When you are charged with operating while intoxicated (OWI) in Michigan, there is a good chance you will be put on probation as part of your OWI sentencing. Typically, one requirement of OWI probation is that you abstain from consuming alcoholic beverages. Michigan employs a number of techniques to determine if you have been drinking in violation of your probation. One method is random breathalyzer tests. Unfortunately, breath tests are not always reliable and you may face a probation revocation hearing on the basis of faulty results from a breath test. If you find yourself facing drunk driving offenses, it is imperative you consult with an experienced Michigan DUI attorney as soon as possible to get legal help. About Breath Tests and Michigan DUI ProbationWhen you are put on OWI probation in Michigan, the court may impose a number of conditions at its discretion. Typically, you will be required to meet with a probation officer regularly during the course of your probation. You may also be subject to random testing to determine whether you have consumed alcohol. This testing may take the form of an EtG test, which is supposed to determine whether you consumed alcohol at any time in the course of the past 80 hours. It may also take the form of a standard breath test. The purpose of a breath test is to determine the concentration of alcohol in the blood. As you consume alcohol, it is not digested or chemically changed immediately. Instead, it moves through your blood as alcohol. As that alcohol moves through your blood, some of it passes along the membranes of the air sacks of the lungs. This means that when you breathe, you exhale the alcohol. When you breathe out into the breath testing device, this test can detect the concentration of alcohol you are exhaling. This gives an indication of the measure of alcohol in your body and, because it has been determined that the ratio of breath alcohol to blood alcohol is 2,100:1, the information on the alcohol in your breath is used to determine your blood alcohol content. When your blood alcohol content shows you have consumed alcohol, this information can be used to revoke your probation. Michigan DUI / DWI Probation Violation HearingsWhen a breath test reveals you have consumed alcohol, you are entitled to a probation revocation hearing before this occurs. However, your rights in a probation violation hearing are limited. In addition, the probation violation does not need to be proved beyond a reasonable doubt in order for your probation to be revoked. It is enough to show that a violation likely occurred. In many cases, this means the failed breath test alone is enough to have your probation revoked. What Happens If You Fail a Breathalyzer While on Probation?If you fail a breathalyzer test while on probation in Michigan, you may face a probation revocation hearing due to the violation. Breath tests are used to determine blood alcohol content, and positive results could lead to revocation of probation. However, breath tests are known to have issues and are not always reliable, raising questions about their accuracy and dependability in legal matters. When a breath test indicates alcohol consumption, a probation revocation hearing may be granted, where limited rights are provided and proof of the probation violation does not require the standard of being beyond a reasonable doubt. The mere likelihood of a violation is adequate grounds for a hearing, and a failed breath test may suffice as evidence for probation revocation. It is essential to seek guidance from an experienced Michigan OWI defense attorney regarding your legal rights related to breath tests and DWI probation, given the known issues with breathalyzer tests. Your attorney can assist in collecting evidence and formulating arguments to prevent unjust probation revocation due to a failed breath test. At Michigan Defense Law, our team of skilled Michigan DUI lawyers may be able to help ensure that your rights are protected and that you receive a fair hearing. Call us today at (284) 451-2200 to schedule a consultation. Problems With Breath TestsUnfortunately, despite the fact that a breath test can be used to send you to jail for a Michigan OWI probation violation, there are some serious questions about whether these breath tests are as reliable as law enforcement may want you to believe.
Numerous other studies have also revealed problems with breathalyzer results caused by various factors. Because a Breathalyzer can so often lead to inaccurate or incorrect results, it is imperative you consult with an experienced Michigan OWI defense attorney to better understand your legal rights regarding breath tests and Michigan DWI probation.
What is the Cost of Probation in Michigan?No matter whether you are charged with misdemeanor DUI or felony DUI, you must pay the court an assessment fee. You will owe $130.00 if you are convicted of a felony DUI, while a misdemeanor DUI will cost %75.00. This fee is used to cover the victim’s legal services. Your case will be transferred to circuit court if you are convicted of felony DUI. A probation supervision fee must be paid by anyone sentenced in circuit court to probation. This fee costs $30.00 and is multiplied according to the length of your probation in months. If you are sentenced to 3 years probation, you will be responsible for $1,080.00. You’ll be charged $60.00 if you have an electronic monitoring device placed on your body. This amount is multiplied by how many months you were under probation. This means that it will cost you $2,160.00 for three (3) years of probation. If the probationer is found indigent, most courts allow for payment plans or waive fees. The person must be “one without sufficient income” in order to waive these fees. You may also be subject to additional fines or costs by the court, including expenses related to prosecuting defendants. It is important to seek the help of an experienced DUI lawyer when facing DUI charges. A skilled lawyer may be able to help you protect your freedom and rights and may be able to help you avoid paying these fees. Facing a DWI Probation Hearing Because of a Breath Test? Get Legal Help NowBecause you have fewer legal protections in a probation violation hearing, it is especially important to contact an experienced Michigan DWI defense attorney for help before a probation revocation hearing. Your OWI defense attorney can assist you in getting evidence and crafting arguments to help you to avoid the unfair revocation of your probation after a failed breath test. via Michigan Defense Law https://www.michigandefenselaw.com/blog/breath-tests-and-dui-probation-in-michigan/
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Being charged with operating while intoxicated or driving under the influence (OWI/DUI) in Michigan can be a confusing and challenging time. Even the refusal of a chemical test or aggressive driving behaviors can result in additional DUI charges being filed against you. An individual can face a lot of uncertainty especially if they are not familiar with the process and do not have the help of an experienced OWI defense attorney. At Michigan Defense Law, our team of experienced Michigan DUI attorneys can help you understand your rights. Top-rated Michigan attorney Paul J. Tafelski has provided quality legal assistance and leveraged his considerable experience in helping clients achieve the best possible outcome in their cases. To learn more about how we can help you, contact Michigan Defense Law today at (248) 451-2200. Are you allowed to drive before being arraigned for an OWI/DUI?When a person is arrested for a DUI in Michigan, depending on the circumstances of the arrest, the arresting officer may destroy their driver’s license and issue a temporary permit or paper license. This paper license is different from the regular driver’s license with the carrier’s photo but can nevertheless allow the holder to drive, under some restrictions. A DI-177, also known as a Breath Blood or Urine Report Michigan Temporary Driving Permit is a document that would serve as your temporary driver’s license until you are convicted of the OWI or the case is dismissed. A DI-177 is only provided if the defendant agreed to a test allowing law enforcement to measure their BAC upon their arrest. If the defendant refuses to be subject to the test, a DI-9 or Report of Refusal would be issued instead. While this document can still allow the defendant to drive, the permit is only valid for 14 days or until the defendant successfully wins an appeal hearing regarding the refusal charge. Michigan has adopted the implied consent law, meaning that people who apply for a driver’s license in Michigan are providing implied consent to submit to a chemical BAC test. When a person is arrested on suspicion of an impaired driving offense, they may be subject to additional penalties if they are found guilty of an OWI. The issuance of a temporary license to the defendant would be immediately recorded on their driving record even before they are arraigned and even if they have not been convicted yet. Your record will already show that you have been arrested on suspicion of an impaired driving offense. This issuance affects drunk driving arrests and arrests for suspected driving under the influence of marijuana. During the arraignment, the judge can impose some requirements regarding your driving privileges as part of your bond, but it is unlikely that the court will revoke or restrict your temporary license unless there are aggravating circumstances. These requirements can include the installation of a Breath Alcohol Ignition Interlock Device (BAIID) on any vehicle the defendant would be using. Such requirements will remain in place until sentencing but can be incorporated into the defendant’s probation requirements. If the defendant pleads guilty to their OWI charges or is found guilty by the court, the Secretary of State would be mailing a notice regarding the sanction on the defendant’s driver’s license. This notice may be sent two weeks after the conviction and would reflect the result of the case. The document would serve as the defendant’s temporary license until the sanctions on their license have expired. Reinstatement of one’s driver’s license would require payment of a $125.00 fee to the Secretary of State. However, if the penalties upon conviction include revocation of the defendant’s license, they would not be able to receive a temporary license. Being convicted of a DUI in Michigan can carry serious consequences. A person can face community service (WWAM), extensive fines, enrolment in treatment programs, and a possible prison sentence. A conviction can remain on your record and affect your personal relationships and career prospects. Working with an experienced Michigan DUI attorney can help you understand your rights. At Michigan Defense Law, trial-ready attorney Paul J. Tafelski and his team of legal professionals may be able to assist by walking you through the legal processes involved in dealing with an OWI charge. We offer skilled legal representation and work thoroughly to investigate the circumstances of your case in order to determine the best course of action possible. Call us today at (248) 451-2200 to schedule a free consultation. Driver’s License Status During the Course of the OWI ChargeAs a recap, here is a short timeline of how a person’s driver’s license would be affected over the different stages of their OWI charge. Immediately after an arrestThe arresting officer will confiscate your driver’s license and issue you a temporary license. If you submitted to a BAC test, they can provide you with a DI-177 you can use until your arraignment. If not, you will be given a DI-9 you can use for 14 days or until you have successfully appealed the refusal in a hearing. It is important to remember that the arrest would already be included in your driving record. After ArraignmentThe court can impose some sanctions on your driving privileges as a condition of your bond. This can include the installation of a BAIID and the payment of bail. After SentencingIf your trial results in a not guilty verdict, the court will restore your driving privileges and you will have your license reinstated. If your OWI charges result in a guilty sentencing, you may be subject to the following penalties:
The court can issue a restricted driving license to first-time offenders which the defendant can use for five months. However, the court will not issue a restricted or temporary license to individuals who are convicted of a second-offense OWI or any subsequent offenses. Additional and more severe penalties can be imposed for other impaired driving offenses, and the court will also consider any mitigating or aggravating circumstances regarding the case such as if the defendant injured another party while intoxicated. After the revocation period, the defendant can have a restoration hearing in which they could petition the court to allow their driving privileges to be restored. These hearings can be notoriously difficult to win without the assistance of an experienced attorney and the defendant would have to wait another year if their request is denied. It is strongly recommended to seek the help of an experienced Michigan OWI defense attorney who can help you understand your charges and the potential legal consequences of a conviction. Paul J. Tafelski, an experienced Michigan criminal defense attorney, has helped numerous Michigan residents fight OWI charges and protect their driving privileges. Our team of skilled legal professionals at Michigan Defense Law may be able to assist you in making informed decisions about your case and help you achieve the best possible outcome. Contact us today at (248) 451-2200 to schedule a consultation. Via https://www.michigandefenselaw.com/blog/can-you-drive-after-dui-before-the-court-date-in-michigan/ Being charged with operating while intoxicated or driving under the influence (OWI/DUI) in Michigan can be a confusing and challenging time. Even the refusal of a chemical test or aggressive driving behaviors can result in additional DUI charges being filed against you. An individual can face a lot of uncertainty especially if they are not familiar with the process and do not have the help of an experienced OWI defense attorney. At Michigan Defense Law, our team of experienced Michigan DUI attorneys can help you understand your rights. Top-rated Michigan attorney Paul J. Tafelski has provided quality legal assistance and leveraged his considerable experience in helping clients achieve the best possible outcome in their cases. To learn more about how we can help you, contact Michigan Defense Law today at (248) 451-2200. Are you allowed to drive before being arraigned for an OWI/DUI?When a person is arrested for a DUI in Michigan, depending on the circumstances of the arrest, the arresting officer may destroy their driver’s license and issue a temporary permit or paper license. This paper license is different from the regular driver’s license with the carrier’s photo but can nevertheless allow the holder to drive, under some restrictions. A DI-177, also known as a Breath Blood or Urine Report Michigan Temporary Driving Permit is a document that would serve as your temporary driver’s license until you are convicted of the OWI or the case is dismissed. A DI-177 is only provided if the defendant agreed to a test allowing law enforcement to measure their BAC upon their arrest. If the defendant refuses to be subject to the test, a DI-9 or Report of Refusal would be issued instead. While this document can still allow the defendant to drive, the permit is only valid for 14 days or until the defendant successfully wins an appeal hearing regarding the refusal charge. Michigan has adopted the implied consent law, meaning that people who apply for a driver’s license in Michigan are providing implied consent to submit to a chemical BAC test. When a person is arrested on suspicion of an impaired driving offense, they may be subject to additional penalties if they are found guilty of an OWI. The issuance of a temporary license to the defendant would be immediately recorded on their driving record even before they are arraigned and even if they have not been convicted yet. Your record will already show that you have been arrested on suspicion of an impaired driving offense. This issuance affects drunk driving arrests and arrests for suspected driving under the influence of marijuana. During the arraignment, the judge can impose some requirements regarding your driving privileges as part of your bond, but it is unlikely that the court will revoke or restrict your temporary license unless there are aggravating circumstances. These requirements can include the installation of a Breath Alcohol Ignition Interlock Device (BAIID) on any vehicle the defendant would be using. Such requirements will remain in place until sentencing but can be incorporated into the defendant’s probation requirements. If the defendant pleads guilty to their OWI charges or is found guilty by the court, the Secretary of State would be mailing a notice regarding the sanction on the defendant’s driver’s license. This notice may be sent two weeks after the conviction and would reflect the result of the case. The document would serve as the defendant’s temporary license until the sanctions on their license have expired. Reinstatement of one’s driver’s license would require payment of a $125.00 fee to the Secretary of State. However, if the penalties upon conviction include revocation of the defendant’s license, they would not be able to receive a temporary license. Being convicted of a DUI in Michigan can carry serious consequences. A person can face community service (WWAM), extensive fines, enrolment in treatment programs, and a possible prison sentence. A conviction can remain on your record and affect your personal relationships and career prospects. Working with an experienced Michigan DUI attorney can help you understand your rights. At Michigan Defense Law, trial-ready attorney Paul J. Tafelski and his team of legal professionals may be able to assist by walking you through the legal processes involved in dealing with an OWI charge. We offer skilled legal representation and work thoroughly to investigate the circumstances of your case in order to determine the best course of action possible. Call us today at (248) 451-2200 to schedule a free consultation. Driver’s License Status During the Course of the OWI ChargeAs a recap, here is a short timeline of how a person’s driver’s license would be affected over the different stages of their OWI charge. Immediately after an arrestThe arresting officer will confiscate your driver’s license and issue you a temporary license. If you submitted to a BAC test, they can provide you with a DI-177 you can use until your arraignment. If not, you will be given a DI-9 you can use for 14 days or until you have successfully appealed the refusal in a hearing. It is important to remember that the arrest would already be included in your driving record. After ArraignmentThe court can impose some sanctions on your driving privileges as a condition of your bond. This can include the installation of a BAIID and the payment of bail. After SentencingIf your trial results in a not guilty verdict, the court will restore your driving privileges and you will have your license reinstated. If your OWI charges result in a guilty sentencing, you may be subject to the following penalties:
The court can issue a restricted driving license to first-time offenders which the defendant can use for five months. However, the court will not issue a restricted or temporary license to individuals who are convicted of a second-offense OWI or any subsequent offenses. Additional and more severe penalties can be imposed for other impaired driving offenses, and the court will also consider any mitigating or aggravating circumstances regarding the case such as if the defendant injured another party while intoxicated. After the revocation period, the defendant can have a restoration hearing in which they could petition the court to allow their driving privileges to be restored. These hearings can be notoriously difficult to win without the assistance of an experienced attorney and the defendant would have to wait another year if their request is denied. It is strongly recommended to seek the help of an experienced Michigan OWI defense attorney who can help you understand your charges and the potential legal consequences of a conviction. Paul J. Tafelski, an experienced Michigan criminal defense attorney, has helped numerous Michigan residents fight OWI charges and protect their driving privileges. Our team of skilled legal professionals at Michigan Defense Law may be able to assist you in making informed decisions about your case and help you achieve the best possible outcome. Contact us today at (248) 451-2200 to schedule a consultation. via Michigan Defense Law https://www.michigandefenselaw.com/blog/can-you-drive-after-dui-before-the-court-date-in-michigan/ Criminal records are official documents detailing criminal offenses committed by an individual in Michigan. These records will include information regarding arrests, indictments, dispositions, and convictions collected from police records, other law enforcement agencies, the court system, and any correctional facilities. In the United States and the state of Michigan, criminal records are considered a matter of public record and can be accessed through many different methods. Under the Michigan Freedom of Information Act, criminal records can be accessed by request to the appropriate recording body. Potential employers and landlords have broad access to this information through aggregate websites or directly through the Internet Criminal History Access Tool (ICHAT) maintained by the Michigan State Police. However, if you have a criminal record in Michigan and have completed your sentence, you may be eligible to have your record expunged so it can no longer be accessed by the public. With the assistance of an experienced Michigan expungements attorney, you may be able to remove certain convictions from your record which can help you move forward with your life. At Michigan Defense Law, our skilled expungement attorneys can assist you in determining whether you are eligible for expungement and in filing an application. Contact (248) 451-2200 today to learn more about how we can help. What is Expungement in Michigan?In Michigan, laws provide for some individuals to expunge or “set aside” a criminal record if they qualify and meet certain conditions. When a record is expunged, it is no longer accessible through the public records, and others, such as employers, landlords, and other members of the public will no longer be able to see them. In April 2021, Michigan laws collectively called the Clean Slate Act expanded the types of offenses that could be expunged. In addition, the Act will eventually provide for automatic expungement for certain offenses without any action by the convicting court. Do These Records Disappear?Expungement does not mean that a criminal record has disappeared entirely. Criminal arrests and actions are kept as records on a computerized database called the Michigan Law Enforcement Information Network (LEIN). This includes any individual’s criminal history, including arrests, convictions, and driving records. It also includes criminal records from other states. Michigan State Police maintain LEIN, and it is tied to the FBI’s National Crime Information Center. Upon expungement or dismissal, a record will be suppressed, but this does not erase it entirely. Suppression means that the record will not appear on public records or the ICHAT system, but a permanent record is still retained on LEIN for judicial or law enforcement purposes. A criminal record can still be seen by law enforcement, prosecutors, and judges and used for criminal justice purposes. All parties with access to LEIN are forbidden to use it for purposes outside the criminal justice system, however. Would You Like More Information on Expungement or Michigan’s New Clean Slate Act?If you have a criminal record, you may already know how difficult it can be for employers and landlords to have easy access to this information. Once people know you have a criminal record, they often make up their mind about you before you even get a chance to prove yourself. Depending on the nature of your crime, you may qualify for an expungement so you can be free from that burden. Paul J. Tafelski and the Michigan criminal defense team at Michigan Defense Law can help you understand record expungement and review your record to see if you qualify. Call us at (248) 451-2200 or contact us through our website to schedule a free consultation to learn more about record expungement in Michigan and the new Clean Slate Act. Via https://www.michigandefenselaw.com/blog/who-can-see-expunged-records-in-michigan/ Criminal records are official documents detailing criminal offenses committed by an individual in Michigan. These records will include information regarding arrests, indictments, dispositions, and convictions collected from police records, other law enforcement agencies, the court system, and any correctional facilities. In the United States and the state of Michigan, criminal records are considered a matter of public record and can be accessed through many different methods. Under the Michigan Freedom of Information Act, criminal records can be accessed by request to the appropriate recording body. Potential employers and landlords have broad access to this information through aggregate websites or directly through the Internet Criminal History Access Tool (ICHAT) maintained by the Michigan State Police. However, if you have a criminal record in Michigan and have completed your sentence, you may be eligible to have your record expunged so it can no longer be accessed by the public. With the assistance of an experienced Michigan expungements attorney, you may be able to remove certain convictions from your record which can help you move forward with your life. At Michigan Defense Law, our skilled expungement attorneys can assist you in determining whether you are eligible for expungement and in filing an application. Contact (248) 451-2200 today to learn more about how we can help. What is Expungement in Michigan?In Michigan, laws provide for some individuals to expunge or “set aside” a criminal record if they qualify and meet certain conditions. When a record is expunged, it is no longer accessible through the public records, and others, such as employers, landlords, and other members of the public will no longer be able to see them. In April 2021, Michigan laws collectively called the Clean Slate Act expanded the types of offenses that could be expunged. In addition, the Act will eventually provide for automatic expungement for certain offenses without any action by the convicting court. Do These Records Disappear?Expungement does not mean that a criminal record has disappeared entirely. Criminal arrests and actions are kept as records on a computerized database called the Michigan Law Enforcement Information Network (LEIN). This includes any individual’s criminal history, including arrests, convictions, and driving records. It also includes criminal records from other states. Michigan State Police maintain LEIN, and it is tied to the FBI’s National Crime Information Center. Upon expungement or dismissal, a record will be suppressed, but this does not erase it entirely. Suppression means that the record will not appear on public records or the ICHAT system, but a permanent record is still retained on LEIN for judicial or law enforcement purposes. A criminal record can still be seen by law enforcement, prosecutors, and judges and used for criminal justice purposes. All parties with access to LEIN are forbidden to use it for purposes outside the criminal justice system, however. Would You Like More Information on Expungement or Michigan’s New Clean Slate Act?If you have a criminal record, you may already know how difficult it can be for employers and landlords to have easy access to this information. Once people know you have a criminal record, they often make up their mind about you before you even get a chance to prove yourself. Depending on the nature of your crime, you may qualify for an expungement so you can be free from that burden. Paul J. Tafelski and the Michigan criminal defense team at Michigan Defense Law can help you understand record expungement and review your record to see if you qualify. Call us at (248) 451-2200 or contact us through our website to schedule a free consultation to learn more about record expungement in Michigan and the new Clean Slate Act. via Michigan Defense Law https://www.michigandefenselaw.com/blog/who-can-see-expunged-records-in-michigan/ 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/ 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/ 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/ 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/ |
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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