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Restoration of Gun Rights in Michigan

Thu, 08 Sep 2022 18:23:12 GMT

Restoration of Gun Rights in Michigan

How a Criminal Defense Attorney Can Help You Restore You Gun Rights in Michigan

THE SECOND AMENDMENT AND HOW YOU CAN LOSE YOUR GUN RIGHTS

The Second Amendment in the United States Constitution gives us our right to bear arms. The right to own or possess a gun is not absolute, however, and can be taken away for several reasons. If you are convicted of a domestic violence offense or a felony offense, then you lose your Second Amendment right to own or possess a gun. First-offender domestic violence cases treated under MCL 769.4a deferral result in the individual losing their right to bear arms even without a conviction. Owning and possessing a gun after losing your Second Amendment Rights can result in a state or federal felony charge for illegal possession. You can restore your gun rights if a case is later expunged, you are pardoned by the Governor or President, or you are granted the restoration of your gun rights in court. If you have legal questions about your gun rights, then it is important that you speak to an experienced criminal defense attorney.

HOW CAN GUN RIGHTS BE RESTORED IN MICHIGAN?

It is not required that you get a specific criminal conviction off of your record before you have your gun rights restored in the state of Michigan. Under MCL 28.424 , a Michigan Circuit Court has the authority to restore your gun rights without removing any convictions if the following circumstances are proved by clear and convincing evidence, they are:

The petition for restoration of gun rights was properly submitted by the Petitioner,

Five years have passed since all the fines and costs associated with the conviction have been paid,

Five years have passed since all incarceration or probationary terms have been completed successfully, whichever is later, and The Petitioner’s record and reputation are that the Petitioner will not act in a dangerous or unsafe manner towards others.

Only one petition for restoration of gun rights can be filed with a Circuit Court within a 12-month period. That means if your application is denied by the court, then you will have to wait a year before you can reapply. The appropriate court to hear your case is the Circuit Court in the county in which you reside. It is important to get your petition approved the first time, as it could result in unnecessarily waiting to have your rights restored.

While you can compile and submit your petition on your own, your inexperience can have significant consequences. Since the court will not treat you any differently if you represent yourself, it could be beneficial to hire an experienced criminal defense attorney to help you. The judge will expect you to know and follow appropriate law and procedure when processing your petition and conducting any hearings, so it is important that you don’t expect any breaks.

HOW AN ATTORNEY CAN HELP

An experienced criminal defense attorney can help you put your best foot forward and submit the most effective petition to restore your gun rights. It is important to gather several documents to support your cause, including support letters, business records, school transcripts, and other information for your petition. These documents are meant to show the court that you are an upstanding member of society who deserves to have your gun rights back after losing them to a criminal conviction. An experienced attorney can help you assemble the most effective petition to prove the elements required under Michigan law (MCL 28.424). If you have legal questions, then call us at Zeineh Law today so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are looking to restore your gun rights, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online . Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards success with a consultation with an experienced criminal defense attorney at Zeineh Law today.

Complete the Dismissal and Get Your Arrest Record Destroyed in Michigan

Thu, 08 Sep 2022 16:52:27 GMT

How to Get Your Arrest Record Destroyed in Michigan

IMPORTANT THINGS TO KNOW ABOUT MICHIGAN CRIMINAL RECORDS

Anytime someone is arrested in the state of Michigan, a record of that arrest is made. The record of that arrest will exist even if that individual is never charged or convicted of any criminal offense. If you are later charged and convicted of anything, that information will also appear on your Michigan criminal record. Some cases result in situations where criminal records are sealed or made non-public in some way. This information is typically hidden from public view when searching Michigan criminal records. Michigan criminal records can be accessed through ICHAT ( Internet Criminal History Access Tool ). Anyone can search the public criminal record of someone else as long as they know that individual’s name, birthdate, and race and pay a small fee. The record is made available instantly and is sent by email.

HOW YOUR CRIMINAL RECORD CAN BE USED AGAINST YOU

Criminal record checks are typically done in connection with potential employment, housing, or state licensing. If you are an applicant for a job, then anything that appears on your criminal history can be questioned and used against you in determining whether you will be hired. If you are seeking to rent an apartment or condominium, then your criminal history can also result in being denied by the leasing office or Homeowner’s Association (HOA). It is important that your criminal history is accurate and things that can be removed are done so through the appropriate channels. Criminal records don’t generally clear themselves, as the onus is typically on you to request clearance.

HOW YOU CAN GET YOUR ARREST RECORD DESTROYED

If you have been charged with a crime, but that charge is later dismissed before a trial and not due to a plea agreement, then you can get your arrest record destroyed as well. Michigan law under MCL 764.26a details when arrest records can be destroyed and outlines the process that must be followed. Once a dismissal takes place for a crime where charges are dismissed before trial, the individual’s ICHAT must be updated to remove the arrest record. Other records must also be destroyed such as fingerprints and other biometric data. DNA samples can also be destroyed in certain circumstances. The Law Enforcement Information Network (LEIN) is a shared police database that details any current criminal charges and court orders against individuals. LEIN is also required to be updated under Michigan law to remove any further entries regarding the dismissed charges. If your criminal record remains public even after a dismissal, then you can petition the court for an order to remove the information.

HOW AN ATTORNEY CAN HELP

If you are seeking to have your arrest record modified or cleared, then having an experienced attorney on your side can be helpful. An experienced attorney can ensure that your application is complete and is soundly backed by appropriate state law. If your application is submitted incorrectly or incompletely, then your application can be denied by the court which can delay the result that you are looking for. Having an experienced attorney on your side can help you avoid these issues and get a decision regarding your desired result more quickly and efficiently. An experienced criminal defense attorney can also review your criminal record to determine if you are eligible for any expungements or other postconviction relief if you have prior convictions. If you have legal questions, then call us at Zeineh Law today so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are looking to get your arrest record destroyed, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online . Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards completing your dismissal with a consultation with an experienced criminal defense attorney at Zeineh Law today.

Michigan Marijuana Market Crashes

Thu, 08 Sep 2022 16:44:00 GMT

Michigan Marijuana and the Cannabis Regulatory Act

OVER SATURATION IS A MAJOR CONCERN

The marijuana market is sensitive to market conditions just as any other good that is bought and sold. As newer recreational and medical dispensaries continue to open across the state, this has led to oversaturation in the market, and a major dip in prices. In January, the price of marijuana in Michigan hit an all-time low due to oversaturation. This is good news for retailers and customers, but it has smaller growers very concerned. There is so much marijuana available that the prices are dropping, and customers are buying it at a record rate. State records show that there is now 50 times more pot on the market than when marijuana first became legal in Michigan. This is all while Michigan has risen to the fourth largest marijuana market in the United States. Whether this will continue to be an issue will be determined by market conditions as well as any regulations that are imposed by the state government and enforced by the Cannabis Regulatory Agency.

WHAT IS THE CANNABIS REGULATORY AGENCY?

The Cannabis Regulatory Agency (CRA) is the Michigan governing body that regulates marijuana establishments and monitors those who have licenses to operate marijuana businesses. They enforce the rules set out in the Michigan Regulation and Taxation of Marijuana Act (MTRMA). The CRA also oversees the licensing of patients and caregivers and enforces the rules under the Marijuana Tracking Act and the Medical Marijuana Facilities Licensing Act. While the CRA holds significant power and authority over the Michigan marijuana industry, it does not have the ability to directly set or control prices. Prices are determined by market conditions, such as supply and demand as well as the regulations that are imposed which can affect the supply of available legal marijuana across the state.

THE LITIGATION AND REPORTING REQUIREMENTS OF THE CRA

All medical marijuana licensees must follow certain financial reporting rules. The reports must be written by a state of Michigan-licensed CPA who follows specific guidelines. Every three years, medical marijuana and adult-use licensees must file a financial statement with the CRA. This is called the Annual Financial Statement (AFS). The requirements for the AFS are released every fiscal year (FY). The AFS will be combined with all licenses being reported in one report, rather than separately for each licensing program. The requirements for FY 2022 can be accessed here as posted by the state of Michigan.

HOW AN ATTORNEY CAN HELP

If you are seeking to enter the Michigan marijuana market as a recreational or medical use retailer, then it is important to have an attorney’s help to properly secure your licensing. An experienced attorney can help you anticipate potential issues that can delay or result in the denial of your application. Make sure you work with an attorney who understands your specific situation, as applications are decided on a case-by-case basis. If you have legal questions, then call us at Zeineh Law so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you have questions related to marijuana licensing, then it is important to speak to an experienced attorney. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online . Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards success with a consultation with an experienced attorney at Zeineh Law today.

How to Target a Distressed Asset

Thu, 08 Sep 2022 16:37:21 GMT

What You Need to Know About Distressed Assets

WHAT IS A DISTRESSED ASSET?

A distressed asset is an investment in real estate that is priced below the market value. This happens when the owner, manager, or operator of the property has money problems. These investments can be in the form of equity positions, partial equity interests, notes, or even senior loans. In other words, a distressed asset is a great deal that investors should take advantage of. These bargains only exist because the market for distressed assets is not perfectly competitive. When the seller is encumbered and the market is cool, it creates a mismatch between the amount of money people want to spend and what sellers are willing to sell for.

WHAT ARE SOME POTENTIAL RISKS OF ACQUIRING A DISTRESSED ASSET?

There are several risks that exist when acquiring a distressed asset. While you are taking on all of the potential profit that can be made from the asset, you are also taking on all of the risk and associated liabilities that you inherit when you acquire a distressed asset. These risks include potential trust issues with associated parties, inaccurately evaluating the value of the asset, and underestimating the liabilities that ownership of the asset includes. It is important to ask the correct questions when determining whether to acquire a distressed asset. If the risks outweigh the potential reward, then you may want to pass and seek other opportunities.

WHAT ARE SOME IMPORTANT THINGS TO DO WHEN EVALUATING A DISTRESSED ASSET?

There are some important things that you can do when doing your due diligence in investigating a distressed asset. Some of these things include:

Proper asset identification – make sure that you understand exactly what is included in any sale of an asset and that you fully and correctly identify the asset.
Understanding of geopolitical issues – If the asset that you are trying to acquire has potential issues due to current world events, then it can affect the value and viability of the distressed asset.
Proper company investigation – If you are acquiring an asset that has a management team that is included, then make sure that the team is trustworthy and free from any criminal activity.

These are just some of the things that you can do in your due diligence investigation of a distressed asset before acquisition. It can be difficult to complete this work on your own, so hiring an experienced attorney can help you get sound answers to your questions. Make sure to speak to an attorney if you have legal questions.

HOW AN ATTORNEY CAN HELP

An experienced attorney can help you identify and properly evaluate a distressed asset before acquiring it. Your attorney can lead an investigation of the asset, which can include an inspection of public records, and an evaluation of the asset itself to determine its profitability. There are many ways that an attorney can be beneficial in you targeting and acquiring the best distressed asset to add to your investment portfolio. If you have legal questions, then call us today at Zeineh Law so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are looking to acquire a distressed asset, then it is important to speak to an experienced attorney who can help advise you and work out your deal. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online . Our advice is free, and our conversations will always be protected by the attorney-client privilege. Get your transaction done right with an attorney at Zeineh Law today.

Michigan Law on HYTA and Criminal Sexual Conduct

Thu, 16 Dec 2021 23:28:03 GMT

What is HYTA?

HYTA is an acronym for the Holmes Youthful Trainee Act . This Act allows youthful offenders to avoid getting a criminal conviction and public criminal record as a result of criminal charges. HYTA is only available in certain circumstances to those who qualify. The first and most important factor in HYTA eligibility is the age of the defendant at the time of the alleged offense. HYTA is available to defendants who are at least 18 years old but are not older than 25 years old. A defendant is then ineligible for HYTA if they are under 18 years old or if they had turned 26 years old before the alleged offense took place. HYTA is generally thought of as a first-time offender program, but it can be used more than once as long as the judge agrees. If the defendant was between the ages of 18 and 21 years old at the time of the alleged offense, then getting the prosecutor’s consent to HYTA treatment is not necessary. If the defendant was over 21 but under 26 years old at the time of the alleged offense, then it is necessary to get the prosecutor to agree to HYTA treatment. The court must always agree to sentence the defendant under HYTA, so getting HYTA treatment is not guaranteed. If you are interested in HYTA, then it is important to speak to an experienced criminal defense attorney .

HOW CAN HYTA BE USED ON A CRIMINAL SEXUAL CONDUCT CHARGE?

HYTA can be used on many misdemeanor and felony charges to avoid conviction and a criminal record. There are limitations on what types of cases HYTA can be used on, and crimes that are not eligible for HYTA treatment include:

OWI or drunk driving offenses
Criminal traffic offenses
Major drug charges
Capital felonies
Most criminal sexual conduct charges

If your charge is not eligible for HYTA, then you will not be able to be sentenced under HYTA unless the prosecutor amends the charge to one that allows for HYTA treatment. As listed above, most criminal sexual conduct charges are ineligible for HYTA. This includes charges of:

Criminal sexual conduct first degree
Criminal sexual conduct second degree
A sexual assault that was committed by force
A sexual assault committed on a victim under the age of 13
A sexual assault where it was known to the defendant that the victim was incapacitated, helpless, or was unable to give consent

If your criminal sexual conduct charge does not have one of the factors listed above, then you may be able to receive HYTA treatment. Before being granted HYTA by the court for a sex-based criminal offense, the court must determine that the defendant is not a predator and is not likely to commit any future similar crimes. It is on the defendant to prove these things to the court, and the defendant must make a showing by clear and convincing evidence that HYTA is warranted. This is typically done through an evaluation by a specialized therapist. If the court is satisfied, then the defendant can be placed on HYTA probation and avoid public conviction and criminal record. If you have legal questions, then it is important to seek the guidance of an experienced criminal defense attorney.

HOW AN EXPERIENCED ATTORNEY CAN HELP

An experienced attorney can help evaluate your case’s strengths and weaknesses to decide the best way to approach the defense of your case. Since most criminal sexual conduct cases usually involve testimony from police officers and the complaining witness, a thorough evaluation of the series of events is critical to determining the correct defense approach. It is uncommon for criminal sexual conduct cases to come with a video that shows the interactions between the parties. Usually, if a video is available, it is a recording from the patrol car or body cam showing the interactions with the police. Each step officers take during a criminal sexual conduct investigation can be examined and questioned in defending your case. If you have legal questions, then call us at Zeineh Law so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are facing a criminal sexual conduct charge, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online . Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Zeineh Law today

Michigan Law on HYTA and CSC Fourth Degree – the Trap!

Thu, 16 Dec 2021 23:16:33 GMT

What is a CSC Fourth Degree?

In Michigan, most sexual assault crimes are covered under the criminal sexual conduct statute. Criminal sexual conduct crimes are broken into four different degrees: Criminal sexual conduct first degree, criminal sexual conduct second degree, criminal sexual conduct third degree, and criminal sexual conduct fourth degree. Criminal sexual conduct first degree and third degree are related because both charges require sexual penetration, while criminal sexual conduct second degree and criminal sexual conduct fourth degree are related because they both require sexual contact. An individual can be charged with criminal sexual conduct fourth degree if:

The alleged victim is at least 13 years of age, but less than 16 years of age and the actor is 5 or more years older than the alleged victim
If force or coercion was used
It was known to the defendant that the victim was incapacitated, helpless, or was unable to give consent
The actor is a mental health professional, and the sexual contact took place within two years after completing treatment where the alleged victim is a client and not a spouse
The alleged victim is related to the actor by blood or affinity to the third degree
The alleged victim is between the ages of 16 and 18 and is a student where the actor is a teacher, substitute, or an administrator
The alleged victim is between the ages of 16 and 26 and is a student receiving special education services where the actor is a teacher, substitute, or an administrator

A criminal sexual conduct fourth degree is a “high-court misdemeanor” charge that carries up to two years in prison upon conviction. A conviction can also land you on the Michigan Sex Offender Registry for 15 or 25 years depending on the age of the alleged victim. If you are facing a charge of criminal sexual conduct fourth degree, then it is important to speak to an experienced criminal defense attorney as soon as possible.

HOW DOES HYTA WORK HERE AND WHY IS IT A TRAP?

In most cases, HYTA does not apply to criminal sexual conduct cases and is not available. HYTA, however, can be applied to specific criminal sexual conduct fourth degree cases. An individual charged with criminal sexual conduct fourth degree can receive HYTA treatment if the alleged victim was at least 13 years old but less than 16 years old at the time of the alleged offense AND the actor is at least five years older than the alleged victim. This means that if the alleged victim was 15 years old and the defendant was 21 years old at the time of the offense, then the defendant can be sentenced under the provisions of HYTA. The trap here is when the defendant and the alleged victim are closer than five years apart in age. If the same 15-year-old victim was sexually assaulted by a 19-year-old defendant, then the defendant cannot be sentenced under HYTA due to the requirement that they are at least five years of age apart. Laws are only as good as the people who write them, and the requirement that the defendant and alleged victim of a criminal sexual conduct fourth degree be at least five years of age apart to allow HYTA treatment does not make a whole lot of legal sense. If you are curious about the potential of HYTA in your case, then it is important that you speak to an experienced criminal defense attorney.

HOW AN EXPERIENCED ATTORNEY CAN HELP

An experienced attorney can help evaluate your case’s strengths and weaknesses to decide the best way to approach the defense of your case. If there is a potential resolution available such as HYTA that can help you avoid a criminal conviction, then it should be explored and considered by your attorney in defending your case. Since most criminal sexual conduct cases usually involve testimony from police officers and the complaining witness, a thorough evaluation of the series of events is critical to determining the correct defense approach. It is uncommon for criminal sexual conduct cases to come with a video that shows the interactions between the parties. Usually, if a video is available, it is a recording from the patrol car or body cam showing the interactions with the police. Each step officers take during a criminal sexual conduct investigation can be examined and questioned in defending your case. If you have legal questions, then call us at Zeineh Law so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are facing a fourth-degree criminal sexual conduct charge, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online . Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Zeineh Law today

Most Common Michigan Civil Rights Claims

Thu, 16 Dec 2021 23:10:25 GMT

What is a Civil Rights Claim?

Zeineh Law Can Help You Determine if Your Michigan OWI Is Eligible for Expungement

A civil rights claim involves the violation of protected personal rights guaranteed under the United States Constitution of equal protection and fair treatment. At the federal level, Congress passed federal civil rights statutes in 1957 and 1964. In Michigan, civil rights claims mostly fall under the Elliott-Larsen Civil Rights Act , first passed in 1976. Since its passing, the Elliott-Larsen Civil Rights Act has been amended nearly 20 times. Currently, Michigan civil rights laws make it illegal to discriminate on the basis of:

Race,
Religion,
Color,
National origin,
Age,
Sex,
Disability,
Genetic information,
Marital status,
Familial status,
Height,
Weight, and
Arrest record.

In a landmark decision, the United States Supreme Court recently ruled that LGBTQ individuals are also protected under federal civil rights law. While this ruling applies across the country, there are still legal gaps that will be filled as LGBTQ discrimination cases are pushed forward. Several groups in Michigan are advocating for statewide Michigan legislation to fully protect LGBTQ individuals under the Elliott-Larsen Civil Rights Act. If you believe you have a civil rights claim, then it is important to speak to an experienced civil rights attorney as soon as possible.

WHAT ARE THE MOST COMMONLY FILED CIVIL RIGHTS CLAIMS IN MICHIGAN?

In Michigan, it is against the law to discriminate in the areas of police/Law enforcement, employment, education, public service, housing, and public accommodation. It is unfortunately too common for civil rights violations to occur in the workplace. Violations can include an individual not being given an equal opportunity for jobs or promotions. Violent and unethical police officers have also shown an ugly side historically when people from different races and backgrounds are mistreated. The most commonly filed civil rights claims in Michigan include:

Sexual harassment
Police misconduct or brutality
Fair Housing Act (FHA) violations
Interference with religious practice or worship
Cyberbullying
Age discrimination
Educational harassment or discrimination
Malicious prosecution

Many other types of civil rights claims can be filed depending on the facts and circumstances. One avenue to help investigate civil rights violations is through the Michigan Department of Civil Rights (MDCR). The MDCR is an investigative body that will investigate a claim of unfair treatment. As long as a claim is made within 180 days of the alleged occurrence, then the MDCR will investigate. The MDCR will complete an investigation and will attempt to try to resolve any disputes between the parties. The MDCR, however, does not have legal jurisdiction or authority over a case, the organization exists to investigate and try to resolve claims outside of court. It is not required that you file your claim with the MDCR before filing a claim in court. Before you do anything, it is important to understand the law and how it applies to you. The best way to do this is to speak to an experienced civil rights attorney who can help you.

HOW AN EXPERIENCED ATTORNEY CAN HELP

An experienced attorney can help evaluate your case’s strengths and weaknesses to decide the best way to approach your case. Since most civil rights claims usually require an in-depth investigation, a thorough evaluation of the series of events is critical to determining the correct legal approach. Whether you have been the subject of discrimination in your employment, housing, or by treatment of law enforcement, it is important to have the strongest legal team possible. If you are suing a company or the government for discrimination, expect that they will have strong and experienced attorneys and law firms on their side to help defend them. Make sure you have an attorney not only experienced in filing civil rights claims but is experienced in winning civil rights claims. If you have legal questions, then call us at Zeineh Law so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are a victim of a civil rights violation, then it is important to speak to an experienced civil rights attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online . Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards justice with a consultation with an experienced civil rights attorney at Zeineh Law today.

Top Defenses for a Domestic Violence Charge

Thu, 16 Dec 2021 22:53:47 GMT

Overview Of Domestic Violence Charges And Penalties

Zeineh Law Can Help You Determine if Your Michigan OWI Is Eligible for Expungement

Domestic violence cases are often paired with lengthy stories between the individuals and their alleged actions. Because of this, domestic violence cases can be complicated as lots of emotion is involved in these types of cases. The potential for harm is great when there are allegations of domestic violence, so courts and judges take these cases seriously. It is important for you to take a domestic violence charge seriously if you are facing prosecution. The first step in doing so is understanding what goes into a domestic violence charge, as there are several that are available to a prosecutor.

Domestic violence charges have a range of potential consequences that are generally based on the answers to two main questions:

How many previous domestic violence cases does the defendant have ? And

Did the complaining witness suffer any injuries ?

If a defendant is charged with domestic violence for the first time and the complaining witness suffered no injuries, then the defendant can be charged with domestic violence which carries up to 93 days in jail, along with fines and court costs. If a defendant is charged with domestic violence for a second time or the complaining witness has visible injuries from the events, then the domestic violence charge can be enhanced to carry a maximum penalty of up to one year in jail, along with fines and court costs. If a domestic violence allegation involves injuries, then that charge is known as aggravated domestic violence. If a defendant is charged with domestic violence for the third time, or aggravated domestic violence for a second time, then the defendant can face a felony charge that carries up to five years in prison upon conviction, along with fines and court costs. Any conviction or admission to a charge of domestic violence will make the defendant ineligible to own or possess a firearm. Doing so would be in violation of federal law.

TOP DEFENSES AND POTENTIAL CASE RESOLUTIONS

In cases that involve people who intimately know each other such as domestic violence cases, there are many potential reasons why a case may not be as it appears. Domestic violence cases include parties who are in an intimate or family relationship. Cases involving roommates can also be charged as domestic violence. There are a few questions that must be answered in determining your defense. Did the events happen as the complaining witness claims they did? Is the complaining witness lying? Does he or she have a reason to lie about what happened? Were you acting in self-defense? If you answered yes to any of these questions, then your defense can be shaped based on your answers. It is possible for a mistake in identity defense, but since the parties in a domestic violence case know each other closely, it is unlikely that this defense is available.

In first offense domestic violence cases, there might be a potential case resolution under a Michigan law that allows for the conviction to be deferred and ultimately dismissed at the end of a period of probation. Under MCL 769.4a , a conviction can be deferred for a charge of first-offense domestic violence. To be sentenced under MCL 769.4a, the defendant must enter a guilty or no contest plea in conjunction with an agreement from the prosecutor to agree to treatment under MCL 769.4a. If the court sentences an individual under this statute, then the individual will be placed on probation and expected to complete anger management classes, along with other probationary requirements. To determine what the best approach in your case, it is best to consult with an experienced criminal defense attorney .

HOW AN EXPERIENCED ATTORNEY CAN HELP

An experienced attorney can help evaluate your case’s strengths and weaknesses to decide the best way to approach the defense of your case. Since most domestic violence cases usually involve testimony from police officers and the complaining witness, a thorough evaluation of the series of events is critical to determining the correct defense approach. It is uncommon for domestic violence cases to come with a video that shows the interactions between the parties. Usually, if a video is available, it is a recording from the patrol car or body cam showing the interactions with the police. Each step officers take during a domestic violence investigation can be examined and questioned in defending your case. If you have legal questions, then call us at Zeineh Law so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are facing a domestic violence charge, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online . Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Zeineh Law today.

OWI Cases Over the Holidays

Thu, 16 Dec 2021 22:48:00 GMT

Leading OWI Criminal Defense Attorneys in Michigan

COMMON CRIMES THAT OCCUR OVER HOLIDAYS

The holiday season is always a time of increased activity and stress. This increased activity and stress can lead to problems such as criminal misconduct. The increases in buying and selling goods open the door for fraud and identity theft crimes, while shoplifting also commonly occurs during the busy holiday season. The gathering of family that typically takes place during the holidays is also often accompanied by alcohol, which can have unintended consequences such as domestic violence, assault, and operating while intoxicated (OWI). OWI is the official name for a drunk driving or “DUI” charge in the state of Michigan. If you are planning to travel or gather with family and friends during the holiday season, then it is important to enjoy your time together responsibly. Alcohol and stress can be the unfortunate catalysts for problems, and you should be mindful of the consequences of your actions. Local and state police departments are aware of the potential for increased crime during the holidays and routinely take measures to help curb potential problems before they occur.

INCREASED HOLIDAY OWI PATROLS

Local and state police departments across Michigan plan and implement various measures to help prevent our roadways from drunk drivers. It is important to be mindful of the extra police patrol that will be on the roads as their main objective is to catch those who are driving under the influence of alcohol or another drug. One such measure that is taken yearly is known as Operation C.A.R.E. (Crash Awareness and Reduction Efforts) Lifesaver Weekend. This weekend takes place on the last full weekend before Christmas each year. Operation C.A.R.E. started in 1977, first as a collaboration between the Michigan State Police and the Indiana State Police to reduce traffic crashes and fatalities on the road during holidays. It has now grown into a nationwide initiative that takes place on multiple weekends during the year to help maintain safer roadways through increased patrols and enforcement.

HOW TO AVOID INCREASED OWI PATROLS

There are several ways that you can avoid increased OWI patrols. The first thing is to decide whether or not you plan to drink before you leave your house. If you do plan to drink, then it is important to arrange for appropriate transportation whether it is through a designated driver, a taxi, or a ridesharing service such as Uber or Lyft. Taxis and Ubers can be expensive during busy times such as the holidays, but the money spent is money towards peace of mind that you will get home in one piece and will not put yourself or anyone else in danger on the road. Unfortunately, we don’t always make the right decisions and may face arrest and prosecution for an OWI charge. If you get arrested for an OWI during the holiday season, then it is important to understand what your rights and responsibilities are. The first thing you should do after an arrest is to call an experienced criminal defense attorney for guidance.

HOW AN EXPERIENCED ATTORNEY CAN HELP

An experienced attorney can help evaluate your case’s strengths and weaknesses to decide the best way to approach the defense of your case. Since most OWI cases usually only involve police officers as the only witnesses, a thorough evaluation of the series of events is critical to determining the correct defense approach. Most OWI cases come with a video recording from the patrol car showing how the stop took place, and what the interaction was like with the police officer. Each step the officer took during an OWI investigation can be examined and questioned. If the blood alcohol results appear incorrect because of a problem with the breathalyzer, then an attorney can help you connect with an experienced expert witness who can assist in pointing out and explaining the problems to a judge and/or jury. If you have legal questions, then call us at Zeineh Law so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are facing an OWI charge, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online . Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Zeineh Law today.

The New Michigan Law on OWI Expungements

Thu, 21 Oct 2021 20:27:30 GMT

How to Get an Expungement for OWI in Michigan

Zeineh Law Can Help You Determine if Your Michigan OWI Is Eligible for Expungement

When someone gets in trouble with the law, one of their biggest goals is to try to move past the incident once it is all over. But even if someone gets through their punishment successfully without any violations, they are often still stuck with a criminal record. One major way people are able to clear their criminal records is through the expungement process. Historically, expungements in Michigan have been very specific and left a lot of people without the chance to clear their criminal records. A new law signed by Gov. Gretchen Whitmer looks to expand expungement availability for people, and for the first time will allow expungements for operating while intoxicated (OWI) offenses. If you have questions about an expungement, then it is important to speak to an experienced criminal defense attorney as soon as possible.

WHAT IS THE NEW LAW?

Michigan House Bills 4219 and 4220 are the documents that will allow people to clear old drunk driving convictions from their records for the first time in state history. Previously, any driving offense convictions, including OWI, driving on a suspended license, and reckless driving were not expungable under state law. This new law allows expungements of OWI offenses, but only to those who qualify. Only first offense OWI convictions that did not result in death or serious injury are allowed to be expunged under the new law. You can also only seek expungement once five years have passed from the end of your sentence. This means that once you fully completed your punishments and responsibilities to the court. If you were sentenced to probation, then your five-year clock starts once your probation is completed. People may start seeking expungement once the law takes effect on February 19, 2022.

HOW MIGHT THIS LAW APPLY TO YOU?

If you have a conviction for OWI on your record, then it is important to determine if it can be expunged under the new state program. If you completed your probation approximately five years ago, then you may be eligible to have your conviction removed by a judge as long as it was a first offense. It is important to understand that OWI expungement is not automatic. An OWI conviction will not just “fall off” after five years as some people may think. To get an expungement granted, you must follow a specific process and file specific paperwork to be heard in front of a judge, who will make the ultimate decision. You will need to demonstrate how your life has changed since your conviction and how removing this conviction will help you in your personal and professional life. Having a criminal conviction removed from your criminal record can open up new job opportunities, housing, and can prevent anyone from finding out about your previous OWI conviction. The state of Michigan has made a strong push to help people clear their criminal records by expanding the availability of expungements, but it is up to you to take advantage of these new programs.

HOW AN EXPERIENCED ATTORNEY CAN HELP

An experienced attorney can help evaluate whether you are eligible to have your drunk driving conviction expunged. Once you are determined to be eligible, then your attorney can properly prepare all of the necessary expungement paperwork and submit it to the court. Once the court accepts your expungement petition, you will likely need to appear in person for your expungement case. Your attorney can help prepare you for this hearing and your presentation in front of the judge. You only get one chance at an expungement, so make sure you do it right. If you have legal questions, then call us at Zeineh Law so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are looking to expunge a past drunk driving conviction, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online . Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Zeineh Law today.

The Michigan Law on Suing Universities for Sexual Misconduct

Thu, 21 Oct 2021 20:23:48 GMT

Considering a Lawsuit Against a University for Sexual Misconduct?

Understand the Laws for Sexual Misconduct Cases Against Universities

Historically, it has been difficult to hold governmental entities such as universities responsible for the actions of their staff due to governmental immunity. Claims that the government cannot be held responsible for the actions of its have become more commonplace as the law has slowly become more favorable for plaintiffs. Legislation typically follows situations where many people have been harmed and have been left without legal recourse. The evolution of law on suing a university is no different. Major changes are made when major harm is uncovered. If you are considering a lawsuit against a university for sexual misconduct, then it is important to speak to an experienced attorney .

HOW THE LAW HAS CHANGED IN RECENT YEARS

Up until 2018, the law only allowed those who were sexually assaulted as kids to file suit up until the age of 19, without any real exceptions. Many kids don’t initially realize that they have been abused since they put trust in the adult that has been entrusted to care for them. In these cases, it may take years for the victims to understand what was done to them, and that they aren’t the only ones who had been victimized. The Larry Nassar scandal at Michigan State University (MSU) initially left scores of victims without the ability to file any sort of lawsuit against Nassar or MSU due to the laws at the time. This prompted legislation that allowed victims to file their claims up until their 28 ^th birthday or three years from when they realized they had been abused. This law may again soon change in reaction to news coming from rival University of Michigan.

HOW THE LAW MAY CHANGE GOING FORWARD

The late Dr. Robert Anderson is at the center of a new set of sexual assault claims against the University of Michigan (U of M) which has prompted new legislation in the state House of Representatives. U of M has already acknowledged that assaults occurred. U of M is currently in mediation with attorneys for approximately 850 people. Attorneys for the victims filed claims regarding the university’s misconduct in concealing the prior claims and demanded the statute of limitations to pause because of this. If this new legislation is passed, then this would allow the plaintiffs to be in a stronger position and help force a resolution from U of M. The new proposals from the House under House Bill 4306 expands to adults and would allow them to file a lawsuit until:

10 years from when the claim accrues;
Their 28 ^th birthday; or
6 years from when abuse has been realized.

The latest of these three is acceptable to file a claim against a university for the sexual misconduct of its employees. Governmental immunity would also be weakened by this bill, disallowing universities from using the defense if they knew or should have known of the accused’s prior sexual misconduct and failed to do anything about it or worse, covered it up. This law will again expand the potential pool of plaintiffs against universities. If you think you might have a case, then it is important to seek experienced legal help immediately.

HOW AN EXPERIENCED ATTORNEY CAN HELP

An experienced attorney can help evaluate whether you have a viable case against your university. It has become an unfortunate commonplace to hear news about a trusted university professor, doctor, or coach being involved in assaultive or other misconduct against students, student-athletes, and other staff members. It is important to hold these universities accountable in the public eye, so this type of conduct is not allowed to be repeated on any university campus. If you have legal questions, then call us at Zeineh Law so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are looking to sue a university for the actions of its staff, then it is important to speak to an experienced attorney. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online . Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards justice with a consultation with an experienced attorney at Zeineh Law today.

Over 70K Michigan Drivers Have Their Licenses Reinstated

Thu, 21 Oct 2021 20:19:47 GMT

Has Your Michigan Driver’s License Been Suspended?

Read About the 2021 Michigan Law for License Reinstatement

A vicious cycle has existed within the Michigan Secretary of State when it comes to driver’s license suspensions. Things such as excessive court fines and state-issued driver responsibility fees made it impossible for some to keep up with the costs associated with trying to keep a Michigan driver’s license valid. As many continued to drive even though their licenses were suspended, it would then result in additional sanctions when they were pulled over without a valid license. The fees would accumulate, and the dream of a valid Michigan driver’s license became less and less attainable. New laws taking effect in Michigan look to break some of that cycle to allow drivers back on the road. If you have legal questions about driver’s license reinstatement, then it is important that you speak to an experienced criminal defense attorney .

WHAT IS THE NEW LAW?

As part of a large criminal reform package signed by Gov. Gretchen Whitmer back in January 2021, Michigan drivers who have had their licenses suspended will have their licenses reinstated as of October 1, 2021. This change only applies to Michigan drivers who are suspended due to nonpayment of fines or their failure to appear in court. There are many offenses that can suspend your driver’s license even though they have nothing to do with driving. It is estimated that about 73,000 people will be immediately eligible to have their driver’s licenses reinstated by the Michigan Secretary of State. If your license is suspended as a punishment for dangerous driving activities such as an OWI, then it is important to know that this new law will not make your license eligible for reinstatement.

HOW MIGHT THIS NEW LAW APPLY TO YOU

If your license is suspended for a failure to appear in court or from a failure to pay tickets, then you may be eligible to have your license cleared so you can get back on the road. If your driver’s license is suspended due to the failure to pay the fines on the following violations, then you are eligible to have your license reinstated. The eligible violations are:

Open intoxicants in a vehicle (as driver or passenger)
Person under 21 possessing alcohol in a vehicle (as driver or passenger)
Minor in possession of alcohol (MIP)
Failure to pay a civil infraction
Using a fake ID to buy liquor
Selling or giving alcohol to someone under 21
Felonious driving
Controlled substance offenses
Unpaid parking tickets

You should have received a letter in the mail from the Michigan Department of State letting you know if you have been impacted by the new law. This letter will explain what is going to happen relating to any violations or suspensions and will inform you if you need to take any additional action to get your license back. Only once you have cleared your suspensions are you eligible to drive. If you have legal questions, then call us at Zeineh law so we can help!

HOW AN EXPERIENCED ATTORNEY CAN HELP

An experienced attorney can help evaluate whether you are eligible to have your license reinstated under this new program. If you are not eligible for reinstatement under this new program, then an attorney can help you find out why and help plan out how to become eligible for reinstatement. Oftentimes, people get their driver’s licenses suspended because of being inattentive or simply being unable to pay off the exorbitant fines that are ordered by a court or the state of Michigan. If your case requires more work, then you will want an attorney to help guide you towards clearing your driver’s license so you can get back on the road. Every day that you wait to act is another day that you are not on the road as a licensed driver. If you have legal questions, then call us at Zeineh Law so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are looking to reinstate your driver’s license, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online . Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Zeineh Law today.

Top Defenses for a DUI Charge

Sat, 17 Jul 2021 07:49:23 GMT

DUI CHARGES BRIEFLY EXPLAINED

DUI is an acronym for “driving under the influence.” Less commonly known is the fact that the charge of “DUI” doesn’t exactly exist in Michigan law. In the state of Michigan, drunk driving charges are called “OWI” or “operating while intoxicated.” The term DUI became popular as it is commonly used in television and movies due to the laws in California naming the charge “driving under the influence.” While OWI is technically the correct term for a drunk driving charge in Michigan, you will routinely find DUI and OWI used interchangeably, both on this website and many others. The crimes are essentially the same, as it is against the law to operate a vehicle while under the influence of alcohol or drugs. In Michigan, the legal limit to operate a vehicle is .08 BAC. If you are found to have a BAC of .08 or higher, then you will likely be facing criminal charges. If you are facing a drunk driving charge, then it is important that you speak to an experienced criminal defense attorney as soon as possible.

POTENTIAL DEFENSES

If an individual is charged with a drinking and driving offense such as operating while intoxicated in Michigan, then he or she potentially has a few different defenses that might be applicable. The top potential defenses to a drunk driving charge include:

INACCURATE BLOOD ALCOHOL TEST RESULTS – Inaccurate BAC results can occur from the improper use or maintenance of the police department’s breathalyzer machine. If the machine is not routinely calibrated and used correctly, then it can give inaccurate results. This can result in a case dismissal.

ILLEGAL STOP OF THE VEHICLE – Police have to have legal justification when pulling a car over on the road. The driver must either commit a crime in their presence or must exhibit driving that makes it appear that the driver is under the influence of drugs or alcohol. If the stop of the vehicle was not legally justified, then any evidence obtained after can be suppressed from the case, resulting in a case dismissal.

INCORRECTLY ADMINISTERED FIELD SOBRIETY TESTS – Field sobriety tests are given by the police in an effort to investigate the potential of a driver being under the influence of alcohol or drugs. These tests are expected to be administered in a specific way to help ensure accuracy and validity.

THE DEFENDANT WAS NOT OPERATING THE VEHICLE – To be properly charged with an OWI case, an individual must have been operating the vehicle. The term “operating” is a wide term that can include simply having the keys in the ignition, but not driving anywhere or having the car on. But if the accused was a passenger or otherwise not in control of the vehicle, then this can serve as a defense to drunk driving.

Each drunk driving case has its own unique facts and circumstances. Some or all of the defenses listed above may be available to defend your case if you are charged.

HOW AN EXPERIENCED ATTORNEY CAN HELP

An experienced attorney can help evaluate your case’s strengths and weaknesses to decide the best way to approach the defense of your case. Since most drunk driving cases usually only involve a police officer as the only witness, a thorough evaluation of the series of events is critical to properly formulating a defense approach. Most OWI cases include video evidence from the patrol car showing how the stop took place, along with any discussion or contact with the police officer. Each step the officer took during an OWI investigation can be examined and questioned. If the blood alcohol results appear incorrect because of a breathalyzer issue, then an attorney can help you connect with an experienced expert witness who can assist in demonstrating the problems to a judge and/or jury. If you have legal questions, then call us at Zeineh Law so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are facing a drunk driving charge, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online . Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Zeineh Law today.

Top Defenses for a Criminal Sexual Conduct Charge

Sat, 17 Jul 2021 07:48:04 GMT

CRIMINAL SEXUAL CONDUCT CHARGES BRIEFLY EXPLAINED

In Michigan, the majority of sex crimes are listed under the state criminal sexual conduct (CSC) statute. Sexual assault crimes under this statute are divided into four different charges:

1 ^st Degree Criminal Sexual Conduct (penetration + injuries)
2 ^nd Degree Criminal Sexual Conduct (contact + injuries)
3 ^rd Degree Criminal Sexual Conduct (penetration)
4 ^th Degree Criminal Sexual Conduct (contact)

1 ^st -degree criminal sexual conduct and 3 ^rd -degree criminal sexual conduct are similar in the requirement of penetration, while 2 ^nd -degree criminal sexual conduct and 4 ^th -degree criminal sexual conduct are similar in the requirement of sexual contact. Both 1 ^st - and 2 ^nd -degree criminal sexual conduct charges require injuries to be properly charged. The complainant’s age is also an extremely important factor in determining the appropriate level of criminal sexual conduct charge. Sex crimes commonly known as rape, statutory rape, and unconsented sexual contact are all included under the state criminal sexual conduct statute. If you are facing an accusation of criminal sexual conduct, then it is important to speak to an experienced criminal defense attorney immediately.

POTENTIAL DEFENSES

If an individual is charged with a criminal sex offense, such as criminal sexual conduct in Michigan, then he or she potentially has a few different defenses that might be applicable. The top potential defenses to a criminal sexual conduct charge include:

CONSENT – One common element across the criminal sexual conduct statute is lack of consent. If the complainant consented to the sexual activity, then the sexual activity cannot be criminal under the criminal sexual conduct statute. The complainant does not actually have to give verbal consent for consent to be valid.

LACK OF EVIDENCE – The intimate nature of a criminal sexual conduct accusation often leads to several additional exams that become part of the case. One exam is known as a “rape kit.” A rape kit is an exam that is conducted by a medical professional to determine if there are any injuries or other harm that can be linked to the alleged assault. If the results of the rape kit don’t match up with the accusations made, then the lack of evidence can become a strong defense.

POLYGRAPH TESTS – A polygraph test, or lie-detector test, is often used by law enforcement during investigations. Polygraph test results are not admissible in court, but anything you say in a test can be used against you if the polygraph is conducted by the police. You have the right to seek a polygraph exam from a private company to help defend your case. If you pass a private polygraph exam, then this can lead to the dismissal of criminal charges.

DNA EVIDENCE – DNA evidence is often collected at the scene of the alleged crime and with the medical professional who administers the rape kit examination. If the complainant is found to have DNA evidence from someone other than the accused, then this can form a potential defense to the charge.

Each case of alleged criminal sexual conduct has its own unique facts and circumstances. Some or all of the defenses listed above may be available to defend your case if you are charged.

HOW AN EXPERIENCED ATTORNEY CAN HELP

An experienced attorney can help evaluate your case’s strengths and weaknesses to decide the best way to approach the defense of your case. An attorney can also help conduct an independent investigation into the facts and circumstances, as well as into the accuser themselves, to see what information lines up with the events and which information doesn’t. The information gained from a proper investigation can be instrumental in formulating your defense strategy and approach. If you have legal questions, then call us at Zeineh Law so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are facing a criminal sexual conduct charge or are currently being investigated, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online . Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Zeineh Law today.

How to Have a Fingerprint Card Destroyed After Arrest

Sat, 17 Jul 2021 07:45:54 GMT

YOUR BIOMETRIC DATA AND ARREST RECORD

When someone is arrested and charged with a crime, that person’s biometric data is collected by the police, and an arrest record is created. Biometric data refers to fingerprint records, photographs, and signatures of an individual. The arrest record and any subsequent criminal charges can be found through an online search through Michigan’s Internet Criminal History Access Tool (ICHAT). ICHAT is the only public resource where Michigan criminal history checks can be made by name. ICHAT is operated by the state of Michigan through the Michigan State Police. For a small fee, anyone can search ICHAT to see if any criminal record exists for an individual. If you have questions about your biometric data or arrest record, then it is important to speak to an experienced criminal defense attorney .

REASONS WHY A FINGERPRINT CARD CAN BE ORDERED DESTROYED

There are a few specific reasons why a fingerprint card and arrest record can be ordered destroyed by the court, they are:

If the defendant was found not guilty at trial;
If the charges were dismissed by nolle prosequi before trial by the prosecutor; or
If the defendant is found not to be within the provisions of MCL 712A.2 (juvenile).

If any of the above things happen, then the Michigan State Police are required to destroy biometrics records and arrest records. If and when they fail to do this, you can file a motion with the court for the judge to order them to destroy the records as required. You can check the status of your own criminal record online through ICHAT .

REASONS WHY A FINGERPRINT CARD CANNOT BE ORDERED DESTROYED

There are several situations where an individual can end up without a criminal record, but ineligible to have their biometrics and arrest records destroyed. If you took a deal that included a deferral of conviction and an eventual dismissal, then you are likely unable to have your biometrics and arrest records destroyed by order of the court. The court will not accept motions for records destruction for sentences imposed under:

MCL 333.7411 (drug possession)
MCL 769.4a (domestic violence)
MCL 600.1076(4) (deferral)
MCL 762.11-762.15 (Holmes Youthful Trainee Act)
MCL 750.350a (parental kidnapping)
MCL 750.430 (engaging in health care under the influence)
MCL 28.243(14) (various offenses)

If you pled to a charge that was deferred by the court, then your biometrics and arrest records cannot be destroyed through a motion to the court. If you have questions about your criminal history and what is eligible to be removed from it, then make sure you direct your questions to an experienced criminal defense attorney.

WHAT YOU MUST FILE

To request that your biometrics records and arrest records be destroyed and removed from your public criminal history in Michigan, you need to file:

A Form MC 235 – Motion for Destruction of Biometric Data and Arrest Record

You must include your case number, your criminal offense, and any related statutes. When you file this motion with the court, you must also mail a copy of the motion to the appropriate prosecutor’s office. The court will assign a hearing date for the motion once it is properly filed and accepted.

If you don’t have all of the necessary information related to your case, then you can request a copy of the register of actions from the court, or you may be able to get all of the necessary information from an ICHAT search. If you would like an experienced attorney’s help in filing your motion to destroy fingerprint and arrest records, then call us at Zeineh Law so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you were arrested and are looking to have the record of it destroyed, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online . Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Zeineh Law today.

How a Self Defense Claim Works at Trial in Michigan

Sat, 17 Jul 2021 07:44:39 GMT

GENERAL HYPOTHETICAL SCENARIO

An area in criminal law that is commonly talked about is that of self-defense. Legal self-defense can come about in many ways. For this discussion, let’s consider the following hypothetical scenario:

Peter and David are at a local park watching a recreational softball game with their respective groups of friends. Peter yelled an insult that David didn’t like and responded back, telling Peter to quiet down. This caused an argument between the men. As the men continued to argue, they drew closer to each other and yelled louder. Peter without provocation violently shoved David, causing him to trip over a stadium seat, and fall on the concrete floor. As a result of the fall, David suffered facial injuries and broke a tooth. Peter then stood over David in triumph and continued to insult him, causing the crowd around them to react with cheers and boos. David decided he had enough, reached for his gun, pointed it at Peter, and shot him, killing him. David did this without warning but with a legal permit to carry his gun.

Under Michigan law, can David claim self-defense or should he be convicted of murder? The first instinct here is probably that David went too far and shouldn’t have shot Peter, and that answer is likely true. The main focus of this article is not to decide who wins the case involved Peter and David, but how a self-defense claim can be made at trial to even allow the jury to consider it. To understand how a self-defense claim can be made in your case, make sure that you speak to an experienced criminal defense attorney .

HOW A SELF DEFENSE CLAIM CAN BE MADE

To properly raise a self-defense claim, there must be at least some evidence admitted during the trial where the defendant makes it clear they were acting in self-defense. In many cases, the only way that self-defense claims can be admitted is through testimony from the defendant at the trial. Once evidence of self-defense has been admitted, then the defense lawyer can then ask the judge to instruct the jury on the law of self-defense and how it applies to the case at hand. There has to be at least some evidence put forward of self-defense or else the judge can reject the defense attorney’s request and the jury will not consider self-defense during their deliberations and verdict.

The biggest benefit of a self-defense claim is the additional burden of proof the prosecutor must overcome to secure a conviction. When self-defense has been claimed, then the prosecutor not only has to prove that the defendant is guilty beyond a reasonable doubt, he or she must also prove beyond a reasonable doubt that the defendant did not act in legal self-defense.

THE JURY INSTRUCTIONS ON SELF DEFENSE IN MICHIGAN

Once a jury trial is at its end and the attorneys have delivered their closing statements, the final thing that happens before a jury goes to deliberate is jury instructions. Jury instructions are given by the judge, who instructs the jury on the law and how they are to apply the law to what they believe the facts of the case are in rendering a decision. Each state and federal jurisdiction has its own approved jury instructions that are used, and Michigan has a few related to self-defense.

Under Michigan Criminal Jury Instruction 7.15 – Use of Deadly Force in Self-Defense states:

The defendant must have honestly and reasonably believed they were in danger of being killed, seriously injured, or sexually assaulted.
The defendant may not kill or seriously injure another against the threat of a minor injury.
The defendant may only use the amount of force that seemed necessary, but not more.

The defendant can be wrong about how much danger they were in. The main focus is at the time of the incident, how reasonable it was for the defendant to fear death or serious injury. If the jury believes that the defendant met the above elements, then he or she can be found not guilty by reason of self-defense. If you are facing a criminal charge, call us at Zeineh Law so we can help!

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you were acting in self-defense and are facing an assault-related charge, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online . Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Zeineh Law today.

How the Little-Used Michigan Law on Seduction Can Come into Play in Criminal Sexual Conduct Cases

Tue, 20 Apr 2021 17:52:25 GMT

WHAT IS SEDUCTION?

Seduction is a Michigan law that was first passed in 1846 and has not been updated since 1931, and it shows in its definition. Under MCL 750.532 , the crime of seduction is “any man who shall seduce and debauch any unmarried woman shall be guilty of a felony.” There is a five-year maximum in state prison upon conviction and a maximum fine of $2,500. There is also a short statute of limitations on seduction cases, as they will not be tried once one year has passed since the date of the alleged offense. This one-year limitation can be waived by the defendant. It is important to note that the crime of seduction requires a man to be the actor, and the woman the victim. The law is based on the idea that the man persuaded or induced a woman to submit to his sexual embraces when she would have not acted in this way otherwise. While the purpose of this law may have an old intent, the action of the law can be helpful in criminal sexual conduct cases.

HOW THIS CHARGE CAN BE USED IN CRIMINAL SEXUAL CONDUCT CASES

One of the most dangerous and life-altering parts of being charged with criminal sexual conduct of any kind is the requirement of being on the Michigan Sex Offender Registry if you are convicted. You can be required to register from 15 years to life depending on the seriousness of the criminal sexual conduct charge. The Michigan crime of seduction is not designated under any of the tiers of the Michigan Sex Offender Registry and is thus excused from being included on the registry upon conviction. This means that if a conviction for the crime of seduction will not result in any sex offender registry. This in itself is enough for some people as one of their main goals will be to avoid the sex offender registry if possible. While the charge of seduction is rarely charged initially, it serves as a potential option for a plea deal that could satisfy all parties. If you are curious if your case might be eligible for a seduction plea, then it is important that you speak to an experienced criminal defense attorney who can give you specific advice about your case.

A RECENT FAMOUS EXAMPLE OF A SEDUCTION PLEA

In 2018, three former Michigan State University football players were accused of sexual assault on a single female. The three players were allowed to plead guilty to seduction, while one pled to an additional charge of surveilling an unclothed person. This allowed the prosecutor’s office to secure convictions and place the men under supervision while acknowledging the victim in the case. The major benefit for these men with their pleas is their avoidance of the requirements of the Michigan Sex Offender Registry. The registry is a blunt tool that groups offenders into broad categories that nobody wants to be a part of. These men could have been on the registry for a very long time if they were convicted of their original criminal sexual conduct charges. The men had faced first and third-degree criminal sexual conduct charges initially. A conviction for first-degree criminal sexual conduct can result in life in prison and lifetime registry, while a conviction for third-degree criminal sexual conduct can carry up to fifteen years in prison and lifetime registry. As you can see, their pleas to seduction charges saved them the potential of very serious consequences. If you are curious about how this might apply to your case, then give us a call at Zeineh Law so we can help.

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

How Do I Get Off the Michigan Sex Offender Registry Early?

Tue, 20 Apr 2021 17:35:53 GMT

MICHIGAN SEX OFFENDER REGISTRY IMPORTANT INFORMATION

The Michigan Sex Offender Registry (SOR) is a state-run database that includes the names, addresses, and criminal sex convictions of everyone in Michigan convicted of an offense that requires registration. Those who are convicted must register their addresses with the Michigan State Police and must continually do so on a set schedule. This is a public registry that can be easily searched online and includes an offender’s mugshot. If someone who is required to register fails to do so, then that in itself can result in new criminal charges. The length of time required to be on the registry also varies depending on the conviction that an individual has. Those who are convicted of listed sex offenses must continue the requirements of the registry for a period of 15 years, 25 years, or life depending on the crime they were convicted of. There are currently nearly 45,000 people on the Michigan Sex Offender Registry, which makes Michigan rank 4 ^th in the United States in the total number of people on the state’s registry. If you have specific questions about the requirements of the Michigan Sex Offender Registry and how those requirements may apply to you, then it is important that you speak to an experienced criminal sex crimes defense attorney as soon as possible.

WHY THE TIERS MATTER

The Michigan Sex Offender Registry is divided into three tiers. Criminal sex offenses can be labeled as Tier I, Tier II, or Tier III offenses. The tier of your offense determines the length of time you will be required to register. The three tiers and their included offenses are listed as follows:

Tier I Offenses: includes crimes such as criminal sexual conduct fourth degree, knowing possession of child sexually abusive material, and assault with intent to commit sexual contact, among other charges. Those who are convicted of a Tier I offense must register in person once a year for 15 years.

Tier II Offenses : includes crimes such as criminal sexual conduct second degree with the victim being between 13-18 years old, accosting a child, certain prostitution offenses, among other charges. Those who are convicted of Tier II offenses must register in person twice a year for 25 years.

Tier III Offenses : includes the most serious sex crimes such as criminal sexual conduct first, second, and third-degree, among other charges. Those who are convicted of Tier III offenses must register in person four times a year for life.

If you are curious about what tier your offense is, and what possibilities you may have for early termination of your registry, then it is important to determine your eligibility for early removal.

HOW YOU CAN DETERMINE IF YOU ARE ELIGIBLE TO BE REMOVED FROM THE REGISTRY

Several circumstances exist under the law that can make someone convicted of a criminal sex offense eligible to be removed from the Michigan Sex Offender Registry early. There are three main categories of offenses that allow people convicted of sex crimes to petition for removal from the Michigan Sex Offender Registry, they are:

Romeo & Juliet Offenders (victim between the age of 13-16 and the offender was no more than four years older than the victim).
Juveniles who were under the age of 14 when they were convicted and were not tried as adults.
Juveniles who were between 14-16 years old when they were convicted, were not tried as an adult, and did not commit a Tier III offense.

If one of the three circumstances above applies to you, then you may be eligible to be removed from the Michigan Sex Offender Registry early.

A petition for early removal of the requirements of the Michigan Sex Offender Registry for Tier I, Tier II, or Tier III registrants can be granted if:

The case was adjudicated as a juvenile offense before the offender’s 14 ^th birthday, or
An offense that previously required registration no longer does.

If you have questions about the potential of early removal from the Michigan Sex Offender Registry, then give us a call at Zeineh Law so we can help.

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are looking to get off of the Michigan Sex Offender Registry, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your case, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or online . Our advice is free, and our conversations will always be protected by the attorney-client privilege. Make your first choice towards freedom from the registry with a consultation with an experienced criminal defense attorney at Zeineh Law today.

Michigan Court of Appeals Rules to Allow Probationers to Use Medical Marijuana While on Probation

Thu, 18 Mar 2021 12:43:39 GMT

Medical marijuana on probation - original case details

In People v. Thue , the defendant Michael Thue was charged with assault and battery stemming from a road rage incident. Thue pled guilty to the charge and was sentenced to one year of probation. The District Court judge that sentenced Thue did so with the provision that Thue was not allowed to use marijuana on probation, including medical marijuana if he was a registered patient. Turns out Thue was a registered Michigan Medical Marijuana user, and he filed a motion to the court asking the court to apply the special protections that Medical Marijuana users are entitled to in Michigan. The special protections that registered medical marijuana patients are entitled to in Michigan include protection from:

Arrest,
Prosecution, or
Penalty of any kind

Thue’s motion centered around the protection of registered medical marijuana patients to be free from “penalty of any kind.” Thue argued that the judge revoking his probation for using medical marijuana would be considered a penalty, and thus against the Michigan Medical Marijuana Act (MMMA). The case was appealed to the County Circuit Court who agreed with the District Court preventing Thue from using medical marijuana while on probation. That decision was appealed to the Michigan Court of Appeals who has now made a landmark decision to allow probationers who are registered patients to use medical marijuana while on probation.

COURT OF APPEALS RULING

The Michigan Court of Appeals recognized that the issue of probationers wanting to use medical marijuana while on probation is a common one that needed a clear answer. In its review, the Court of Appeals noted several other Michigan cases that have concluded that the MMMA preempts or supersedes any ordinances or statutes that conflict with it. For example, the city of Wyoming, MI enacted a zoning law that prohibited any uses that are in conflict with any federal, state, or local law. Since marijuana is still a federally illegal substance, growing marijuana was then effectively made illegal by this new zoning ordinance. A registered medical marijuana patient challenged this statute as being against the provisions of the MMMA allowing him to grow his own medical marijuana, and he won. The Court also reviewed medical marijuana laws in other states and how they have dealt with the same issue with probationers in their states. The Court found the consistent treatment of other states’ medical marijuana laws to be stronger than any ordinances and statutes in conflict with the medical marijuana laws. The Michigan Court of Appeals then concluded that probationers in the same position as Thue should be allowed to use medical marijuana while on probation and that a court cannot impose any penalty or sanction for doing so. If you are looking to be able to use medical marijuana while on probation, then it is important to speak to an experienced criminal defense attorney immediately.

HOW DOES THIS AFFECT ME?

This is a decision that will affect many Michigan probationers for years to come. If you are a medical marijuana user, then you should be happy to know that the protections of the MMMA have just been strengthened by this and many other previous high-court decisions. If you are currently on probation and are being denied your right to use medical marijuana, then a motion to the judge based on the ruling of this case could be what finally allows you to use your medicine without governmental interference. It is important to understand that this decision only affects licensed medical marijuana patients and does not apply to people wishing to use marijuana recreationally. While recreational marijuana is now legal in Michigan, a judge can still legally prevent you from using recreational marijuana while on probation, just as a judge could prevent you from drinking alcohol while on probation. If you have questions about your specific case, then give us a call at Zeineh Law so we can help.

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are on probation and need help getting a judge to allow you to use medical marijuana, then Zeineh Law is here to help. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are trying to decide which attorney to choose or are looking for an honest assessment of your criminal case, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or by email . Our advice is free, and our discussions will always be protected by the attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Zeineh Law today.

Michigan State Trooper Criminally Charged After Using a K9 to Brutalize an Unresisting Suspect

Thu, 18 Mar 2021 12:38:27 GMT

Michigan police brutality—original case details

Michigan State Trooper Parker Surbrook has been criminally charged for his alleged actions during a traffic stop where he allegedly ordered his K9 partner to bite and grab the driver of the vehicle for several minutes. According to reports, Surbrook and an undercover Lansing police officer arrived at the scene where the suspect had already crashed his vehicle into a tree and was laying outside the vehicle nearby. According to Surbrook’s in-car video , the suspect was attacked for several minutes by the K9 as ordered by Surbrook. Surbrook rushed out of his car as he arrived and repeatedly yelled to the dog to “stop him, stop him, stay on the ground.” Even while the suspect reportedly told Surbrook, “I’m done” and “I’m not moving sir,” Surbrook allegedly refused to pull the K9 off of him, Surbrook was reported to have told the suspect multiple times, “I don’t care.” The suspect ended up being treated at the hospital for bite injuries to his head, arms, ribs, genitals, and legs. The suspect also claims to have suffered a broken hip from the incident. Surbrook’s alleged actions were discovered during a routine video review, which led to Trooper Surbrook being criminally charged with felonious assault.

CRIMINAL CHARGES FOR THE STATE TROOPER

Trooper Surbrook is facing a single count of felonious assault. Felonious assault is a crime that carried a maximum possible penalty of up to four years in prison, along with fines and other court costs. Even though Surbrook isn’t accused of directly attacking the suspect, Surbrook is said to have been in control of his K9 partner and allegedly ordered the dog to continually attack the suspect, causing the suspect several injuries. The video in this case is difficult to watch, and the criminal process against this police officer has only just begun. Michigan state representative Sarah Anthony described that she “watched an unarmed Black man be mauled by a police dog for nearly four minutes under the direct orders of a Michigan State Police Officer Trooper.” Rep. Anthony described Surbrook’s actions as “a blatant abuse of power and can only be described as torture.” This is just the latest chapter in the seemingly never-ending problem of police brutality that exists not only in our state but across the country.

THE CONTINUING PROBLEM OF POLICE BRUTALITY IN MICHIGAN

When videos like this surface showing apparent dangerous conduct of police officers abusing their power, the effect can be seen across the world. When the world saw George Floyd senselessly and slowly murdered on a camera phone video, the entire world erupted in protest. The sad thing about these incidents is that without video, we may never hear or see the truth in any of these cases. Black Lives Matter protesters faced an entire summer of attacks and conflicts with local police here in basically all of the major cities around Michigan. The spotlight on police and their conduct has never been brighter. If you or someone you love has been victimized by a police officer, then you may be entitled to compensation for your injuries and for the misconduct of the officer. Cases against police departments are not easily won and require the steady hand of an experienced police brutality lawyer who understands what it takes to be successful against government actors. Governmental immunity protection for police officers is strong and requires a showing that the officer directly or recklessly disregarded the law in their conduct for any civil lawsuit to continue. If you have questions about your situation, then call us at Zeineh Law so we can help.

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are a victim of police brutality, then it is important to speak to an experienced police brutality attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are trying to decide which attorney to choose or are looking for an honest assessment of your criminal case, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or by email . Our advice is free, and our discussions will always be protected by the attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Zeineh Law today.

Michigan Updated Expungement Laws to Take Effect

Thu, 18 Mar 2021 12:32:06 GMT

Michigan’s clean slate legislation

As indicated in a previous blog , the Michigan Clean Slate Legislation was signed by Michigan Governor Gretchen Whitmer in October 2020. The Clean Slate Legislation is now set to take effect on April 11, 2021. This sweeping change in the area of expungements in Michigan is set to make a major change in both the ability to expunge certain criminal offenses and making expungements automatic for certain cases. The Clean Slate Legislation amended Michigan’s expungement laws under MCL 780.621, and now allows:

An individual to petition to set aside an unlimited number of eligible misdemeanor convictions. Previously, an individual could only petition to remove up to two eligible misdemeanor convictions through expungement.
An individual to petition to set aside up to three eligible felony convictions. Previously, an individual could only petition to remove a maximum of one eligible felony conviction through expungement.
An individual a maximum of two convictions for assaultive crimes be expunged during his or her lifetime.

It is important to know that under the Clean Slate Legislation, a provision known as the “one bad night” provision allows for multiple convictions to be considered as one conviction if they were all committed within the same 24-hour period. An individual cannot have more than one felony conviction for the same offense expunged under the Clean Slate Legislation if the conviction has a maximum punishment of more than 10 years in state prison. Drunk driving (DUI/OWI) convictions and other criminal traffic offenses remain ineligible for expungement as Governor Whitmer exercised a “pocket veto” on that provision, removing it from the version of the Clean Slate Legislation that she ultimately signed.

HOW AN EXPUNGEMENT WORKS

An expungement is a legal process to set aside or remove a conviction from someone’s criminal record. The main benefit of an expungement is that your prior conviction(s) are no longer viewable on a public record. The prior conviction(s) will only be available as part of a nonpublic record that law enforcement and other governmental authorities can still see. Prior expunged convictions can still be used by prosecutors to charge a second or subsequent offense or to use in sentencing as a habitual offender. If you are successful in your expungement petition, then it is important to understand that you will not get back any fines or fees that you have already paid, and you will still have to pay any outstanding restitution if you still owe any money. The main functions of Michigan’s Clean Slate Legislation are to allow a wider range of criminal convictions to be expunged and to make the process easier, in some cases automatic. If you have questions about getting an expungement to remove a criminal conviction from your record, then it is important that you speak to an experienced criminal defense lawyer .

HOW DOES THIS AFFECT ME?

If you are one of the thousands of Michigan residents that will be eligible for an expungement under Michigan’s Clean Slate Legislation, then this can affect you directly. A University of Michigan study showed that less than 7% of people get an expungement within five years of being eligible. The provisions of the Clean Slate Legislation seek to increase this number substantially and to allow people to no longer face the collateral consequences of convictions. A criminal conviction can prevent you from getting certain jobs, living in certain places, and can cause long-lasting embarrassment. While most of the provisions of the Clean Slate Legislation are set to go into effect on April 11, 2021, the provisions allowing for automatic expungements will not take effect until later. It is estimated that it will take two years or more for the automatic expungements to start under the Clean Slate Legislation. If you have questions about potentially expunging one or more convictions from your criminal record, then call us at Zeineh Law so we can help.

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are considering filing for an expungement, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. We will help you determine whether or not an expungement is available to you under Michigan law. Feel free to contact us anytime at (517) 292-7000 or by email . Our advice is free, and our discussions will always be protected by the attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Zeineh Law today.

How to Determine if you are Eligible for Expungement per Michigan Law

Fri, 12 Feb 2021 18:08:54 GMT

Michigan Governor Signs Bill Updating and Expanding Expungement Law

WHAT IS AN EXPUNGEMENT?

An expungement is the legal process to have a conviction removed from your criminal record. Not all crimes are eligible for expungement, but many are. Historically, you would only be able to seek expungement for a single conviction after a specific amount of time has passed (typically five years). In recent years, expungement law has expanded in Michigan allowing people to seek expungement of more than one criminal conviction. Even while access to expungements slowly increased, a 2019 University of Michigan study showed that less than 7% of people who are eligible for an expungement actually get one within five years of being eligible. Since so much time has passed, people usually have moved on and adapted to whatever difficulties a conviction has resulted in. Those who don’t get expungements when they are eligible are often hurting their employment and earning opportunities, and generally limiting where they can live because of the inability to pass a criminal background check. This has led to a bipartisan effort in Michigan to introduce automatic expungements and expand the number of crimes that can be removed from an individual’s criminal record.

WHAT ARE THE NEW CHANGES IN EXPUNGEMENT LAW?

Michigan Governor Gretchen Whitmer recently signed new expungement legislation into law which introduced automatic expungements for many crimes. Most misdemeanor convictions will now be automatically expunged once seven years has passed since the end of sentencing. This clock would start at the end of a jail term or the end of probation. The new expungement laws also allow for a nation-first automatic expungement for certain low-level felony convictions once 10 years have passed since the end of any sentence. Individuals are allowed to expunge up to four misdemeanor convictions and up to two felonies automatically. A number of criminal convictions remain ineligible for automatic expungement and still require the proper paperwork to be filed and argued in front of a judge in order to clear your record; the crimes that are not eligible for automatic expungement include:

Assaultive crimes,
High-level misdemeanors,
Crimes of theft of dishonesty,
Felony convictions that carry a maximum sentence longer than 10 years,
Crimes that involve a minor or vulnerable adult,
Crimes that result in an injury, serious impairment, or death,
Crimes that involve human trafficking.

If you have a conviction for a crime that does not qualify for automatic expungement, then make sure you speak to an experienced criminal expungements attorney who can help you determine your eligibility and file the right paperwork to help you clear your criminal record.

Note: While many traffic offenses are expungable under the new laws, drunk driving convictions and traffic convictions that caused an injury or death remain ineligible for expungement under Michigan law.

HOW DO I GET AN EXPUNGEMENT?

If you don’t qualify for an automatic expungement, then you still may qualify for an expungement through the regular expungement process. The waiting periods for the expungement of different criminal convictions has also changed under the new laws. The law used to require a waiting period of five years after the end of your sentence before seeking expungement. The new law allows for waiting as little as three years at the end of a sentence before allowing someone to seek expungement on certain offenses. To best understand what expungement options are available to you, it is important to have pulled a copy of your criminal record to verify what conviction(s) you have, and when they were entered on your record. You will also need to know when your sentence was fully completed and when you were discharged by the court. To fully understand your eligibility for the expungement of a single conviction or multiple convictions, call us at Zeineh Law today.

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you have one or more convictions on your criminal record that you are looking to expunge, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or email. Our advice is free, and our conversations will always be protected by attorney-client privilege. Make your first choice towards a clean record with a consultation with an experienced criminal defense attorney at Zeineh Law today.

East Lansing Criminal Defense and Polygraph Exams AKA Lie Detector Tests

Fri, 12 Feb 2021 18:08:53 GMT

How a Polygraph Exam Can Be Used to Clear an Innocent Person

WHAT IS A POLYGRAPH?

A polygraph is generally known by its commonly used nickname, the “lie detector” test. Most people have never really taken the time to understand how one of these machines work, and what it actually measures. Before starting, an individual will be connected to the machine through a series of sensors that are attached to different parts of his or her body. A polygraph measures several physiological indicators of an individual while they answer a specific series of questions. The physiological indicators that a polygraph measures include blood pressure, pulse rate, respiration rate, and skin conductivity. A polygraph exam will typically begin with a pre-test interview which will help the examiner formulate the relevant questions for an exam. These questions will then be asked along with simple unrelated questions and the answers and physiological reactions to the answers are recorded. The examiner will then make a determination from an individual’s physiological responses to the questions asked whether they are being deceptive or not. The idea behind measuring these indicators is that someone who answers questions deceptively will conceivably have different physiological responses than when answering questions without deception. While the accuracy of polygraph exams is still precisely unknown, polygraph exams are extensively used in criminal investigations in the United States as it is estimated that 2.5 million polygraph exams are administered yearly.

ARE POLYGRAPH RESULTS ADMISSIBLE IN COURT?

In the case of United States v. Scheffer , the Supreme Court ruled to allow individual states to determine the admissibility of polygraph exam results. In Michigan, the case of People v. Barbara and citing cases thereafter generally excluded the results of polygraph exams from being introduced at trial. There is, however, no per se rule in Michigan barring the introduction of polygraph exam results or the testimony of a qualified polygraph examiner. Michigan courts have admitted polygraph test results in certain situations. People v. McKinney and People v. Mechura are two examples of Michigan cases that have allowed the introduction of polygraph exam results at trial. It is important to note that if you take a police polygraph, what you say and how you acted in that polygraph exam is just as admissible as any other statement made to police not administering a polygraph exam. The main issue here is admissibility of the results and the testimony of the polygraph examiner to potentially help aid in your defense proclaiming your innocence. While people often fail polygraph exams, what happens if you pass one? Does that mean that the prosecutor’s office will dismiss the charges against you? The unfortunate answer to that question is that it depends. It is recommended you speak to an experienced criminal defense attorney who can best answer your specific legal questions.

HOW YOU CAN USE A POLYGRAPH EXAM TO HELP YOUR CASE

The technology and science behind polygraph examinations has greatly improved in the nearly 100 years since the inception of the machine back in 1921. If you are successful in getting the results of a polygraph admitted at trial, then you will be able to have the polygraph examiner explain how the test was administered, discuss your results from the test, and give his expert opinion on the deceptiveness or truthfulness of your answers. A polygraph examination can be administered by the police or by a private company. If you take a polygraph exam with the police, then your statements can still be used against you since you are answering police questioning. If you take a polygraph examination with a private company, the discussion and results of that exam will be kept completely private unless you decide to give the information to the prosecution. Depending on the questioning conducted during a polygraph exam and the amount of trust a given prosecutor has with a given polygraph examiner, a passed polygraph exam can possibly result in a dismissal of your criminal charges or can also result in you never being charged at all . If you are curious about taking a polygraph exam and wondering if the results may be beneficial to your defense, then call us at Zeineh Law today so we can help.

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you are facing a criminal charge or are currently being investigated, then it is important to speak to an experienced criminal defense attorney immediately. At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or email. Our advice is free, and our conversations will always be protected by attorney-client privilege. Make your first choice towards freedom with a consultation with an experienced criminal defense attorney at Zeineh Law today.

Leading Civil Rights Attorneys Explain Governmental Immunity

Fri, 12 Feb 2021 18:08:52 GMT

Governmental Immunity Explained

WHAT IS GOVERNMENTAL IMMUNITY?

The legal doctrine of governmental immunity stands for the idea that the government cannot commit a legal wrong and are immune from lawsuit or criminal prosecution for their activities. This concept is derived from common law in England where the translation of rex non protest peccare directly means, “the king can do no wrong.” Today, each jurisdiction has enacted some form of governmental immunity laws, and Michigan is no different. In Michigan, the process to file an injury claim against the government is found within the Governmental Tort Liability Act (GTLA). Under the GTLA, government agencies are generally immune from liability for torts if the governmental agency is “engaged in the exercise or discharge of a governmental function.” A “governmental function” is defined under the GTLA as an activity that is expressly or impliedly mandated or authorized by law. As long as the government action or actor has some basis in law authorizing it, then the government is typically protected from lawsuits.

WHAT DO YOU NEED TO PROVE TO GET PAST GOVERNMENTAL IMMUNITY?

The main exception to get past governmental immunity in Michigan is to prove that the government actor’s conduct was grossly negligent, and the conduct was the proximate cause of any alleged injuries or damage. In police brutality and jail death cases, this is the exception that allows the government to be held financially liable for one of their actors’ actions. Other exceptions also exist within the GTLA that allow lawsuits against the state of Michigan, they include claims for:

Failure to maintain public highways : Michigan law requires roads to be reasonably safe and convenient for public travel.

Negligently operating a government-owned vehicle : The government can be held liable for the negligent driving of an employee operating a government-owned vehicle that is involved in an accident.

Defect in a public building : This involves a known, unsafe defect in a building that the government has not fixed in a reasonable amount of time, allowing the danger to exist.

Failure to provide adequate medical care : All care that is administered by hospitals owned by the Michigan Department of Corrections (MDOC) and the Michigan Department of Community Health is subject to lawsuit for medical negligence.

Sewage disposal system damage or injury : Similar to defects in a public building, if a sewer or drain is not repaired in a reasonable amount of time and then causes and injury, the government can be held liable.

Performance of a money-making governmental function : If the government’s actions were to make a monetary profit from something other than general taxes and fees, then they can be held liable in an appropriate lawsuit.

If you have questions about the likelihood of being able to sue the government for the actions of one of its employees, then it is important that you speak to an experienced civil rights/ police brutality attorney immediately. There are time limitations on how long you have before you can bring your case forward. If you file too late, then you will likely be unable to ever file a successful lawsuit.

WHAT ABOUT MY CASE?

Trying to determine the strength of your case can be tricky and confusing to do on your own. Governmental immunity is designed to keep lawsuits against local and state governments down to a minimum. So, in many cases, people are not able to file suit against the government. Because of this, not many attorneys have real experience in suing the government successfully. To get the best advice about the strength of your case, it is wise to seek the advice of an attorney with a real track record of success in lawsuits for cases similar to yours. You will first need to determine if your case gets past governmental immunity and the coverage of the GTLA. Call us at Zeineh law so we can help you make that determination.

ZEINEH LAW PROUDLY OFFERS A FREE CONSULTATION

If you have been victimized by a governmental employee such as a police officer, then it is important to speak to an experienced attorney immediately . At Zeineh Law, we are proud to offer FREE consultations to all prospective clients. If you are in the process of choosing your attorney or are looking for an honest assessment of your legal situation, then our attorneys are available to help you now. Feel free to contact us anytime at (517) 292-7000 or at the link above. Our advice is free, and our conversations will always be protected by attorney-client privilege. Make your first choice towards justice with a consultation with an experienced civil rights attorney at Zeineh Law today.