DUI Drunk Driving Attorney Monroe Michigan

 

Monroe Michigan Drunk Driving Attorney

When you are charged with OUI/OWI/OWIDMonroe Michigan Drunk Driving Attorney (Drunk Driving), it is a very serious charge that could leave lasting ramifications for years to come. It is overwhelming and very emotional when you consider the vast and differing amount of punishment and retributions. Your license could be suspended, you could lose your employment, and you possibly face time in jail and/or prison.

At The Law Office of Christopher Fleming, we are dedicated and experienced in providing an aggressive representation when you are facing OUI/OWI Drunk Driving charges. When our clients come to us with their toughest problems, we find solutions that work best for them. We fight hard for the best possible outcome for our clients.

Implied Consent Violations

Michigan law also provides penalties for chemical test refusal, also known as “Implied Consent Violations.” As a licensed driver in the State of Michigan, you automatically give your consent for police to take a blood breath or urine sample if they have probable cause to believe you are operating a motor vehicle while intoxicated. Penalties for implied consent violations are very serious and range from 1 year of suspended driving privileges to two years of suspended driving privileges. You may be able to file for restricted license if it is your first implied consent violation. Implied consent is not to be confused with the roadside PBT (Personal Breath Test) offered by police when they stop you by the side of the road. A PBT refusal is a civil infraction and generally does not carry any license suspension.

Michigan Drunk Driving Possible Penalties and Fines

First Drunk Driving Conviction:

  • Drivers License Suspended 30 days, followed by license restrictions for 150 days
  • Up to 93 days Jail
  • Up to 360 Hours Community Service
  • $100 to $500 fine
  • Possible Ignition Interlock
  • Six Points added to Driving Record
  • Drivers Responsibility Fees ($1000 for two consecutive years for OWI)

Second Drunk Driving Conviction (within 7 years):

  • Drivers License Revocation and Denial minimum 1 year (minimum of 7 years if prior revocation in 7 years)
  • Minimum of 5 days in jail up to 1 year in jail.
  • 30 to 90 days of Community Service
  • $200 to $1000 fine
  • License plate confiscation
  • Six Points added to Driving Record
  • Drivers Responsibility Fees ($1000 for two consecutive years for OWI)
  • Possible vehicle forfeiture
  • Vehicle immobilization for 90 to 180 days, unless vehicle forfeited.

Third Drunk Driving Conviction (within lifetime) FELONY:

  • Drivers License revocation and denial if there are 2 convictions within 7 years or 3 convictions within 10 years. The minimum period of revocation and denial is 1 year. (minimum 5 yeas if there was a prior revocation within 7 years
  • $500 to $5000 fine
  • 60 to 180 days Community Service
  • FELONY – Carries minimum 30 days in jail up to 5 years in state prison
  • License plate confiscation
  • Six Points added to Driving Record
  • Drivers Responsibility Fees ($1000 for two consecutive years for OWI)
  • Possible vehicle forfeiture
  • Vehicle immobilization for 1 to 3 years, unless vehicle is forfeited
  • Vehicle registration denial

Contact Us For a Free Consult

If you have been arreseted and accused of drunk driving in Monroe Michigan area, or if you have any questions about being charged with drunk driving in Michigan, please contact us today for a free consultation. You can fill out the form on your right, or call us at 734-265-0340 anytime.

Monroe Michigan Possession of Marijuana Attorney

Possession of Marijuana Attorney in Monroe Michigan

Having a misdemeanor or felony possession of Monroe Michigan Marijuana Attorneymarijuana charge on your public criminal record can have serious consequences, financially and socially. It could affect your ability to land the job you strive for, loss of driving privileges, and the stigma of having a criminal record. It may also hinder you in getting government loans and assistance. If you have been charged with possession of marijuana in Monroe Michigan, or the police have stopped you for possession of marijuana, contact the experienced criminal defense attorney Christopher Fleming today at 734-265-0340.

MCL 333.7403 makes first time possession of marijuana a misdemeanor punishable by up to one year in the county jail and/or a $2,000.00 fine. With habitual offender laws, a second time possession of marijuana could be charged under Controlled Substance Habitual offender laws and you could be facing a felony!

There are options though to keep a simple possession of marijuana off your record, those diversion programs include Holmes Youthful Trainee Act and “7411.”

Holmes Youthful Trainee Act

Holmes Youthful Trainee Act (“HYTA”) is a program for first time offenders between the ages of 17 and 24. There are many conditions required to be able to enter HYTA status, and it is important to retain an attorney in helping you get this program. If the Judge grants the HYTA status, and probation is completed, the charge is never entered onto your record.

“7411”

7411 comes from MCL 333.7411 (Michigan Law), which allows anyone who has not been convicted of a drug related offense to possibly keep the drug charge off their record. If the Judge grants 7411 status, the finding of guilt is deferred and if probation is successfully completed the charge will remain off of your permanent record. It is important to note 7411 does not have the same age constraints as HYTA, and there are many conditions and requirements to enter 7411 status. As such, it is important again to retain an attorney in helping you get 7411 status.

What to do if Police stop you

  1. You HAVE the right to remain silent. Use it. Be respectful when talking with the police officer, and simply state you refuse to answer questions without your attorney present
  2. DO NOT fight with or argue with the police. Fighting with the police and disobeying police commands is a sure way to turn a minor level crime into a full blown felony. Do not argue with the police, the time to argue the case is in the courtroom and not by the side of the road.
  3. DO NOT consent to a search of the vehicle, home, or person. While occasionally the Police may have what’s called probable cause or a warrant to search your person, home, or vehicle, most of the time the police will request consent to search. You have a constitutional right not to consent.
  4. DO write down all details immediately following the stop.
  5. DO, if you’re arrested, ask for an attorney immediately
  6. DO contact the Law Office of Christopher Fleming

Contact Us Now, for a FREE Consultation

We are available 24 hours a day, 7 days a week. There are two ways to set up your free consultation:

  1. Call us at 734-265-0340
  2. Fill out the contact form on this website and we will get back to you as soon as possible.

Your liberty and future depends on making the right attorney decision. The Law Office of Christopher Fleming is experienced in Possession of Marijuana cases, and fights for the best possible outcome for his clients. Contact us today and set up your free consultation!

 

Monroe Michigan Expungement Attorney

How to Expunge your criminal record with the help of Detroit Expungement Attorney Christopher Fleming

*PLEASE NOTE, THIS INFORMATION IS PRE-AMENDMENT (JANUARY 2015) TO THE EXPUNGEMENT STATUTE. UPDATED INFORMATION WILL BE PROVIDED HERE SHORTLY*
Having a felony of misdemeanor conviction on your public record can have serious consequences, financially and socially. It can be affecting your ability to land the job that you have always dreamed of. It can keep you from obtaining professional licenses that you otherwise may qualify for. It may also be hindering you in obtaining government loans or assistance. Furthermore, as a result of a criminal conviction, it may be weighing on you socially being branded a criminal.

As the old adage goes, everybody makes mistakes. Detroit Michigan Expungement Attorney Christopher Fleming doesn’t believe a one time lapse in judgment should hinder a person for the rest of their life. Fortunately, Michigan law provides an opportunity to expunge your criminal record if you meet certain requirements. In Michigan expunging a conviction is also known as setting aside conviction.

MCL 780.621 establishes who may be entitled to having their criminal conviction expunged:

 “A person who is convicted of not more than 1 offense may file an application with the convicting court for the entry of an order setting aside the conviction. A person who is otherwise eligible to file an application under this section is not rendered ineligible by virtue of being convicted of not more than 2 minor offenses in addition to the offense for which the person files an application.” ~ MCL 780.621

Essentially, to qualify for expunging your criminal record in Michigan the first hurdle is to not have more than one criminal offense on your public record that you wish to expunge. Furthermore, Michigan allows two previous minor offenses to be on your record in addition to the criminal record you want to have expunged. Minor Offenses in Michigan Expungement cases is defined as a misdemeanor or ordinance violation where the maximum imprisonment does not exceed 90 days or maximum fine does not exceed $1,000.00, that was committed by a person 21 years of age or younger.

“A person shall not apply to have set aside, and a judge shall not set aside conviction for a felony for which the maximum punishment is life imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonment, a conviction for a violation or attempted violation of section 145c, 145d, 520c, 520d, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.145c, 750.145d, 750.520c, 750.520d, and 750.520g, or a conviction for a traffic offense.” ~ MCL 780.621

The Michigan Expungement law does not allow the listed offenses to be expunged or set aside, these include:

  • Felony or Attempted Felony for which maximum punishment is life imprisonment.
  • Child sexually abusive material (Child Pornography).
  • Use of Internet or computer to commit various crimes.
  • Criminal Sexual Conduct 2nd Degree.
  • Criminal Sexual Conduct 3rd Degree.
  • Assault with intent to commit criminal sexual conduct.
  • Traffic offenses.

“An application shall not be filed until at least 5 years following imposition of the sentence for the conviction that the applicant seeks to set aside or 5 years following completion of any term of imprisonment for that conviction, whichever occurs later.” ~ MCL 780.621

In addition to having one felony or misdemeanor to expunge (plus a possible two minor offenses) and not having a conviction for a crime that is prohibited from being expunged, Michigan Expungement law requires the applicant for expungement or setting aside the conviction to wait 5 years after conviction/sentencing or 5 years after the term of incarceration (whichever occurs at a later date). For example if you were convicted of a crime on January 1st 2014 and sentenced to 3 years probation, if you are not incarcerated on the charge the earliest you would be able to file for expungement of the criminal record would be January 1st 2019. However, if you were convicted of a crime on January 1st 2014, and sentenced to serve 5 years in prison and you served those 5 years in prison, the earliest you would be able to file for expungement of your criminal record would be January 1st 2024.

Michigan Expungement Qualification Summary

To summarize the requirements to qualify to potentially expunge or set aside your criminal record in Michigan, you need to meet the following requirements:

  • Only one Felony or Misdemeanor Conviction (Michigan Expungement Law allows an additional two minor offenses committed by person when they are 21 years of age or younger.)
  • The Felony or Misdemeanor conviction should not be in the prohibited convictions list.
  • Five year waiting period after incarceration or conviction/sentencing.

How to expunge your criminal record in Michigan in 7 Steps

1. Determine if you qualify to have your criminal conviction expunged.

2. Obtain two sets of fingerprints on Michigan fingerprint form RI-8, or FBI fingerprint form FD-258.

3. Complete petition for expungement or to set aside your conviction.

4. File the petition of expungement of your criminal record in the court where you were convicted.

5. Submit required paperwork and fees to The Michigan State Police, Attorney General of Michigan, and to the prosecuting attorney who prosecuted the original crime.

6. Prepare for the hearing.

7. Attend the hearing and argue your case.

Why you should obtain professional legal assistance from Detroit Expugnement Attorney Christopher Fleming to help expunge your criminal conviction in Michigan

 Obtaining an expungement of your criminal record in Michigan is no easy feat. Many rules and laws apply to expunging criminal convictions in Michigan, and this guide only breaks the surface of them. In fact expunging a criminal conviction in Michigan is a time consuming technical undertaking.

Detroit Expungement Attorney Christopher Fleming prides himself on being honest, friendly, and courteous to his clients. He walks his clients through step by step and informs them of what to expect in the expungement process. Expunging your record is challenging, but contact Attorney Christopher Fleming today to take the stress out of the process.

Don’t delay in getting your second chance, contact Detroit Expungement Attorney Christopher Fleming at 734-265-0340 today!