Expunging, sometimes referred to as sealing, is the process of setting aside your criminal record. For the most part, you will not have to report a conviction to potential employers if it’s been expunged. It will be hidden from most background checks, and from public view; only the courts and several specific agencies can view an expunged conviction. It is important to understand that not everyone can have their felony set aside. You can only expunge a felony from your record if you meet certain criteria.

For advice or help with expunging your felony, it will be important that you consult a Detroit expungement lawyer who understands the process. Contact Drias Law Group at (313) 944-0236 for a free consultation to see if you’re eligible to have your record expunged.

Am I Eligible to Have My Felony Expunged?y

To have your felony expunged, you must petition to have the conviction set aside. To be eligible to fill out this petition, there are several standards that you have to meet.

For example, according to Michigan law, you are not eligible to have your felony expunged if:

• You were convicted of a felony, or attempted felony, for which the maximum punishment is imprisonment for life.
• You were convicted or adjudicated of a traffic offense.
• You were convicted or adjudicated of a non-traffic offense reportable to the Michigan Secretary of State.
• You were convicted of a human trafficking offense.
• You were convicted of felony criminal sexual misconduct or assault with intent to commit criminal sexual misconduct.
• You are under the age of 24 years old (if you’re applying to set aside a juvenile case).

Your Previous Convictions Affect Your Eligibility for Expungement

You may petition to have your felony expunged provided that:

• You have been convicted of only one felony.
• You have been convicted of two or less misdemeanors.

Convictions that were deferred and dismissed are considered misdemeanor convictions for expungement eligibility. You may apply to have your record set aside no less than five years after your conviction. If you were imprisoned or put on parole, you must wait at least five years after your release.

Exceptions to the Expungement Requirements

If you have been convicted of prostitution, you may be exempted from several of the expungement requirements. If your prostitution conviction was as a result of you being the victim of human trafficking, you may be able to have more than one of those convictions set aside. Furthermore, you do not have to wait five years from your conviction; you may apply to have those offenses set aside at any time.

Contact a Skilled Attorney to Determine Your Expungement Eligibility

Talking to an expungement lawyer is the most direct way to finding out if you can get your felony expunged. For help setting aside your Michigan criminal record, contact Drias Law Group today.

Our attorneys have guidance to offer at every step of the expungement process, from eligibility to filing your application. Removing a conviction from your record can immensely ease your future stress. Call us at (313) 944-0236 to discuss whether you can expunge your Michigan felony during a free and confidential case assessment.

The post Can I Expunge a Felony in Michigan? appeared first on Drias Law Group, PLLC.

In Michigan, battery is the actual infliction of force or violence against another individual. Although these crimes may be charged as a misdemeanor, some may also incur a felony assault and battery charge.

At Drias Law Group, we have the resources and experience to defend you in a comprehensive manner against the assault and battery charge you are facing. Attorney Martin Drias understands how the prosecution works in these cases, and he can formulate a strong and intelligent defense on your behalf.

Call Drias Law Group today at (313) 944-0236 to set up a free case evaluation.

Assault and Battery

The law in Michigan recognizes battery as the culmination of a threat, violent process, or any attempt to injure another person which ends in physical contact. As such, together these crimes are categorized together as ͞assault and battery.

The penalties imposed for assault and battery vary based on particular factors, including the victims involved the involvement of a weapon or object, and the type of injury incurred.

Misdemeanor Assault & Battery

When assault or battery is committed without the use of a dangerous weapon, it is commonly charged as a misdemeanor, except in cases involving domestic violence and other specific victims, including police officers and emergency medical personnel. Other than those exceptions, assault and battery that produces serious injury to another individual is defined as aggravated assault and battery and although punishable with longer jail time, it is still considered a misdemeanor.

Misdemeanor assault and battery charges include:

• Simple assault and battery
• Domestic violence assault and battery
• Aggravated domestic violence assault and battery
• Assault and battery crimes committed against specific victims (public utility workers, pregnant women, and family agency employees)
• Causing harm to an embryo or fetus

Felony Assault & Battery

Assault becomes a felony crime in Michigan when it is committed with the intention of causing great bodily harm or murder, or when it is committed with the intent of committing another felony.

Additionally, assault and battery becomes a felony when it is perpetrated against certain categories of victims, including a police officer, human services agency employee, or a pregnant woman. As well, assault or battery is categorized as a felony when it is carried out with a dangerous weapon.

Domestic Violence Assault and Battery

A defendant having two or more previous convictions for domestic assault or assault and battery will be charged with a felony for the new offense and face the following possible penalties:

• Up to two years in prison
• Maximum $5,000 fine
• Five years of probation
• Restitution

Aggravated Domestic Assault and Battery

A defendant having at least one previous conviction for domestic assault and battery of any kind will be charged with a felony for the new offense and face the following possible penalties:

• Maximum of two years in prison,
• Maximum $5,000 fine
• Five-year probation
• Restitution

Additional Felony Conviction Consequences

A conviction on felony assault & battery can affect various aspects of your life in significant ways. In addition to the criminal penalties you face, you may lose your right to carry a firearm, vote, serve as a juror, and hold public office. You also risk losing any professional licenses you have.

If you have previous felony convictions on your record, a future conviction may subject you to a more serious charge and/or harsher penalties in your new case. As well, if you have a felony conviction, your prospects of finding a new job or receiving approval to rent an apartment or house may be difficult.

Contact an Experienced Michigan Assault and Battery Attorney

Misdemeanor and felony assault and battery charges can have a profound negative effect on many aspects of your life, including possible prison time and required payment of hefty fines. In order to mitigate or eliminate these consequences, you must have skilled and experienced legal help on your side.

That’s where Drias Law Group comes into play. Attorney Martin Drias is experienced as both a prosecutor and defense attorney. He can defend your rights vigorously, using the most effective strategies to fight for an outcome that minimizes the penalties you are facing.

Contact Drias Law Group today at (313) 944-0236 to schedule a free no-risk consultation.

The post Is an Assault & Battery a Felony in Michigan? appeared first on Drias Law Group, PLLC.

If you have been accused of a crime in the city of Detroit, our Detroit criminal defense lawyers at Davis Law Firm understand what is at stake for you. We know how to aggressively defend your rights and fight hard on your behalf for the best possible outcome in your case. Don’t wait to get the legal advocate you need.

Call us today at (313) 944-0236 to set up a free consultation.

Homicide Rate Rises Again

In 2014 and 2015, the homicide rate in Detroit actually declined. However, 2016 brought another increase in that rate with 302 murders (unjustifiable homicides) occurring in the city with a 677,116 population. In the previous year of 2015, Detroit ranking only behind St. Louis, MO, held the second highest rate for violent crime in the United States, according to data provided by the FBI. This equated to 880 violent crimes per 100,000 residents.

Crimes other than murder, such as robbery, carjacking, and nonfatal shootings dropped according to data from the Detroit Police Department. There are, in fact, some neighborhoods in the downtown area experiencing a recovery; however, others are still burdened with violence and poverty.

Regarding the 2016 statistics, with 302 homicides occurring that year, the equivalent rate equates to 44.6 homicides per 100,000 residents. This figure makes Detroit a city with one of the highest murder rates in the U.S. However, it is not as high as it once was some 30 years ago. In 1987, the rate was 63 homicides per 100,000 residents.

The 2016 homicide total of 302 exceeds 2015’s total of 295 and 2014’s total of 299, a 2.3 percent and 1 percent increase respectively over the previous two years. Going back one more year to 2013, Detroit’s homicide total was 332. Therefore, the overall homicide total was down by about 10 percent from 2013, but has experienced an uptick from the previous two years. Therefore, it’s hard to determine if the recent progress in homicide total reductions has stalled out temporarily or if a worse trend in the wrong direction has just begun.

One order of business the Detroit Police Department desires to engage in is to work with the Michigan Department of Corrections in assisting individuals who leave the prison system to make better and sounder choices once they’re on the outside. If such can be done, Detroit Police Chief James Craig believes they can shrink the number of homicides occurring in the city.

Other Crimes – Positive and Negative Progress

The occurrence of other serious crimes also increased in the city of Detroit between 2015 and 2016. Rapes rose from 537 to 564 between the two years, an increase of 4.8 percent. As well, vehicle thefts increased from 8,035 to 8,534 between the two years, an increase of 5.8 percent.

However, the occurrence of car jackings fell quite significantly from 532 in 2015 to 382 in 2016, a drop of 39 percent. The figure is even significantly lower than the 2013 statistic which reveals 782 car jackings occurred that year.

Nonfatal shootings, which police chief Craig describes as ‘unsuccessful homicide’, dropped to 982 occurrences in 2016 from 1,035 occurrences in 2015. This represents an 8 percent reduction from the previous year.

Although the city of Detroit has been known, and is known as, the “Motor City,” it received a notorious nickname by some in 1974 as the “Murder City” when 714 homicides occurred in the city that year. Putting things in perspective, the 295 unjustifiable homicides occurring in 2015 is a significant improvement from that time in the past, and is actually the lowest number recorded in the city since 1967, when 291 individuals lost their lives to homicide.

Contact an Experienced Detroit Criminal Defense Lawyer

At Drias Law Group, we understand that every criminal case is different and requires a specific and targeted defense to achieve the best possible outcome for our clients. You can count on a skilled and experienced Detroit criminal defense attorney from our team to build a defense on your behalf and stand strong as your aggressive advocate.

Get the legal help you need today. Call us at (313) 944-0236 to set up a free case evaluation.

The post Reasons Detroit is Ranked One of Most Dangerous Cities in U.S. appeared first on Drias Law Group, PLLC.

Switching the Flint water supply from the City of Detroit’s system to the Flint River caused an outbreak of the legionella bacterium, which infected over 100 people and likely caused 12 deaths. While the lead poisoning will certainly have a detrimental effect on the development of many Flint children, no deaths have been linked to lead contamination thus far.

Which Michigan Officials Are Being Charged?

A total of seventeen people are facing criminal charges, including:

• Nick Lyon – Head of the state health department, charged with manslaughter for his failure to warn the public.
• Eden Wells – Chief medical officer of the state health department, who allegedly threatened to revoke funding from researchers who were studying the legionella outbreak. He is facing charges of official misconduct, obstruction of justice, and lying to a police officer.
• Stephen Busch – A regional supervisor with the Michigan department of environment, charged with manslaughter over his failure to warn.
• Liane Shekter-Smith – State head of drinking water, also charged with manslaughter.
• Howard Croft – The former director of Flint Public Works is facing manslaughter charges.
• Darnell Earley – The state-appointed emergency manager who ordered that Flint’s water be switched from Detroit’s lines to the Flint River has been charged with manslaughter.

Todd Flood, a prosecutor with the office of the Michigan Attorney General, lead the investigation into the Flint water crisis. He stated: “This is a case where there’s been a willful disregard of just using ordinary due diligence,” adding that Lyon and other officials “took no action to alert the public” after learning of the legionella outbreak and its likely origin in the Flint water supply.

Among allegations that Governor Rick Snyder’s cabinet suppressed information about the Flint crisis, there is also a possibility that the governor and his aides could face charges. Attorney General Schuette’s investigators tried – and failed – to interview the governor. But to date, there is no indication that formal charges will be brought against the governor and his team.

What Situations May Warrant a Charge of Involuntary Manslaughter?

According to Michigan Penal Code section 750.321, manslaughter–known as criminally negligent homicide–occurs when a death results from a person’s recklessness, criminal negligence, or the commission of misdemeanor or low-level felony. The question is, did Michigan state officials act with criminal negligence?

The charges allege that state-appointed officials who oversaw the transition of Flint’s water supply knew about the outbreak of legionella for months, but failed to warn the public. The case will hinge on whether the officials failed to act with a reasonable duty of care–that is to say, in the way a reasonable person would have under the same circumstances.

Here, it seems that a reasonable official charged with the safety and health of the public would issue a warning upon learning of the presence of lethal contaminants within the water supply. Thus, the case of criminal negligence against these Michigan state officials is strong on its face.

If convicted, these government officials face up to 15 years in state prison, up to $7,500 in fines, and the obligation of compensating the families of the deceased for their loss. Upon release from prison, the offenders will need to cope with the lifelong burden of being felons, which entails severe restrictions on their liberty.

At Drias Law Group, we are committed to the cause of social justice and the duty to defend the accused as they confront the criminal justice system. With a proven track record of obtaining good case results in the face of difficult odds, we are ready to assist you if you are facing charges. If you need a skilled Detroit criminal defense lawyer by your side, call us today at (313) 944-0236 for a free and confidential consultation about your case.

The post Official Charged with Manslaughter in Flint Water Crisis appeared first on Drias Law Group, PLLC.

If you have been charged with a weapons crime, contact Drias Law Group today at (313) 944-0236 to find out how we can help you.

Felony Weapon Possession

According to Michigan Penal Code section 750.227b, it’s a felony to possess a firearm while committing or attempting to commit any felony – with some exceptions. You may not face felony weapons charges if the underlying offense is:

• Illegally selling firearms or ammunition (section 750.223)
• Carrying a concealed weapon (750.227)
• Unlawful possession of pistol (750.227a)
• Altering or removing a firearm’s serial number (750.730)

If you get charged with committing any other felony while you allegedly had a weapon in your possession, you may receive the following penalties (with no possibility of parole, probation, or a sentence suspension) in addition to the sentence that you would face for the underlying offense:

• First offense – Up to two years in prison
• Second offense – Up to five years in prison
• Third offense – Up to 10 years in prison

The weapon doesn’t actually have to be in your hand or in your pocket for a felony weapons offense to apply. Under the doctrine of “constructive possession,” a court of law will assume that you possessed the weapon if it was under your control, such as in your bag, your vehicle’s glove box, or any other place where you could access it immediately.

How Can a Detroit Weapon Possession Lawyer Help?

If you get charged with felony assault after allegedly threatening someone with a weapon, you will also face felony weapon possession charges under 750.227b. This means facing two serious felony charges at the same time. If you get convicted, your life will never be the same. Fortunately, a skilled Detroit firearms defense attorney can help you deal with felony charges.

Depending on the facts specific to your case, your lawyer may be able to have the charges dismissed if they are sustained by illegal evidence – such as the results of a warrantless search or an unlawful traffic stop. It may also be possible to refute the prosecutor’s case at trial. Finally, in some cases it may be beneficial to work with the prosecutor to negotiate a beneficial plea agreement under which you might receive the guarantee of a lenient sentence or a conviction for a lesser offense.

Whatever you do, it not advisable to plead guilty to your charges before talking with a lawyer. There may be one or even several defense strategies available to you. To find out what options might be open to you, call Drias Law Group today at (313) 944-0236 for a free and confidential consultation of your case.

The post Possession of Firearms Increase Penalties of Felony Charges appeared first on Drias Law Group, PLLC.

A Federal Class Action Suit Against Michigan State Police

In June, attorneys Michael Komorn and Tim Daniels filed a lawsuit against the Michigan State Police in the U.S. District Court for the Eastern District of Michigan, Detroit Division. This federal class action lawsuit is directed toward the MSP crime labs and their marijuana reporting policy. The attorneys on behalf of their clients state that the lab’s policy violates due process and Fourth Amendment rights to be free from unreasonable searches and seizures.

The attorneys allege that Michigan has a policy of intentionally misreporting that marijuana and its related products seized during a crime contain synthetic Tetrahydrocannabinol (THC), which is the chemical that produces the drug’s physical and mental effects on the user. The policy treats plant-based oils and edibles as synthetic THC when the origin is unknown, even though they may be naturally derived from a marijuana plant and not created in a lab.

Synthetic vs. Natural THC

The difference between synthetic and natural THC matters because it is the difference between legal possession of medical marijuana and a felony crime. Some individuals believe that the state is targeting medical marijuana users despite these individuals legally obtaining and possessing marijuana oils or edibles.

In Michigan, medical marijuana patents are allowed to have cannabis, plant-based oils, and edibles within their prescriptions. Individuals without a prescription face a misdemeanor if they possess marijuana, the naturally derivative oils, or edibles.

Anyone who possesses synthetic THC in any form can be charged with a felony. However, when there is no plant material present, the MSP crime lab cannot tell if the THC is natural or synthetic. That means someone who legally has a medically necessary edible or oil could be charged with a felony if the MSP crime lab reports the substance as containing synthetic THC. It also means a person who should rightfully be facing a misdemeanor crime faces much harsher penalties and consequences with an inappropriate felony charge.

Call a Michigan Criminal Defense Attorney For Help

If you believe you have been charged or convicted of a marijuana-related crime, call Drias Law Group at (313) 944-0236 right away. A skilled criminal defense attorney will thoroughly review your case and tenaciously fight for your rights.

The post Claims Against Michigan Police Crime Labs Over Inaccurate Marijuana Reports appeared first on Drias Law Group, PLLC.

After consulting with his client, it was apparent that the woman had substantial medical problems and her attempts to manage chronic pain led to her serious drug dependency. Attorney Martin Drias discussed all of this with his client and advised her to be proactive with handling her addiction. Under his supervision, the woman remained sober, began counseling, and started attending Narcotics Anonymous to convey her commitment to treatment. Attorney Davis used her commendable efforts to fervently advocate for his client and successfully convinced the prosecutor to dismiss the serious habitual drug offender charges. In the end, and due in large part to the woman’s sensible decision to seek legal intervention from attorney Davis, she only needed to pay approximately $750 in fines and was spared from any jail time or even probation. This allowed her to continue the treatment that she desperately needed, an outstanding result considering the original circumstances.

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 Woman Charged As Habitual Drug Offender Avoids Jail appeared first on Drias Law Group, PLLC.

Attorney Davis knew that his client’s options were limited based on his criminal record, but nevertheless began working to prevent his client’s incarceration. Davis began negotiations with the assigned prosecutor, who was initially adamant about the man serving time. As a result, attorney Davis wrote a sentence recommendation letter, highlighting the man’s need to care for his spouse, who was diagnosed with stage four cancer. After considering these extenuating circumstances, the prosecutor relented and approved of an opportunity for the man to serve a 12-month probation period in place of prison. This result allowed his client to remain by his wife’s side, which was always his primary goal.

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 With Prior Felony Convictions Avoids Prison To Care For His Wife appeared first on Drias Law Group, PLLC.

Attorney Davis took the case and wrote a letter on his client’s behalf, in an effort to see the felony heroin charges against him reduced. After the prosecutor’s office reviewed Davis’ letter, they negotiated to have the felony amended to a misdemeanor offense of using a controlled substance. This lesser violation allowed attorney Davis to keep the proceedings in Oakland County District Court, where he secured his client a term of probation for the misdemeanor. The client was very pleased to move on from this incident to deal with his addiction and care for his child without the added weight of a felony drug conviction.

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 Felony Heroin Possession Reduced For a Young Father in Novi appeared first on Drias Law Group, PLLC.

With his client’s livelihood on the line, attorney Davis negotiated tirelessly with the prosecutor, who originally offered to dismiss the assault charge provided that his client pleads guilty to the felony charges and accept a term of probation. Because this offer would still result in a felony conviction and the likely termination of her employment, attorney Davis kept advocating for his client. Ultimately, he succeeded in convincing the prosecution to dismiss the assault charge altogether, allow his client to serve probation, and most importantly reduce the felony charge to a misdemeanor offense; thereby saving the woman’s thriving career so she could continue providing for her family.

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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