Articles Posted in Criminal Defense

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...

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...