Articles Posted in Criminal Defense

Interviewer: I’ve heard that there are other kinds of assault, not to get disgusting or lewd, but I’ve heard stories where people spit on other people and that could be a more severe charge? Paul Tafelski: Typically that would fall right smack dab in there of domestic violence and that would be considered a battery because it’s a harmful or offensive touching and so by spitting on somebody that’s pretty much a battery and often times that would get you prosecuted. Not that uncommon. Throwing Dirty Toilet Paper at a Person Can Get You Arrested in Michigan Interviewer: I’m trying...

Interviewer: Have you ever seen situations where social media may come into play? Paul Tafelski: Yup. The typical scenario where these kind of bond violations or social media come into play has to do with people who are involved to relationships and one of them gets a domestic violence case that’s pending against them. They’re in this love/hate relationship, and so then they start carrying on again in secret, and then all of a sudden it gets negative again. That person turns against them and prints off the conversations from Facebook or prints off the photos of them being together...

Interviewer: Are there different types of programs for first offenders? Offenders under the Age of 21 are Eligible for Diversion Programs Paul Tafelski: Every court is different in those respects, so some courts will have first offender programs for retail fraud. All courts will usually have some first offender programs for people who are under 21 years of age, first offender programs for minors in possession. The Judges Consider Several Factors before Allowing Entry into a Program Sometimes there are first offender programs for domestic violence cases or possession of marijuana cases. However, entry depends on whether they’re willing to...

Interviewer: What if someone seems guilty or believes that they’re guilty? Should they throw themselves at the mercy of the court or fight the charges? Paul Tafelski: Many people have these feelings of guilt following an arrest or being charged and their first instinct is to try and do that and throw themselves on the mercy of the court. My opinion is that’s the wrong thing to do. You can still handle yourself in a respectable and dignified way and yet still try and manage your case and the consequences to the best of your ability. I’ve seen a lot...

Everyone knows to expect jail time. However, expectations, of course, depend on the circumstances and the person’s prior record and particular crime. Always, someone should expect fines and costs. Often, the person is sentence for a period of probation, which can be up to 2 years for misdemeanor and up to 5 years for felony. Within the terms of probation, the judge can basically order that person to do anything that he feels is rationally related to the crime. This could also be deterrence, education, or treatment for the defendant. Can a Judge Impose Any Sort of Punishment For Probation?...

One of the things that I tell clients is that when you’re in school, when you get 90% on a test, you still got an A. When you’re on probation and you get 90%, you fail and you are going to get a violation and maybe go to jail. One of the biggest misconceptions is that if you just do pretty well on probation, you will be okay. In reality you have to do everything exactly as they tell you, especially if you’re being tested for drugs or alcohol. You cannot miss a test. You can’t be late for tests....

Interviewer: What are some of the top misconceptions people have about being arrested for a crime when they speak to you about their case? Paul Tafelski: I think one misconception is that if the person has avoided trouble their entire life and has a job and has a family that the court will automatically treat them differently and treat them better. At first, I think some people expect to get more respect from the court then they do because of the fact that they haven’t been in trouble. The court simply processes these charges and it’s really becomes the function...

Interviewer: Have clients ever told you that they were distracted maybe with the lights that were occurring at the scene, maybe the police lights or the headlights? Paul Tafelski: That’s a good point. There are all kinds of distractions out there and the clients do realize it when it’s too late. For example, we have a lot of clients that are young girls that get pulled over and they might be wearing high heels. Then when the police get out of the car and do some of these tests, they’ll take off their heels so that they can balance better...

Interviewer: For the record, what’s the difference between a robbery, burglary, and larceny? Paul Tafelski: Typically a robbery involved force directly with a person. Whether you use a gun or just your fists or whatever you’re just taking something right away from somebody in their presence; whereas a burglary could be sneaking into a building or a property to steal something. Larceny is really just another word for stealing so a larceny and a burglary could be the same thing and both burglary and a robbery involve some form of larceny. It just has to do really with whether or...

You have the right to an attorney at any hearing. You can always hire your own attorney and you would also have the right to have a court appointed attorney if the judge is considering putting you in jail. You always have the right to have your own attorney be there and do the talking for you. What is the Importance of Retaining An Attorney to Defend a Probation Violation? In my opinion, a violation of probation is very, very dangerous. That doesn’t mean that every time somebody has a violation, they go to jail, but every violation, you could...