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Paul J. Tafelski Blog

If I’m Stopped for Driving Under the Influence, Can I First Talk to an Attorney?

November 22, 2023

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...

Posted in: Drunk Driving

What Is The Process Of Probation In Michigan?

November 21, 2023

by Michigan Defense Law

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 violating probations, contact a reputable...

Posted in: Criminal Defense

DUI Public Defender versus Private Lawyer

November 20, 2023

by Michigan Defense Law

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

Can You Travel during Your Probation?

November 17, 2023

by Michigan Defense Law

Probation frequently includes numerous regulations, which often vary based on the type of crime for which you were convicted and the conditions determined by the court and your probation officer. If you are currently serving probation, you might be questioning what limitations you have, including your ability to travel. This question is particularly relevant for those who need to travel due to work obligations, family commitments, or for the enjoyment of a well-earned break. Navigating the specifics of probation and travel can be challenging, as it typically depends on individual situations. It is crucial to seek advice from a skilled...

Posted in: Criminal Defense

Are DUI Checkpoints Legal in Michigan?

November 10, 2023

by Michigan Defense Law

DUI checkpoints, often referred to as sobriety checkpoints or roadblocks, are a law enforcement tactic designed to curb and apprehend impaired drivers. Interacting with law enforcement, especially when it involves being scrutinized for potential wrongdoing, can be understandably intimidating. As such, it is important to understand your rights and responsibilities during traffic stops and DUI-related encounters with law enforcement. The police are subject to protocols that govern how they should conduct checkpoints and traffic stops while upholding both the law and the drivers’ rights. However, deviations from protocol happen and it may be necessary to challenge how these legal processes...

Posted in: Criminal Defense, DWI

What Is the Michigan Legal Alcohol Limit?

October 11, 2023

by Michigan Defense Law

Navigating the legal alcohol limits in Michigan is a critical responsibility that every individual should take seriously. Understanding these limits and their implications can help prevent legal troubles and ensure the safety of yourself and others on the road. However, when faced with complex legal matters related to alcohol offenses, such as the penalties involved in an underage OWI or the legal implications of an OWI with prescription drugs, seeking experienced help from a Michigan OWI (Operating While Intoxicated) lawyer becomes crucial. If you find yourself in a situation involving an OWI charge or have questions about the legal alcohol...

Posted in: Drunk Driving, DWI

Top 5 Reasons Why You Should Not Take A Plea Bargain in Michigan

October 9, 2023

by Michigan Defense Law

A plea bargain is an agreement between the defendant and prosecutor, in which the defendant pleads guilty in exchange for a lesser charge or a reduced sentence. Despite its popularity, there are valid reasons to opt for a trial, including asserting one’s right to a fair trial and the potential for a better outcome. By understanding the implications of plea bargains and weighing the pros and cons, a defendant can make a more informed decision on how to proceed with their case. Working with a skilled private criminal defense attorney can also help ensure that your case gets the personalized...

Posted in: Criminal Defense

What Is the Difference Between DUI, OWI, OWPD, and OWVI Charges in Michigan?

October 5, 2023

by Michigan Defense Law

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 DUI lawyer today at (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

Bond vs. Bail

October 4, 2023

by Michigan Defense Law

When dealing with legal matters in Michigan, it’s crucial to understand the distinctions between bail and bond. These terms commonly arise when individuals seek temporary release from jail while awaiting trial. Despite being used interchangeably, bail and bond have separate meanings and implications within Michigan’s legal system. By comprehending the nuances of bail and bond in the context of Michigan statutes, individuals can navigate the complexities of the criminal justice system more effectively. In Michigan, bond and bail are mechanisms for releasing individuals accused or charged with a crime before their trial. Bond involves providing financial assurance on the defendant’s...

Posted in: Criminal Defense, Criminal Procedure

The Michigan Good Faith Exception to the Exclusionary Rule

October 4, 2023

by Michigan Defense Law

In legal jurisprudence, one rule that often comes under scrutiny is the exclusionary rule. This principle, which is used in the United States legal system, prevents evidence collected or analyzed in violation of a defendant’s constitutional rights from being used in a court of law. However, like many legal principles, the exclusionary rule is not absolute. One such exception that has been recognized in various jurisdictions, including Michigan, is the “good faith exception”. This exception allows for the use of evidence that was obtained in violation of a person’s rights if the law enforcement officials collecting the evidence had a...

Posted in: Search and Seizure