Criminal Defense

Articles Posted in Criminal Defense

What Happens if I Violate a Restraining Order?

March 6, 2025

When served with a restraining order—sometimes referred to as a personal protection order (PPO)—one must refrain from contact with a specific person. The 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 mistake can land you in jail, cost you fines, or possibly both. If you’re charged with violating a restraining order, it’s crucial to contact an Oakland County restraining order lawyer without delay to protect your rights and work toward the best possible outcome for your situation. At Michigan...

Posted in: Criminal Defense

Driving on a Suspended License in Michigan

February 12, 2025

by Michigan Defense Law

Michigan’s stringent laws against driving with a suspended license can pull drivers into a web of legal troubles, each more problematic than the last. A suspended license casts a long shadow over your daily life, from limiting your ability to commute to impacting your standing in professional circles. The consequences extend beyond the immediate legal penalties, potentially affecting your insurance premiums, job prospects, and financial stability due to hefty fines and the specter of civil litigation. In these critical moments, the guidance of a seasoned Oakland County criminal defense attorney from Michigan Defense Law becomes an indispensable asset. Our legal...

Posted in: Criminal Defense, DWI

What is Disorderly Conduct in Michigan ( MCL 750.167)

January 28, 2025

by Michigan Defense Law

Disorderly conduct charges in Michigan cover a wide range of behaviors that can lead to legal consequences, from fines to potential jail time. The laws under MCL 750.167 address actions considered disruptive or harmful to public peace, often leaving individuals unsure about their rights and options. With penalties varying based on the circumstances, understanding the nuances of these laws is essential for anyone facing such accusations. If you or someone you know is facing disorderly conduct charges in Michigan, seeking legal assistance is crucial to protecting your rights and minimizing potential penalties. Attorney Paul J. Tafelski and our team of...

Posted in: Criminal Defense

When is a “Stop and Frisk” Illegal?

January 13, 2025

by Michigan Defense Law

The Fourth Amendment of the U.S. Constitution prohibits unlawful search and seizure. There are many ways in which a search and seizure can be unlawful, from the illegal search of a person to the unlawful seizure of property from an alleged criminal suspect’s home or motor vehicle. One of the more contentious issues concerning the Fourth Amendment and its protection is the practice of “stop and frisk.” In 2013, The New York Times published an article about the prevalence of racial discrimination in “stop and frisk” procedures and programs. Despite the fact that a New York court found the NYPD’s...

Posted in: Criminal Defense, Juvenile Offenses, Property Seizures

Tagged: Criminal Defense Attorney, police discrimination, probable cause, stop and frisk, Terry Stop, unlawful search, unlawful searches, unlawful seizure

Will I Go to Jail for My First DUI in Michigan?

January 9, 2025

by Michigan Defense Law

Being charged with a DUI for the first time in Oakland County, Michigan can be a frightening and overwhelming experience. You may be worried about potential jail time, license suspension, hefty fines, and how a conviction could affect your future. Michigan’s DUI laws are strict, but whether or not you face jail time depends on the specifics of your case, including your Blood Alcohol Content (BAC) and any aggravating factors and the Judge you get. Understanding the legal consequences of a first DUI can help you prepare for what lies ahead and explore options to minimize the impact on your...

Posted in: Criminal Defense

Violating Probation

December 18, 2024

by Michigan Defense Law

Violating probation can result in serious legal consequences. When someone is on probation, they are required to adhere to specific conditions set by the court as an alternative to imprisonment. However, failing to comply with these conditions, such as missing appointments, failing drug tests, or committing new offenses, can result in probation violations. Understanding the implications of violating probation and seeking legal guidance in such situations is crucial to protecting one’s rights and navigating the legal process effectively. If you are unsure about what acts constitute a probation violation, seeking professional legal assistance can make a significant difference in the...

Posted in: Criminal Defense

Are DUI Checkpoints Legal in Michigan?

November 5, 2024

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

Prison Vs. Jail: What is the Difference?

October 31, 2024

by Michigan Defense Law

When discussing incarceration, it’s important to recognize the distinct roles that jails and prisons play within the criminal justice system. These institutions serve different functions and cater to different stages of legal proceedings, which can significantly impact the experience of those involved. The environment, length of stay, and available resources vary greatly between jails and prisons, affecting everything from daily routines to long-term outcomes. Understanding these differences can provide critical insight into the challenges and opportunities individuals may face while incarcerated. For those facing criminal charges in Oakland County, having a clear grasp of these differences is crucial for effective...

Posted in: Criminal Defense

12-Panel Drug Test in Michigan

October 24, 2024

by Michigan Defense Law

Drug testing is a crucial aspect of maintaining safety and compliance in various sectors, from employment to criminal justice. A 12-panel drug test, which detects twelve different substances, is often a key factor in cases involving driver’s license suspensions or revocations due to drug-related offenses. In Michigan, understanding the process is essential due to the state’s stringent drug laws and efforts to combat substance abuse. Whether you are an individual facing these tests or a legal professional navigating these complexities, knowing what the test detects and how it is administered can be vital. If you are seeking to restore your...

Posted in: Criminal Defense, License Restoration

Can You Appeal a DUI Conviction?

October 21, 2024

by Michigan Defense Law

Facing a DUI conviction can be overwhelming, and you might be wondering if there’s a way to challenge the decision. The appeal process offers a pathway to contest the outcome if there were errors or issues during your trial. By appealing, you can ask a higher court to review the original proceedings and potentially overturn or modify the conviction. However, appealing a DUI conviction involves a complex legal process that requires a deep understanding of the law and careful attention to detail. It’s crucial to determine whether you have valid grounds for an appeal and to act within the strict...

Posted in: Criminal Defense, DWI