CRIMINAL LAW
OPERATING WHILE INTOXICATED (OWI)
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TRAFFIC VIOLATIONS
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MISDEMEANORS
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EXPUNGEMENTS
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LICENSE RESTORATION
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PERSONAL PROTECTION ORDERS (PPO)
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DOMESTIC VIOLENCE CHARGES
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JUVENILE OFFENSES
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​MICHIGAN EXPUNGEMENT LAW: CLEAR YOUR RECORD
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**Understanding Expungement in Michigan**
In Michigan, expungement is the legal process of sealing or erasing a criminal record. This means that, once expunged, the conviction will not be visible to most employers, landlords, or the general public. Expungement can provide individuals with a fresh start, allowing them to pursue employment, housing, and other opportunities without the stigma of a criminal record.
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**Eligibility for Expungement**
Not all convictions are eligible for expungement in Michigan. To qualify, individuals must meet specific criteria:
1. Type of Offense: Certain misdemeanors and felonies can be expunged. Generally, individuals can expunge up to one felony and two misdemeanors from their record.
2. Timeframe: A waiting period is required after completing the sentence, including probation and parole. For misdemeanors, the waiting period is typically three years; for felonies, it is five years.
3. No Pending Charges: Individuals must not have any pending criminal charges at the time of applying for expungement.
4. No More than One Felony: Individuals can only have one felony conviction on their record to qualify for expungement.
5. Good Conduct: Applicants must demonstrate good moral character and have no subsequent convictions during the waiting period.
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**The Expungement Process**
The process of expunging a criminal record in Michigan involves several steps:
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1. Gather Documentation: Collect all necessary documents related to your conviction(s), including court records and proof of completion of your sentence.
2. File an Application: Complete and file an application for expungement with the appropriate court. This includes submitting fingerprints and paying any required fees.
3. Attend a Hearing: In some cases, a hearing may be scheduled where you can present your case before a judge. It’s essential to prepare thoroughly for this hearing.
4. Await Decision: After the hearing, the court will issue a decision regarding your application for expungement.
5. Notify Relevant Agencies: If granted, it’s crucial to ensure that all relevant agencies are notified to update their records accordingly.
**Why You Need Legal Assistance**
Navigating Michigan's expungement laws can be complex and overwhelming. Having an experienced attorney by your side can significantly increase your chances of success. A knowledgeable lawyer at LINDSEY LAW can help you understand your eligibility, prepare necessary documentation, represent you at hearings, and ensure that all legal procedures are followed correctly.
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**Take Control of Your Future**
If you’re ready to take control of your future and clear your criminal record in Michigan, contact us today for a consultation. Our dedicated team is here to guide you through every step of the expungement process and help you achieve the fresh start you deserve. Don’t let your past define you—let us help you move forward with confidence!
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MICHIGAN LICENSE RESTORATION: YOUR PATH TO REGAINING DRIVING PRIVILEGES
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**Understanding License Restoration in Michigan**
In Michigan, losing your driver’s license due to criminal offenses, particularly those related to alcohol or substance abuse, can be a significant setback. However, the good news is that you may have the opportunity to restore your driving privileges. License restoration is a legal process that allows individuals who have had their licenses revoked or suspended to regain their ability to drive legally.
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**Why You Need a Criminal Lawyer for License Restoration**
Navigating the license restoration process can be complex and challenging. A skilled criminal lawyer can provide invaluable assistance by:
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-Understanding the Law: Michigan’s laws regarding license restoration are intricate. A lawyer will help you understand your rights and the specific requirements for your case.
-Preparing Your Case: Your attorney will gather necessary documentation, including proof of rehabilitation, character references, and any other evidence that supports your case for restoration.
-Representing You at Hearings: If your case requires a hearing, having a lawyer by your side can significantly improve your chances of success. They will advocate on your behalf and present a compelling argument for why your license should be restored.
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**The License Restoration Process**
1. Eligibility Assessment: Before applying for restoration, it’s crucial to determine if you are eligible. Generally, you must have completed all terms of your sentence, including probation and any required treatment programs.
2. Application Submission: Once eligibility is confirmed, you will need to submit an application for license restoration to the Michigan Secretary of State. This application includes detailed information about your driving history and the circumstances surrounding your license suspension or revocation.
3. Hearing Preparation: If your application is accepted, a hearing will be scheduled. This is where having an experienced criminal lawyer becomes essential. They will help prepare you for questions and ensure that all necessary evidence is presented effectively.
4. Decision Notification: After the hearing, you will receive a decision regarding your license restoration. If granted, you can begin the process of obtaining a new driver’s license.
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**Key Factors Influencing License Restoration**
Several factors can influence the outcome of your license restoration request:
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- Time Since Last Offense: The longer it has been since your last offense or violation, the better your chances of restoration.
- Evidence of Rehabilitation: Demonstrating that you have taken steps toward rehabilitation—such as completing treatment programs or maintaining sobriety—is crucial.
- Support from Others: Character references from friends, family, or employers can strengthen your case by showing that you are a responsible individual who deserves another chance.
**Conclusion**
Regaining your driving privileges in Michigan after a criminal offense is possible with the right guidance and support. A knowledgeable criminal lawyer at LINDSEY LAW can help streamline the process and increase your chances of success. Don’t let past mistakes hold you back—take the first step toward restoring your license today!
For more information or to schedule a consultation with our experienced legal team, contact us today!
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CHARGED WITH A MISDEMEANOR? OUR EXPERIENCED CRIMINAL LAWYER AT LINDSEY LAW CAN HELP!
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***Most Common Misdemeanors**
1. These are the most serious misdemeanors and can result in up to 1 year in jail and/or fines up to $1,000. Examples include:
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- Assault
- Domestic violence
- Operating a vehicle while intoxicated (OWI)
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2. Second-Degree Misdemeanors:
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These offenses are less severe but still carry penalties of up to 90 days in jail and/or fines up to $500. Common examples include:
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- Disorderly conduct
- Petty theft
- Minor drug possession
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**Consequences of a Misdemeanor Conviction**
A misdemeanor conviction can have lasting effects on your life, including:
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- Criminal record: A misdemeanor will appear on your criminal record, which can impact employment opportunities and housing applications.
- Fines and restitution: You may be required to pay significant fines or restitution to victims.
- Probation: Many misdemeanor sentences include probation, which comes with strict conditions that must be followed.
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**Defending Against Misdemeanor Charges**
If you are facing misdemeanor charges in Michigan, it is essential to have a knowledgeable criminal defense attorney by your side. A skilled lawyer can help you navigate the legal system, explore potential defenses, and work towards minimizing the impact of the charges against you.
Possible Defenses Include:
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- Lack of evidence: Challenging the prosecution's evidence can lead to a dismissal of charges.
- Mistaken identity: Proving that you were not involved in the alleged crime.
- Self-defense: In cases involving assault or violence, demonstrating that you acted in self-defense can be a valid defense.
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**Why Choose Us?**
At LINDSEY LAW, we understand the complexities of misdemeanor offenses in Michigan. Our experienced team is dedicated to providing personalized legal representation tailored to your unique situation. We will work tirelessly to protect your rights and achieve the best possible outcome for your case.
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**Contact Us Today!**
If you or someone you know is facing misdemeanor charges in Michigan, don’t hesitate to reach out for a consultation. Let us help you navigate this challenging time with confidence and clarity. Contact LINDSEY LAW at (231) 563-1279 or jordan@jlindseylaw.com today!
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MICHIGAN DOMESTIC VIOLENCE CHARGES: WHAT YOU NEED TO KNOW
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Domestic violence is a serious crime in Michigan, and the legal implications can significantly impact your life. If you or someone you know is facing domestic violence charges, it’s crucial to understand the nature of these charges, potential consequences, and available defenses.
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**Understanding Domestic Violence Charges in Michigan**
In Michigan, domestic violence is defined as committing physical harm or causing the fear of physical harm to a person with whom you have an intimate relationship. This can include spouses, former spouses, individuals with whom you share a child, or individuals who have been in a dating relationship.
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**Types of Charges**
1. First Offense Domestic Violence: This is typically charged as a misdemeanor. If convicted, you may face up to 93 days in jail, fines up to $500, and mandatory counseling.
2. Second Offense Domestic Violence: If you have a prior conviction for domestic violence, subsequent offenses are charged as felonies. This can lead to up to 1 year in jail and fines up to $1,000.
3. Aggravated Domestic Violence: If serious bodily injury occurs or if there are prior convictions for domestic violence, charges may escalate to aggravated domestic violence, which is a felony carrying up to 5 years in prison.
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**Potential Consequences**
The consequences of a domestic violence conviction extend beyond jail time and fines. A criminal record can affect employment opportunities, professional licenses, and housing applications. Additionally, it may impact custody arrangements in family law cases.
**Legal Defenses**
If you are facing domestic violence charges, several defenses may be available:
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- Self-Defense: If you acted in response to being attacked or threatened.
- False Allegations: Proving that the claims made against you are untrue.
- Lack of Evidence: Demonstrating that there is insufficient evidence to support the charges.
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**Importance of Legal Representation**
Navigating domestic violence charges can be complex and overwhelming. Having an experienced criminal lawyer by your side can make all the difference. A skilled attorney will help you understand your rights, develop a strong defense strategy, and work towards the best possible outcome for your case.
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**Get Help Today**
If you’re facing domestic violence charges in Michigan or have questions about your situation, don’t hesitate to reach out for legal assistance. Protect your rights and your future by consulting with a knowledgeable criminal lawyer who can guide you through this challenging process. Contact us today for a consultation.
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DRIVING WHILE UNDER THE INFLUENCE (DUI) AND OPERATING WHILE IMPAIRED/INTOXICATED (OWI): THE LEGAL ROAD TO REDEMPTION
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While Impaired/Intoxicated (OWI): The legal Road to Redemption
The Grand Traverse Bay area is a notorious hot spot for DUI offenses. In general, police throughout the State of Michigan have cracked down on drunk driving. Whether locally based or vacationing in the beautiful State of Michigan, if you have found yourself charged with a DUI, the best thing you can do for yourself is hire competent legal counsel to navigate through the criminal court system on your behalf. Often times people don’t even realize that they’re over the legal limit – they think that they are fine to drive and will make it home safely. Unfortunately, most prosecutors are not so understanding and take drunk driving very seriously. If you’ve been arrested for driving under the influence, you need to contact an experienced criminal defense attorney as soon as possible.
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First, let’s run through a basic overview of drunk driving offenses in Michigan and the potential penalties.
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**Can I get a DUI charge dismissed in Michigan?**
The simple answer is yes, it is possible to get a DUI charge dismissed in Michigan. But, in most cases, it’s not simple at all.
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Over the past few decades, society has collectively decided that drunk driving is no longer tolerable. Poll 100 people on whether they think drunk driving should be legal and you’re unlikely to get many positive responses. Next, bear in mind that prosecutors are elected. You probably see where this is headed. Going easy on drunk drivers is generally not a great reelection strategy for prosecutors. Instead, they pursue drunk driving charges vigorously. Simply put, they have nothing to gain by being lenient with you. So don’t expect to have the prosecutor dismiss the charge because you’ve never been in trouble before or because you give money to charity or because you’re going to lose your job. They don’t care.
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So how can you get a DUI charge dismissed? In most cases, there’s only one answer: litigate. In other words, you need to bring a legal challenge to the charge in court. Ordinarily, this means either challenging the “stop” (i.e. did police have cause to pull you over in the first place) or challenging the “test” (i.e. is the breath or blood test the police administered invalid or inadmissible for some reason). Such challenges will not be available in every DUI case, but they do come up with surprising frequency. While you might think your case is hopeless, there may well be a winning legal challenge that can get the case dismissed.
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**Will I have to do jail time for a DUI in Michigan?**
For a run-of-the-mill, first-time DUI in Michigan, the general answer is no, you will not have to serve jail time. Although there are exceptions, most judges in Michigan will not impose jail time under these circumstances.
The answer gets more muddled when you start adding in aggravating factors. Say, for instance, that you caused a minor accident, possibly injuring another driver, albeit not severely. Most (but not all) judges would likely order some jail time in this scenario. How much? It depends on the predilections of the judge the case is in front of. A safe estimate, though, would be somewhere in the neighborhood of 5 to 21 days.
What if you were previously convicted of a DUI offense? In that case, if you’re convicted of another DUI offense, you’re very likely looking at jail time, usually somewhere between a week and a month. If you’re convicted of a third or higher DUI offense, under Michigan law, the judge must sentence you to at least 30 days in jail, and, in practice, many judges will give you more time than that. And with a third or higher DUI offense, because it is a felony, the possibility of prison time also comes into play.
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These are just rough estimates based on our experience. With a good DUI attorney, though, there’s no such thing as a foregone conclusion when it comes to jail time in a DUI case.
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**Operating While Impaired**
Everyone knows the magic number, the “legal limit” in Michigan—0.08. But did you know that you can be prosecuted for drunk driving even if you’re under that limit? This often comes as a shock to our clients. Under Michigan law, even if you’re blood alcohol content is less than 0.08, you can be still prosecuted for “operating while impaired.” All that means is that you drove with “less ability than would an ordinary careful driver.” The law also says that your ability to drive “must have been lessened to the point that it would have been noticed by another person.”
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Here are the consequences of an operating while impaired conviction:
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It’s a misdemeanor conviction on your record
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Up to 93 days in jail
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Fines up to $300
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Several hundred dollars in court costs
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Up to 360 hours of community service
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A restricted driving license for 90 days (meaning you can drive from home to work, probation programs, school, and the doctor’s office if you have a serious medical condition)
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4 points on your driver’s license
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**Operating While Intoxicated**
This is the one we see most commonly. The prosecutor has to establish that you were at or above the legal limit of 0.08 or that because of drinking alcohol, your mental or physical condition was significantly affected and you were no longer able to operate your car in a normal manner.
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Here are the consequences for operating while intoxicated:
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It’s a misdemeanor conviction on your record
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Up to 93 days in jail
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Up to 360 hours of community service
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Fines up to $500
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Several hundred dollars in court costs
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A 30-day “hard” suspension on your driver’s license (no driving at all) followed by a 180-day restricted license
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6 points on your driver’s license
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**Operating with a High Blood Alcohol Content (BAC)**
Also known as “superdrunk,” the prosecutor needs to establish that your blood alcohol content (BAC) was 0.17, which is more than twice the “legal limit” of 0.08. This provision was added in 2010, and it comes with harsher punishment.
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Here are the consequences for operating with a high BAC:
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It’s a misdemeanor conviction on your record
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Up to 180 days in jail
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Up to 360 hours of community service
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Fines up to $700
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Several hundred dollars in court costs
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A 45-day hard suspension, followed by a restricted license for 1 year, during which time you must have an ignition interlock device installed on your car
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6 points on your driver’s license.
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**Operating While intoxicated – 2nd Offense**
If you’ve previously been convicted of operating while impaired or operating while intoxicated and you’re arrested for another drunk driving offense within 7 years, you’ll likely be charged with operating while intoxicated, second offense. As you can probably imagine, the potential punishments get a lot worse. The effect on your driver’s license is especially severe.
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Here are the consequences for operating while intoxicated, 2nd offense:
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It’s a misdemeanor conviction on your record
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Up to 1 year in jail, with a mandatory minimum of 5 days in jail
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Up to 90 days of community service
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Fines up to $1,000
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Several hundred dollars in court costs
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A 1-year revocation of your driver’s license, after which you’ll need to petition the Secretary of State to get your license back
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**Operating While Intoxicated – 3rd Offense**
If you’ve previously been convicted of two drunk driving offenses and you’re arrested for a third one at any point in your lifetime, you’re looking at operating while intoxicated, third offense. Generally speaking, this is the highest-level operating while intoxicated offense in Michigan. The penalties are also the most severe.
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Here are the consequences for operating while intoxicated, 3rd offense:
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It’s a felony conviction on your record
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1-5 years in prison, or up to 5 years’ probation with 30 days to 1 year in jail and up to 180 days of community service
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Fines up to $5,000
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Several hundred dollars in court costs
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A 1–5-year revocation of your driver’s license, after which you’ll need to petition the Secretary of State to get your license back
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Vehicle forfeiture, or mandatory vehicle immobilization for 1-3 years if your vehicle is not forfeited
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**Operating Under the Influence of Drugs - Drugged Driving**
What if you hadn’t been drinking but you’re being accused of driving while under the influence of drugs? The standards for operating while impaired and operating while intoxicated are the same. For operating while impaired, the prosecutor needs to show that the drugs caused you to drive with “less ability than would an ordinary careful driver,” which means your ability to drive “must have been lessened to the point that it would have been noticed by another person.” For operating while intoxicated, the prosecutor needs to show that because of any drugs in your system, your mental or physical condition was significantly affected and you were no longer able to operate your car in a normal manner. The penalties for operating while impaired by drugs and operating while intoxicated by drugs are the same as if you had been under the influence of alcohol rather than drugs. With one notable exception. For an operating while impaired by drugs conviction, your license will be restricted for 180 days rather than only 90 days.
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**DUI Cases Present Many Opportunities for LINDSEY LAW’s Skilled Defense Attorney**
Although you may not realize it, drunk driving cases are some of the most complicated criminal cases out there. Often, that’s to your benefit. The burden is on the prosecutor to establish that you were properly arrested and that you were either impaired or intoxicated. Without giving away too much of our strategy in these cases, here are some of the questions we’ll be exploring in your case:
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Did the police have grounds to pull you over in the first place?
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Did the police have grounds to believe that you were intoxicated?
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Did the police correctly administer the field sobriety tests?
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Was the officer who administered the field sobriety tests properly trained?
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Did the police correctly administer the “preliminary breath test” (the roadside breathalyzer)?
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Was the preliminary breath test correctly calibrated?
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Did the police have probable cause to arrest you at all?
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Did the police read you your Miranda rights?
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Did the police correctly administer the evidentiary breath test (the breathalyzer you probably took back at the police station, what’s referred to in Michigan as the Datamaster)?
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Was the evidentiary breath test correctly calibrated?
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Was the officer who administered the evidentiary breath test properly trained?
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If your case involved a blood draw, did the police have a valid warrant or was your consent to the blood draw valid?
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Was the blood draw conducted properly?
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Was the person who performed the blood draw properly qualified?
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Was the blood sample stored properly?
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Did the laboratory properly test your blood?
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Answering “no” to any of these questions can potentially have a dramatic effect on your case. Contact us as soon as possible to find out how.
We will challenge rights violations and faulty testing procedures, including:
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Blood Tests
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Breath Tests
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DUI/OUI Arrest
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Field Sobriety Tests
**LINDSEY LAW Knows Drunk Driving Cases**
Our experience criminal law attorney at LINDSEY LAW has handled drunk driving cases throughout the state of Michigan. We’ve successfully obtained dismissals, not guilty verdicts, and pleas to reduced offenses. In some cases, we’ve been able to get charges reduced to traffic tickets. Do not try to go into court alone thinking that the prosecutor will go easy on you. They won’t. You need an experienced, skilled criminal defense attorney in your corner.
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Contact our office today to see what we can do for your case.
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LINDSEY LAW defends any of the following Michigan DUI charges:
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Child Endangerment
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Drunk/Impaired Driving-related Offenses
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Misdemeanors
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Traffic offenses;
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Reckless Driving
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Ignition Interlock
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DUI Sentencing
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DUI Treatment
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DUI and OWI offenses (1st offense, 2nd offense, 3rd offense)
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Public intoxication
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Leaving the Scene of an Accident
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Zero Tolerance Underage
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Probation
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Sobriety Courts
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Juvenile Driving Offenses
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+ More! Call our office today to schedule a consultation!
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