Articles Posted in Criminal Defense

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...

Having a driver’s license in Michigan gives you driving privileges, but it also comes with certain responsibilities. One of these is what’s known as “implied consent.” This means that if police suspect you of driving under the influence (DUI), you’ve already agreed to take a breath, blood, or urine test. Refusal to comply with a chemical test can bring serious consequences on its own, including a suspended license, regardless of whether a DUI charge is substantiated. These laws can feel confusing and overwhelming, especially if you’re already facing a DUI or refusal charge. Our Oakland County DUI attorneys at Michigan...

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...

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...

A hit-and-run occurs when a driver involved in a collision flees the scene without stopping to fulfill their legal obligations, such as providing necessary information or rendering aid to injured parties. In Michigan, this behavior is considered a criminal offense and is punishable by law. The state has implemented specific regulations and penalties to deter and address these incidents, aiming to ensure accountability and justice for the victims. Understanding the causes, consequences, and legal implications of hit-and-run incidents is crucial for fostering safer roadways and promoting responsible driving behaviors in Michigan. If you have been charged with a hit-and-run offense...

The arraignment is a critical stage of the criminal justice process where you will be formally informed of the charges against you and given the opportunity to enter a plea. Pleading guilty means accepting responsibility for the alleged offense and can have significant consequences on your future. Before you make any decisions, it is vital to educate yourself about the potential outcomes and consult an experienced Michigan criminal defense attorney.  At Michigan Defense Law, our team of legal professionals can conduct a thorough evaluation of your case, examining the evidence, the strength of the prosecution’s case, and any potential defenses...

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 criminal defense lawyer to ensure that your legal rights are being protected.  At Michigan Defense Law, our lawyers can provide you with...

Aggressive driving is dangerous – and it is a good way to get yourself arrested for DUI in Michigan. At Michigan Defense Law, our Michigan DUI lawyers are here to help you navigate the legal system and protect your rights if you have been charged with an aggressive DUI offense. Don’t face this challenging situation alone – contact us today at (248) 451-2200 for a consultation. 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...