If you or a loved one have been caught up in the turmoil and arrested or need legal help after a Detroit area protest, contact Detroit defense attorney Martin Drias. No one should live with a conviction for speaking up against the overly harsh treatment people of color experience every day.

Let us explain your situation, fight the charges, and help you deal with things the right way, Call Drias Law Group 24/7 for a free consultation: (313) 944-0236.

The Situation in Detroit

On Monday, June 1, 2020, the Detroit Free Press reported that protests began on Friday at Detroit Public Safety headquarters, later devolving into conflicts between officers and demonstrators. On Saturday, hundreds more packed the streets and again erupted into violence. The night ended with the police firing tear gas and rubber bullets. By Sunday there was a largely ignored 8 pm curfew and after several warnings, the crowd was again dispersed by tear gas and arrests. As of today, over 244 people were arrested for various charges.

Protesting in Detroit? Know Your Rights

The First Amendment protects your right to assemble and speak your mind. But the police can and will restrict demonstrations to (in theory) protect other citizens and their property. Interfering with these police actions can be a cause for arrest.

Where Can I Protest?

Protesters are usually allowed to speak freely in most public spaces, like streets, sidewalks, and parks. You are also protected in plazas or in front of government buildings, as long as you are not obstructing access or interfering with what the property was designed for.

Do You Need a Permit?

You don’t typically need a permit to protest on Detroit city streets or on sidewalks, as long as you don’t block traffic. This goes for pedestrians and vehicles. If you don’t have a permit to do so, the police will ask you to move to the side of a street to let others pass.

Can I Protest on Private Property?

Private property owners can set their own rules. If a protest spills onto private property, you could very well be charged with trespassing. This makes it vital for protesters to s be mindful of their surroundings.

What About Taking Photos & Video?

When you are lawfully in a public space, you have the right to photograph anything in plain view. This includes federal buildings and the police. Officers should not interfere with recording interactions, but it does happen.

They may ask you to stop, but in these situations, it’s best to calmly assert your right to do so. However, if you are filming on private property or posing a risk to others, you can lawfully be asked to stop.

How Should I Speak to Police?

Despite having the right to free speech, what you say to the police matters. Be cautious not to step over the line.

You understandably want to express your anger and frustration, but anything you say can and will be held against you. If you make threats or incite violence this can lead to serious charges.

What if the Police Try to Disperse the Crowd?

Police may not break up a lawful gathering unless there is a clear and present danger of riot, disorder, or other immediate threat.

If officers issue an order to disperse, they must also provide a reasonable chance to do so. This means they must give you time and a clear way to leave the area. They cannot order you to leave, keep the street blocked and fire rubber bullets and tear gas. Officers must also explain that failure to disperse will result in arrest.

What if I’m Arrested at a Protest?

Stay calm & keep your hands visible. Don’t argue, resist, or obstruct even if you feel they are violating your rights.

When you are first stopped, ask if you are free to leave. If the officer says yes, calmly do so. If you are placed under arrest, you can ask why, but do not become combative. Simply follow their instructions and keep quiet because the best place to deal with charges is with help from a lawyer.

Remain silent and ask for an attorney the first chance you get. Don’t say anything or sign anything without a lawyer. Some organizations partner with groups like the ACLU, but you should consider a private attorney who will make your rights and release from custody their top priority.

Can the Police Search Me or Delete Footage?

You never have to consent to a search of yourself or your belongings. But if you do explicitly consent, it can seriously impact your case.

The police can “pat down” your clothing for their own safety and will search you if you are under an arrest. But they can not confiscate or demand to see your phone, pictures, or video without a warrant, nor may they delete anything.

Arrested at a Protest? Call Davis

Detroit will likely continue seeing protests, curfews, and increasingly hostile interactions between protestors and the police. While this should be a wakeup call for the legal system, you should not have to deal with a mark against your record for taking part in a lawful protest.

If you were arrested in a protest or plan to attend a demonstration in Detroit and want legal help, an experienced and highly skilled defense lawyer is available.

Call attorney Martin Drias with the Drias Law Group at (313) 944-0236 for a free consultation.

The post Detroit Protesters: Your Rights & Options if Arrested appeared first on Drias Law Group, PLLC.

Drias Law Group possesses the knowledge and skills to help you if you have been charged with a violent crime. Martin Drias understands the seriousness of this kind of charge and will do his best to protect your rights and your future. He is a Detroit violent crimes lawyer with years of experience, so call (313) 944-0236 for a confidential consultation.

Violent Crimes Facts and Figures

In 2017, the most recent data available as of 2020, the city saw 13,796 total violent crimes. This is up from just under 12,000 in 2015, but close to 2014 reports that were close to 14,000. This equates to approximately 2,057 violent crimes per 100,000 residents in Detroit.

Detroit’s violent crime rate is higher than any other city in Michigan and nearly quadruple the statewide rate of 450 incidents per 100,000 people. The city reported 267 murders, which is 47% of all murders in the State of Michigan.

Detroit’s numbers are also much higher than nationwide numbers, which reported around 383 incidents of violent crime per 100,000 residents.

Why Is There So Much Violent Crime in Detroit?

Crime is often more common in locations where the economy is not as prosperous, like Detroit. The city’s annual unemployment rate is 9%, which is much higher than Michigan’s 4.1% unemployment rate. The unemployment rate of the United States in 2020 is only 3.5%.

The poverty rate in Detroit is 37.9%, more than double that of Michigan’s 15.6%.

Increased Police Presence to Combat Violent Crimes

While The Detroit News recently reported that the city’s murder rate did slightly increase in 2016 over 2015 (302 v. 295), the rate of other violent crimes like robberies and car jackings decreased. Furthermore, Michigan Radio (a division of National Public Radio) points to FBI statistics that show that Detroit actually has more police officers for every 10,000 people than other similarly sized Midwestern cities. While they average 29 cops per 10,000 people, Detroit actually has 33 officers. This allows them greater visibility in neighborhoods even as it promotes their communication and collaboration with the people who live in them.

Contact Drias Law Group for Help

Facing violent crime charges is serious and your future depends on your legal defense. You need a skilled attorney who is ready, willing, and able to defend you so that you receive the best possible representation you can from start to finish. Drias Law Group possesses the knowledge, talent, and passion to represent you and to protect your rights.

Contact us at (313) 944-0236 to schedule a free consultation.

The post Violent Crime Statistics in Detroit appeared first on Drias Law Group, PLLC.

Accepting a plea deal before consulting with a criminal defense lawyer is generally a mistake. Only someone who has your best interests in mind and significant experience of the criminal justice system can make the right call in these cases. Do not believe what the prosecutor tells you, because their job is to get a conviction, and it’s always in their best interest to do so without going through a trial. If you’ve been charged with a crime, call the Drias Law Group today at (313) 944-0236 for a free consultation about your situation.

A Plea Bargain Is for Making the Best Out of a the Worst Case Scenario

We generally advise our clients to plead guilty only if they stand little chance of having their case dismissed during the pretrial hearings, or of obtaining an acquittal at trial. In other words, it’s a last resort when no other defense strategy will result in a good case outcome. And even then, we don’t blindly accept the prosecutor’s first offer. We negotiate fiercely on our client’s behalf to ensure that they are getting the best plea deal possible under the circumstances.

Accepting a plea deal is a last resort because the many consequences of a criminal conviction can affect your life in surprising ways. The prosecutor generally offers the guarantee of a lenient sentence, and in some cases, a conviction for a less serious offense, but criminal penalties are just one of many consequences of a criminal conviction. Sure, you could get off with a light sentence, but you will still need to contend with the collateral consequences of a criminal conviction, which can be just as devastating:

• Permanent criminal record–A criminal conviction often stays with you for life, presenting a significant barrier to getting a job and housing. Only a relatively small number of criminal offenses are eligible for sealing or expungement. Your lawyer can tell you if your conviction can possibly be removed from your record after you accept a plea deal.
• Loss of second amendment rights–If you plead guilty to a felony or a misdemeanor domestic violence offense, you will lose your right to own a firearm under federal law. Michigan law does offer a pathway to the restoration of your gun rights, but under federal law, you will never again be allowed to own or even handle a firearm.
• Civil liability–If you plead guilty to a crime, then you are admitting that you are responsible for the consequences of your actions. If your offense caused harm to other people, they can use your guilty plea as evidence of your civil liability towards them. For example, if you plead guilty to assault and battery, the person that you injured may sue you to get compensation for their medical expenses and pain and suffering. The victim may introduce your guilty plea at trial to establish your liability.
• Sex offender registration–A conviction for a Michigan sex offense could mean that you’ll have to register as a sex offender. For serious offenses, this is a lifelong requirement. Not only is it expensive and troublesome to regularly register with the authorities, your sex offender status will make finding a job, maintaining your relationships, and holding down a stable living situation extremely difficult.

Depending on the specific offense you have been charged with and your personal circumstances, accepting a plea deal could be your best option–or it could be the worst case scenario. Don’t expect the prosecutor to honestly tell you which situation you’re in, because they will always encourage you to accept a deal. The best thing you can do is call an experienced defense lawyer for advice.

Talk to a Detroit Criminal Defense Lawyer Before Pleading Guilty

After you’ve been arrested, you may feel scared and helpless. The police and the prosecutor know you are vulnerable and will attempt to persuade you to admit to the crime. Fortunately, the United States Constitution guarantees your right to remain silent and to ask for the assistance of a lawyer. Invoking these rights is the best thing you can do towards giving your case a positive resolution. Let us take care of the rest. Call Drias Law Group today at (313) 944-0236 for your free and confidential consultation.

The post What You Need to Know Before Accepting a Plea Bargain appeared first on Drias Law Group, PLLC.

Mail theft is a federal crime, but the United States Attorney’s office rarely prosecutes package theft, because it focuses primarily on bigger cases. So, the Michigan state government is tackling the problem. The new penalties will go into effect if the House of Representatives approves the legislation, and if the governor signs it into law.

If you or a loved one is facing criminal charges for larceny, a Detroit criminal defense lawyer can help. Call Drias Law Group today at (313) 944-0236 or use our online contact form for a free and confidential consultation.

Michigan Legislature Makes Bipartisan Effort to Increase Theft Penalties

It’s rare for both parties to agree on legislation – especially when it concerns an increase in criminal penalties. In this case, proponents of the penalty increase had to compromise to gain wider support for their policy. Initially, the legislation introduced by Republican State Senator Pete Lucido would have made a first offense of package theft a felony. But the version passed by the senate describes a first offense as a misdemeanor, which is a less serious category of crime.

If adopted, Senate Bills 23 and 24 would put in place the following penalties for mail theft:

• First offense – Misdemeanor punishable by up to one year and jail and/or a $500 fine
• Second offense – Felony involving up to five years in prison and/or $1,000 in fines
• Third offense – Felony punishable by up to 10 years in prison and along with possible fines of $2,000.

According to Senator Jim Runestead, another Republican sponsor of the bills, these increased penalties will “put some teeth” into the state’s mail theft laws, and give prosecutors better tools to deal with offenders.

Under current law, prosecutors can charge people with stealing mail if they use the credit cards or cash the checks that they steal. But when it comes to stealing packages, it can be difficult to prove that the victim’s incurred a financial loss, and thus to prosecute suspects. According to Wayne County state prosecutor Dennis Doherty: “We didn’t have a statute to prosecute them, and it’s almost hard to believe.”

A Detroit Criminal Defense Lawyer Can Help

If the new laws go into effect, suspects will benefit from two affirmative defenses. An affirmative defense is a legal strategy in which your legal defense team admits that you took the mail, but that you were justified in doing so. In this case, Senate Bills 23 and 24 give you the ability to avoid criminal liability if you can establish that you took or moved the mail with permission, or that you did so in order to prevent a crime. Additionally, your lawyer can fight against your mail charges by showing that there is a reasonable doubt as to whether you committed the offense.

At the Drias Law Group, we stand ready to defend your rights at every stage of the criminal justice process. We will explore every avenue for the defense of your case, and advocate forcefully on your behalf to obtain a good case outcome. Do not plead guilty to larceny charges before you have consulted with an experienced criminal defense lawyer. If you’ve been accused of theft, call us today at (313) 944-0236 or use our online contact form to reach out for a free consultation.

The post New Law May Increase Penalties for Stealing Packages in MI appeared first on Drias Law Group, PLLC.

Fortunately, with the help of the Drias Law Group, you may get a fresh start through having your criminal record expunged. An expungement in MI is a procedure in which your arrest record and criminal conviction are erased. Contact us today at (313) 944-0236 to schedule a free consultation of your case.

FAQ About Michigan Expungement

Commonly asked questions regarding the expungement process in MI include:

1. How do I qualify for expungement?

Many crimes are eligible to be erased from your record, but first, it must be determined if there are any factors that would prohibit your application. For example, if you have a felony conviction, expungement may be an option if five years have passed since the conviction, release from incarceration, or discharge from parole. In addition, to be eligible, you can only have one felony offense, and no more than two misdemeanor offenses.

If your crimes were misdemeanors, you might qualify for expungement of up to two convictions if more than five years have passed since the conviction, release from incarceration, or discharge from parole. You can’t have more than two misdemeanor convictions, and you will be ineligible if you have a felony offense.

Felonies that cannot be expunged include:

• Offenses punishable by life in prison
• Second-degree child abuse
• Criminal sexual conduct
• Human trafficking
• Terrorism

2. How long does it take for an expungement?

Besides the five-year waiting period, before you can file your application, it could take several months or more to compile your records, get your hearing date, attend your hearing, and receive the court’s decision. If a previous application was denied, you must wait another three years before attempting to have your convictions set aside. The sooner you start the process, the quicker you may get relief.

Qualifying Automatic Expungements

Effective in April, 2023, there will be an automated system to expunge felony and misdemeanor convictions without filing an application.

Only some convictions are eligible: the same felony convictions excluded above apply with the automated system.

Up to two felony convictions will be automatically expunged, effective 10 years after you were either convicted or released, depending on which is later.

Up to four misdemeanor convictions will be automatically expunged, seven years after sentencing.

3. Can I get an expungement on my own?

Sometimes there are instances where a non-lawyer can handle certain legal matters with some assistance from online forms. Criminal matters are serious business, and therefore should not be handled on your own.

Because Michigan expungement law is complex, consulting an experienced Michigan criminal defense lawyer is a good idea. Too much relies on getting your record erased, and a mistake might lead to a denial.

4. Why are expungement applications denied?

Michigan expungement applications are denied for a variety of reasons. For example, if you apply for an expungement for human trafficking, your request will be denied. Applications can also be denied based on failure to provide the necessary records, or not showing up to the expungement hearing.

Keep in mind, too, that having your conviction erased is not a right, but a privilege. Even if your crime is covered by the statute, you waited the appropriate length of time, and you provided all the documents, you can still be denied a Michigan expungement. Judges have the discretion to deny the application if the court thinks setting aside the conviction isn’t in the best interest of the public welfare, you’ve violated probation, or not paid your fines.

Contact a Michigan Criminal Defense Lawyer for Help

Employers, landlords, school admissions officers, and licensing officials are just a few of the groups that can require you to submit to a criminal background check. If you believe your convictions are keeping you from putting the past behind you, contact Drias Law Group for a free evaluation to determine if a Michigan expungement is available in your case.

To learn more, contact us today at (313) 944-0236.

The post Michigan Expungement FAQ appeared first on Drias Law Group, PLLC.

DUI defense attorney Martin Drias represents people who get charged with DUI in Detroit on a holiday. If you’re facing criminal charges, he will fight for you to get a fair result. Call Drias Law Group at (313) 944-0236, or contact us online to schedule a free consultation of your case.

Understand the Law

The BAC (blood alcohol content) limit for drunk driving in Michigan is .08 percent. Unlike most other states, however, there are two separate crimes that you can face charges for:

• OWI/DUI (driving under the influence) – You can be charged with this offense when you have a BAC of .08 percent or higher, or when you operate a vehicle while under the influence of alcohol or drugs – regardless of if you’re over the legal limit.
• OWVI (operating while visibly impaired) – You might find yourself facing OWVI charges when you’re behind the wheel of a car (or another vehicle) and visibly intoxicated. No BAC testing is required.

Don’t Drink and Drive

The best way to avoid a DUI in Detroit on a holiday is to avoid drinking and driving at all. We understand, however, that sometimes you didn’t plan to drive and need to get somewhere. If you find yourself needing to go somewhere and are worried about whether it is legal for you to drive, keep in mind that you have options:

• Ask someone who hasn’t been drinking to give you a ride
• Use public transportation
• Call a taxi, or use Uber or Lyft

Taxis and ridesharing services are typically out in full force on holidays because they know that people who have been drinking will need a ride home. Keep some cash on hand, or bring your credit card when heading out to a celebration.

Don’t Drink on an Empty Stomach

Alcohol is absorbed into your system at different rates depending on several factors. Drinking on an empty stomach is one of the quickest ways to increase your BAC. As a result, less alcohol can increase your BAC when you haven’t eaten in a while. Eating something before you drink, and while you are drinking can help keep your BAC within the legal limit.

Know When and Where Police Are Operating DUI Checkpoints

Sometimes you can find out where and when the police are operating DUI checkpoints. Knowing where they are so that you can avoid them can help you avoid a drunk driving charge. However, if you encounter a DUI checkpoint unexpectedly, familiarize yourself with what to do.

Leave the Party Early

As the night progresses, the police are likely to ramp up enforcement efforts and be increasingly vigilant for drivers who are under the influence. These efforts are likely to be at their peak as bars and other establishments close. By leaving a few hours early, you likely reduce your chances of getting pulled over.

Drive Carefully and Keep Your Car in Good Repair

To pull you over, a police officer needs probable cause. This is a legal basis to make a traffic stop. It could be for something minor – like failing to use your turn signal, speeding, or having a broken tail light.

Stay Calm

As noted above, you can be charged with OWVI even if you are under the legal limit. If you get pulled over, panicking will work against you. Shaking, being unable to follow directions, or becoming defensive could be considered signs of being visibly intoxicated and lead to a DUI charge.

Contact Drias Law Group for Help

A drunk driving conviction carries harsh consequences. You could be facing jail time, heavy fines, and revocation of your driver’s license. In addition, your conviction will be public record, resulting in embarrassment among your family and friends, not to mention the fact that it could even make it difficult to find a job. If you’re facing charges for a related offense, contact Drias Law Group right away.

Call us today at (313) 944-0236, or reach out online to schedule a free and confidential evaluation of your case.

The post How to Avoid a DUI in Detroit on a Holiday appeared first on Drias Law Group, PLLC.

Don’t leave your future in the hands of the prosecution. If you’ve been charged with a crime, you should contact an experienced Detroit criminal defense attorney as soon as possible. At Drias Law Group, we provide dedicated, aggressive help his clients in Michigan’s criminal justice system. To schedule a free consultation of your case, contact us today at (313) 944-0236.

Employment Ramifications

A criminal conviction can result in losing your job. Additionally, a conviction can make it difficult to find future employment, even after you’ve served your prison sentence and satisfied all of the other requirements imposed by the court. Keep in mind that criminal convictions are public record, and most employers conduct background checks as a condition of hiring you. As a result, any conviction is likely to be found by a potential employer.

The law provides little protection, unfortunately. For example, employers can use your conviction as evidence – but not proof of – your moral character. In addition, employers should not consider any misdemeanor convictions or felony convictions that would not affect your ability to perform the job.

Housing Issues

A criminal conviction can also make it difficult to find housing, including both subsidized units and private homes/apartments. Private landlords can evict you for criminal activity that allegedly occurred in the home, and they can also deny your lease application based on your criminal history.

Subsidized housing has formalized regulations concerning people with criminal convictions. Your housing provider can terminate your lease once you are convicted, but can also deny your application for housing post-conviction. In Michigan, you are ineligible for subsidized housing if you are a registered sex offender or have been convicted of meth production on public housing property. Drug convictions can also cause you to be deemed ineligible for public housing.

Custody and Visitation Rights

A criminal conviction can also have a profound impact on your family. The State of Michigan can actually take steps to terminate your parental rights in the following situations:

• You have been convicted of murder
• You have been convicted of criminal sexual conduct or intent to commit a criminal sexual act
• You are a multiple felony offender

Conviction and incarceration could also impact your visitation rights. You will be unable to see your kids while in prison, but your conviction may provide a basis for more restrictive visitation rights after your release – depending on the nature of your crime.

Immigration Problems

If you are a non-citizen, you should be aware that a criminal conviction, even for a minor crime, can result in your deportation. This would be the case even if you were residing in the country as a legal resident.

Issues Relating to Student Loans

Criminal convictions can also render you ineligible for federal student loans. You will be ineligible for student loans for one year following a first-time drug possession conviction, and two years for a second offense. A first-time conviction for selling drugs will result in two years of ineligibility. You will be eligible for student loans indefinitely upon a second conviction for the sale of drugs, or three or more convictions for possession.

Contact an MI Criminal Defense Lawyer for Help Today

The penalties resulting from a Detroit criminal conviction extend far beyond incarceration and fines. You could find yourself unable to get a job, struggling to find a place to live, and even lose your parental rights. Don’t jeopardize your future by facing your charges alone. Detroit criminal defense attorney Martin Drias will provide you with an aggressive defense as he fights for you to get a fair result. To schedule a free consultation of your case, contact Drias Law Group today at (313) 944-0236.

The post Collateral Consequences of a Detroit Criminal Conviction appeared first on Drias Law Group, PLLC.

If your child is being charged with a serious crime, you need a juvenile defense attorney on your side. Contact Drias Law Group today at (313) 944-0236 or use our online contact form.

For Some Serious Offenses, Minors May Automatically Be Charged as Adults

Michigan law holds that if you are at least 14 years old and are accused of an offense that qualifies as a felony, the juvenile court may give up jurisdiction over your case. The offenses that give the adult criminal justice system jurisdiction over your case include:

• Arson
• Assault with intent to murder
• Assault with intent to maim
• Assault with intent to rob
• Attempted murder
• First degree murder
• Second degree murder
• Kidnapping
• First degree criminal sexual conduct
• Armed robbery
• Carjacking
• Bank robbery
• Home invasion
• Drug trafficking
• Possession of large amounts of drugs

If you are under the age of 14, the prosecutor may request the juvenile court to waive jurisdiction if you have been accused of one of the crimes listed above. Similarly, a prosecutor may request that you be charged as an adult even if you did not commit one of these offenses.

Prosecutors Can Request that Minors Be Charged As Adults

Even if your case doesn’t meet the requirements for an automatic waiver of the juvenile court’s jurisdiction, you could still be tried as an adult. Prosecutors may request a hearing during which a judge must determine whether the best interests of the offender and public safety would be best served by having the offender tried as an adult. In making this determination, courts consider the following factors:

• The seriousness of the alleged offense, including aggravating factors such as the use of a firearm or the impact on the victim.
• The juvenile’s suspected criminal responsibility, such as the extent of participation in the planning and commission of the crime
• The juvenile’s prior record of delinquency, including police and school records
• The juvenile’s past willingness to participate in juvenile justice rehabilitative programs
• The adequacy of the punishment or rehabilitative programming offered by the juvenile justice system.
• The various case outcomes available to the juvenile

It’s up to your defense team to counter the prosecution’s arguments and to convince the court that your case should stay in the juvenile system. The waiver hearing is a crucial step in your case, where you can ensure that you avoid the devastating repercussions of a conviction in a criminal court. So if you a juvenile that has been charged with an offense, it is essential that you work with an experienced juvenile defense lawyer who can help keep your case in the juvenile system.

How a Detroit Criminal Defense Lawyer Can Help

If the judge decides to move your case into the adult criminal justice system, your case will not proceed directly to trial. Instead, you will have a preliminary hearing, which is also called a probable cause hearing. As the name suggests, the purpose of the hearing is for the court to determine whether the prosecutor’s evidence shows that there is probable cause to believe you committed the offense. This is another juncture at which the assistance of a Detroit criminal defense attorney can make a big difference.

Don’t wait to get legal help. The earlier that an experienced legal advocate begins working on your case, the better your chances of staying within the juvenile justice system. A conviction in criminal court entails a lifelong criminal record, heavy fines, and the possibility of prison time. To learn more about how you may be able to avoid these penalties, call Drias Law Group today at (313) 944-0236 or contact us online for a free and confidential consultation of your case.

The post When Might a Juvenile Be Tried as an Adult in Michigan Courts? appeared first on Drias Law Group, PLLC.

Understanding the Detroit Underage DUI Process

A Detroit underage DUI case starts when the Detroit Police Department, Wayne County Sheriff’s Office, or the Michigan State Police pulls over your child within the Detroit city limits. If the law enforcement officer suspects with good reason that your child has been drinking and then got behind the wheel, they will make an arrest. They will take your child to a police station or in some cases a medical facility to determine blood alcohol concentration (BAC) with a breath, blood, or a urine test (used mostly in cases of suspected drug use).

If these tests confirm that your child is intoxicated, the police will detain them. If your child is under the age of 17, they will be placed into a juvenile detention facility, and go through a parallel justice system designed for children. If your child is over the age of 17, they will have to spend the night in the Wayne County Jail unless you can bail them out immediately.

The next stop in the process is the arraignment, during which your child will be formally charged with Operating While Intoxicated (OWI) under the age of 21. Sometimes, if a suspect is still in detention, they will participate in the arraignment process through a video conference call from the jail to the court house. In other cases, the suspect is released on bail or on their own recognizance and given a date and time to go to the court house for the arraignment. The arraignment, and all subsequent proceedings in a Detroit misdemeanor case, will take place at the 36th District Court at 421 Madison Avenue.

Having Skilled Legal Representation Can Optimize Your Case Outcome

For the arraignment, it’s best to hire an experienced Michigan DUI attorney. Although anyone can defend themselves or ask for a public defender, cases handled by private defense lawyers tend to fare better. The arraignment is an important hearing during which your child will learn of the specific charges against them, learn of their rights, and plead guilty, not guilty, or no contest to the charges.

In general, it’s advisable to plead not guilty at this stage of the process, to give your lawyer time to investigate the case and determine possible defenses to the charges. The court will schedule a preliminary hearing for a later date during which your lawyer can submit motions to exclude evidence, and in some cases to dismiss the charges altogether. Sometimes, your lawyer can negotiate a plea agreement and submit it to the judge at this hearing, avoiding the expense and time commitment of a trial.

If your case proceeds to trial, the prosecutor bears the burden of proving beyond a reasonable doubt that your child was intoxicated while in control of a motor vehicle on a public road. Depending on the circumstances of the case and the available evidence, a skilled lawyer may be able to highlight the weaknesses of the prosecutor’s case and obtain an acquittal. However, it is rare for OWI cases to proceed to trial. Most are resolved through a plea agreement, or dismissed after a defense lawyer successfully excludes important evidence from the case.

Your Support Is Essential for Resolving Your Child’s DUI Case

Beyond the obvious need to pay for legal costs, your support as a parent is essential if you want your child to avoid the worst consequences of passing through the criminal justice system. As a parent, there is a difficult line to walk between supporting your child’s defense, and also ensuring that they take responsibility for their own actions, and are able to avoid bad decisions in the future. Even if your child is completely innocent of drunk driving, they likely made questionable decisions that resulted in them getting arrested and charged with a crime. With your support, they can grow from the experience.

At Drias Law Group, we understand the special concerns that come with defending an underage OWI case. For this reason, we advocate fiercely for young clients at every stage of the OWI process while ensuring that you, our legal team, and your child are always on the same page. We will fight hard to give your child a second chance, and work towards a case outcome that your family can live with. If your child has been charged with underage DUI, call us today at (313) 944-0236 or use our online contact form for your free consultation.

The post What to Do If Your Child Is Charged with a DUI in Detroit appeared first on Drias Law Group, PLLC.

If you are interested in an expungement, contact our expungement lawyer at Drias Law Group via our online contact form or at (313) 944-0236.

Who Qualifies for Expungement?

Expungement is available five years after your release from prison, discharge from parole, or the date of your conviction – whichever happened at a later point in time. Once the five-year wait is over, you can begin the process for applying for expungement, which in Michigan is called setting aside your criminal record. It’s important to note that you can only apply for this procedure once in a lifetime, so if your record has been set aside in the past, this remedy is no longer available to you.

Michigan courts may consider your application if you have been convicted of no more than one felony and two misdemeanors. For purposes of expungement, Michigan takes a broad view of what a conviction is. Although it does not include arrests in its definition of convictions, a court will consider all deferred or dismissed misdemeanor and felony charges on your record as misdemeanor convictions for the purpose of determining your eligibility for expungement.

Even if you meet the requirements for timing and the number of past convictions, any of the following factors could make you ineligible for expungement:

• Your felony conviction involved an offense punishable by life imprisonment
• Your felony conviction was for domestic violence, and you have a previous misdemeanor domestic violence conviction on your record
• You were convicted of any human trafficking offense
• You have a conviction for fourth-degree criminal sexual conduct entered on or after January 12, 2015
• Any of your past convictions were for child abuse, child sexual abuse, or criminal sexual assault

In addition to these factors, there are other reasons why a Michigan court may not be able to expunge your record. Usually, this is a question of jurisdiction. For example, any out-of-state or federal convictions cannot be expunged by a Michigan court.

How a Detroit Expungement Lawyer Can Help

It is possible to apply for expungement by yourself, but doing so with the help of an attorney at Drias Law Group will greatly enhance your chances of success. Generally, the process involves the following steps:

• Completing the application to set aside your conviction
• Submitting a copy of the application to the Michigan State Police, along with fingerprints and a fee
• Sending other copies of the application to both the attorney general and the prosecutor who worked on your case
• Attending the hearing and countering the prosecutor’s arguments if they decide to contest your application for expungement

The last step in the process is where a lawyer’s advocacy can be the most valuable. You can almost think of this hearing as a trial where the goal is to show that you are a good person deserving of a second chance. This means gathering evidence and organizing it into convincing arguments to present to the judge. If your arguments are successful, the judge will sign an order to set aside your convictions.

If you have a criminal record and want to move on with your life, it’s time to talk to an expungement lawyer. To learn more about whether expungement is an option for you, contact Drias Law Group today at (313) 944-0236
for a free consultation.

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