Can People Recover from a Domestic Violence Charge? Ask Our Bloomfield Hills Domestic Violence Lawyers.Most of the time, most of the time people will recover and move on with their lives. Life goes on, no matter what, so you are going to move on with your life one way or another. Most of the time for people who are stuck in the court system, especially people who are not used to being in trouble, it’s the anxiety and the stress that goes along with the unknown and the fear of what might happen and how things might turn out for the worst, and that’s even worse than when the case is over, even if they are on probation. Usually, once the case comes to a conclusion, even if it results in someone being on a probation, they just get a list of tasks that they have to complete and they can focus on that and get on with their life, so it is a very serious and difficult situation to go through but it does not need to be the end of the road for anyone. Is the Accused Just an Average Person Who Made Bad Judgment, or is there a Criminal Element?Yes, domestic violence pretty much can occur in almost any type of socioeconomic situation. Most of our clients are people who did not have any prior criminal history, they are law abiding citizens, they are not violent people, they are not mean people, and they don’t fight all the time. Most of our clients accused of domestic violence are people who really don’t have any kind of significant criminal history and it was just either a bad day or a relationship that is deteriorating or a situation where the person who called the police never even wanted them to get arrested themselves and just the police took over the situation and made an arrest, so, yes, this is not a crime that is committed just by criminals, this is the type of thing that can happen to anybody. What Are Some Important Things That People Should Know About Domestic Violence Cases?The first thing that they need to know is that the court system in Michigan takes domestic violence cases very seriously and that even if there was a minor incident, if you ended up arrested and charged, then you need to take it seriously because the court is going to take it seriously. So, the important thing is to find yourself a good attorney to help you through the process to explain to you what matters, what doesn’t matter, what you should do and what you should not do and get the help that you need to make sure that you come out of it in the best possible manner. Can Custody Rights be Affected by Domestic Violence Charges?Custody rights are really going to be determined by the family law court if there is a divorce case or a custody case or by protective services. Typically, a person is not going to lose their rights to their kids just because of a domestic violence case but it is one factor that will be looked at against them and that’s assuming that the domestic violence was not against the children. If there was a domestic violence case involving a child, then it would have a much bigger effect on your parental rights. Is it Possible to Lose My Job for Domestic Violence?One of the most disappointing realizations for people convicted of domestic violence is that the sentence doesn’t end after they have completed their probation or served their time. The conviction will follow them wherever they go. Convictions for domestic violence can have a significant impact on any or all of these:
Many of these consequences can lead to financial hardship, which can make it even harder for you to manage your finances. Even before the trial, financial hardship can begin. These orders (common to these accusations) require you to leave your home and stop all contact with the victim. A domestic violence conviction also has an impact on areas like the following:
For more information on Recovering From A Domestic Violence Case, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (248) 451-2200 today. Via https://www.michigandefenselaw.com/blog/can-people-recover-from-a-domestic-violence-charge/
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There can be no doubt that domestic violence is a serious matter under Michigan’s Domestic Violence Prevention and Treatment Act. However, you are in a very difficult position if the allegations against you are untrue, exaggerated, or based upon ulterior motives. Unfortunately, false accusations of domestic abuse are more common than you think. They are particularly prevalent in divorce or custody cases when one party is trying to gain an advantage in court. Even when you know you are innocent, anger, frustration, and despair may take the place of logic. Do not allow your emotions get the best of you and potentially affect your case. Talk to a domestic violence defense attorney right away and follow a few tips on what to do about the allegations.
What Are the Possible Defenses Against a Domestic Violence Charge?Some first-time offenders of domestic violence may be eligible for a special program under Michigan Criminal Law 769.4a. This allows them to enter a guilty plea and that will be treated by the court as probation. The court will order anger management, family counseling, and random drug/alcohol tests as well as other forms of required interventions. However, MCL 769.4a has its limitations:
There are also several defenses that you can use if you are not eligible for this program. These other defenses include:
The life-altering consequences of a conviction, plea, or charge of domestic violence are severe. It is important to find the best Michigan domestic violence lawyer to defend you. Contact a Michigan Domestic Violence Lawyer About Defense OptionsIf you have questions about your case and other aspects of domestic violence cases in Michigan, please contact the office of Paul J. Tafelski at (248) 451-2200. You can also visit our website to set up an appointment to review your circumstances. We assist clients in many areas of criminal defense, and we are committed to protecting your rights. Via https://www.michigandefenselaw.com/blog/accused-domestic-violence/ Recently, the Michigan Court of Appeals ruled that judges can no longer prohibit defendants from using medical marijuana as part of their probation. The defendant was charged with assault and battery following a road rage incident. He pleaded guilty, and the judge sentenced him to one year of probation. A condition of probation was that the defendant was not to use marijuana, including medical marijuana. In response, the defendant filed a motion arguing that the Michigan Medical Marijuana Act (MMMA) entitles individuals to certain protections, such as protection from arrest, prosecution, or penalty. However, the prosecution contended that the court maintains the ability to restrict a defendant’s medication. Although the defendant’s issue is moot because his probation ended, the Michigan court found that the issue is one of public significance and required judicial review. Under the MMMA, medical marijuana use is permitted so long as it is carried out under the Act’s provisions. The issue at hand is whether the revocation of probation upon using medical marijuana is a penalty, as defined by the statute. The court reviewed several cases where the court had found that MMMA supersedes ordinances and statutes that conflict with the MMMA. To further support their position, the court turned to other states that maintain similar medical marijuana laws. In those states, courts have held that it is illegal to prohibit the use of medical marijuana as a condition of probation. The court ultimately concluded that the provision of the Michigan Probation Act that allows courts to prohibit a defendant’s medical marijuana use conflicts with the MMMA. Further, the court reviewed whether the probation revocation was a “penalty” under the statute. Under the law, Michigan recognizes probation as a privilege, of which a trial court has broad discretion to authorize. In this case, because probation is a privilege, the revocation of probation is a penalty. Therefore, because the defendant properly maintained a medical marijuana card, the court erred in prohibiting the use of medical marijuana as a probation condition. The court declined to address the defendant’s constitutional violation claims, reasoning that their resolution negates the need to discuss the constitutional claims. This groundbreaking decision is of critical importance to Michigan criminal defendants. However, it is essential to note that the court did not extend the ruling to those who use marijuana recreationally. Some Judges may try to interpret the law differently to prohibit marijuana use. For example, some have held that since prescribing medication is regulated under federal law and federal law still holds marijuana as illegal. Therefore, doctors cannot legally prescribe marijuana so it is not legal medication. These type of arguments will have to be tested on appeal themselves. As a result, you should still investigate the position of your judge before beginning to use marijuana even with a proper card. Have You Been Accused of a Michigan Criminal Offense? If you or someone you know faces a Michigan probation violation, contact Attorney Paul J. Tafelski at Michigan Defense Law. Attorney Tafelski maintains an active criminal defense practice dedicated to representing those accused of Michigan crimes. He provides clients with respect, compassion, and zealous representation during all stages of their criminal proceedings. Attorney Tafelski handles Michigan criminal charges stemming from OWI/DUIs, criminal sexual conduct, airport crimes, expungements, gun charges, juvenile offenses, homicide, probation, theft, and white-collar crimes. Attorney Tafelski keeps apprised of the ever-evolving legal landscape that may impact Michigan criminal defendants. To learn more, contact his office at 248-451-2200 to schedule a free initial consultation. Via https://www.michigandefenselaw.com/blog/judges-cannot-prohibit-medical-marijuana-use-as-term-of-michigan-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
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