Interviewer: Let’s talk about no-contact orders or protection orders or restraining orders. How do they work and are they all the same thing? Paul Tafelski: They’re not all the same thing but they are very similar in what they actually do. A no-contact order is typically a condition of bond and that’s set by the judge as soon as there’s a formal charge filed in almost every domestic violence case. We have had success on occasion getting judges to modify that to no assaultive contact, no abusive behavior, that kind of thing so the parties can still reside together if they both wanted to. But no-contact is typically a bond condition whereas a restraining order or a personal protection order is usually something that is issued in a separate action based upon somebody either threatening or stalking or refusing to stop contacting another person, that sort of thing. And they both have the same effect of saying, person A, you’re not allowed to be anywhere near person B and you’re not allowed to talk to them in any way. The effect of those orders is basically the same but they are technically separate deals for separate issues. The Courts May Impose Protective Orders Regardless of the Defendant’s Preferences Interviewer: Let’s say the alleged victim doesn’t really care either way about restraining orders or protection order. Can the court impose them anyway? Paul Tafelski: Yeah they always do. They don’t ask the person whether they want it. They will ask them if the defendant is trying to remove those. They will ask them if it’s ok with them to remove them and they usually won’t remove the no-contact order without their consent but they almost always impose them without their consent or even their input. It is Advisable To Avoid Contact With the Alleged Victim Once Protective Orders Have Been Issued Interviewer: Do you ever see problems where someone tried to contact, let’s say an alleged victim tried to contact the accused, like via text or phone calls? Paul Tafelski: Yes, it happens quite a bit, because often times these people’s lives are totally intertwined and they have children together and they have business interests and their finances are entangled and it’s pretty hard to continue their lives with no contact and so many times the complaining witness or the victim will try and contact the defendant and it doesn’t get them in any trouble, it gets the defendant in trouble because if you violate the no-contact order then they can revoke your bonds, they can jail while the case is pending. A Defendant Must Be Aware of the Potential Consequences Involved When Responding to Contact Initiated by the Alleged Victim A lot of times people think, ‘alright well, who’s going to know, I can have contact because we need to and she’s the one initiating it or he’s the one initiating it’ and they text each other or they talk to each other and everything’s fine and then two weeks later, three weeks later they get into another argument and the complaining witness goes and tells the prosecutor that here she’s been having contact with them and next thing you know it’s that defendant who’s having their bond revoked, not the complaining witness who did all the initiation of the contact. You have to be careful because these are very touchy situations. Sometimes things work out and sometimes they don’t and people have to be aware of what can go wrong. Via https://www.michigandefenselaw.com/blog/difference-no-contact-orders-protection-orders-restraining-orders/
0 Comments
Finding employment when you have a criminal record can always be difficult, whether it is with a private company or a large enterprise like the airport. Airports employ many different types of people, from TSA workers to retail and kitchen work. Depending on which organization is doing the hiring for the position you are interested in, they may have different hiring criteria. Whether you are looking to work for the airport itself, an individual airline, or one of the many other supporting positions within the airport, any commercial airport is subject to concerns about national security. While you will be applying with that specific company and subject to their hiring practices, in most cases, you will be looking at having to undergo a thorough background check. And most applications will ask some questions about any criminal activity that you are bound by law to answer truthfully. Criminal defense attorney, Paul J. Tafelski is here to discuss whether you can work at the airport with a felony. Hiring With the TSAIf you are considering a job with the TSA (Transportation Security Administration), they require extensive background checks that will determine whether you get any type of security clearance within the airport. TSA will use various information to determine the eligibility of an applicant, looking at Interpol, terrorist watchlists, other government databases, and any history of mental illness. They will also look at any criminal convictions. You may be disqualified from working for the TSA for a period of time or permanently, depending on the crime you were convicted of or whether you are wanted or indicted for a felony. Permanent DisqualificationIf you have been convicted, pled guilty to, or found not guilty by reason of insanity of the following felonies, you will be considered permanently disqualified from ever holding a position at the TSA:
Temporary DisqualificationIf you have been convicted, pled guilty to, or found not guilty by reason of insanity of the following felonies within the past seven years, or if you were released from incarceration within five years of your application, you will be considered temporarily disqualified for holding a position with the TSA:
Those who have been convicted of a crime deserve the ability to move on with their lives. But unfortunately, if you have a criminal record, it may follow you throughout your life. If you are facing criminal charges, it is important to get the best legal defense possible, so it does not have a detrimental impact on your future. Call Michigan criminal defense attorney Paul Tafelski at (248) 451-2200 or contact us online to schedule a no-cost consultation to see how we can protect your rights and your future. Via https://www.michigandefenselaw.com/blog/can-you-work-at-the-airport-with-a-felony/ Interviewer: Can you actually leave town while you’re on probation? The Court Must Know and Approve of Any Travel Plans Paul Tafelski, Michigan Criminal Lawyer: The banner condition of probation is that you’re not to leave the state of Michigan without the court’s permission. And sometimes we can arrange that kind of permission right at the time of sentencing; for example, by letting the court know that the client has to travel for work and get the judge’s blanket permission for them to travel. Other times, they may have a specific trip planned or a specific event coming up, and we can get that permission right at the time of sentencing. But if something comes up while they’re on probation that they don’t already have permission for—they have to submit a request through their probation officer for permission to leave the state. Otherwise, if they get found out, it could be a violation of probation. For example, I had a client call me once that he was living in the state of Florida. Even though he was on probation here, he had permission to live in Florida. However, he went on a cruise at the last minute for a weekend where they left the state of Florida and they went to the Caribbean somewhere. Well, when he came back in, he went through Customs, and Customs found out when they ran his passport that he was on probation in Michigan and they notified his probation officer here that he had been traveling out of the country, and then his probation officer violated him here. So bottom line is you do have to take that restriction pretty seriously, too, because the world is getting smaller and smaller with all the computer systems that are in place. It’s an example of a situation where he just didn’t think about it and just wasn’t taking it as seriously as he should have. Probably, he could have got permission if he would have tried to do it ahead of time. But, instead, he just tried to sneak and then got caught. Working While on Probation Interviewer: Can people work while they’re on probation? The Court May Order You to Maintain Employment Paul Tafelski, probation lawyer: Usually, the court orders you to work because they realize if you’re not working, you’re probably going to get in trouble. So seeking or maintain full-time employment is one of the standard requirements as well. It gets difficult though, because the more often you have to report and the more often you have to test and the more community service it becomes harder and harder to manage your job. And so that’s what I was referring to when I said that people need to understand while their case is going on how important it is to be able to get the least restrictive terms of probation that are possible. This way it doesn’t interfere with your job or your life any more than is necessary. Interviewer: Does probation always have community service involved? Paul Tafelski: No. It’s fully up to the judge. Sometimes community service can get into the hundreds of hours. But usually it’s more common that it would be something like 20 or 30 hours of community service that need to be fulfilled as a condition of probation. Can You Perform Additional Hours of Community Service in Lieu of Paying Fines? Interviewer: Now what if someone is faced with the issue where they’re unemployed, they’re in probation. You mentioned that judges will want to see them working. Will they give them additional community service? Or what would they do for someone who is unemployed and on probation? Paul Tafelski: Sometimes the court can let you work off some of your fines and costs by doing additional community service. And other times, they don’t have any sympathy at all for you, and they tell you to get a job and get busy. It depends upon the judge, depends upon the court, all that kind of stuff. A Conviction May Prevent You from Receiving Federal Student Loans Interviewer: So as far as benefits go, will people lose their benefits if they’re on any sort of unemployment or receiving government benefits? Would they lose those benefits if they get on probation? Paul Tafelski: Probation itself won’t affect those benefits, as far as I know. But if you’re convicted of some crimes, you may lose your eligibility for federal student loans. Via https://www.michigandefenselaw.com/blog/can-you-travel-during-your-probation/ |
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
Categories |