Criminal Defense

Articles Posted in Criminal Defense

When served with a restraining order—sometimes referred to as a personal protection order (PPO)—one must refrain from contact with a specific person. An order contains detailed information regarding prohibited actions and behaviors concerning the person seeking protection. Any violation of the restraining order results in serious consequences under Michigan law. A simple slip-up can land you in jail, cost you fines, or possibly both. If you’re charged with violating a restraining order, contact a Michigan criminal defense lawyer without delay. Types of Restraining Orders A restraining order is a court order for one person to stop violence or threats against...
Posted in: Criminal Defense
Interviewer: How does someone violate probation? Some Alcohol-Related Conviction Require Random Testing as a Condition of Probation Paul Tafelski: Let me give an example involving a drunk-driving case. Let’s say you get put on probation for drunk driving and one of the terms of probation is that you’re not allowed to use alcohol and you have to take random breath tests. With random breath tests, you usually have to call a phone number every morning and listen to a recorded message. You will be assigned a certain color, and if your color is announced on that message, then you have...
Posted in: Criminal Defense
If you have been convicted of a crime in Michigan, you may already understand how it adversely impacts your life even after you have completed your sentence.  In the United States, nine out of 10 employers, four out of five landlords, and three out of five colleges screen out applicants with criminal records through publicly accessed background checks. Consequently, a criminal record can still remain a serious barrier even for those who have paid their debt, remained conviction-free, and want to move on with their lives. It is important to speak with a qualified Michigan expungement attorney before making any...
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
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...
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
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
Aggressive driving is dangerous – and it is a good way to get yourself arrested for DUI in Michigan. More than 600 drivers recently were pulled over by Michigan State Police troopers in the first week of a month-long crackdown on aggressive driving in Detroit, according to the Detroit Free Press. Motorists were stopped for speeding, tailgating, changing lanes unsafely and texting while driving. If you are stopped by a police officer for any reason, you are in a vulnerable position. An initial stop can lead to other charges. If the officer discovers that you have been drinking, you can be charged...
Posted in: Criminal Defense
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