A Michigan OWI will negatively impact your CDL.

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 6, 2022

As a professional driver, getting arrested for an OWI can have serious consequences on your career. Not only will you face severe legal penalties and potentially even jail time, but your commercial driver’s license (CDL) could also be suspended or revoked, which could make it impossible for you to continue working in your field. If you are facing an OWI charge and your CDL is at risk, it is important to seek legal counsel right away in order to protect your rights and work towards a positive outcome.

Why sober people fail Michigan field sobriety tests.

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 6, 2022

Sober people can fail Michigan field sobriety tests.

First, what are field sobriety tests?

Sobriety tests are designed to assess a person’s level of intoxication. Field sobriety tests typically involve performing various physical and mental tasks in order to determine whether the person is under the influence of alcohol or some other substance. While these tests can help a police officer, sober people can fail them as well. In this blog, we will discuss some reasons sober people fail Michigan field sobriety tests and why their results should be viewed with caution. The most shocking fact is that there is no conclusive evidence that a sober person will perform better on a field sobriety person than a person who is impaired by alcohol.

Police uses field sobriety tests, sometimes called roadside tests, when they suspect that a person is operating while intoxicated, OWI in Michigan. An officer asks the individual to perform specific tests while noting the person’s balance, coordination, attention to instructions, etc. The officer will record the results to support probable cause for an OWI arrest.

The steps you need to expunge your Michigan Criminal Conviction.

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 6, 2022

How to expunge your Michigan criminal conviction explained. — The steps you need to expunge your Michigan criminal conviction.

If you have been convicted of a criminal offense in Michigan, you may be eligible to have your record expunged. This process can be complicated and may require the help of an attorney to ensure that it is done correctly. In this blog post, we will discuss some steps involved in expunging your Michigan criminal convictions.

Before we begin the discussion, you should know, in 2023, Michigan will have an automatic expungement process. You can learn more about that in this article.

What to expect if you are charged with a Michigan Retail Fraud.

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 5, 2022

If a store catches someone shoplifting, the prosecutor will charge them with retail fraud. A retail fraud conviction can have drastic consequences on a person’s career because employers are hesitant to hire someone with a conviction for theft and dishonesty. While the crime may not seem serious, the consequences are far-reaching.

Information on Michigan’s New Automatic Criminal Expungement Law

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|Nov 2, 2022

Information of Michigan's automatic criminal record expungement. — Information on Michigan’ automatic criminal expungement law.

Good news is on the horizon if you have found it challenging to obtain new employment or a professional license because of a criminal conviction. Most employers, schools, or licensing boards will disqualify you from an opportunity because of a felony or misdemeanor conviction. Michigan’s automatic criminal expungement law will eliminate certain convictions from your history.

If your criminal record is expunged, potential employers cannot see the conviction. The Michigan State Police, however, still keep a nonpublic record of the conviction.

Michigan has recently passed a new law that will go into effect in 2023, which will automatically expunge the records of certain criminal offenses. This is an important step towards progressive criminal justice reform, as it helps to reduce barriers to employment and housing for people who have been convicted of minor offenses. See if you qualify for Michigan’s automatic expungement process.

Never talk to the police without a lawyer.

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 2, 2022

If you are a suspect or have been arrested, never talk to the police.

If you are a suspect or have been arrested by the police, do not make a statement without first consulting with a criminal defense attorney. You cannot talk your way out of a criminal charge, so don’t try it. The police want to speak with you so that you can make their job easier. They want a confession or admission.

Many people know 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 talk to the police because they do not want to appear guilty. People also mistakenly believe that if they hire a lawyer, the detective will assume they have something to hide. That isn’t true.

This article explains the many reasons you should not talk to the police without an attorney, even if you are completely innocent.

How to find a great Michigan criminal lawyer near you.

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 1, 2022

When you want to find a great Michigan criminal lawyer near you, the search process can be complicated. There are many aspects to consider when searching for representation, and knowing what to look for can help you find the right lawyer for your case. There are many qualified lawyers in Michigan, so how do you choose the right one? Here are some tips to help you find a great criminal lawyer near you.

Why Michigan Driver’s License Appeals are difficult to win.

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 1, 2022

If you have lost your license because of multiple drinking and driving offenses, you may have heard that Michigan driver’s license appeals are difficult to win. In this article, we will examine some of the reasons OHAO Michigan driver’s license appeals may be challenging, as well as what you can do to restore your driving privileges.

One of the primary reasons OHAO Michigan driver’s license appeals are difficult is that the hearing officer is looking for any reason to deny you a license. Since you have committed multiple drinking driving offenses, the hearing officer presumes you are a danger to yourself and others. We go into more detail about the presumption and how to overcome it in this article. Even though the administrative rules allow for an appeal, depending on the revocation period, you are revoked for life until you win the hearing.

What happens at a Macomb County probation violation hearing?

By Attorney James Czarneck|Czarnecki & Taylor PLLC|OCT 31, 2022

In Michigan, court may place someone on Macomb County probation after a conviction. The Michigan Legislature states that “the granting of probation is a matter of grace conferring no vested right to its continuance.” Essentially, the law states that a defendant does not have a right to probation. The court can revoke a probationary term if the probationer violates any of the conditions set by the court. Revocation of Probation Statute.

One of the biggest concerns for many individuals placed on probation is a violation hearing. This can be a very nerve-racking situation and one that could have a drastic impact upon your life. For example, the court could put you in jail or revoke a special status where the court puts the conviction on your record. This article describes what you can expect from a Macomb County probation violation. The following information applies to both district court and circuit court violations.

How to Preserve Your Habeas Corpus Right in Michigan trial courts.

By Attorney James Czarnecki|Czarnecki & Taylor PLLC|OCT 31, 2022

How to preserve state trial court issues for federal review.

What is a Writ of Habeas Corpus?

A writ of habeas corpus is a legal process that allows an individual detained by the government to challenge the legality of their detention. In federal court, defendant can file a writ of habeas corpus as long as the petition raises constitutional concerns. Through a writ of habeas corpus, an attorney may help get a defendant released from custody. The writ of habeas corpus is a petition that directs state law officials who have custody of an inmate to appear in court to determine whether the prisoner is being held unconstitutionally.

A federal writ of habeas corpus is often the final chance for a defendant to challenge their conviction in federal court after the Michigan state courts have denied relief. 28 USC 2254 governs the writ of habeas corpus for a state inmate challenging a state conviction. This article will discuss habeas corpus petitions filed by Michigan state prisoners in federal court under 28 USC § 2254. This article explains why the trial attorney must preserve any federal issues for appellate review.