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There can be no doubt that domestic violence is a serious matter under Michigan’s Domestic Violence Prevention and Treatment Act. However, you are in a very difficult position if the allegations against you are untrue, exaggerated, or based upon ulterior motives. Unfortunately, false accusations of domestic abuse are more common than you think. They are particularly prevalent in divorce or custody cases when one party is trying to gain an advantage in court. Even when you know you are innocent, anger, frustration, and despair may take the place of logic. Do not allow your emotions get the best of you...
Recently a state appellate court issued a per curiam decision in a defendant’s appeal of her Michigan drug offense conviction. The case arose when officers discovered a bag of cocaine in a store dressing room. An officer approached the defendant and her friend inquiring about the drugs, and the defendant admitted that the cocaine was hers. The defendant unsuccessfully motioned to suppress her confession because they were given involuntarily and in violation of her Miranda rights. A jury convicted the defendant of possession of cocaine. The officer testified that he did not threaten, restrain, or block her ability to exit...
Recently, the Michigan Court of Appeals ruled that judges can no longer prohibit defendants from using medical marijuana as part of their probation. The defendant was charged with assault and battery following a road rage incident. He pleaded guilty, and the judge sentenced him to one year of probation. A condition of probation was that the defendant was not to use marijuana, including medical marijuana. To speak with a top-rated probation violation lawyer, please call us today. In response, the defendant filed a motion arguing that the Michigan Medical Marijuana Act (MMMA) entitles individuals to certain protections, such as protection...
Police are constantly put into dangerous positions in the pursuit of their work. Consequently, anything that creates more danger to the public and the officers when making traffic stops, making an arrest, or serving a warrant is taken very seriously. Fleeing or eluding a police officer is not only dangerous but is considered a felony offense. If you have been charged with fleeing and eluding in Michigan, it is crucial to get the help of a skilled Michigan defense lawyer to ensure that your legal rights are being protected.  What is Considered Fleeing and Eluding Police in Michigan? Under Michigan...
Posted in: Criminal Defense
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
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
Finding employment when you have a criminal record can always be difficult, whether it is with a private company or a large enterprise like the airport. Airports employ many different types of people, from TSA workers to retail and kitchen work. Depending on which organization is doing the hiring for the position you are interested in, they may have different hiring criteria. Whether you are looking to work for the airport itself, an individual airline, or one of the many other supporting positions within the airport, any commercial airport is subject to concerns about national security. While you will be...
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
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...
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