younger party impacts how this offense is charged. Depending on the circumstances at play, criminal sexual conduct may be charged as a first, second, or third-degree felony or, in the case of criminal sexual conduct in the fourth degree, a misdemeanor. The penalties for this conviction include fines, incarceration, and required registration with the Michigan Sex Offender Registry. When both parties involved in an alleged incident of statutory rape are minors, the older party may only be charged with this crime if the two engaged in oral sex or sexual intercourse. Other consensual sexual activities, like touching meant to arouse the participants, is legally permissible. Although 16- and 17-year-olds may consent to sex with adults, they cannot consent to sexual contact with teachers and other school employees. When a school employee engages in sexual contact with an adolescent otherwise old enough to consent to it, the adult may face a third-degree criminal sexual conduct charge. If the child was between 13 and 16 years old when the sexual contact occurred, the adult faces a second-degree charge. Mistaking a minor to be older than his or her actual age is not a valid defense to a statutory rape charge in Michigan. Violating the Age of Consent in MichiganIn Michigan, it is considered third-degree criminal sexual misconduct or statutory rape if someone violates the age of consent. Michigan law states that anyone under 16 cannot consent to any sexual activity. If someone commits a sex act with a person under the age of 16, they may be charged with violation of the age of consent. This is a felony charge. Michigan’s criminal sexual misconduct penalties are severe. They often include a sentence of imprisonment and high fines. People convicted for criminal sexual misconduct may be subject to surveillance throughout their entire lives. This means they must register as sex offenders, which can have a significant impact on their future. Apart from statutory rape, there’s also the crime of engaging in the sexual penetration of a child under 13 years old. This carries a maximum sentence of 25 years, but at times sentences can be even more severe. It is important to remember that Michigan’s sexual activities are not limited to sex acts. If proven beyond a reasonable doubt, even touching over clothing could be sufficient to convict someone of criminal sexual activity. If you make an honest error and believe the person with whom you were having sex was over the age of consent, what happens? Making a mistake is not considered a defense. You will be charged with criminal sexual activity. Even if an underage person lies to you, or claims they are older than you, this rule still applies. Work with an Experienced Michigan Criminal Defense LawyerAlthough you cannot defend your case against a criminal sexual conduct charge by claiming you did not know your young partner’s true age, you can fight the charge through other legal defense strategies. To learn more about these strategies, your rights, and how to approach this type of charge, contact Michigan Defense Law today to set up your legal consultation with an experienced criminal defense lawyer. via Michigan Defense Law https://www.michigandefenselaw.com/blog/understanding-michigans-age-consent-law/ Violating probation can result in serious legal consequences. When someone is on probation, they are required to adhere to specific conditions set by the court as an alternative to imprisonment. However, failing to comply with these conditions, such as missing appointments, failing drug tests, or committing new offenses, can result in probation violations. Understanding the implications of violating probation and seeking legal guidance in such situations is crucial to protecting one’s rights and navigating the legal process effectively. If you are unsure regarding what acts constitute a probation violation, seeking professional legal assistance can make a significant difference in the outcome. At Michigan Defense Law, our experienced Michigan probation violation lawyers can provide guidance and representation to protect your interests. We understand the complexities of Michigan probation laws and can help you navigate through the legal system to achieve the best possible outcome for your situation. Call us at (248) 451-2200 for a confidential consultation and let us help you through this challenging time. Some Alcohol-Related Conviction Require Random Testing as a Condition of ProbationInterviewer: How does someone violate probation? Paul Tafelski: Let me give an example involving a drunk-driving case. Let’s say you get put on probation for drunk driving and one of the terms of probation is that you’re not allowed to use alcohol and you have to take random breath tests. With random breath tests, you usually have to call a phone number every morning and listen to a recorded message. You will be assigned a certain color, and if your color is announced on that message, then you have to report to take a breath test between 7:00 a.m. and 9:00 a.m. somewhere designated by the court. Let’s also say you oversleep that day and you miss the test when it was your designated time. Most courts will then send you a notice that you have violated your probation by failing to appear for the breath test, and then you’ll have to appear in front of the judge to answer that violation of probation. And so that would be one way to do it. Another way would be is if you’re blue in the test, which means that’s a positive for alcohol. Another way would be if you don’t pay all your fines and costs. Another way is if you don’t complete your community service within a designated amount of time or you don’t complete your outpatient counseling as ordered by the court within the time allowed to do that. Essentially, you can violate your probation for failing to properly complete anything that the court ordered you to do. It Is a Violation to Be Accused of Another Crime While on ProbationInterviewer: What if someone gets accused of another crime while they’re on probation? Paul Tafelski: That will always be a violation of probation. One of the terms of probation pretty much every judge will always give you is that you are not to engage in any new criminal activity. If you get arrested and charged with a new crime, technically you’re innocent until proven guilty, but that may not stop the current court from violating your probation. Their stance will be to prove that you were engaged in new criminal activity and, therefore, violated your probation. What Are the Consequences of Violating Probation?Interviewer: What are the consequences of violating probation? Jail and Prison Terms Are Common Penalties for Probation ViolationsPaul Tafelski: That’s what makes them so risky for people because the consequences are anything at all that the judge wants to do up to the maximum penalty. Some misdemeanors have a maximum penalty of one year in jail; most are 93 days in jail. And felonies can have maximum penalties all the way up to life in prison. So if you violate your probation, the judge can choose to go easy on you or to be very harsh on you. And there’s really nothing to stop them. So that’s why these things are so risky. And you take the example of a person who has never been in trouble before and they pick up a misdemeanor crime, let’s say, and they get put on probation. Well, they probably avoided jail time because they had a clean record and they presented themselves well at court and so they get probation instead of any jail time. But then two months later, if they violate their probation, now all of a sudden they’re not the innocent little lamb that they were when they first came in. There’s a much greater chance that the judge is going to put them in jail. And if they then violate again on a second violation or a third violation of probation, the punishments get much more extreme, typically, because the court thinks that you’re being disrespectful in ignoring their orders. How Are the Attitudes of the Probation Officers Toward the Individuals They Supervise?Interviewer: Are the probation officers typically advocates for the individual? Or, could they be someone that could cause some problems? Paul Tafelski: Usually, the probation officer is somebody who has a ton of people that they are supervising, and they have to stay very organized and they have to follow very diligent rules. And so some courts are more lenient and will work with the defendant more and cut them some slack. Other courts have a zero-tolerance policy and will just violate you as soon as you make one mistake. I like to tell clients that ninety percent may be an “A” on your algebra test, but it’s an “E” in your probation performance. You basically have to have a hundred percent to be sure that you’re not going to get into trouble with the court. It Is Possible to Apply for an Early Termination of Probation?Interviewer: When you’re working with a client, can you usually petition the court to end someone’s probation early for good behavior? Paul Tafelski: Many times, we’ve been successful at filing a motion to terminate probation. And usually, we can come up with a good reason like they’re applying to college and don’t want to be on probation at that time, or they want to get into the military and can’t be on probation. There are a number of different reasons where it makes sense to terminate them early and we have been successful in those motions on a fairly regular basis. Do Some Individuals Unknowingly Violate Probation?Interviewer: What are the top misconceptions that people have about probation? Also, how do people violate their probation without meaning to? Paul Tafelski: The most common situation where they violate when they don’t mean to is when they’re just disorganized, or they’ve got some other kind of personal problems going on. They just fail to meet their deadlines for completing things, or they oversleep and miss tests, or they accidentally take something that will cause them to have a positive drug test. For example, somebody gave them cough syrup with codeine in it, and then they took it for a cold and tested positive on a drug test. It’s usually things where people are not paying close attention to what their obligations are where they’ll make a mistake and unintentionally violate. Some People Do Underestimate the Seriousness of ProbationInterviewer: And what are some of the misconceptions that people have about probation? Do people take it for granted sometimes? Paul Tafelski: Well, I think the biggest misconception is that it’s not a very serious process. And what I mean is that people think, for example, that I did almost everything right, and that that’s going to be good enough. In most courts, that won’t be good enough. And it really is a situation where you need to become very familiar with the terms and conditions of your probation. You should be very familiar with what your probation officer expects out of you and make sure that you’re doing everything exactly the way they want it. Probation Will Not Always Entail Drug TestingInterviewer: In probation, will there always be drug tests involved? Paul Tafelski: No, not always. It usually depends upon the nature of the crime and the defendant’s prior history. There would be a good argument for the criminal defense attorney to make to prevent drug testing or alcohol testing if the crime really had nothing to do with drugs or alcohol—and if the person doesn’t have a significant history involving drugs or alcohol. Because some judges do like to throw that kind of testing into almost all probation sentences they give, but in reality, they’re not supposed to do it unless it’s got some relationship to the offense. Is Missing a Meeting with the Probation Officer an Automatic Violation?Interviewer: So what happens if someone misses reporting in to the probation officer? Is it an automatic violation? Paul Tafelski: From my experience, most of the probation officers will work with you if you’re late or if you get stuck in traffic or you couldn’t get out of work, they’ll work with you. But if you just miss an appointment altogether, it would not be unusual for them to violate your probation just for that. They assume that you’re up to no good whenever you don’t do something that they told you to do. 1st Failed Drug Test on ProbationFailing a drug test while under probation can result in a range of consequences within the legal system. When probation officers become aware of the violation, they will inform the judge. Subsequently, the judge will evaluate the situation and decide whether to extend the probation period, impose a jail sentence, or impose additional conditions. Additionally, it is important to note that you may be required to engage in drug rehabilitation classes and counseling sessions as components of a mandatory treatment program. It is crucial to emphasize that you have the right to a hearing where the judge would decide on the appropriate sentence for the violation. Upon determining your guilt for the probation violation, the court will impose a sentence, the severity of which will depend upon the nature and gravity of the violation. It is possible that you may have to serve the remaining portion of your original sentence in jail. You might also lose any benefits granted as part of your probation that prevent the conviction from appearing on your record, such as benefits for juvenile convicts. Additionally, depending on the frequency of drug tests during your probation period, the court may increase the frequency of random testing. Furthermore, the court may require you to participate in additional counseling, community service programs, or a court-ordered rehabilitation program. Facing a probation violation, especially due to a failed drug test, can be a daunting and overwhelming experience. However, the skilled Michigan probation violation lawyers at Michigan Defense Law can provide you with legal representation and guidance throughout the process. They can assess your case, plan a strong defense, and tirelessly safeguard your rights through the legal process. To arrange a consultation and address your probation violation situation, contact us today at (248) 451-2200.
via Michigan Defense Law https://www.michigandefenselaw.com/blog/violating-probation/ Attorney Paul Tafelski is a criminal defense attorney who has been handling drug-related cases in Michigan for almost 20 years. He sees a number of different types of cases, related to every kind of situation you might imagine. At Michigan Defense Law, our Michigan criminal defense lawyers, led by attorney Tafelski, have a deep understanding of Michigan’s drug laws and can fight to safeguard your interests. A drug charge can have severe consequences, it is crucial to seek legal guidance from a skilled lawyer when facing drug charge penalties in Michigan. Our lawyers can provide the legal representation that you need to protect your rights and achieve the best possible outcome for your case. Contact us today at (248) 451-2200 to schedule a free consultation and take the first step toward building a strong defense. Is Possession of a Controlled Substance a Felony?Federal agents and local law enforcement in Michigan have joined forces to combat the illicit drug trade by apprehending and prosecuting individuals found in possession of controlled substances. There are five distinct schedules in which various substances, such as narcotics and prescription drugs, are categorized. Schedule I and II drugs are highly susceptible to abuse and lack recognized medical value, whereas substances in Schedules III to V have a lower potential for abuse and offer some medicinal benefits. Section 333.7403 of the Michigan Public Health Code contains the guidelines concerning drug possession regulations in Michigan. As per the law in Michigan, it is illegal to possess a controlled substance, a controlled substance analogue, or a prescription form without a valid prescription, when done knowingly or intentionally. Michigan enforces some of the most stringent drug laws in the United States, and individuals convicted of possessing controlled substances may face imprisonment and fines. Moreover, certain Michigan courts are renowned for their strict and unwavering approach toward drug offenders. Michigan state prosecutors are dedicated to vigorously pursuing convictions when individuals are discovered in possession of Schedule I or II drugs such as heroin, cocaine, ecstasy, and methamphetamine, as well as Schedule III-IV drugs, which encompass certain prescription medications. Any offenses involving the use of a controlled substance are classified as misdemeanors, while possession of heroin, cocaine, ecstasy, and methamphetamine is categorized as felonies. Furthermore, the possession of any controlled substance or possession with the intent to distribute is also classified as a felony offense. If you’ve been charged with a drug offense, it’s crucial to seek the guidance and support of an experienced Michigan criminal defense lawyer. At Michigan Defense Law, our skilled lawyers can provide representation and strive for the best possible outcome in your case. Contact us today and take the first step towards safeguarding your future. How Often Are Charges Either Reduced Or Dropped?In the majority of cases where the client doesn’t have prior drug convictions, attorneys are able to work out some kind of deal for them to either lower the charges or give them an opportunity to get the charges dismissed and ultimately keep their record clean. However, once they already have prior drug convictions, then it becomes more difficult but still there are times when attorneys are successful even in those situations. So, you never want to give up until you’ve exhausted every effort to try to get the best possible outcome. What Sets The Michigan Defense Law Apart In Dealing With Drug Charge Cases?Experience sets the Michigan Defense Law apart. They have been doing this for many years and in many different locations. They’re familiar with the mistakes that sometimes get made by the police, there are some of the misconduct that occurs at the hands of the police where drugs were found improperly or a stop isn’t proper. They know where to look to try to challenge the evidence. In the event that there is an illegal arrest or an illegal search, they’re able to identify that and challenge it. They also understand the problems people face with the drugs and the type of complications that occur in their life and through experience, they’re able to present those things in a way that appears more favorable to the client and it usually gets them some extra considerations by the prosecutor or the judge when it comes to sentencing because they know how to best present their client’s situation and how they got to that point and what they’re going to do about it and how they’re going to make their lives better. Overall, it’s familiarity and experience with clients facing these kinds of problems and the court systems and how they deal with it. What Options Do People Have Once They Are Arrested And Charged With Possession Of Drugs?Many times, people who get arrested and charged with a possession of drugs, especially marijuana or other types of street drugs, they don’t feel they have much alternative but to show up in court and throw themselves at the mercy of the court. People need to realize that even if you happen to be totally guilty and caught red-handed and the police didn’t do anything wrong, there is still a lot that can be done to help your situation, whether it be keeping this conviction off of your record or keeping your driving privileges or minimizing how long you’re on probation and what the terms and conditions are going to be. There are definitely things that can be done to make this less of a problem than it may otherwise be. For example, on any felony, the judge can put you on probation for up to 5 years even if they don’t put you in jail. During that 5 years, they can make you do drug and alcohol tests 3 or 4 times a week for the whole period. In case if you violate, they can put you in jail and send you to prison. If you were going to get 3 years of probation and instead you got one-year probation, that would be a much better outcome for you. So you have to look at all the details because people don’t appreciate how difficult the court can make things on them if they don’t put their best foot forward and don’t understand what the court wants from them when facing a drug charge. If you want to contact a criminal defense attorney after a drug charge, call Michigan Defense Law for a free initial consultation at (248) 451-2200 and get the information and legal answers you’re seeking.
via Michigan Defense Law https://www.michigandefenselaw.com/blog/why-should-you-contact-a-criminal-defense-attorney-after-a-drug-charge/ The majority of times in a domestic violence, one or both of the parties have been drinking alcohol. It’s rare to see drugs as the cause of anger. In fact, drugs are less often involved in domestic violence cases than just two sober people who get into an argument, but alcohol is very frequently involved. Sometimes it makes the case worse, and sometimes it doesn’t because we are able to convince the court that there is not an alcohol problem there, but for a particular situation combined with the use of alcohol, this never would occur. Alcohol can make the situation worse if the person has a history of problems with alcohol and a history of criminal cases involving alcohol; those issues start to raise concerns in the court. It’s an issue that has to be dealt with but mostly alcohol is involved. If you’re facing domestic violence charges and wondering about the impact of alcohol and drugs on your case, seek the assistance of a skilled legal professional who can provide competent guidance and support. At Michigan Defense Law, our skilled Michigan domestic violence lawyers can provide quality representation and create defense strategies tailored to your situation, including cases involving individuals accused of domestic violence. Contact us at (248) 451-2200 to schedule a free consultation today. Could Police Officers Question My Child Without My Consent in a Domestic Violence Case?If the child is a witness, the police will often interview the witness. Most of the time domestic violence involves both parents, so the child saw that the parent who is the victim is making the police report. The police will interview whatever witnesses are present. Usually when they are investigating a crime, they will interview the children. Can Child Protective Services Be Involved?Yes, quite often if domestic violence occurs while there are children present in the household or if the kids witness it, or if the kids are the victim, then the protective services gets called by the police and that opens up a whole another situation for the client. If Children Aren’t Present During a Conflict, Can My Parental Rights Still Be in Jeopardy?Not typically in the criminal case, but it can come into play because the court system in your domestic violence case will often enter what’s called a no-contact order. It will prohibit you from having any contact with the alleged victim of the crime, which often includes prohibiting you from going back to the marital home while the case is pending, so indirectly, you may be prevented from seeing your kids because of the fact that you have this no-contact order. Another way it comes into play is that many times, we have had domestic violence cases that led to the filing of a complaint for divorce by one spouse against the other and then in that situation, the alleged victim will often use the allegation of domestic violence to try and gain an advantage in the custody situation. In a property settlement situation, even though it really shouldn’t have that much effect, it’s common for the alleged victim to try and use that to their advantage in a divorce case. What Types of Protection Orders Pertain To A Domestic Violence Case?Sometimes all of them do. Typically, in a domestic violence case, once you’re charged, the court at the time of arraignment will issue a no-contact order so that you cannot have any contact with the alleged victim of that domestic violence. Oftentimes, that victim will go to the circuit court and petition for a personal protection order, which is known as a PPO in order to try and further prevent that person from having any contact with them. A PPO is a civil order that is entered by a family court judge in the county where you reside but it has the potential to put somebody in jail if they violate the PPO. Usually you’re dealing with no-contact orders or PPOs in domestic violence cases and sometimes both. What If the Alleged Victim Tries to Contact the Accused in a Domestic Violence Case?There is going to be a no-contact order in place and the court will tell you that no contact means no contact, direct or indirect, even through a third person. The no-contact order really only applies against the person who is accused of the domestic violence; it prevents them from having contact with the other party. The alleged victim doesn’t get in any trouble for having contact with the accused and the accused is the one who has all the risk and vulnerability there. Typically, people think that if they are contacted by the victim, then it is okay to have that contact, but the truth is if you end up back in front of the judge, you’re the one that violated your bond condition and you’re the one who is at risk of being put into jail for violation of the bond condition. Therefore, if you’re going to be safe about your case, then you don’t want to respond to that contact no matter what. The person initiating the contact should go to the court and try to get the no-contact order lifted if they want to have contact.
Is Domestic Violence a Felony?Domestic violence, also referred to as intimate partner violence or domestic assault, occurs when an individual engages in physical aggression against a current or former intimate partner. In the state of Michigan, a domestic violence charge can lead to either a misdemeanor or felony offense, depending on the circumstances. It’s important to note that Michigan law does not classify domestic violence into different degrees of offense. According to Michigan law, domestic violence encompasses acts of assault or aggravated domestic assault committed against a current or former spouse, a person with whom they share a child with, is their cohabitant, or their former dating partner. Domestic violence is considered a criminal offense as outlined in MCL 750.81. Michigan classifies domestic violence into two categories: domestic assault and aggravated domestic assault. Both categories carry significant penalties, which are determined based on the nature of the crime and the number of prior convictions. Moreover, under specific circumstances, a misdemeanor domestic violence charge can be elevated to a felony offense. When facing domestic violence charges in Michigan, it is crucial to consult an experienced Michigan domestic violence lawyer. At Michigan Defense Law, our skilled attorneys have a deep understanding of Michigan’s laws and a proven track record of achieving favorable outcomes in domestic violence cases. Our team of lawyers is committed to safeguarding your rights and minimizing the potential consequences that you may encounter. Get in touch with us today to arrange a free consultation. For more information on Involvement of Drugs and Alcohol in a Domestic Violence Case, a free initial consultation is your next best step. Contact us and get the information and legal answers you’re seeking by calling (248) 451-2200 today. via Michigan Defense Law https://www.michigandefenselaw.com/blog/can-involvement-of-alcohol-and-drugs-aggravate-domestic-violence-charges/ |
About UsIf you or a loved one is facing criminal charges, it can be a traumatic and confusing time. That's why it's crucial to have a skilled and compassionate attorney by your side who will work tirelessly to protect your rights and defend your case. With Paul J. Tafelskj on your side, you can have peace of mind knowing that you have a tenacious advocate who will fight for you every step of the way. FIND US ONLINE Bitly Box Diigo Dropbox Evernote Postach.io Histre Inoreader Instapaper Nimbus OneDrive Onenote Raindrop.io Todoist Toodledo Trello Tumblr Weebly Wordpress Blogger Google Drive Youtube Map Related Links About.me Behance.net Dribbble.com taplink.at Gravatar.com Carrd.co Minds.com Justpaste.it issuu.com Linktr.ee Solo.to Pearltrees Follow.it 500px Feedspot Shutterfly Skillshare Feedly Alltop Feeder Bloglovin Netvibes Mystrikingly Archives
January 2023
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