But before you plead guilty to any crime – significantly a domestic violence charge in Michigan, it is important to discuss the details with an experienced domestic violence lawyer. You’ll want to know how accepting a guilty conviction will impact your life – now and in the long term.

When to Consider a Guilty Plea for Domestic Violence

You may not think it may be in your best interests to plead guilty to domestic violence charges, but depending on the details of your case, pleading guilty may be appropriate if it lets you deal with the charge while reducing the overall harm to your life.

For example, if the prosecuting attorney has considerable evidence against you, and a conviction could result in substantial jail time, pleading guilty in exchange for a lesser sentence could be the best option.

Of course, this is just one example. You and your attorney will need to closely evaluate the individual details of your case to determine whether pleading guilty is a good fit.

Options for Pleading Guilty to Domestic Violence

Depending on the specific domestic violence allegations, you could be facing considerable jail time, prison, fines, restitution, custody issues, a restraining order, and other criminal penalties.

Fortunately, by agreeing to plead guilty, you may be able to avoid many of these. The state’s prosecuting attorney may be willing to enter into a plea agreement with you for a lesser sentence.

To resolve some domestic violence charges, you may be able to enter a pretrial diversion program. But, many pretrial diversion programs are not available to individuals with prior convictions or if you’re charged with .

Additionally, if you are found guilty of domestic violence in Michigan, you may find it difficult to get your record expunged. Although domestic violence connections can be expunged in some cases, there are specific requirements. A minimum of five years will need to have passed, and you must not have been charged with or convicted of any other type of crime.

You may also experience citizenship and immigration issues, child custody issues, and a loss of firearm rights as a convicted felon. These considerations are not to be taken lightly.

Contact a Domestic Violence Defense Attorney for Help

Pleading guilty to domestic violence charges is not always the right step for everyone. However, sometimes, pleading guilty could prove to be the best option for your future.

Find out how to best approach your domestic violence charges when you contact an experienced Michigan domestic violence defense attorney at Drias Law Group. Call our office at (313) 944-0236 or complete our online contact form for a free, confidential consultation.

The post Should I Plead Guilty to Domestic Violence? appeared first on Drias Law Group, PLLC.

If you have been arrested for domestic assault and battery, you need an attorney immediately. Call Drias Law Group at (313) 944-0236 to plan your next step.

Do Not Try to Defend Yourself

If you’ve been accused of assault and you’re now under arrest, it’s likely that your first instinct is to defend yourself. Few people set out intending to hurt their loved one, and you may want to explain what led up to the fight or prove what a good partner you are in other circumstances.

Ignore this instinct and do not even try to defend yourself. Remember, anything you tell the police can and will be used against you. They aren’t looking for evidence that you are innocent; they are looking for evidence that they can use to get you prosecuted. Even the most innocent statements can be misinterpreted in a way that harms your case.

Hire an Attorney Immediately

That’s why you need an attorney right away. You should only speak to the police or investigators when your attorney is present. Your attorney will be able to identify different lines of questioning, see what type of information or evidence the police are looking for, and help you avoid implicating yourself. The police may tell you that asking for an attorney makes you look guilty or that you’re only hurting your own case by asking for legal counsel. Again, ignore this. Remember, they are not on your side. You need a legal advocate who is entirely on your side.

Consider Your Family Law Needs, As Well As Your Criminal Law Needs

In the case of domestic assault and battery, your criminal issues can often get tangled up in your family law troubles. That is to say, if you are charged with domestic violence, you risk losing access to your children, your home, and your assets. You need to fight for your right to parent your children and prevent them from being used against you in your case. Discuss your concerns with your attorney and let them know if you have had any issues with your partner withholding the children previously. They can help fight for your rights as a parent or recommend a family law attorney to you.

Know the Evidence Against You

Throughout the process of your case, you should know exactly what’s happening and what the evidence is against you. Your attorney should discuss the evidence with you, tell you how reliable the court is likely to perceive it to be, and how it may affect the outcome of your case.

It can be hard to look at or hear evidence that paints you in a negative light, especially if you pride yourself on taking care of your family and loved ones. However, you need to put that aside and be ready to face the facts. Your future depends on it.

Understand Your Options and Their Implications

As your case progresses, you’ll have different options at every step. Pleading guilty or not guilty, taking a plea deal or going to court, and accepting a last minute plea deal are all options you may have to weigh and evaluate. Your attorney will provide the best advice they can, but ultimately the choice is yours. Don’t be afraid to ask questions. You might ask if your career will be affected if you choose one route over the other, if one option will negatively impact your custody case, or if you’ll need to give up firearms with any options. The choices you make right now will affect you the rest of your life, so make sure your attorney knows what matters to you and what outcomes you’re hoping for.

Contact Drias Law Group Today to Discuss Your Criminal Case

Having the right attorney on your side can make a huge difference in your criminal case. Everyone makes mistakes, but it’s important to keep those mistakes from derailing the rest of your life. At Drias Law Group, you get access to a team that fights aggressively to protect clients’ rights and get the best outcome possible. The sooner you contact us, the sooner we can start fighting for you. Call us at (313) 944-0236 or contact us online to set up a consultation.

The post What to Do If You’re Arrested for Domestic Assault and Battery appeared first on Drias Law Group, PLLC.

Attorney Davis worked alongside his immigration attorney to figure out the best way to approach the client’s case. As a result of negotiations and a strategic defense, the case was completely dismissed. As such, the client was not required to complete probation or deal with any other consequences.

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.

The post Domestic Assault Case Dismissed appeared first on Drias Law Group, PLLC.

If you are facing domestic violence charges and are concerned about your Second Amendment rights being violated during the legal process, contact a Detroit firearms lawyer at Drias Law Group right away. Contact us today at (313) 944-0236.

How Does Michigan Law Restrict Gun Rights for Domestic Violence Perpetrators?

Under Michigan law, you can lose your right to own firearms if you get convicted of domestic violence, or if a domestic violence protective order has been issued against you. If someone complains that you have assaulted them, they can ask a judge to issue a restraining order. After a hearing, the judge may issue an order that prohibits certain conduct.

The judge issuing the protective order against you may include a provision prohibiting you from purchasing or possessing guns or ammunition. These restrictions apply only if the order was issued after a hearing, and you were given notice of the order’s provisions. The judge may even require you to surrender your guns, dangerous weapons, and ammunition to law enforcement. This domestic violence protective order will disqualify you from obtaining a handgun purchase license permit.

If you are convicted of domestic assault or aggravated domestic assault, Michigan law prohibits you from obtaining a concealed pistol license for eight years after your conviction. If you are convicted of a misdemeanor domestic violence crime, you are still free to purchase firearms and ammunition under Michigan law. But remember that any felony conviction will result in the revocation of your gun ownership rights for a period of time after you have served your sentence and paid your fines.

Federal Law Limits the Second Amendment Rights of Domestic Violence Offenders

Under federal law, you are prohibited from purchasing or possessing firearms a domestic violence protective order issued against you. This restriction applies regardless of whether the judge explicitly orders you to refrain from purchasing or possessing guns. However, your gun rights can be limited only if you had the opportunity to challenge the accusations at a hearing.

If you are convicted of a misdemeanor domestic violence crime against an intimate partner or child, federal law prohibits you from possessing, purchasing, or transporting firearms. The only way to get around this federal law is to have your conviction expunged or pardoned.

Contact Drias Law Group Today

If you have been convicted of a domestic violence offense or are the subject of a restraining order, you should contact a Michigan criminal defense lawyer to make sure that you understand the extent to which your gun rights have been limited. Although you may be able to own firearms according to Michigan law, federal law enforcement officers may still charge you for being in violation of a federal statute.

Violating federal or Michigan gun laws for domestic violence offenders will result in harsh fines and possible prison time. At Drias Law Group, we have the necessary experience to help you stay on the right side of the law, and we will vigorously defend you should you become subject to criminal charges. Contact us today at (313) 944-0236 to schedule a free case consultation.

The post Will I Lose My Gun Rights for Domestic Violence? appeared first on Drias Law Group, PLLC.

The Detroit domestic violence lawyers at Drias Law Group understand what is at stake if you are currently facing a domestic violence charge. It’s our goal to help you minimize the potential consequences you are facing by fighting vigorously on your behalf to defend your rights within the criminal justice system.

If you need legal help, call us today at (313) 944-0236, or send us a message online to request a free case consultation.

Definition of Domestic Violence

Under Michigan law, the crime of domestic violence encompasses a broad range of actions, and includes the following:

• Placing a member of your family or household in fear of mental or physical harm
• Causing attempting to cause mental or physical harm to a member of your family or household
• Taking any action toward a family or household member that would cause them to feel intimidated, frightened, or threatened
• Using the threat of force or using actual force to make a family or household member to participate in sexual activity

Potential Loss of Employment Consequence

If you are convicted of a domestic violence crime, you need to realize that you may lose many of the privileges that you now take for granted. The answer to the question “can I be fired if I’m convicted of domestic violence” will be answered with an affirmative “yes.” You may face dismissal from your current position and find it difficult to find and obtain other employment with similar pay or status.

A Matter of Public Record

The main reason your current and future employment prospects may be threatened in the wake of a domestic violence charge and conviction is that these cases stand as a matter of public record.

Loss of Public Employment

In the aftermath of a domestic violence conviction, you may suffer the loss of any public service job you currently hold. This may include positions in the field of nursing, teaching, public office, firefighting, or law enforcement.

Loss of General Employment

If you face a domestic violence charge and/or are convicted of a domestic violence crime, there is a serious possibility you could lose your job. This is especially true if your position requires the handling or transportation of ammunition, weapons, or explosives. Additionally, you may lose your job if it involves handling hazardous materials – especially positions in the construction, mining, and truck driving industries.

Loss of Professional Licenses

Another consequence of a domestic violence conviction that can result in the loss of your current job is the required forfeiture of any professional licenses you hold. This can translate into losing a teaching position, a job in the medical/health field, or even a career in finance.

Additionally, your conviction may prevent you from obtaining any of these licenses in the future which can prevent you from gaining future employment in these fields.

Contact an Experienced Michigan Domestic Violence Attorney

Unfortunately, if you’re asking, “can I be fired if I’m convicted of domestic violence,” the answer is “yes.” If you’re facing a domestic violence charge, don’t hesitate to obtain the experienced legal counsel you need to defend your rights and minimize the negative consequences. Our team of domestic violence attorneys at Davis Law Firm is highly capable of providing you with the strong legal defense you need.

Contact us today at (313) 944-0236, or contact us online to set up a free case evaluation.

The post Can I Be Fired If I’m Convicted of Domestic Violence? appeared first on Drias Law Group, PLLC.

If you are currently facing a charge of domestic violence in Michigan, it is vital that you obtain the legal representation you need to ensure your rights are protected. At Drias Law Group, we’re here to help ensure you receive strong and intelligent legal advocacy to achieve the best possible outcome in your case.

For a free consultation, call our Detroit domestic violence lawyers today at (313) 944-0236, or contact us online for a free and confidential case consultation.

Process of Obtaining a PPO

The party seeking to obtain a PPO is referred to as the petitioner. The individual against whom the petitioner is seeking a PPO is referred to as the respondent. Under Michigan law, you may seek three different kinds of PPOs as a petitioner. The type of PPO you seek will be based on the behavior of the respondent and the relationship you two have.

Below are the three types of PPOs in Michigan:

1. Domestic Relationship PPO- This PPO is available to the petitioner only if the two parties have been or are married, have dated, have a child together, or have lived together.
2. Stalking PPO- No particular relationship is required between petitioners and respondents in order to obtain this type of PPO. The only requirement is for the respondent to have exhibited two instances of stalking behavior toward the petitioner.
3. Sexual Assault PPO- This type of PPO does not require a petitioner to have a specific relationship with the respondent. It only requires the respondent to have been convicted of the crime of sexual assault against the petitioner, or to have threatened them with sexual assault.

You are free to request a PPO against the respondent if the circumstances match any of the above three categories.

Ex Parte PPO

Petitioners may first ask a judge to enter a Personal Protection Order without the knowledge of the respondent. This is referred to as an “ex parte PPO.” This is certainly true in cases in which the judge determines a danger exists in providing notice to the respondent that such a petition has been filed. In these cases, the judge will sign the ex parte PPO, and it becomes effective immediately.

The PPO itself will outline the types of behaviors strictly prohibited by the respondent. These restricted behaviors may include such things as a prohibition against showing up at the petitioner’s workplace, threatening the petitioner, or setting foot on the petitioner’s property.

It is possible that the judge in your case may need to obtain additional facts before making a decision on whether a PPO is appropriate. If this is the case, the judge will bring the matter to a hearing in which both parties offer evidence to support their side.

The judge will determine if the requirements for issuing a particular type of PPO have been satisfied or not. If the judge determines that the requirements have been met, they will sign the Personal Protection Order that indicates the actions prohibited by the respondent. The respondent will be required to adhere to the PPO. If they do not, they could face serious legal consequences.

Contact a Skilled Michigan Domestic Violence Lawyer

If you’ve been accused of domestic violence, it is important to retain the services of an experienced criminal defense attorney as soon as possible. A highly skilled domestic violence attorney from Drias Law Group can formulate a defense on your behalf designed to minimize, or if possible, eliminate the charges and/or consequences you are facing.

Contact us today at (313) 944-0236, or contact us online to set up a free case evaluation.

The post How Can I Get a PPO in Michigan? appeared first on Drias Law Group, PLLC.

Recently, an 18-year-old student was going through a rough time and wound up in a heated argument with his father. When the police arrived, it was alleged that they young man threw a phone in his father’s direction and a piece wound up hitting him. As a result, the son was charged with domestic violence and needed help from a capable Detroit criminal defense lawyer, eventually coming to the offices of Drias Law Group.

Attorney Martin Drias reviewed the available evidence and quickly moved to handle his client’s difficult situation. During the court proceedings, attorney Davis argued that his client did not actually have an intent to harm his father and this was essentially an unfortunate accident. By showing that the incident did not rise to the level of domestic violence, attorney Davis negotiated a plea agreement to the much less serious violation for disorderly conduct, which can be removed from his record after his client completes a term of probation.

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.

The post 18 -Year-Old Sees Domestic Violence Charge Reduced appeared first on Drias Law Group, PLLC.

Attorney Davis took the man’s case and passionately fought on his behalf. After discussing the case with the prosecution and defending his client, attorney Davis obtained a complete dismissal of the charges against him. This allowed his client to quickly move on with his life with no significant harm done.

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.

The post Detroit Man Sees Dismissal After Being Charged with Domestic Violence appeared first on Drias Law Group, PLLC.

Once retained, attorney Martin Drias quickly moved to handle his client’s concerns. By using his considerable experience in domestic violence situations, attorney Davis thoroughly explained the process to his client and appeared with him to refute the allegations. During one of his client’s subsequent court dates, attorney Davis successfully facilitated a complete dismissal of the charges, and this father was free to return home to his child without a glaring conviction for domestic violence attached to his 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.

The post Port Huron Domestic Violence Case Dismissed appeared first on Drias Law Group, PLLC.

If you are facing a similar situation, contact an experienced Michigan defense lawyer with Drias Law Group at (313) 944-0236.

What is Battered Person Syndrome?

Battered Person Syndrome is a psychological condition that can occur after a person has suffered significant mental and/or physical abuse for a period of time. It is more commonly referred to as Battered Woman Syndrome or Battered Spouse Syndrome because women are statistically more often abused by a romantic partner. However, it is readily recognized that abuse occurs across both genders. Women can suffer abuse at the hands of other women and men can be victims of domestic violence from either male or female partners.

This syndrome was first discussed by Dr. Lenore Walker in 1979. In her book titled “The Battered Woman,” Dr. Walker describes common characteristics and a pattern of behavior found in individuals who have been physically and psychologically abused. The cycle identified in Battered Person Syndrome includes:

• Step 1: There is an increase of tension between the batterer and victim. The batterer perceives being wronged or disrespected by his or her partner. Dr. Walker stated this initial stage was characterized by minor abuse.
• Step 2: In this stage, Dr. Walker found the batterer escalated to unhindered and brutal violence. This is the batterer relieving his or her anger toward the victim in an emotionally, physically, or sexually violent way. This violence is coupled with the batterer making it clear that his or her actions are the victim’s fault.
• Step 3: In the third stage, the batterer is calm, loving, remorseful and asks for forgiveness. While promising to not become violent again, the batterer reinforces the premise that the victim was at fault for the violence.

While this is considered the classic pattern of Battered Woman Syndrome, professional views regarding this condition have evolved. Battered Person Syndrome has now been established as a sub-category of Post-Traumatic Stress Disorder in the Diagnostic and Statistical Manual of Mental Disorders used by psychologists. In relation to using this syndrome as part of a legal defense, its inclusion in the DSM lends credibility that can enable a jury to better understand an expert witness’s testimony. Additionally, because many jurors will be aware of PTSD, it can make the syndrome more real and relevant when it is a wholly new concept.

Can Battered Person Syndrome Be Used as a Defense?

Battered Person Syndrome can be used in a person’s legal defense in Michigan. However, it cannot be used as its own special defense and there are limitations as to when expert testimony regarding the syndrome is relevant.

Michigan courts began to recognize the relevance and validity of Battered Woman Syndrome in the early 1990s and have reaffirmed evidence regarding the condition can be used as part of a defense strategy as recently as 2007. Individuals cannot use Battered Person Syndrome as their sole defense, but they can use it as part of a claim of self-defense. Defendants can elicit expert testimony to describe the common characteristics and pattern of this condition. The expert testimony can also be used to help the jurors understand why a defendant acted the way he or she did and why those actions may seem out of the ordinary.

A Michigan Court of Appeals recently retouched on the fact that Battered Person Syndrome is not always an option for a defendant and can only be used in regard to self-defense. For instance, Donald Glenn Lasley was arrested in May 2013 for shooting his daughter and was convicted of a firearm offense and murder. On appeal, Lasley claimed he was denied a fair trial because he could not use the Battered Person Syndrome defense and that the shooting came after years of verbal abuse by his child. The Michigan Court of Appeals found Lasley never raised a self-defense claim at trial, where the Battered Person Syndrome would be relevant, and that there was no connection between this condition and the shooting that Lasley claimed was accidental.

Michigan Criminal Lawyer Martin Drias Can Help

If you are facing criminal charges and you believe you suffer from Battered Person Syndrome, you should immediately contact Drias Law Group. Attorney Martin Drias understands how difficult it is to be charged with a crime after defending yourself against an abuser. He will help analyze your particular situation and if applicable, utilize Battered Person Syndrome as part of your self-defense strategy to protect your freedom. We will aggressively fight for your rights and won’t let a strong defense go unused.

Call Drias Law Group at (313) 944-0236 or contact us online to schedule a free initial consultation.

The post Is Battered Person Syndrome a Valid Defense appeared first on Drias Law Group, PLLC.