February

Articles Posted in February 2015

Advice to Potential Clients

February 24, 2015

Interviewer: Let’s say I’ve been through this situation where I’ve been charged with domestic violence. What are some things that would be able to help my case that you would recommend to me? Paul Tafelski: Obviously, the first thing is meeting with the attorney and kind of reviewing the case step-by-step through the whole night. One of the best defenses is self-defense, and so gathering evidence that may exist to help show that the other person started it and you were just using the force necessary to keep them away from you. That’s a big one. The second one would...

Posted in: Criminal Defense

A Victim Of Assault And Battery Has The Potential Right To Sue The Responsible Person For Damages

February 17, 2015

by Michigan Defense Law

Interviewer: Now if someone was assaulted and they’re involved, however, it seems more and more like it wasn’t their fault. Could they then decide to sue for hospital bills if some of the damages were serious like broken nose, or teeth or something like that? Paul Tafelski: Any time you’re a victim of assault and battery and you got medical bills or out-of-pocket damages or even personal injury or pain-and-suffering damages, you have the right to sue somebody. That would not be part of the criminal case except for the extent that, if let’s say you had some out-of-pocket medical...

Posted in: Criminal Defense

A Small Percentage of OWI Cases Are Attributed to Drugs

February 10, 2015

by Michigan Defense Law

Interviewer: Of the cases that you see, what percentage now are due to drugs, either illegal or prescription drugs? Attorney Tafelski: It’s still a relatively small percentage. Don’t forget, with prescription drugs it’s not illegal to drive unless your ability to drive is impaired. If the police officer pulls you over for Xanax or Percocet or Vicodin, and even thinks you’re acting a slightly impaired, he still has to put you through the field sobriety test and make a determination that your driving is impaired by the drugs. Then they would have to get a blood draw. Then, really, they’ve...

Posted in: Drug Crimes, DWI

A Police Officer Can Interview A Child Without The Parents Consent In A Domestic Violence Case

February 3, 2015

by Michigan Defense Law

Interviewer: Could a police officer question a child without the consent of the parent in a domestic violence case? Paul Tafelski: Yeah. Typically they will interview kids who they think are old enough to give a statement if they think it’s necessary. For example you might have a situation where the accused admits that what the accuser says is true. Well in that situation the cops might not feel like they have to interview the kids because they might feel like they just got an admission from the defendant and they have the statement of the complaining witness so they...

Posted in: Domestic Violence