Category: Criminal Defense

In part 2 of this article, we continued our inquiry into probation violation cases in Michigan criminal and DUI cases. In particular, we tried to see how the whole violation thing is perceived by the Judge who sentenced you for a drunk driving offense or something like...

In part 1 of this article aboutMichigan probation violations, specifically in theDetroit-areadistrict and circuit courts of Wayne,OaklandandMacombCounties, we began examining what happens when a person who is onprobationfor a criminal or DUI case eithertests positiveormissesa test altogether. I pointed out that to the Judge, a...

How is it that by hiring a lawyer, you can almost always “get out of” a traffic ticket? In this article, I’m going to skip all the discussion about policy and theory (the reader is likely not interested in that, anyway) and cut right to the chase about keeping...

A conviction for either a straight up DUI (technically called OWI, or “operating while intoxicated) or leaving the scene of a property damage accident will add 6 points to your driving record, and both theoretically carry a potential jail sentence: 93 days for a DUI, and 90 days for a...

An “Arraignment” is the first step in a Criminal case, and is an actual Legal proceeding where a person is formally charged with a Crime, and a Bond amount is set. At an Arraignment, the first thing that happens is that a person is told exactly what crime they’re being charged...

Under Michigan Law, as revised a few years ago, any combination of 3 alcohol-related Traffic Offenses within a person’s lifetime can result in a Felony charge. This changed the old law, which held that a person need to have 3 alcohol-related Traffic Offenses within 10 years in order for that 3rd Offense...

If a person contacts me about an “Expungement” (technically called a Set-Aside of Conviction), and I ask if they have any other Criminal Convictions, besides the one they want “expunged,” I’m often answered with a “nope. That’s the only thing I have.” After a few more questions, however, I learn that the...

Key Takeaways The main difference between a felony and misdemeanor in Michigan is the maximum period of incarceration that can be imposed. A felony conviction can result in being sentenced to serve time in the state prison, under the...

While only my own observation, and based solely upon my experience as a Criminal Defense Lawyer, the majority of leaving-the-scene cases involve property damage, rather than personal injury. Unless a Driver strikes a pedestrian, even colliding with someone on a bicycle is likely to cause property damage. Thus, most personal injury accidents...

The alleged Victim, however, is usually just sent a Notice to Appear, or, in some cases, may have been mailed a Subpoena. Because merely mailing a Subpoena to someone does not guarantee it’s delivery, only the act of having a person personally served with a Subpoena actually brings them...

When I spoke with my Client, he told me what had actually happened that day. Next, we began discussing his conversation with the Detective, who he indicated had been very polite and professional. My Client was just freaked out about that “warrant” comment. I explained to my Client that...

After getting out of Jail the morning after his Arrest, the Defendant is instructed to appear in the District Court for the City where the arrest occurred in a couple of weeks for his Arraignment. At his Arraignment, the Defendant enters a Plea of “Not Guilty,” and is sent home with his...