When served with a restraining order—sometimes referred to as a personal protection order (PPO)—one must refrain from contact with a specific person. An order contains detailed information regarding prohibited actions and behaviors concerning the person seeking protection. Any violation of the restraining order results in serious consequences under Michigan law. A simple slip-up can land you in jail, cost you fines, or possibly both. If you’re charged with violating a restraining order, contact a Michigan criminal defense lawyer without delay. Types of Restraining OrdersA restraining order is a court order for one person to stop violence or threats against another person. The order requires a signature from a judge, and once served, it is enforceable anywhere within the United States. There are two types of restraining orders: Domestic – For a domestic restraining order, the person served must include one of the following:
Stalking – A stalking restraining order protects a person whose behavior and actions consist of two or more acts done without your consent. Examples of conditions that may qualify include ones that make a person feel:
There are certain situations where a restraining order is not an option. A minor child, for example, cannot get an order against a parent. The same is true with a parent obtaining one against their minor child. In cases such as these, it is best for all parties to contact the Juvenile Division of Family Court. What to Do When Served With a Restraining OrderYou may receive a restraining order from a member of law enforcement, a process server, or by certified mail. Once the petitioner—the one seeking the order—learns that you have the order, they must then file a “proof of service” with the court clerk. As the respondent—the one the petitioner is seeking protection from—it is important to read, and to understand, the order. Many restraining orders are initially temporary and last for 182 days. A court date for going before a judge at the end of the 182 days is usually set during the initial stages of the restraining order process. Paying attention to the details of the order and to scheduled court dates is crucial for not violating the terms and for not missing court. While receiving a PPO may upset you, it is important to remain calm when served with one. It is equally important to contact a Michigan criminal defense lawyer as soon as possible. An experienced restraining order lawyer can help you to better understand the order. They can also assist you with your upcoming court appearance. When You Violate a PPOA restraining order is a civil order—not a criminal order. The matter can quickly turn criminal if you violate the conditions of the order. Under Michigan law, an individual faces police custody if they violate one or more acts specifically prohibited in the order. This may include:
Additional violations exist and may depend upon the nature of your PPO. No matter how you violate the order, either intentionally or accidentally, you face a criminal charge of contempt of court. If found guilty, the court may sentence you to as much as 93 days in jail, fine you up to $500, or choose both types of penalties. After your arrest, it is your right to appear before the district court within 24 hours. Michigan law requires that the court set a reasonable bond and set a hearing for the alleged restraining order violation. The hearing shall occur no later than 72 hours after an arrest unless extended by a court motion by the individual charged, their defense lawyer, or the prosecutor. Violating a restraining order is easier than you may think. For example, if the order prohibits contact with the petitioner—yet the petitioner agrees to contact—any contact is a violation of the court order regardless. One slip-up can land you in jail, resulting in missed time from work, possible job loss, and time away from family and friends. Call a Michigan Defense Lawyer for More InformationWhat starts as a civil matter can turn criminal when you violate one of the prohibited actions of the order. Adhering to the specific requirements of the order is vital to avoiding contempt of court charges. Contacting the petitioner in any way violates the order and results in serious consequences for you. Once a judge signs a restraining order, it is up to you as to how you respond. Keep your emotions in-check and consult a skilled attorney right away. A lawyer can guide you through the legal process, and should you find yourself in violation of the order, help address the situation accordingly. While each case is different, defending your actions or the circumstances regarding the violation is your right before the court. Consider scheduling a consultation of your case with an experienced criminal defense attorney. During your free consultation, you learn information such as how your case will proceed through the courts, important deadlines, and potential pitfalls. You also learn possible defenses for your case and the likely penalties if convicted. A restraining order can damage your relationship with others, along with current and future job opportunities. Don’t try to navigate a restraining order case on your own. Protect your legal rights, your reputation, your career, and your relationships by ensuring you understand the law. An experienced criminal defense attorney can help you decide the best course of action; if you have additional questions, or are a party to a petition for a restraining order, consider reaching out to an attorney you trust. Via https://www.michigandefenselaw.com/blog/violate-restaining-order/
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Recently, a state appellate court issued a written opinion in a Michigan sex assault case discussing the defendant’s challenge to the lower court’s finding that he waived his rights before taking a polygraph test. The case highlights the importance of speaking with a Michigan criminal defense attorney before agreeing to speak with detectives or give up any of your rights when you could face serious allegations. The Facts of the Case According to the court’s opinion, detectives suspected the defendant of sexually assaulting his daughter. During their investigation, detectives asked the defendant if he would take a polygraph test, otherwise known as a “lie detector” test. Law enforcement cannot require someone to take a polygraph, and the results are typically not admissible in court. However, if the defendant agrees to the test and waives their rights, detectives can administer a lie-detector test. While the results of the test may not be admissible, a finding that the defendant was not telling the truth may prompt them to make other statements that are admissible. That is exactly what happened in this case. The detectives read the defendant his Miranda rights, and the defendant agreed to take a lie detector test. During the test, the defendant admitted to sexually assaulting his daughter and, at the conclusion of the test, he wrote her an apology letter.
Later, the defendant sought suppression of his statements and the apology letter. He argued that his waiver of rights was not voluntary and that his confession was a result of his involuntary waiver. The court rejected the defendant’s argument on appeal. The court noted that there are several considerations when assessing whether a defendant’s statement is voluntary, including:
The court explained that none of these factors alone can prove that a statement was involuntary and that courts must take the totality of the circumstances into account. Here, the court found that the defendant’s confession was not involuntary. In doing so, the court rejected the defendant’s argument that he did not understand the rights he was giving up. The court noted that the two detectives who oversaw the confession testified that the defendant seemed to understand what rights he was giving up and that they explained everything to him before proceeding with the polygraph test. Have You Been Asked to Take a Lie Detector Test? If detectives contacted you asking if you would agree to a lie detector test, or you are facing serious criminal charges after taking such a test, reach out to Michigan Defense Law for immediate assistance. Our dedicated Michigan criminal defense lawyers have decades of experience representing clients in some of the most complex and high-stakes cases. We can help ensure that your rights are protected throughout the process. To learn more, and to schedule a free consultation, call Michigan Defense Law at 248-451-2200 today. Via https://www.michigandefenselaw.com/blog/court-upholds-defendants-polygraph-waiver-in-recent-michigan-sex-offense-case/ Interviewer: How does someone violate probation? Some Alcohol-Related Conviction Require Random Testing as a Condition of 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 Probation Interviewer: 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 Violations Paul 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 Probation Interviewer: 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 Testing Interviewer: 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. Via https://www.michigandefenselaw.com/blog/violating-probation/ If you have been convicted of a crime in Michigan, you may already understand how it adversely impacts your life even after you have completed your sentence. In the United States, nine out of 10 employers, four out of five landlords, and three out of five colleges screen out applicants with criminal records through publicly accessed background checks. Consequently, a criminal record can still remain a serious barrier even for those who have paid their debt, remained conviction-free, and want to move on with their lives. It is important to speak with a qualified Michigan expungement attorney before making any decisions. One of the Most Extensive in the Nation In 2020, Michigan became the third state in the nation to implement clean slate laws to help more individuals move on after their convictions by getting their criminal record expunged from the public record. Michigan’s Clean Slate package is one of the most extensive of any in the country. Before our Clean Slate Act, there was an expungement process in place, but it was only available to individuals with very limited criminal records. Many offenses were completely excluded from being able to take advantage of the process. Even those who qualified could find the process daunting. The new Clean Slate Act has expanded the numbers and types of offenses that an individual can have expunged and will provide for future automatic expungement of certain convictions without the need to petition or apply to the court to get one. What are the New Provisions? New Michigan laws on expungement include:
The Cost of Expungement in Michigan The actual financial cost of expungement is minimal. To have a record expunged, the individual is responsible for fingerprinting, getting a certified copy of each conviction that will be requested for expungement, and paying a $50 fee (money order or cashier’s check) payable to the State of Michigan. But expungement is a multi-layered process that needs to be completed correctly. If not, the individual may have to wait another three years to apply again. Making Sure the Process is Completed Correctly While an expungement can be completed without the assistance of an attorney, it is not recommended. The court has great latitude in determining who is granted expungement and who is not. An incorrect application or lack of preparation can result in a denial by the court, and the individual will have to wait to apply again. If you are considering an expungement of your record, Michigan expungement lawyer Paul J. Tafelski can guide you and ensure that the application is completed correctly and you are fully prepared for your hearing. Call us at (248) 451-2200 or contact us through our website contact form to schedule a free consultation to discuss your expungement. Via https://www.michigandefenselaw.com/blog/how-much-does-an-expungement-cost-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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