Setting aside a Michigan criminal conviction is the process that removes your public criminal record. This process is typically called an “expungement.” In Michigan, there is one process to set aside a conviction on your adult record. There are numerous reasons that people want to expunge a felony or misdemeanor. A felony conviction (and even misdemeanor) can affect employment, education, career advancement, and firearm rights, among many other reasons.
Oftentimes, people want to expunge a Michigan criminal conviction if they are looking for employment a new job or a professional license. Many employers and professional licensing boards will disqualify a candidate for a felony or misdemeanor conviction. If a person can expunge his or her conviction, the record becomes nonpublic. This means that most employers will not be able to see it during a criminal background check. The Michigan State Police, however, will still keep a nonpublic record of a conviction that is expunged. For example, some employers, such as police departments will still be able to see the conviction.
Drug Overdose in Michigan – Immunity from Arrest and Prosecution
The United States is currently in the midst of an opioid epidemic. Statistics show that overdose deaths are now the leading cause of accidental death in the United States. Immunity from arrest and prosecution can help save lives.
Many of these deaths can be prevented if emergency medical assistance is quickly called to assist and treat a person suffering from an overdose. The chance of surviving an overdose, like that of surviving a stroke or heart attack, depends greatly on how fast a person receives medical attention.
Macomb County Retail Fraud – In Michigan, if a person is caught shoplifting, that person will be charged with what is called Retail Fraud. Retail fraud, can have drastic consequences on a person’s career path if the crime is placed on his or her criminal record. Michigan retail fraud cases can affect your employment because potential or current employers will be hesitant to employ someone with a conviction for theft and/or dishonesty. While the crime itself may not seem serious, the consequences of a conviction are far reaching.
A distracted driver presents a significant danger to the public. Distracted driving claimed 3,477 lives in 2015 alone. NHTSA. According to the National Highway Traffic Safety Administration (NHTSA), distracted driving is “any activity that could divert a person’s attention away from the primary task of driving.” A distracts a driver puts the driver, other occupants, and everyone else on the road in danger of serious injury or death. That risk must be eliminated.
No. If you are a suspect do not talk to the police or make a statement without first consulting with a criminal defense attorney. Ever.
Many people know that they should not talk to the police without an attorney. It is a simple rule and many people know it well. However, despite this knowledge, too many people ignore the rule because they do not want to appear guilty. They fear that if they do not immediately talk to the police, they will be seen as guilty. Moreover, people mistakenly believe that if they hire a lawyer, the detective will assume they have something to hide. Those fears are misguided.
There are many reasons why you should not talk to the police without an attorney. This article explains why an individual should not talk to police without the assistance of counsel.
What is the difference between probable cause and reasonable suspicion?
Many people, including lawyers, do not draw a clear distinction between probable cause and reasonable suspicion. This article explains the differences between the two standards granting the police the authority to stop, detain and search an individual.
Any analysis of a search and seizure must begin with the Fourth Amendment. Both the Michigan and the United States constitutions protect citizens from unreasonable searches and seizures. US Const, Am IV; Const 1963, art 1, § 11. The key word is “unreasonable” searches and seizures. The constitutions do not forbid searches and seizures, only unreasonable ones. Text of Fourth Amendment
If you have found it difficult to obtain new employment or a professional license because of a criminal conviction, you should consider a motion to expunge your criminal record. Most potential employers, schools, or licensing boards will disqualify you from an opportunity because of a felony or misdemeanor conviction. Michigan’s criminal expungement statute provides you the legal basis to clear your criminal history of a conviction that can cause you to miss great opportunities in life.
If you lost your Michigan driver’s license appeal at the Secretary of State hearing office, you may be able to appeal your driver’s license denial to the circuit court. Many times people choose to represent themselves at the hearing and make mistakes that could have been easily avoided. Moreover, your license denial may be the result of hiring a lawyer that does not specialize in license appeals. This article explains how to appeal your driver’s license denial to circuit court.
When you find out a Michigan warrant has been issued for your arrest, anxiety and nervousness begin to set in. You do not want to be arrested at your place of work. Most certainly you do not want to get arrested during a traffic stop with your children in the car. A warrant will force you to look over your shoulder. This article explains what you should do to clear your Michigan arrest warrant.
A Michigan arrest warrant can be issued for misdemeanors and felonies. In fact, an arrest warrant can be issued for many reasons. These reasons could include a failure to appear in court, failure to pay fines and costs, probation violations and new charges.
The process of finding and hiring the best criminal lawyer for an appeal or to defend you against criminal charges can be a complicated process. The choice is critical when your life or freedom is on the line.
When the criminal lawyer takes a client’s case it comes with great responsibility. The client puts his or her future and possibly freedom in the hands of the lawyer. This article explains what you should consider before you hire the best criminal lawyer for you.