Arrest warrant in Michigan – How to Clear a Michigan Arrest Warrant

Reasons a Michigan arrest warrant is issued

This article explains what you should do to clear a Michigan arrest warrant. A competent and experienced criminal defense lawyer can help you in many ways.
This article explains what you should do to clear a Michigan arrest warrant. A competent and experienced criminal defense lawyer can help you in many ways.

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.

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Appeal Lawyer Michigan – How to find a good appeal lawyer

Author – James E. Czarnecki II

This article, written by a Michigan appeal lawyer, explains why you should not hire your trial attorney to appeal your case.  It also explains what you should look for when you hire an appeal lawyer to represent you.

appeal lawyer in Michigan
This article explains why should not hire your trial attorney do represent you on appeal. It also explains what you should look for when you hire an appeal lawyer.Why your trial lawyer should not handle your appeal

The attorney who represented you at trial should not do your appeal.  You must always hire another attorney to review your case.  The trial attorney cannot distance himself or herself from the case because of personal involvement.  Consider that the Michigan Court of Appeals was not intimately involved in your trial.  The Court does not have preconceived notions about the legal issues.  Everything the Court will learn about your case will come from a review of the transcripts.  Your new appeal attorney should be in the same position as the Court.  The new appeal lawyer has not prejudged your case or the issues.  So, the Court of Appeals and the appeal lawyer will be in the same frame of mind about the issues.  Both parties start the review with an “objective” look at your case.  Because of your trial attorney’s personal involvement, his or her viewpoint will be subjective.

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Why is a MI driver’s license appeal so difficult to win? – Michigan License Appeal Lawyer

MI driver's license appeal
Why is a MI driver’s license appeal so difficult to win? This article explains why the MI SOS has made the appeal process so challenging.

If you have lost your license because of multiple drinking and driving offenses, you may have heard that it is difficult to win your MI driver’s license appeal.   This article will explain why.

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Michigan Driver’s License Appeal – The most important key to winning your license hearing

Michigan driver's license appeal
When you work toward and maintain your sobriety you lay the foundation for the facts needed to win your Michigan driver’s license appeal hearing. Sobriety then, is the key factor in winning your license back.

Author – James E. Czarnecki

In a Michigan Driver’s License Appeal there is one key that is the most important path to winning the license restoration hearing – your sobriety.

The Administrative Rules require absolute sobriety.  Please take note of the requirements of Administrative Rule 13:

“(a) The hearing officer shall not order that a license be issued to the petitioner unless the petitioner proves, by clear and convincing evidence, all of the following: (i) That the petitioner’s alcohol or substance abuse problems, if any, are under control and likely to remain under control. (ii) That the risk of the petitioner repeating his or her past abusive behavior is a low or minimal risk.”

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“Before ordering that a license be issued to the petitioner, the hearing officer shall require that the petitioner prove, by clear and convincing evidence, that he or she has completely abstained from the use of alcohol and controlled substances, except for controlled substances prescribed by a licensed health care professional, for a period of not less than 6 consecutive months or has abstained for a period of not less than 12 consecutive months if the evidence considered at the hearing establishes that a longer period of abstinence is necessary.”

Administrative Rule 13

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Macomb County Criminal Defense Attorney | | Defending Probation Violations

Author – James E. Czarnecki

Defending probation violations

As a Macomb County criminal defense attorney, our firm has represented over a thousand clients charged with probation violations. This article explains how an experienced Macomb County criminal defense attorney can defend you at a probation violation hearing.

Macomb County Criminal Defense Attorney
This article explains how an experienced Macomb County criminal defense attorney can defend you at a probation violation hearing.

A sentence of probation is a creation of the Michigan Legislature.  You do not have a right to probation.  For your reference here is a link to the Michigan Probation Statute. Since a probation violation can result in serious consequences, your attorney should know the various ways to defend you.

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Macomb County Probation | What to expect at a probation violation hearing.

Author – Genevieve L. Taylor

What you can expect at a Macomb County Probation Violation.

Macomb County probation violation
What to expect at a Macomb County probation violation.

In Michigan, a person my be placed on Macomb County probation after a conviction.  The Michigan Legislature has stated that “the granting of probation is a matter of grace conferring no vested right to its continuance.” Essentially, the law states that a defendant is not entitled to probation as a matter of right. The court has the ability to revoke a probationary term if the probationer violates any of the terms set by the court.  Revocation of Probation Statute.  This article describes what you can expect from a Macomb County probation violation.  (Although the article applies to probation violations in any county).

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Habeas Corpus | Michigan Criminal Appeal Lawyer – What your trial attorney must do to preserve issues for federal court review.

Habeas Corpus – Responsibilities and Duties of the trial lawyer

Definition: Latin for “you have the body.” The writ of habeas corpus is a petition that directs state law officials (for example, warden) who have custody of an inmate to appear in court to determine whether the prisoner is being held unconstitutionally.

The federal writ of habeas corpus is often the final chance for a defendant to challenge his or her conviction in federal court after the Michigan state courts have denied relief.  The writ of habeas corpus for a state inmate challenging a state conviction is governed by 28 USC 2254.     Link to Habeas Statute

This article is going to discuss habeas corpus petitions filed by state

Writ of Habeas Corpus
A trial attorney must take steps to preserve a defendant’s federal issues for review in federal court in a writ for habeas corpus.

prisoners in federal court pursuant to 28 USC § 2254 wherein a Michigan prisoner asserts that his or her incarceration or detention by Michigan state officials violates one or more federal constitutional rights.

Most importantly, this article will explain why the trial attorney must preserve any federal issues for appellate review.

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CZARNECKI & TAYLOR successfully appeal client’s case – wrongful convictions overturned

wrongful convictions
CZARNECKI & TAYLOR successfully win appeal for client. Wrongful convictions overturned.

CZARNECKI & TAYLOR successfully appealed our client’s wrongful convictions in the Michigan Court of Appeals and Supreme Court.  The Courts overturned our client’s 4 convictions.   Following a jury trial, our client had been convicted of four counts of third-degree criminal sexual conduct, MCL 750.520d(1)(a). The trial court sentenced the Defendant to 5 to 15 years’ imprisonment for each conviction.

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DUI DEFENSE ATTORNEYS – MACOMB – OWI – DRINKING AND DRIVING DEFENSES

DUI Defense in Michigan
DUI Defense in Michigan

CZARNECKI & TAYLOR are experienced Macomb DUI defense attorneys.  We do, however, handle drunk driving cases in Wayne, Oakland, and St. Clair counties.  We have seen many drunk driving cases over the years.  Our experience, has shown that drunk driving cases are subject to some tried and tested defenses. The best way to beat a drunk driving offense is to have an experienced attorney recognize these defenses and know how use them effectively.

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MICHIGAN APPEAL LAWYER – Appeal of Right vs. Application for Leave to Appeal

Michigan appeal lawyer
Michigan Appeal of Right vs Application for Leave to Appeal

An experienced Michigan appeal lawyer is a chance for hope after an unfair or wrongful conviction.   Appeals are an important part of the criminal legal system. A conviction does not have to be the last word in a criminal case.  If a jury wrongly convicted someone,  if the trial was not fair, or if the sentence imposed does not comply with law, a defendant may have legal remedies to attack the case.  An appeal can be newfound hope in the hands of a skilled Michigan appeal lawyer.

An appeal is a complex and difficult area of criminal law.  An appeal must be done correctly because once the appeal process has ended, a defendant is not entitled to another.  The door to legal remedies can be permanently closed.  This is why it is important to hire an experienced Michigan appeal lawyer to perfect a criminal appeal.  I have had many people write me from prison asking if I can file another appeal for them because their appellate attorney did not raise a variety of legal issues.  I have been able to pursue other post-conviction remedies after the appeal door has closed, but there are significant hurdles to overcome.

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