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Why Are EtG Tests Performed? An EtG test, short for ethyl glucuronide test, is commonly performed on DWI probationers to determine if they have consumed alcohol. Many probationers are required to refrain from drinking while on probation in Michigan. An EtG test can be administered as part of a scheduled test or without telling you in advance that you will be tested. If an EtG comes up positive for alcohol, a probation violation may be filed against you. A probation violation should always be taken seriously as it can result in additional penalties, including jail time or complete revocation of...
Posted in: DWI
Anyone accused of a crime in the United States has the right to an attorney if they face jail time. That includes anyone charged with operating a motor vehicle while intoxicated under Michigan law. As anyone who has watched a crime-related TV show knows, part of the famous Miranda warnings includes the statement: “if you cannot afford an attorney, one will be appointed for you,” or something to that effect. If the court determines you are indigent you will have the right to a court appointed attorney.  However, the court will ultimately charge you some fee for use of the...
Posted in: Drunk Driving
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 breath 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 in this situation, it is...
Posted in: DWI
Interviewer: Let’s talk about no-contact orders or protection orders or restraining orders. How do they work and are they all the same thing? Paul Tafelski, criminal defense attorney: They’re not all the same thing but they are very similar in what they actually do. A no-contact order is typically a condition of bond and that’s set by the judge as soon as there’s a formal charge filed in almost every domestic violence case. We have had success on occasion getting judges to modify that to no assaultive contact, no abusive behavior, that kind of thing so the parties can still...
Posted in: Criminal Defense
There are lots of examples of things that could be misdemeanors, but typically it is going to be something that is considered a bit more serious in nature. The court has the authority and or the discretion to be able to potentially put you in jail for what you did. The most common one in the driving and traffic realm is driving while a license is suspended. That is a ticket that will be issued, because somebody failed to pay a speeding ticket and their license was suspended and then pulled over. Sometimes the drivers do not even know that...
In Michigan, the age of consent is 16 years old. A child younger than 16 cannot consent to sexual contact, even with another minor. Adolescents age 16 and older may consent to sexual contact with all others over the age of 16, except for in certain circumstances. When an individual engages in vaginal, anal, oral, or digital penetration with a minor who cannot consent to sex, he or she may be charged with statutory rape. This offense is also known as criminal sexual conduct. If you find yourself or a loved one in this situation, it is imperative you consult...
Probation is an alternative to jail for somebody who has been convicted of some type of criminal offense. The judge basically has a few choices when somebody is convicted as far as what the punishment should be. The first is to just put them in jail and forget about them. The second is to give them jail and the combination of probation or the third is probation only and by last chance, the last option and the least often imposed is simply a fine and no jail or probation. If you have been charged with probation violations, contact a reputable...
Posted in: Criminal Defense
Interviewer: Can you actually leave town while you’re on probation? The Court Must Know and Approve of Any Travel Plans Paul Tafelski, Michigan Criminal Lawyer: The banner condition of probation is that you’re not to leave the state of Michigan without the court’s permission. And sometimes we can arrange that kind of permission right at the time of sentencing; for example, by letting the court know that the client has to travel for work and get the judge’s blanket permission for them to travel. Other times, they may have a specific trip planned or a specific event coming up, and...
Posted in: Criminal Defense
Earlier this month, a state appellate court issued an interesting opinion in a Michigan gun case. The opinion implicates several areas of criminal law, including the state’s open-carry law and constitutional protections against unreasonable searches and seizures.  If you have been arrested, it is important to speak with a Michigan firearms lawyer before you make any decisions. The Facts of the Case According to the court’s opinion, the defendant was checking his oil at a gas station. As the defendant leaned over the hood of his car, officers passed by on routine patrol. As the officers glanced towards the defendant,...
Posted in: Weapons Offenses
What Is the Difference Between DUI, OWI, OWPD, and OWVI Charges in Michigan? Throughout the country, some common acronyms are used to denote drunk driving. The most common are DUI, or driving under the influence, or DWI, driving while intoxicated. And while these are more well known throughout the country and often commonly used here in Michigan as well, the actual legal terms are more focused.  If you’ve been arrested, call to speak with a Michigan DWI lawyer today (248) 451-2200. In Michigan, we have various levels of impaired driving offenses. What you are charged with will depend on many...
Posted in: Criminal Defense

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