Criminal Defense

Domestic violence is a pressing issue that affects countless individuals and families across the United States, including right here in Michigan. As a criminal defense attorney, my goal is to shed light on the legal aspects surrounding domestic violence in the state of Michigan and help you understand the potential ramifications if you or a loved one find themselves facing such charges.

Definition

Under Michigan law, domestic violence occurs when a person commits an assault or battery against a spouse, former spouse, individual with whom they have a child in common, resident or former resident of the same household, or someone they are or were dating.

Criminal Penalties

Domestic violence is typically charged as a misdemeanor, but it can escalate to a felony if certain aggravating factors are present. Misdemeanor domestic violence convictions can result in jail time of up to 93 days, fines, probation, community service, and mandatory participation in counseling or anger management programs.

Protective Orders

A judge may issue a personal protection order (PPO) against the alleged perpetrator, restricting contact with the victim. This can impact custody arrangements, visitation rights, and even access to your own home.

Firearm Restrictions

A domestic violence conviction can lead to a temporary or permanent loss of firearm possession rights under federal law, even if the offense was a misdemeanor.

Employment and Housing Consequences

A domestic violence conviction can have collateral consequences, affecting employment opportunities and housing options due to the presence of a criminal record.

Child Custody and Visitation

Domestic violence charges can significantly impact child custody and visitation arrangements, as courts prioritize the safety and well-being of children.

Domestic violence allegations carry significant legal and personal consequences in Michigan. If you or a loved one are facing such charges, it's imperative to seek experienced legal representation to navigate the complex legal landscape. Remember, being charged with a crime does not equate to guilt, and everyone deserves a fair trial and the opportunity to present their side of the story. If you find yourself in such a situation, don't hesitate to consult with a knowledgeable criminal defense attorney to protect your rights and secure the best possible outcome.

In the United States, the legal drinking age is 21 years old. Young adults under the age of 21 are often caught drinking at parties, social events and gatherings. If you're caught drinking you may be charged as a Minor in Possession (MIP).

• A first-time offender will be charged with a civil infraction. The consequences include a $100 fine, plus the possibility of community service and substance abuse classes.
• A second MIP offense is a misdemeanor punishable by up to 30 days in jail and a $200 fine.
• A third offense would result in a sentence of up to 60 days in jail and a $500 fine. This could also result in a revocation of the minor’s driver’s license

Michigan law, MCL 436.1703(6) requires a minors' consent before a preliminary breathalyzer test, and there is no penalty for a non-driving minor refusing this consent.

*An officer may seek to obtain a court order requiring a breathalyzer test. The results of a preliminary chemical test or other blood alcohol test are admissible in a state civil infraction proceeding or criminal prosecution.

In Michigan, concealed carry is legal for residents 21 years and older with a Michigan Concealed Pistol License (CPL) and for non-residents 21 years or older and who have licenses or permits from their state of residency.

Michigan is a shall-issue state. A CPL must be issued if the applicant meets the requirements.

Under Michigan law, carrying a concealed weapon without a permit is a felony punishable by up to 5 years in prison and a $2,500 fine. A felony firearm conviction has a mandatory 2 year prison term.

Once a weapon is used in a criminal context it can result in more serious charges. A situation involving misdemeanor assault may be charged as felonious assault due to the use or threatened use of a dangerous weapon.

• An expungement refers to the removal of a criminal conviction from an individual’s public record. Most private employers, landlords, and the public in general, will not be able access the expunged conviction, however, law enforcement, courts, and certain state agencies retain a non-public record of the conviction.
• The automatic expungement process will begin in April 2023. For crimes ineligible for automatic expungement, an individual may seek to expunge a conviction through the Expungement by Application process.
• The Clean Slate Act allows the expungement of misdemeanor marijuana offenses such as: Use of Marijuana, Possession of Marijuana, and Possession of Drug Paraphernalia.
• DUI/OWI Expungements: First-violation Operating While Intoxicated (OWI) offenses will potentially be eligible for expungement by application. They will not be eligible for automatic expungement.

An automated system for expunging convictions without the necessity of filing an application was established in April 2023.

Up to 2 felony convictions will automatically be expunged the later of 10 years after sentencing or the person's release from custody.

Up to 4 misdemeanors will automatically be expunged 7 years after sentencing.

The following convictions are not going to be eligible for automatic expungement:

• convictions for "assaultive offenses";
• convictions for "serious misdemeanors";
• convictions for offenses punishable by 10 or more years imprisonment;
• convictions that involve a minor, a vulnerable adult, injury or serious impairment of a person, death of a person;
• convictions that involve human trafficking;
• and any conviction that cannot be expunged under new MCL 780.621c.

The following offenses cannot be automatically expunged or expunged by application:

• Certain DUI offenses *Please note that effective February 19, 2022, first-time DUI offenses may be eligible for expungement.
• Any offense punishable by life (see list at bit.ly/mics-life)
• Any traffic offenses committed by a person with a commercial driver’s license (CDL) while operating a commercial vehicle.
• Any traffic offenses causing injury or death.

Felony domestic violence if the individual has a prior misdemeanor domestic violence conviction.

• Criminal Sexual Conduct (CSC) 1st-, 2nd- and 3rd-degree. 
• CSC 4th-degree if committed on or after Jan. 12, 2015
• Out-of-state convictions
• Federal convictions

Miranda rights refer to a set of warnings that must be given by law enforcement officers to individuals who are in custody and being interrogated. The purpose of these rights is to inform individuals of their constitutional rights during the interrogation process.

Right to Remain Silent: Individuals have the right to refuse to answer any questions and remain silent. Anything they say can be used against them in a court of law.

Anything You Say Can and Will Be Used Against You: Individuals are made aware that any statements they make during the interrogation can be used as evidence against them in a legal proceeding.

Right to an Attorney: Individuals have the right to have an attorney present during the interrogation. If they cannot afford an attorney, one will be provided to them.

If You Cannot Afford an Attorney: If individuals cannot afford an attorney, one will be appointed to represent them at no cost.

Understanding of Rights: Individuals must understand and acknowledge their rights before an interrogation proceeds.

The purpose of Miranda rights is to protect individuals from self-incrimination and ensure that their constitutional rights are upheld during the legal process. These rights were established by the U.S. Supreme Court in the landmark case Miranda v. Arizona in 1966.

The Juvenile Justice System operates as a distinct legal framework tailored to address cases involving individuals under a certain age who engage in delinquent behavior. Unlike the adult criminal justice system, Michigan's approach prioritizes rehabilitation and treatment over punitive measures.

Juvenile Delinquency

Juvenile delinquency in Michigan refers to minors' involvement in criminal activities. Rather than solely focusing on punishment, the state's juvenile justice system aims to understand and address the root causes of delinquency, such as family dynamics, peer influences, or academic challenges.

Rehabilitation Programs

Central to Michigan's juvenile justice philosophy is rehabilitation. The system offers a range of interventions and services aimed at guiding juveniles towards positive behavioral changes.

These may include counseling, educational support, vocational training, and community-based programs.

Age of Criminal Responsibility

Michigan sets the age of criminal responsibility at 17 years old. Juvenile offenders aged 17 and younger are generally processed within the juvenile justice system, while older offenders may be subject to the adult criminal justice system for certain serious offenses.

Confidentiality and Privacy

Michigan's juvenile justice system prioritizes confidentiality and privacy to protect young offenders from undue stigmatization. This approach encourages an environment conducive to rehabilitation and facilitates a more successful reintegration into society.

Juvenile Court Proceedings

Juvenile court proceedings in Michigan differ significantly from adult criminal court proceedings. Michigan's juvenile justice system emphasizes informality, privacy, and a supportive environment to address the needs of young offenders. Juveniles do not have the right to a trial by jury, but their cases are heard before a judge or a juvenile hearing officer.

Disposition and Sentencing

Instead of traditional sentences like incarceration or fines, Michigan's juvenile justice system focuses on dispositions that prioritize rehabilitation and reintegration. The state offers various dispositions tailored to the individual's needs, such as probation, counseling, community service, or placement in a juvenile detention facility or residential treatment center. The goal is to address the specific challenges of each juvenile and facilitate positive behavioral changes.

The Juvenile Justice System adopts a compassionate approach to juvenile delinquency, prioritizing rehabilitation, tailored interventions, and confidentiality. By understanding underlying issues, it guides young offenders toward a brighter future and productive citizenship.

• The Arraignment is the first formal court appearance someone will make when they are facing criminal charges.
• The judge will read the charge(s) the defendant is facing, inform the defendant of the maximum possible time of incarceration, and inform the defendant of possible maximum fines if the defendant is convicted of the crime.
• The judge may ask the defendant if they want to plead guilty, not guilty, or stand mute.
• In Michigan, a judge will make sure the defendant has read over and signed an advice of rights sheet. This sheet informs a defendant of their right to have a jury trial, their right to have counsel, their rights to call witnesses and cross examine any witnesses that testify against them.
• Bond (bail) will be set depending on whether the Defendant is considered to be a flight risk or danger to the community.

Assault involves the threat or attempt to cause physical harm to another person, while Battery involves the actual physical contact and harm caused to another person.

Assault

Assault is an intentional act that causes a victim to have a reasonable apprehension of imminent harm. This means a person does not have to actually touch or harm another person to be charged with assault in Michigan. The threat of harm is enough to result in an assault charge.

An example is raising a fist or brandishing a weapon if the offender appears to have the ability to carry out the act and causes a reasonable person to be in fear of impending violence.

The penalties for assault in Michigan vary depending on the severity of the crime. Misdemeanor assault can result in up to 93 days in jail and a fine of up to $500. Assault without a weapon resulting in an aggravated injury is punishable by up to one year in prison and fines of up to $1,000. Assault with intent to do great bodily harm (less than murder), can result in a prison sentence of up to 10 years and up to $5,000 in fines

Battery

Battery in Michigan is the intentional infliction of violence or force against another person, such as punching another person. It is understood to be the completion of an assault.

The penalties for battery in Michigan also vary depending on the severity of the crime. Misdemeanor battery can result in up to 93 days in jail and a fine of up to $500, while felony battery can result in up to 10 years in prison and a fine of up to $5,000.

Defenses

Some common defenses include self-defense, defense of others, duress, and defense of property. These defenses can be used to argue that the defendant did not intend to harm the victim or that the defendant's actions were justified under the circumstances.

If you have been charged with assault or battery in Michigan, it is important to seek the advice of an experienced criminal defense attorney who can help protect your rights and defend your case.

Operating While Intoxicated is the legalese referring to "drunk driving" or "driving under the influence." In Michigan, operating while intoxicated (OWI) is defined as operating a vehicle:

• With a blood alcohol content (BAC) of .08% or greater;
• With any amount of a controlled substance in the body;
• While under the influence of any intoxicating liquor, or
• While under the influence of any controlled substance or intoxicating substance.

What are the consequences and penalties for drinking and driving?

• First Offense - up to 93 days in jail, fines ranging from $100 to $500, 360 hours community service, vehicle immobilization at the court's discretion, possible ignition interlock device during probation.
• Second Offense -Jail time of 5 days to one year, fines of $200 to $1,000, minimum 30 days community service (maximum 90 days), possible ignition interlock device during probation, mandatory vehicle immobilization.
• Third Offense - A third OWI offense becomes a felony. There is an absolute minimum period of 30 days in jail. Possible jail time is 1 to 5 years in prison or 30 days with probation. There will also be a fine of $500 to $5,000, 60 to 180 days community service, driver's license revocation, possible vehicle forfeiture or immobilization for 1 to 3 years, vehicle registration denial and 6 points on driver's license.

Driver's license restoration refers to the legal process of regaining driving privileges that have been suspended or revoked. It typically involves a series of steps and requirements that individuals must fulfill to demonstrate their eligibility for license reinstatement.

Suspension or Revocation:

A driver's license can be suspended or revoked due to various reasons, such as traffic violations, DUI/DWI offenses, accumulating too many points on the driving record, or failure to meet certain legal requirements.

Eligibility for Restoration:

The specific requirements for license restoration vary depending on the jurisdiction and the reason for the suspension or revocation. Common eligibility criteria may include completing the period of suspension or revocation, paying fines or fees, completing mandatory courses or programs, and providing proof of insurance.

Application Process:

To initiate the license restoration process, individuals typically need to submit an application to the appropriate department or agency responsible for driver's licenses. The application may require providing personal information, details about the suspension/revocation, and any required supporting documentation.

Hearing or Evaluation:

In some cases, a hearing or evaluation may be required as part of the restoration process. This could involve meeting with a hearing officer or participating in a driver assessment program to assess driving skills, knowledge of traffic laws, and compliance with any required treatment or counseling.

Compliance and Proof:

Individuals seeking license restoration may need to provide evidence of compliance with all the necessary requirements, such as proof of completion of any mandated courses, proof of insurance, or evidence of successful completion of a rehabilitation program.

Decision and Reinstatement:

After reviewing the application and supporting documents, the licensing authority will make a decision regarding license restoration. If the restoration is approved, individuals will be issued a reinstated driver's license and may be required to pay any applicable fees.

It is important to note that the specific process and requirements for driver's license restoration can vary significantly based on jurisdiction and the circumstances of the suspension or revocation. Therefore, it is advisable to consult with a legal professional or contact the relevant licensing agency to obtain accurate and up-to-date information regarding the driver's license restoration process in a particular jurisdiction.

Fleeing and eluding is a serious offense that occurs when a driver intentionally refuses to comply with a law enforcement officer's attempt to stop their vehicle. Fleeing and eluding laws in Michigan are designed to ensure public safety and uphold the authority of law enforcement officers. Under Michigan law, there are different degrees of fleeing and eluding, each carrying distinct penalties:

Fleeing and Eluding in the Third Degree

This involves knowingly fleeing a police officer in a vehicle, but without causing injury or the risk of injury to another person. It is a felony offense and can result in imprisonment for up to five years and fines of up to $1,000.

Fleeing and Eluding in the Second Degree

This occurs when a driver knowingly flees a police officer and, in the process, causes injury to another person. It is a felony with more severe penalties, including imprisonment for up to ten years and fines of up to $5,000.

Fleeing and Eluding in the First Degree

The most serious of the three, this offense involves knowingly fleeing a police officer and causing death to another person. It is a felony punishable by imprisonment for up to fifteen years and fines of up to $10,000.

Defending against fleeing and eluding charges in Michigan requires a thorough understanding of the law and the specific circumstances of the case. Here are some potential defenses that a skilled criminal defense attorney could explore:

Lack of Intent:

Fleeing and eluding charges often require the prosecution to prove that you knowingly and intentionally attempted to flee from law enforcement. If it can be shown that your actions were not a deliberate attempt to evade the police, it could weaken the prosecution's case.

Mistaken Identity:

If there is evidence to support that you were not the individual involved in the fleeing and eluding incident, such as mistaken identification by witnesses or law enforcement, this could be used as a defense.

Emergency or Duress:

If you were fleeing due to a legitimate emergency or if you believed you were in immediate danger, it might be possible to argue that your actions were justified under the circumstances.

Remember that the effectiveness of these defenses depends on the specific facts and circumstances of your case. It's crucial to consult with an experienced criminal defense attorney who can assess your situation, build a tailored defense strategy, and advocate for your rights in court.

Legal sentencing guidelines provide a framework for judges to determine the appropriate punishment or sentence for individuals convicted of crimes. These guidelines aim to promote consistency, fairness, and proportionality in the criminal justice system. Here is a brief description of legal sentencing guidelines:

Determining Factors:

Sentencing guidelines consider various factors, such as the severity of the crime, the defendant's criminal history, the impact on victims, and any aggravating or mitigating circumstances surrounding the offense.

Sentencing Ranges:

Guidelines typically provide a range of possible sentences for each offense, taking into account the specific circumstances. The range may include minimum and maximum sentences, as well as recommended or suggested guidelines for judges to follow.

Discretion of Judges:

While guidelines provide a framework, judges often have some degree of discretion to deviate from the recommended range based on individual case circumstances. They may consider factors like the defendant's remorse, cooperation with authorities, or unique circumstances that may warrant a departure from the guideline's suggested sentence.

Mandatory Minimums:

In some cases, legislatures have established mandatory minimum sentences for certain offenses. These require judges to impose a minimum sentence that may limit their discretion in determining the appropriate punishment.

Sentencing Departures:

In exceptional cases, judges may have the authority to depart from the sentencing guidelines and impose a sentence outside the recommended range. This typically requires substantial justification based on specific circumstances and may involve seeking approval from a higher court.

Sentencing Disparities:

Despite guidelines, disparities in sentencing can occur due to variations in judges' interpretations, biases, or individual case circumstances. Efforts are made to address these disparities and promote consistency through ongoing review and refinement of the guidelines.

Sentencing guidelines can vary between jurisdictions, as they are often established at the state or federal level. They serve as a tool to assist judges in making informed sentencing decisions, balancing punishment with rehabilitation and ensuring the fairness and uniformity of sentences across similar offenses.