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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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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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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Michigan Implied Consent Suspension – Driver’s License Lawyer

What is a Michigan implied consent suspension?

Michigan Implied Consent Law
Michigan Implied Consent Suspension

If you refuse an officer’s request to take a chemical test you will receive a Michigan implied consent suspension.  Most people do not realize that when they apply and receive a Michigan driver’s license, they implicitly agree to take an alcohol test when requested by a police officer after an arrest for a drinking and driving offense.

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Clear and Convincing – Standard of proof at a Michigan license restoration hearing

clear and convincing standard and license restoration
You must overcome the “clear and convincing” standard in order to win your Michigan license back.

The clear and convincing standard is the burden of proof that you must overcome in order to win your license restoration hearing.  Your testimony and documentary evidence must establish by clear and convincing evidence that any alcohol problem is under control and likely to remain that way.

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Heroin Possession – Macomb County

heroin possession macomb
If you are charged with possession of heroin in Michigan, we can help guide you through the legal and recovery process.

Heroin possession is a serious charge often accompanied by an equally serious and dangerous addiction.  Across the country the news reports on the opioid epidemic affecting many people. We have seen the effects of the epidemic first-hand in criminal cases.  In many instances, prescription pill abuse often leads to heroin use.  People turn to heroin because it is much cheaper to purchase than Vicodin. We agree with the courts that doctors over-prescribe prescription pills.  For some, that is where the addiction starts. Prescription medication is very often the catalyst for heroin addiction.

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License restoration myths and misconceptions in Michigan

License Restoration Myths
Michigan Driver’s License Restoration Myths and Misconceptions.

The purpose of this article is to dispel some of the most frequent Michigan driver’s license restoration myths and misconceptions that I have heard over the many years of representing clients through the license restoration process. Unfortunately, a lot of misinformation gets spread around either by word of mouth or the internet.  So, let us explain what is myth and reality.

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License Restoration in Michigan – The steps you should take to get your license back.

Cutting through the red tape of Michigan driver's license restoration
Let CZARNECKI & TAYLOR cut through the red tape of the Michigan driver’s license restoration process for you.

This article describes the steps you should take in the Michigan license restoration process.  In Michigan, if you are convicted of two drinking and driving offenses within 7 seven years, or 3 within 10 years, your license will be revoked.  If you have a “2 within 7” you lose your license for a year.  A “3 within 10” results in a 5 year revocation.  You will have to appeal to the Driver’s Assessment and Appeal Division (DAAD) to get your license back.

Losing your license is a burden.  You cannot drive anywhere you want to go, at least not legally.  If you are caught driving while your license is revoked you will have to wait for the original revocation time to end and then serve a “like kind” revocation of 1 or 5 years.  Also, your loss of driving privileges is not only a burden on you but on family and friends as well.  They have to become your taxi.  Life gets seriously complicated without a license.

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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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