Constructive possession is a legal fiction that allows you to be charged with a serious crime even when the guns or drugs are not found on you. Usually this will happen when you are the driver or passenger of a car where the guns or drugs are found, or when…
Having drug charges on your criminal record can be a life-changing experience. Such charges can impact your job, your income, and your future. However, depending on the circumstances, your attorney may be able to help you keep your drug charges off your permanent criminal record. These methods can present you…
If you have been sentenced in Michigan for a violation of any misdemeanor or felony law, then the judge likely placed you on a term of probation. Technically speaking, you may be placed on probation if the court determines that you are unlikely to engage in any criminal conduct again,…
Many courts throughout Michigan employ an alternative form of sentencing for drunk drivers that emphasize treatment over punishment. Collectively, this approach to sentencing is called sobriety court. Such courts utilize a 2011 Michigan statute codified in Michigan Compiled Laws § 257.304. This law established new procedures and sobriety court participation…
After you’ve been arrested for DUI/OWI in Michigan the next step will be for the arresting officer(s) to prepare a narrative written police report, including any supplemental discovery materials. Depending on the nature of the office, this report and investigation will include a description of the basis for the…
If you have been charged with a second offense drunk driving case in Michigan, then you are probably wondering about how severely you will be punished. The type of punishment will be based on both criminal enhancement and driver license enhancement. Before discussing these differences, the first thing to know…
You are a drunk driver if you are under 21 years of age in Michigan, drink any amount of alcohol and then drive a car. This is called the Michigan zero-tolerance drunk driving law. To fully understand this law, it is important to know how “any amount of alcohol” is…
No. Using Marijuana lawfully in Canada puts you at risk of an intoxicated driving charge in Michigan. This is true even though Canada recently passed new federal laws effectively making it legal to possess and use marijuana. Nevertheless, this new Canadian law may have an impact on how intoxicated driving…
There is at least a ten-fold difference in the amounts Michigan lawyers charge to handle a first offense drunk driving case. Fees usually start at around $1,500.00 for a newer less experienced lawyer. From there, fees increase to as much as $15,000 – $25,000.00, including trial, for a top DUI…
Yes, you can lawfully refuse police DUI/OWI tests without penalty. However, there are exceptions, and in some situations, it may not be in your best interest to refuse these tests. Therefore, before you make this decision, you should discuss your options directly with a lawyer. Generally speaking, if you are stopped by the…