Having a criminal record can have far-reaching effects on an individual’s life. Not only can it impact employment and housing, but it can also have an impact on child custody and other family legal matters. An experienced Michigan expungement lawyer can assist in having certain criminal convictions on your records shielded from public view. Contact Michigan Defense Law at (248) 451-2200 today to schedule a consultation and to learn more about how we can help. What is the New Expungement Law in Michigan?While our justice system is based on paying a debt to society, rehabilitating, and then moving on, many individuals are left with criminal records that force them to continue paying their debt throughout life. Those with criminal records may find themselves unable to get a job or rent an apartment. But there are proven social benefits to individuals being afforded second chances. According to a 2022 study conducted by the University of Michigan Law School, many who have criminal records expunged go on to experience better employment and wage opportunities. What is Expungement?Setting aside certain criminal records, often referred to as expungement, makes it possible for some with criminal records to get their records shielded from the public. Unfortunately, it was not available to many unless they had a very limited record. Many offenses were completely excluded from expungement eligibility entirely. Even those who qualified for expungement faced complex rules, court appearances, fees, and months of waiting. Consequently, nearly 95 percent of those who qualified for expungement didn’t even bother to apply. The new legislation removes many of these barriers for those who are eligible to expunge their record. Michigan’s New Clean Slate LawsIn Michigan, beginning in 2020, we began working to establish new “clean slate” laws that can help qualified individuals set aside certain criminal records. The clean slate package includes:
Expungement will shield a criminal conviction from the public, but it will still allow law enforcement and courts access to the information. Clean Slate for JuvenilesFurthermore, a Clean Slate for Kids package has been signed, providing a fresh start for juveniles exiting the juvenile justice system. This package has revised juvenile justice laws to seal juvenile offense court records from the public as well as create a process to automatically expunge juvenile records for individuals who don’t commit further offenses. Understanding if You May Be EligibleThese new laws put Michigan at the forefront of important legislation giving people their lives back after a criminal conviction. If you believe that you may qualify for an expungement under our new second chance laws, 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 case and your options. Via https://www.michigandefenselaw.com/blog/what-is-the-new-expungement-law-in-michigan/
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For many people, their first contact with the criminal justice system happens when they are charged with drunk driving. When someone is stopped for suspicion of drunk driving or DUI, they often become extremely nervous and overly chatty. They may think that they can talk the police officer into letting them go, or that being cooperative and doing all roadside tests will convince the police not to arrest them. Most people simply do not know their rights or know what to do when pulled over by the police on suspicion of drunk driving. If you are stopped for suspicion of DUI, it is important to say as little as possible until you are able to speak with an experienced Michigan DUI attorney. Being stopped does not mean that you are convicted. Therefore, it is important that you understand your rights when you are talking to law enforcement or before submitting to a breath test. When looking for a DUI attorney, it is important that you know what questions to ask them before using their service. With the right lawyer, you may be able to protect your rights and your freedom. At Michigan Defense Law, we may be able to create a solid defense strategy for you. Contact us today to schedule a free consultation. Laws Surrounding DUI Charges in MichiganMichigan law takes driving while impaired very seriously. It is against the law for anyone to drive while:
In Michigan, there are two primary charges dealing with driving under the influence of drugs or alcohol (many people use the term DUI):
Additional charges apply to those younger than 21. Penalties for a first offense may include fines, jail time, community service, a restricted driver’s license, and points on your driving record. Penalties become increasingly severe for subsequent offenses. What Happens if I Am Stopped?Even though you have been stopped for possibly driving under the influence of alcohol or drugs, you have legal rights. Being well-informed is the first step towards protecting your rights. If you are stopped on suspicion of drunk driving, what you do and say makes a difference. Therefore, it is best to know how to react and how to avoid escalating the situation. Remain calm (even if you have to fake it) and do not become antagonistic. Keep in mind that you do not have to state that you have consumed alcohol or drugs, and certainly do not volunteer specific information about any substances you may have consumed. Contrary to what you may have heard, you do not have to submit to field sobriety tests, which tend to be subjective and unreliable. You do have the right to have the stop recorded. If the police stop you because they believe you are driving under the influence, you probably feel that you need to talk with your attorney. Most people think they have a right to an attorney but are understandably confused about the circumstances. When people complain that they were not read their rights, they usually mean the Miranda Rights. These rights refer to a 1966 United States Supreme Court case called Miranda v. Arizona, which protects a person’s right to remain silent and not respond to questioning after being arrested. The Miranda warnings protect the 5th Amendment Right to Remain Silent, but also the 6th Amendment Right to counsel. The Supreme Court made this decision because the police interrogations at that time were often inherently coercive. The words do not have to be read in every situation. If the police arrest someone, before they question the arrested person, they must advise him or her of their Miranda Rights. Failing to do so means any statement made in violation of this rule can be suppressed or excluded. However, it is important to understand that technically, you are not in police custody at the time you are pulled over. You are merely being questioned by the police. Typically, after a DUI suspect is pulled over, the police ask basic questions such as whether the person has had anything to drink. Many people will respond, “oh, just a beer with dinner,” which is probably an underestimation. At that point, the police will go on to ask more questions. Therefore, a big portion of the police investigation happens before the person is arrested or in custody. Therefore, it is important to say as little as possible before speaking to a lawyer. Your Right to Have a Lawyer PresentThere is no right to counsel during a pre-arrest roadside questioning or a booking procedure. Generally, the right to counsel applies when the accused individual has been formally charged. Even though you may not be able to talk with your attorney when you have been stopped and are being questioned, you do have rights. You are not required to incriminate yourself in order to reply to questions posed by the police. Therefore, you should state clearly that you want your attorney to be present during questioning and request that you be permitted to contact your attorney at the earliest possible time. If you have already answered some questions, you can still request an attorney, and all questioning must stop until the attorney is present. Do I Have the Right to Make a Phone Call if I Am Stopped?There is no Michigan law that allows an individual to make a phone call when stopped. Some police agencies have regulations allowing an arrested person to make a phone call. However, in general, the right to make a phone call is actually a formality permitting the arrested person to call a family member or an attorney. If the person is not allowed to call an attorney, it may give rise to a defense on the grounds of self-incrimination and denial of the right to counsel, as provided by the 5th and 6th Amendments. However, Michigan courts have recognized that someone accused of DUI should be allowed a reasonable opportunity to telephone an attorney before deciding whether to submit to a breath test. Opinions are divided on this point. Some hold that if the police do not allow this and as a result, the defendant refuses to submit to the breath test, the refusal is usually considered reasonable. That means it should not cause a license suspension under the implied consent law. Others hold that although permitting attorney consultation before the test is good police practice, it is not required. Michigan’s Implied Consent LawsMichigan’s implied consent laws make it clear that you will be charged with violating the Michigan Vehicle Code if you refuse to submit to a breathalyzer test. Michigan Law gives police the authority to test you for alcohol and drugs through a breathalyzer or urine test if you are driving through Michigan’s public highways. However, in order to take a blood sample to test for alcohol, police officers would need a court order. Before a police officer is allowed to stop you, they need to have reasonable suspicion. Michigan DUI/OWI officers cannot stop motorists randomly to check for DUI/OWI. If you refuse to submit a breath test, the officer will submit an Officer’s Report of Refusal to Submit to Chemical Testing to the Secretary of State’s office. You will be notified by police that you have fourteen days to appeal the decision at an administrative hearing. The police officer has the right to confiscate and destroy your regular driver’s license and replace it with a paper permit. You can drive with the paper permit until the hearing. Six points will be added to your driver’s record if you refuse the breath test administered by the police officer. Your license or your nonresident operating privilege will also be suspended for a year. After refusing to take a test, the state will automatically suspend your license or nonresident operating privilege. People who refuse to submit to tests are often faced with ongoing problems. Your license will be suspended and you will not be eligible to receive a restricted license with an ignition lock device unless you appeal to the Circuit Court, and it is not guaranteed that a judge will grant you a restricted license. It is important to keep calm if you are stopped for suspicion of DUI. Remember that you have a right to hire a lawyer. If you are stopped for driving under the influence, be polite, but avoid answering any potentially incriminating questions. As soon as possible, contact an experienced Michigan DUI attorney. Michigan Defense Law’s team of DUI lawyers have years of experience working for those who are facing DUI charges. Contact us today to schedule a free consultation regarding your DUI case. Via https://www.michigandefenselaw.com/blog/dui-first-talk-attorney/ 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 an experienced expungement attorney to represent you and protect your rights is important. 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. 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 https://www.michigandefenselaw.com/blog/does-expungement-restore-gun-rights-in-michigan/ |
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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