Since he received no notification that he’d been denied or disqualified, the man began carrying his gun, and was eventually stopped by the police. After notifying the officer that he was carrying a weapon, they ran his name and arrested him, as he had been disqualified from licensure to carry his gun. Wanting to avoid a felony conviction that could send him to jail and cause him to suffer from other penalties, he reached out to attorney Martin Drias for help.

Attorney Davis took the case to trial, showing his client’s paperwork (that stated it would serve as a license to carry a gun if no notification was provided by the state) as evidence that the man shouldn’t be convicted. As such, the client was found not guilty.

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 Manufacturing Plant Employee Found Not Guilty of Weapons Offense in Wayne County appeared first on Drias Law Group, PLLC.

Due to the client’s lack of a prior record, and under the Holmes Youthful Trainee Act, attorney Martin Drias was able to negotiate a sentence for his client of three years of probation and restitution to the victim’s 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.

The post Detroit Man Gets Probation in Instagram Live Shooting Case appeared first on Drias Law Group, PLLC.

• Four counts of unlawful imprisonment
• Four counts of felonious assault
• One count of impersonating a police officer to commit a crime
• One count for felony firearm

The man, who had started a security company to protect and help the people of Flint, witnessed people breaking into a school. As such, he detained the group, called the cops, and was arrested due to the allegation of guns being drawn. The client himself never drew a gun, so he reached out to criminal defense attorney Martin Drias for help.

Attorney Davis immediately got to work on the client’s case, and was able to get the more serious charges dropped. As such, the client avoided time in prison and ended up with charges on his record that could eventually be removed.

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 Flint, MI Man Sees Multiple Criminal Charges Dismissed appeared first on Drias Law Group, PLLC.

Attorney Martin Drias began working on her case immediately. Arguing that his client didn’t knowingly carry the firearm without the proper license, he took the case to trial and eventually obtained a not guilty verdict on his client’s behalf. As such, she was able to avoid incarceration, fines, and other penalties that come with a felony 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 USPS Worker Found Not Guilty for Weapons Offense appeared first on Drias Law Group, PLLC.

Attorney Martin Drias wanted to help his client avoid a felony conviction that could end up on his record, send him to jail, require a period of probation, and more, so he entered into negotiations right away. Due to attorney Davis’ quick action and legal skills, he was able to get the client’s charge amended to a misdemeanor that could one day be taken off his criminal record. As a result, the client only had to pay a fine.

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 Jackson, MI Man Sees Felony Weapons Charge Amended to a Misdemeanor 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.

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.

Attorney Martin Drias saw this was an isolated incident and he worked quickly to help his client deal with these uncharacteristic charges. Attorney Davis discussed the charges with the prosecution and by illustrating his client’s good standing in the community and sincere regret, he achieved a complete dismissal of the charges. Therefore, this client was excused from further concern and was grateful to put this incident in the past.

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 Reckless Discharge Of Firearm Charge Dismissed For Man In Detroit appeared first on Drias Law Group, PLLC.

There have never been more people licensed to carry concealed firearms in Michigan. In 2004, there were 110,777 Concealed Pistol License (CPL) holders in Michigan. Now, that number has increased to a record high of 516,612. As the number of CPL holders continues to grow, the authorities have noticed a sharp increase in the number of arrests and prosecutions of CPL holders.

Between 2004 and 2014, indictments against CPL holders for violent crimes such as murder, rape, robbery, and assault increased by almost 600 percent—a staggering amount. During the same period, charges against CPL holders for all crimes increased eleven-fold.

Does Being a CPL Holder Put You at Greater Risk of an Arrest or Criminal Charges?

Some claim that the increase in arrests stems from a worrying trend of CPL holders committing acts of violence, recklessness, and vigilante justice. But the increase in arrests of CPL holders could be due to the simple fact that there are more CPL holders than ever before.

There may be no correlation—let alone causation—between being a CPL holder and being charged with a crime. Since there are more CPL holders in the population, it follows that a larger proportion of people arrested in Michigan will happen to have a CPL. The fact that out of the 4,421 cases against CPL holders in 2014-2013, only 367 cases involved the use of a gun shows that being a CPL holder may have had nothing to do with these arrests or the ensuing criminal charges.

Regardless of whether being a CPL holder increases the likelihood of being charged with a crime, the scrutiny applied to CPL applications has never been lower. This means that people with mental disorders or violent tendencies could be slipping through the cracks of the application process and obtaining the right to carry a concealed weapon.

Are CPL Applications Receiving Enough Scrutiny?

Certainly, anecdotal evidence suggests that some CPL holders should not have the right to carry a concealed firearm. Reports of CPL holders using their firearms in road rage incidents or domestic disputes are numerous. But most CPL holders appear to be law-abiding citizens who never end up using their weapons.

In December of 2015, Michigan removed county gun boards, which provided additional screening of CPL applications. These boards were composed of local community members who often knew the applicants personally, and could vouch for their trustworthiness and character. Now, the requirements for obtaining a CPL are:

• No felony convictions or pending felony cases in Michigan or elsewhere
• No convictions for certain misdemeanors in Michigan or elsewhere
• A waiting period of 3 to 8 years after a misdemeanor conviction before applying
• No dishonorable discharge from the armed forces
• No diagnosis of mental illness
• Completing a training course in firearms safety

It remains to be seen whether these criteria will adequately restrict violent or mentally unstable people form carrying concealed weapons. For many gun advocates, however, this a non issue. For example, Steve Dulan of the Michigan Coalition for Responsible Gun Owners has stated: “The Second Amendment is not about guaranteeing perfection, it’s about guaranteeing your right to fight back.”

How the Michigan Criminal Defense Lawyers at the Drias Law Group Can Help

With lawmakers introducing legislation to do away with the license requirement for concealed carry, it’s likely the number of people carrying guns will keep increasing in Michigan. If you’re a CPL holder facing criminal charges, or if you want to learn more about how to be a legal gun owner, call the Michigan criminal defense lawyers with Drias Law Group today at (313) 944-0236 and we’ll give you a free consultation.

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