Articles Posted in Criminal Defense

In Michigan, habitual offender enhancements are significant legal stipulations that can dramatically increase the severity of sentencing for individuals with prior felony convictions. When someone is charged with a felony and has previous felonies on their record, these enhancements can lead to longer prison terms and more stringent penalties. It’s crucial to be aware of the implications of these provisions for anyone facing charges under them. At Michigan Defense Law, our team of skilled Oakland County criminal defense lawyers is deeply familiar with the habitual offender laws in Michigan. We are committed to protecting the rights of our clients by...

Drivers convicted of drunk driving offenses such as Operating While Intoxicated (OWI), Operating While Visibly Impaired (OWVI), or violations under the state’s “Superdrunk” law face severe penalties, including significant impacts on their driving privileges. Michigan has stringent driving sanctions for drunk drivers. It is possible to lose your driver’s license even before you are convicted of DUI if you refused a chemical test after your arrest. This is called an implied consent violation, and the penalty is a one-year suspension of your license and six points, even if you are innocent of the actual drunk driving.  If you have been...

In most states, the law that prohibits drunk or drugged driving is referred to as a DUI, or driving under the influence. However, in Michigan, slightly different terminology is used to refer to these charges. In Michigan Vehicle Code section 257.625, lawmakers lay out the different types of Michigan drunk driving offenses. If you have been charged with drunk driving in Oakland County, it is important to speak with an Oakland County DUI lawyer today. Contact us at (248) 451-2200 to schedule a consultation. What is Considered an OWI in Oakland County? An OWI, or Operating While Intoxicated, is the...

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...

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...

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...

Reinstating a license that has been suspended indefinitely in Michigan can be a complex and challenging process. Unlike suspensions with a fixed end date, an indefinite suspension remains in effect until you fulfill specific legal requirements or receive approval from the Michigan Department of State or a court of law. This process may involve completing court-ordered tasks, paying fines or fees, or providing documentation, such as a substance use evaluation or medical statements. Understanding the steps involved and the necessary actions to take is crucial for anyone facing this type of suspension. If you are dealing with an indefinite license...

Is it mandatory for police in Michigan to obtain a warrant before conducting a blood draw on a DUI/OWI suspect? According to Michigan law (MCL 257.625a), individuals under 21 can be charged with OWI based on any detectable alcohol level in their blood, breath, or urine, while those 21 and older must have a blood alcohol content (BAC) of 0.08% or higher. Although breathalyzer tests are commonly used by Michigan police officers to determine a driver’s BAC, officers might also opt for a blood test. Is a warrant necessary for law enforcement officers to compel a blood test from a...

When it comes to navigating the intricacies of Michigan’s legal statutes, particularly those surrounding property crimes, understanding the layers of breaking and entering laws is paramount. In Michigan, breaking and entering is not just a singular action; it can range from unauthorized entry into a structure to entering with the intention of committing a felony or theft. Actions as seemingly innocuous as slipping through an unlocked door or as overt as smashing a window can set the stage for breaking and entering charges. The offense becomes more severe when coupled with the intent to commit a crime. Whether you find...

Know that it’s very easy for a judge who is handling 50 cases per day to give you 90 days in jail instead of 30 days in jail. They won’t necessarily think twice about it, and they’re numb to the whole situation. They do it every day. Often, a good attorney can present the client in the best possible light. He can know that judge and know what to say and present to the judge. He can know how to coach the client to appear as well as possible to the specific judge to receive a potential of less jail...