Articles Posted in Criminal Defense

The Supreme Court of Michigan recently issued an opinion addressing whether a court appropriately charged a defendant with jury tampering for passing out pamphlets to individuals called for jury duty. After learning about a case against a man indicted for violating environmental regulations, the defendant became interested in jury nullification. On the morning of the man’s trial, the defendant went to the courthouse and began distributing pamphlets that described and promoted jury nullification. The pamphlets did not mention the man’s case, but instead, provided general information regarding jurors’ rights. However, the defendant handed the pamphlet to two women who told...

Criminal convictions often linger on your record for the rest of your life, leaving you stuck with the consequences. Any time an employer performs a background check, your conviction shows up. The conviction can then move you further down on a future employer’s list or even prevent you from getting a job at all. Not only that, some jobs will not hire you with criminal convictions of any type on your record. Luckily, a good expungement attorney can give you options for removing that record from the public eye, which can make it easier for you to seek employment or...

In Michigan, the law is tough on underage drinking and driving. If you are under the age of 21, have a measurable amount of alcohol in your blood, and are operating a vehicle, the consequences are severe. According to the Centers for Disease Control, more than 4,300 underage youth die each year from excessive drinking. Even though it is illegal for people under the age of 21 to drink alcohol, those aged 12 to 20 years drink 11 percent of all alcohol consumed in the United States and over 90 percent of the alcohol is consumed while binge drinking. The...

If you are arrested for shoplifting, it is important to learn more about the criminal charges you are facing and to seek help from a Michigan retail fraud defense lawyer as soon as you can. We often assist individuals who are facing shoplifting charges, and we want to walk you through some of the most important steps to take after being arrested in Michigan. Understand the Charges You are Facing If you are caught shoplifting in Michigan, you will likely be facing retail fraud charges (MCL 750.356c). Depending upon the value of the item you allegedly stole or attempted to...

“Sexting” is the practice of sending and receiving sexually charged and sexually explicit text, images, and videos. Sexting can be done via text message, email, through social media, or through other means. Many different actions fall into the category of “sexting.” These include: Knowingly possessing an image or video of a minor engaged in sexual activity or posing in a sexual manner; Sharing, selling, or promoting a sexually explicit image or video of a minor; and Encouraging, coercing, or persuading a minor to share sexually explicit images or videos or him- or herself or to create this type of imagery...

You’re likely familiar with some of the legal consequences of a conviction on drug charges in Michigan. For possession of drugs listed at the lower levels of the state’s drug schedule system, such as certain prescription and over-the-counter drugs, you could be facing misdemeanor charges. Your sentence may carry up to a year in prison and maximum fine of $2,000. Possession of controlled substances designated as more serious under Michigan law, including marijuana, heroin, and cocaine, may lead to felony charges. Your sentence may be two years or more in prison and hefty fines. However, many people accused of drug...

Interviewer: Are there any diversion programs or alternative punishments for people that you can try to enroll your clients in so they can reduce jail time or other consequences? Attorney Tafelski: In some cases where we’re able to identify a defense, a problem with the case, meaning that either the stop was invalid or the arrest was invalid, or the administration of the breath test was improper, or the machine was not working properly. Building a Strong defense is Beneficial in Negotiating with the Prosecutor and May Assist in Having the Charge Reduced Sometimes in cases where we can identify...

The Driver’s License Appeal Division, or the DLAD, is a part of the Secretary of State that is set up to deal with various types of driver’s license issues. For example, most people are familiar with the DLAD when they are searching for lawyers and are trying to get their driver’s license restored after having had two or more drunk driving convictions. However, the Driver’s License Appeal Division handles a variety of other matters as well including appeals from branch offices or applications that were denied and driver assessment actions, where someone has lost their license because of a medical...

If someone loses the first DLAD hearing, he or she cannot apply again to the Secretary of State for one year. However, that initial decision can be appealed to the circuit court where the arrest was made. There has been a recent change to the law that took effect on August 15 of 2016 that allows the circuit court judge authority to either uphold the decision of the hearing officer, or reverse it completely and give the person a full license. Typically, these appeals were very limited in nature to just constitutional issues or a hearing officer totally overstepping their...

Interviewer: What does jurisdiction mean? Each Court Has Jurisdiction over Certain Types of Cases in Certain Geographical Areas Paul Tafelski: Each court will have jurisdiction over certain types of cases in certain geographic areas. Here in Michigan, the district courts usually have responsibilities for certain cities. For example, the district courts in Rochester Hills are responsible for civil matters under $25,000, landlord-tenant matters, traffic tickets and criminal misdemeanors for the cities of Rochester Hills, Auburn Hills, Rochester, Lake Angelus, Lake Orion, Addison Township, Orion Township, Oakland Township and Oxford. Certain Courts Hear Civil Cases Where the Value of an Award...