College Crime Archives - Drias Law Group, PLLC Michigan Criminal Defense Tue, 04 Dec 2018 17:05:40 +0000 en-US hourly 1 https://wordpress.org/?v=6.3.2 Open Container Charge Dismissed for Man in Detroit https://www.driaslawg.com/open-container-charge-dismissed-man-detroit/ Wed, 01 Mar 2017 18:23:05 +0000 https://driaslawg.com/?p=2367 When a 24-year-old construction worker was charged with having an open intoxicant in a motor vehicle outside of a house party that he was attending, he retained experienced Detroit criminal defense lawyer Martin Drias to intervene. With no prior criminal history, attorney Davis did not...

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When a 24-year-old construction worker was charged with having an open intoxicant in a motor vehicle outside of a house party that he was attending, he retained experienced Detroit criminal defense lawyer Martin Drias to intervene. With no prior criminal history, attorney Davis did not want to see such a simple mistake limit his client’s future opportunities and began working towards the best possible result.

Attorney Davis appeared on the man’s behalf at his court appearances and eventually negotiated to have the open container charge entirely dismissed. By choosing dedicated and effective legal representation, this young man didn’t need to go through a lengthy trial process, would not face an inconvenient probation period, and didn’t need to worry about a blemish on his permanent criminal record.

The outcome of an individual case depends on a variety of factors unique to that case. Case results do not guarantee or predict a similar result in any similar or future case.

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Sexual Misconduct with Minor Student https://www.driaslawg.com/sexual-misconduct-minor-student/ Thu, 07 Apr 2016 18:16:10 +0000 https://driaslawg.com/?p=1862 College is often the first time that many Michiganders are away from home, begin partying, and become sexually active. Unfortunately, these first experiences sometimes get students in trouble with the law. Be it a DUI, a drug charge, or citation for sexual misconduct, many people’s...

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College is often the first time that many Michiganders are away from home, begin partying, and become sexually active. Unfortunately, these first experiences sometimes get students in trouble with the law. Be it a DUI, a drug charge, or citation for sexual misconduct, many people’s first criminal charges result from poor decisions they made in college.

College Students Face a Heightened Risk For Sexual Misconduct Charges

It would be wrong to assume that everyone you meet at college is an adult. Many students enroll in their first year of college at 17, and some may even be as young 16. Depending on your age or your profession, you could face severe penalties for having sex with someone under 18.

Michigan Statute 750.520e describes the offense of criminal sexual conduct in the fourth degree, which involves any of the following:

  • Having sexual contact with a person between 13 and 16 years old, and you are 5 years older than that person
  • Using force or coercion to accomplish the sexual contact
  • Having sexual contact with a student between 16 and 18 years of age, and you are a teacher, employee, or contractor of the school

Sexual contact does not necessarily mean penetration. In fact, you could get convicted for criminal sexual conduct for touching someone in a suggestive manner. The fine for committing the misdemeanor of criminal conduct in the fourth degree may reach 2 years of imprisonment and an optional fine of $500.

A Conviction for Criminal Sexual Conduct Can Ruin Your Future

In addition to fines and significant time behind bars, a conviction for criminal sexual conduct has collateral consequences that can have a far-reaching effect into your life. If convicted of criminal sexual conduct, you could face:

  • Trouble finding a job — Around 80% of big corporations and 70% of small businesses conduct background checks. Two thirds of employers will not consider hiring a former offender.
  • Problems getting a professional license — A conviction for sexual misconduct on your criminal record may be used as evidence of your bad moral character when a professional licensing board considers your application.
  • Registering as a sex offender — Depending on the age of the victim, you may need to register as a sex offender upon your release from prison for a period of 15 to 25 years. Being a registered sex offender excludes you from practicing in some professions involving medical and childcare.
  • Inability to qualify for public housing — The Public Housing Administration considers criminal convictions when determining applicant eligibility.
  • Deportation — If you’re an immigrant and you get a conviction for even a relatively minor offense, you may face deportation proceedings.

In addition to the collateral consequences listed above, you may face disciplinary action from your school, which may result in your suspension or expulsion. In some cases, your access to private grants or fellowships requires you to have a clean record, so your ability to obtain financial aid may be affected by a criminal sexual conduct conviction.

If you get charged with a crime, you need to call a skilled and experienced criminal defense attorney immediately. At Drias Law Group, we pride ourselves in giving every one of our clients a personalized approach and an aggressive defense strategy. Call us today at (313) 944-0236 for your free and confidential consultation.

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College Student Convicted of Crime https://www.driaslawg.com/college-student-convicted-of-crime/ Wed, 27 Jan 2016 14:51:34 +0000 https://driaslawg.com/?p=1645 College is a time for learning, personal growth, and making friends. But for some, it can end up being a difficult or even tragic time. Despite our culture’s idealistic view of the college experience, crime is a reality on campuses across the country, and Michigan...

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College is a time for learning, personal growth, and making friends. But for some, it can end up being a difficult or even tragic time. Despite our culture’s idealistic view of the college experience, crime is a reality on campuses across the country, and Michigan is no exception. From assault to drunk driving, from theft to drug dealing, many college students end up on the wrong side of the law after making bad decisions.

A mistake you make as a young adult shouldn’t ruin the rest of your life. For this reason, you should retain the services of a skilled and experienced Michigan criminal defense attorney if you’re a college student who has been charged with a crime. At Drias Law Group, a knowledgeable Michigan criminal defense lawyer will defend your rights and help you fight your criminal charges so you can stay in school.

An Arrest—Even if You Don’t Get Charged—Could Get You Kicked Out

Each college has a student handbook outlining policies, regulations, and a code of conduct. Generally, these rules provide academic probation or suspension for students who commit certain criminal acts, such as assault, theft, drug possession, or drunk driving. What can be confusing is that the college disciplinary process is independent of any criminal proceedings brought against you by the state.

For example, if you get arrested for assault, your university will almost certainly be informed and the Dean of Student Affairs will likely open proceedings against you. If the state prosecutor decides to not pursue criminal charges, you may still have to justify your actions during a disciplinary hearing at your university, according to its own rules. You may end up getting suspended or put on probation merely for getting arrested.

A Conviction for Drug Use or Sexual Assault Can Affect Your Student Aid

To apply for student aid, such as grants, loans, or work-study, you need to complete the Free Application For Federal Student Aid (FAFSA) for each academic year during which you wish to receive the aid. The FAFSA application requires you to admit whether you received any drug convictions during the period in which you were receiving aid. If the answer is yes, you will need to fill out a worksheet that will help you determine if you are still eligible for financial aid.

In case you are no longer eligible, you may be able to regain your eligibility for federal student aid by completing an approved drug rehabilitation program or by successfully passing two random drug tests administered by an approved facility. Sometimes, students lose their eligibility after the aid has been issued. This means that they will have to refund the aid they received before they can become eligible again.

Finally, if you’ve been convicted of a forcible or non-forcible sexual offense, and were subject to involuntary civil commitment after your jail time, you will not be eligible to receive a Federal Pell Grant.

Your Criminal History Could Affect Your College Application

Many colleges started to collect information regarding applicants’ criminal history when questions about criminal convictions were added to the Common Application in 2006. In some cases, applicants who answer yes to the criminal conviction question will be asked to provide a copy of their official rap sheet, which may unfortunately contain juvenile offenses that were supposed to be sealed by the court.

When the admissions department looks at your criminal records, there’s no telling how they may interpret them. What is certain is that they are not legal authorities, and that they may not be able to understand the relative gravity of the crimes of which you were convicted. They may also make a decision based on portions of your criminal history that were sealed—meaning they were never supposed to be made public.

How a Michigan Criminal Defense Lawyer Can Help You

Owing to the consequences of having a criminal conviction as a college student or applicant, it’s important to seek quality legal representation if you’re a young adult who has been charged with a crime. Not only can a good lawyer help you fight the charges, he or she may be able to help you clean up your record before applying to school. For more information on how we can help, call Michigan criminal defense lawyer Martin Drias with Drias Law Group today at (313) 944-0236 for a free and confidential consultation.

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College Sex Crimes in Michigan https://www.driaslawg.com/college-sex-crimes-in-michigan/ Mon, 17 Aug 2015 10:50:54 +0000 https://driaslawg.com/?p=1124 Sex crimes are unfortunately common on campuses across the nation, including here in Michigan. Some of the most common charges related to sex offenses include forcible rape, forcible sodomy, forcible fondling and sexual assault with an object. The University of Michigan at Ann Arbor alone...

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Sex crimes are unfortunately common on campuses across the nation, including here in Michigan. Some of the most common charges related to sex offenses include forcible rape, forcible sodomy, forcible fondling and sexual assault with an object. The University of Michigan at Ann Arbor alone recorded the second-highest number of sex crimes reported on campus in the U.S. in the latest year we have national data for, totaling 34 incidents.

While this number (and others on campuses across the state) is the highest reported by the school so far, it may not reflect an increase in actual assaults, but rather an increase in reporting. Rape and other college sex crimes are being reported more and more here in Michigan as some of the stigma starts to go away. In turn, Michigan police are taking these accusations very seriously. Since a majority of sex crimes accusations are against a person the victim has a personal relationship with, many of the alleged perpetrators are immediately found and questioned by campus police.

What It Means If You Are Accused of a College Sex Crime

Rape and other sex crimes accusations are taken very seriously now, which means that the accused face serious long-term consequences. Not only do those convicted of campus sex crimes face legal consequences that can include jail time and forcible registry as a sexual predator, but also campus consequences. Some accused sex offenders are expelled from school and unable to finish their degrees, even if the case never goes to trial.

If you are accused of a sex crime, you need to realize the true implications of these allegations now. The job of police is not to help you prove your innocence; it is to find evidence for a conviction of the guilty party. It may be tempting to simply tell your side of the story, but you are better off remaining silent and getting the help of an experienced sex crimes lawyer. Anything you say can be used against you in court, so even admitting to consensual sex could be misconstrued to prove your guilt.

If you have been accused of a campus sex crime, don’t give a statement to the school or to the police without consulting an attorney. Call us right away at the Drias Law Group at (313) 944-0236 for a free consultation on your case. We will listen to your side of the story and may be able to devise a strong defense against the consequences at school and in court.

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