Oakland County Criminal Defense Lawyer Blog

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Articles Posted in Criminal Defense Attorney

Understanding Michigan’s Age of Consent Law

August 17, 2022

In Michigan, the age of consent is 16 years old. A child younger than 16 cannot consent to sexual contact, even with another minor. Adolescents age 16 and older may consent to sexual contact with all others over the age of 16, except for in certain circumstances. When an individual engages in vaginal, anal, oral, or digital penetration with a minor who cannot consent to sex, he or she may be charged with statutory rape. This offense is also known as criminal sexual conduct. If you find yourself or a loved one in this situation, it is imperative you consult...

Posted in: Criminal Defense, Sex Crimes

Tagged: Criminal Defense Attorney

Recent Supreme Court Opinion Broadens Your Right to Privacy

November 27, 2018

by Michigan Defense Law

Though you may not pay close attention to headlines in the legal world, you may want to take note of a recent opinion from the Supreme Court of the United States (SCOTUS). The landmark case of Carpenter v. United States, which arose out of events and criminal allegations in Michigan, has significant implications for anyone who is charged in a crime based upon cell phone data. In sum, the finding expands your privacy rights because it limits the type of information police can obtain without a warrant. You should entrust your case with a knowledgeable Michigan criminal defense lawyer, but...

Posted in: Criminal Defense, Property Seizures

Tagged: cell phone records, Criminal Defense Attorney, criminal defense lawyer, privacy, search warrant, unlawful search, unlawful searches, warrantless searches

When is a “Stop and Frisk” Illegal?

October 23, 2018

by Michigan Defense Law

The Fourth Amendment of the U.S. Constitution prohibits unlawful search and seizure. There are many ways in which a search and seizure can be unlawful, from the illegal search of a person to the unlawful seizure of property from an alleged criminal suspect’s home or motor vehicle. One of the more contentious issues concerning the Fourth Amendment and its protection is the practice of “stop and frisk.” In 2013, The New York Times published an article about the prevalence of racial discrimination in “stop and frisk” procedures and programs. Despite the fact that a New York court found the NYPD’s...

Posted in: Criminal Defense, Juvenile Offenses, Property Seizures

Tagged: Criminal Defense Attorney, police discrimination, probable cause, stop and frisk, Terry Stop, unlawful search, unlawful searches, unlawful seizure

Warrantless Blood Tests for DUI/OWI in Michigan

October 9, 2018

by Michigan Defense Law

Do the police in Michigan have to obtain a warrant in order to draw blood from a DUI/OWI suspect? Under Michigan law (MCL 257.625a), a person can be charged with an OWI if that person’s blood, breath, or urine show any sign of alcohol if the person is under the age of 21, and if the blood alcohol content (BAC) is 0.08% or higher for anyone who is 21 and older. Sometimes Michigan police officers administer breathalyzer tests in order to determine a driver’s BAC, but a police officer also may require a driver to submit to a blood test...

Posted in: Criminal Defense, Drunk Driving, DWI

Tagged: breathalyzer, Criminal Defense Attorney, drunk driving arrest, drunk driving charge, DUI Attorney, OWI attorney, OWI Lawyer

Potential Defenses to a Child Abuse Charge

June 26, 2018

by Michigan Defense Law

Child abuse is defined as any action that causes a child to suffer physical or psychological harm. In addition to physical and verbal abuse, it can include neglect, a parent or caregiver’s failure to provide a child with adequate medical care, and actions that put a child at an unnecessary, unreasonable risk of harm. When you are facing a child abuse charge, you have the right to defend your case. A child abuse conviction can come with steep fines and a long prison sentence. Even without a conviction, an accusation of abuse can permanently damage your relationship with your child...

Posted in: Criminal Defense, Domestic Violence

Tagged: Criminal Defense Attorney

Sexting: What It Is, What It Means to be Charged with Sexting, and What to Do if your Child is Charged

June 12, 2018

by Michigan Defense Law

“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...

Posted in: Criminal Defense, Juvenile Offenses, Sex Crimes

Tagged: Criminal Defense Attorney

Michigan Eliminates Driver Responsibility Fees

May 15, 2018

by Michigan Defense Law

Recently, the Michigan legislature recently passed an amendment repealing the Driver Responsibility Fee program. The program, enacted in 2003, required drivers guilty of certain traffic offenses to pay annual fees. These fees, which ranged from $100 to $500 per year as well as the $125 driver’s license reinstatement fee, will no longer be collected by the Michigan Department of the Treasury. Some drivers must continue to make payments, though. Currently, Michigan drivers who entered Driver Responsibility Fee payment plans on or before February 1, 2018 are no longer required to make payments. Their payment plans are terminated. Drivers in this...

Posted in: License Restoration, Motor Vehicle Offenses, Traffic Violations

Tagged: Criminal Defense Attorney, Traffic Defense Lawyer

Drug Crimes in Michigan: Consequences You Didn’t Expect

November 28, 2017

by Michigan Defense Law

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...

Posted in: Criminal Defense, Drug Crimes

Tagged: Criminal Defense Attorney, Drug Possession Attorney

Types of Drunk Driving Offenses Under Michigan Law

November 14, 2017

by Michigan Defense Law

No one gets behind the wheel of a car expecting to be charged with drunk driving in Michigan, but even a slight lapse in judgment can lead to serious implications. Depending on your history of prior convictions and whether your conduct caused an accident, you could be facing misdemeanor or felony offenses. In addition to fines and potential jail time, a conviction can lead to a driver’s license suspension, sky-high insurance rates, a permanent criminal record, and other consequences. Knowing that prosecutors are cracking down on drunk driving, it’s important to retain an experienced criminal defense lawyer to assist with...

Posted in: Drunk Driving, DWI, Motor Vehicle Offenses

Tagged: Criminal Defense Attorney, Drunk Driving Lawyer, DUI Attorney, OWI Lawyer

Long-term Consequences of Pleading Guilty and Throwing Your Case at the Mercy of the Court

January 20, 2015

by Michigan Defense Law

Interviewer: Yes, that’s unfortunate, a lot of people are told “It’ll be expunged” and ends up they have something on the record that is easily traceable. A lot of times they’re looking to get into trade schools or healthcare programs, they’re looking to study to become maybe a nurse, and completely get screwed because they wouldn’t be eligible for expungement. Paul Tafelski: I know and that happens to a lot of people. This gets back to what you talked about before about people who feel bad and just want to throw themselves on the mercy of the court. These are...

Posted in: Criminal Defense

Tagged: Criminal Defense Attorney