Michigan’s Stand Your Ground Law: The Basics

Michigan and 25 other states have a “stand your ground” law, which extends the Castle Doctrine. This law allows you to use force to defend yourself or others if you are threatened. That force may be nonlethal or lethal, depending on the circumstances. Further, you do not have an obligation to retreat first.

Michigan’s stand-your-ground law does not permit you to shoot someone without cause. Instead, if someone is threatening your life, then you can protect yourself and others. The stand-your-ground law applies to nonlethal as well as lethal force.

Using Nonlethal and Lethal Force

You should only use the degree of force necessary to protect yourself and others. That means you should consider using non-deadly force before using lethal force. However, if deadly force is needed to protect yourself, it is legal to be used for self-defense in some situations.

Lethal force can be used if you feel you are imminently at risk of:

• Death
• Great bodily harm
• Sexual assault

If you see someone committing a crime that does not potentially result in one of the above scenarios, you cannot use lethal force against them.

Are There Exceptions to the Stand Your Ground Law?

There are situations when you cannot use Michigan’s stand-your-ground law. For example, if you commit a crime and someone threatens your life, you cannot legally use lethal force against them. Similarly, if you are somewhere you are not legally allowed to be (trespassing), then the stand-your-ground law does not apply.

You must genuinely believe that lethal force is the only way to defend yourself or another person against an oncoming threat to legally use the stand-your-ground law in Michigan.

What Is the “Duty to Retreat”?

In states without stand-your-ground laws, individuals have a duty to attempt retreat before using lethal force against someone trying to harm them or others. This applies to most situations, except when you are threatened in your home. In most other states, the Castle Doctrine applies.

What Is the Castle Doctrine?

The Castle Doctrine allows individuals to protect themselves with lethal force if someone threatens them within their home. They do not have to attempt retreat from their own home where someone is committing a crime. For example, if someone breaks into your home, you do not have to try to run away. Instead, you can stand your ground and use force against them under the Castle Doctrine. Michigan’s stand-your-ground law extends the Castle Doctrine outside of the home.

Can the Stand Your Ground Law Affect Violent Crime Charges?

If you are charged with a violent crime against another person, your criminal defense attorney may be able to use Michigan’s stand-your-ground law as a defense. If you used lethal or nonlethal force in self-defense, your situation might be legal under the stand-your-ground law.

It’s best to allow your attorney to review your situation and determine if the law applies to your case. It is a complex argument and requires specific evidence and legal knowledge. A self-defense lawyer can help you create a defense that will raise doubt about the violence you use and get you the best outcome possible.

Turn to the Drias Law Group

Attorney Martin Drias is a stand-your-ground attorney dedicated to helping clients stay out of prison. You can defend yourself and others if you are threatened. In some cases, that situation might even include using lethal force. These cases often become heated and emotional quickly. Let us help you navigate the legal field to get a positive outcome.

Call (313) 944-0236 or use our online contact form to schedule a case consultation.

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However, there are possible defenses, and it’s possible to get charges reduced with the help of a Michigan DUI defense lawyer.

How Does Michigan Define DUIs?

In Michigan, it is illegal to drive with a blood alcohol content (BAC) of .08 or higher if you are over 21. If you are under 21, you cannot drive with a BAC of .02 or greater. Michigan also defines high-BAC or “super drunk” as anyone with a BAC of .17 or higher.

You can be arrested for driving with a BAC exceeding any of these limits. However, you may also be arrested and charged with a DUI if you exhibit signs of impairment while operating a motor vehicle, no matter your BAC.

What Happens if a Child Is There?

Drunk driving with a child in the car may be considered child endangerment. Child endangerment is when a person “knowingly or intentionally commits an act likely to cause serious physical or mental harm to a child.” This applies whether harm occurs to the child or not. This is a criminal offense that can result in harsh penalties.

What Penalties Exist for Driving while Endangering Children?

According to the National Highway Traffic Safety Administration (NHTSA), 29% of young drivers 15 to 20 years old killed in crashes had BACs of .01 g/dL or higher in 2020. You will face penalties for OWI with child endangerment whether the child was related to you. Penalties increase for subsequent offenses.

For a first offense, you will be charged with a misdemeanor and face:

• Up to $1,000 in fines
• Up to one year in jail
• Driver’s license suspension
• Community service
• Up to two years of probation

For a second offense within seven years of the first offense, you will get a felony charge and face:

• Up to $5,000 in fines
• Up to five years in prison
• Revocation or suspension of your driver’s license
• Community service
• Up to five years of probation

If the driver is under the age of 21 and they have a minor in the car, they can still face significant penalties, including:

• Up to $500 in fines
• Up to 93 days in jail
• 60 days of community service
• Up to two years of probation

Child Protective Services (CPS) may get involved because Michigan law enforcement must notify them of any criminal offense that puts a child in danger.

Are There Defenses Against DUIs with Children Involved?

Defenses against DUI with a child include the common defenses used in a normal DWI situation. You can challenge the BAC test and the evidence used to pull you over in the first place. However, it is best to negotiate with the prosecutor and make a plea deal in many of these cases.

If this is a first offense, you can likely avoid jail time or even plea your charge down to a lesser offense. You may even be able to take part in a suspended sentence program that allows you to get help for drug or alcohol abuse.

Working with an attorney who can help you navigate this part of the legal arena is essential. The judge and prosecutor will likely try to pin child endangerment on you. You shouldn’t deal with the situation alone. Instead, allow an experienced criminal defense attorney to protect your rights aggressively.

Call the Drias Law Group for Your DUI Defense

OWI with child endangerment is a serious charge in Michigan that can land you in jail. You may also face problems with CPS when law enforcement reports the situation to the government agency.

To avoid the issues you will face, call attorney Martin Drias today at (313) 944-0236 or use the online contact form to reach out.

The post What Happens if I Was Charged with a DUI While My Child Was in the Car? appeared first on Drias Law Group, PLLC.

What Is Sexting?

Sexting involves sharing explicit or suggestive photos or videos by any electronic means. The most common example is a nude photograph being shared via text message.
There is no law prohibiting adults from sexting. Sexting between two consenting adults is legal. However, digital content that includes minors is illegal to create, transmit, and possess.

Is it Illegal for Minors to Sext?

Explicit or even suggestive pictures and videos of minors are considered child pornography. A person, especially an adult, possessing those pictures and videos can be charged under Michigan’s child pornography laws. In some cases, even teens with these images can be criminally charged.

It is common for teens to have cell phones that take high-quality pictures and videos. They are often pressured into taking semi-nude and explicit photos and sending them to friends and romantic partners. Those images are sometimes forwarded to other people without the consent of the person in those pictures. In that case, the original person loses control of who sees their nude photos, and they may even end up being posted online.

Sometimes, teens who consensually text one another explicit or suggestive images may fall under Michigan’s Romeo and Juliet law. This is designed to prevent two children from being charged criminally. However, if one person pressured the other or took advantage of the other in any way, the Romeo and Juliet law would not apply.

Are There Penalties for Illegally Spreading Explicit Material?

It is illegal to create, transmit, or possess sexually explicit material that includes a minor. It is also unlawful to spread explicit material without the knowledge of or against the wishes of the person in the images.

A person convicted of these sex crimes may face a felony, including years in prison and a fine of at least $10,000. You will also have to join the sex offender registry, possibly for life. This can affect where you live and work.

If you possess sexually explicit images of a minor, you may face up to four years in prison and a fine of up to $10,000. Sharing or distributing those images can lead to a seven-year prison sentence and a fine of up to $50,000. Creating sexually explicit content involving a minor can result in up to 20 years in prison and a fine of up to $100,000.

What Is Sextortion?

Blackmailing someone with explicit content is also illegal. This is called sextortion and sometimes revenge porn. This is often a form of cyberbullying where one party has nude or suggestive pictures or videos of someone else.

Suppose you threaten, coerce, or intimidate a person regarding the dissemination of sexually explicit material. In that case, you will face serious consequences, including up to a year in prison or a fine of up to $1,000. Penalties increase with the number of times the offense is committed.

A sextortion defense lawyer can help you avoid the worst penalties by finding evidence that supports your innocence. They can also negotiate with the prosecution to avoid time in prison.

Victims of cyberbullying and sextortion can find help by texting the Crisis Text Line or send START to 741741.

How Can a Defense Attorney Help Me?

Michigan’s sexting laws impose serious penalties in certain situations. If images were not taken consensually or depict minors, you may face years in prison and many other lifelong implications. Even teenagers taking part in what they feel is a natural sharing of images may face serious consequences.

A sexting defense lawyer can evaluate your specific situation and get evidence to support your case. They can also negotiate with the prosecutor and school officials on your behalf. You shouldn’t handle the problem on your own.

What Should I Do If I Find Sexually Explicit Images on My Child’s Phone?

If you find images that could be considered child pornography on your child’s phone or computer, you should immediately contact a sexting defense lawyer. Your child may be facing charges for possession of the images, or they may be the subject of the images. In either case, you need to talk to someone who understands how to handle the situation carefully.

Call the Drias Law Group for Help

While not all sharing of explicit images is illegal, some of it is. Illegal sexting can ruin your life. You need to work closely with an attorney who can stand by you and protect your rights throughout the criminal legal process.

Call attorney Martin Drias at (313) 944-0236 or reach out online to schedule a consultation to discuss how we can help you immediately.

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Attorney Davis quickly got to work for the client and successfully appealed to have the case adjudicated. The weapons charges were significantly reduced and will be kept off the client’s record due to HYTA.

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 Concealed Weapons Charges Reduced appeared first on Drias Law Group, PLLC.

Attorney Martin Drias immediately got to work on the client’s behalf. Upon further examination of the case, he determined that the search and seizure conducted by police during the traffic stop was unlawful. He filed a motion to suppress the evidence obtained as a result of the search. The motion was granted, and the charges were dismissed.

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 Drug Charges Dismissed appeared first on Drias Law Group, PLLC.

Why are female prisoners sentenced to life in prison when convicted of lower-level or non-violent crimes? Let’s explore further.

A Closer Look at Michigan Female Life Sentences

According to a recent study by The Sentencing Project, women’s life imprisonment sentences have increased by 33% over the last decade. Across the country, more than 2,000 women are serving life in prison without the possibility of parole. Of them, more than one-third will go on to attempt suicide.

In Michigan, women account for one of the largest populations serving life in prison without the possibility of parole.

How Are Women Receiving Life Sentences?

Women in Michigan are disproportionately incarcerated at higher rates for several reasons, such as:

Playing Minor Roles in an Offense

Women in Michigan are sentenced to life in prison more often than you might think, even if they were only loosely involved in the crime. One in four women sentenced only played minor roles in the crimes they were found guilty of.

Examples of Minor Roles

Some examples could include aiding and abetting, serving as a getaway driver, or having knowledge of the offense. Somehow, they were convicted and suffered the same penalties as the individuals who played significant roles or masterminded the crimes in question.

Defending Themselves Against Abusers

Up to 80% of women convicted of murder and sentenced to life in prison without the possibility of parole acted in self-defense of themselves or others from abusers. This accounts for approximately 4% of murdered men killed by their female partners.

Convicted Women Often Have No Criminal Record

In most self-defense cases, the women committing the crimes have no criminal record. Conversely, men who are convicted of violent crimes often have extensive criminal histories and account for approximately one-third of the women who are killed by their male partners.

Additionally, the state of Michigan has some of the highest rates of Black women sentenced to life in prison without the possibility of parole. This accounts for nearly 1 in 11 Black women across Michigan.

How Can Convictions for Michigan Women Be Reduced?

To reduce the number of women in Michigan being sentenced to life in prison without the possibility of parole, the criminal justice system must be reformed. There must be significant changes made to the ways in which women are sentenced after conviction.

Ending these harsh criminal sentences for minor roles in a criminal offense is not only an excellent opportunity to reinvest in the community, but also to offer rehabilitation.

Increasing Access to Representation & Diversion Programs

Life in prison without the possibility of parole may not be appropriate for many women. By providing better access to representation and diversion program opportunities, the state could increase community safety and help neighborhoods and communities of color thrive once more.

Once female defendants complete the terms of the diversion program, they may have the charges against them reduced or dismissed entirely.

Meet with a Michigan Criminal Defense Lawyer Today

Our experienced Michigan criminal defense lawyers at Drias Law Group are here to help female prisoners and women charged with criminal offenses get through these difficult times and regain control of their lives.

Find out how to get back to your life when you contact our office for a confidential case evaluation. You can fill out our convenient contact form or call our office at (702) 878-2889 to start working on your case.

The post Why Does MI Have So Many Female Prisoners Serving Life Sentences? appeared first on Drias Law Group, PLLC.

Learn what happens if you smoke marijuana and own a gun, and the possible consequences. Unfortunately, you could face federal felony charges if you own a gun and regularly smoke pot.

Legalization of Marijuana in Michigan

Michigan is fairly progressive when it comes to marijuana. The use of cannabis for medical reasons was made legal in 2008 and for recreational use in 2018.

Since 2019, dispensaries across MI have been selling marijuana. This helped destigmatize a pervasive habit and significantly boosted the state’s economy. But, legalization has had a ripple effect on other rights, including gun ownership.

Federal vs. State Law

On a federal level, marijuana is still illegal. Because of that, it’s against the law to smoke marijuana and buy or own a firearm. This is a felony offense that could land you up to ten years in prison.

Many marijuana users are still not aware of this. They don’t know that the act of owning a gun while being a habitual user of marijuana could land them in serious legal trouble.

It’s Illegal to Own a Gun & Use Marijuana

This issue has been revisited multiple times since states started legalizing marijuana, with many arguing that it doesn’t make sense to keep this law on the books. However, as of 2016, the U.S. Court of Appeals has upheld the federal ban on gun ownership for marijuana users.

Some users may become aware of this when they buy a gun from a legal seller. They must answer a question that asks if they are a user of marijuana or any other controlled substance. Form 4473 states explicitly that the use of marijuana is still against federal law even if it has been legalized in your state.

If you lie on that form and state that you are not an unlawful user of marijuana, you could get up to ten years in prison.

What is an “Unlawful User?”

This is a fairly vague term. However, the U.S. Attorney’s Office in Detroit has said that one-time use of marijuana does not make someone an unlawful user. Regular use of marijuana or another controlled substance does.

Will You Be Prosecuted?

Some people choose to risk it and keep or purchase guns while still using marijuana. Across the board, the likelihood of prosecution for this crime is relatively low. One source stated that these charges are usually brought up when someone is being investigated for more serious crimes.

That doesn’t mean that the risk isn’t there. As long as you own or buy a gun and use marijuana, you are at risk of facing federal charges. With social media being such a prominent part of most people’s lives now, it is easy for investigators and prosecutors to secure the evidence they need for a quick conviction.

While many prosecutors may be uninterested in pursuing charges for a crime that technically hurts no one, a prosecutor who runs on a heavily anti-drug platform may seek charges because they are quick and easy cases that improve their record.

Protect Yourself—Call Drias Law Group

If you’ve been arrested for owning or buying a gun and using marijuana, your future is at stake. This isn’t the time to talk your way out of trouble or hope for good luck.

It’s time to speak to an attorney committed to protecting your rights and your future. Talk to Drias Law Group by calling (313) 944-0236 or contact us online.

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There’s a lot of debate around rampant inequity in our bail system, where people with means can pay and go about their lives while dealing with charges, while those without stay in custody without being convicted.

The Michigan bail system is still a reality many people must face. Read on to learn more about securing bail, finding a reputable bail bond agent, and how a lawyer can help.

Making Bail After an Arrest

Depending on the crime, many station houses have standard bail schedules for common offenses. You might be able to go home within a few hours of your arrest rather than waiting to see a judge.

If you are not eligible for standard bail, you’ll have to wait for a preliminary hearing.

Types of Bail

According to the Wayne County Clerk of Court, there are four ways to secure or raise bail in Detroit.

Cash Bail

Pay the full bail amount ordered by the court. Bail for misdemeanor crimes is lower than felonies. Simply go to the bail office, pay, and leave.

Provided you make all required appearances, you’ll receive a refund, minus administration and processing fees.

Surety Bonds

If you cannot afford cash bail, you can go to a bonding agency (called bail bondsman or bonding agent). You put forth collateral that ensures the bonding agency will get their money back if you flee the jurisdiction (jump bail).

10% Bonds

When the bail bondsman is satisfied that you’re good for the money, they’ll post a ten percent bond to the court. The bonding agent returns your property or collateral after your case is over and you’ve made all required appearances.

However, the bail bondsman keeps the 10%.

Personal Bonds

A personal bond is your promise to appear in court at the required time. This is sometimes called a release on your “own recognizance,” or OR.

What to Look for in a Bail Bondsman

Michigan must license bail bond agencies. A reputable bail agent should:

• Show you their professional license to work legally in Detroit and Wayne County.
• Treat you (or your representative) with respect and consideration.
• Ensure that you understand your responsibilities if you move forward with the transaction.

The Wayne County Third Circuit Court has a list of approved surety bond agents here.

Benefits of an Attorney

The above information is a basic summary of getting bail in Detroit. However, you should consider the anxiety and loss of control that many people experience after an arrest. Police officers and stationhouse personnel are not there to help you stay out of jail – but a criminal defense attorney is.

An experienced Detroit criminal defense lawyer helps you arrange your release. In some instances, they can pursue a personal bond, eliminating the need for you to pay cash or put up collateral for bail. And like any other administrative process, bail is not always applied accurately.

If your bail is too high or inappropriate to your crime, an attorney can articulate the mistake and guide you through the entire process.

Contact the Drias Law Group

Arrested and need legal assistance? The Drias Law Group will help secure your release and has successfully assisted countless people charged with offenses, ranging from DUI to felony crimes.

Call the Drias Law Group at (313) 944-0236 or contact us online for a free consultation. Let us help.

The post Need to Get Bail in Detroit, MI? Here’s How appeared first on Drias Law Group, PLLC.

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.

When your civil rights have been violated from a false arrest, you may be able to take legal action for any damages you suffered. Explore your legal options further when you contact an experienced civil rights attorney at Drias Law Group for help.

What Is a False Arrest?

A false arrest occurs when police or law enforcement officials do not have the justification for taking you into custody. They must have probable cause to prevent you from exercising your rights. When police attempt to arrest you without probable cause or a warrant, they operate outside of their legal authority.

False arrests can be a terrifying experience for the victim. Suppose you are the victim of a false arrest. In that case, you may have the right to pursue a civil action against the Michigan state police, local police departments, individual police officers, and other third parties.

Legal Actions for Falsely Arrested Individuals

When you have been a victim of a false arrest, several legal options may be available to you. These include:

• Filing a lawsuit against an individual officer and their respective police department demanding injunctions
• Making a complaint against the arresting officer with your local police department
• Filing a lawsuit against an individual officer and their respective police department demanding financial compensation
• Filing a motion to suppress evidence obtained through a false arrest

Filing an initial complaint with the local police department demanding injunctions could result in the suspension, retraining, or termination of an officer as well as other criminal charges.

Depending on the specific details of your case, you may be interested in filing a false arrest civil rights lawsuit under 42 U.S.C. § 1983.

Qualified Immunity Laws

If you pursue a civil claim, you need to know that qualified immunity laws may protect law enforcement officials. Qualified immunity protects law enforcement officials accused of misconduct that might occur in the line of duty. Overcoming this defense will be essential for your lawyer to recover maximum compensation.

What Damages Can You Recover After a False Arrest in Michigan?

The impact a false arrest can have on your life can be long-lasting. Fortunately, you will have the right to be compensated for every way your life has been impacted.

It is not uncommon for people who have been falsely arrested to lose their job or miss out on a significant amount of income while incarcerated.

Economic Damages

Other types of financial losses you could recover in your Michigan false arrest claim include:

• Coverage of your medical expenses
• Diminished earning capacity
• Unexpected childcare expenses
• Property damages
• Other tangible financial losses

Non-Economic Damages

You also have the right to be compensated for non-economic damages. Your reputation may have been destroyed, you may have trouble finding a good job or safe housing, and you may face other damages, such as:

• Physical pain and suffering
• Emotional distress
• Inconvenience
• Disfigurement and skin scarring
• Diminished quality of life
• Loss of consortium

Punitive Damages

Punitive damages are only awarded in cases where the court finds the defendant’s actions were abhorrent, reprehensible, or grossly negligent.

If law enforcement officials in your case engage in these types of behaviors, the Michigan civil courts have the authority to impose this additional punishment.

To learn more about what your false arrest claim could be worth, be sure to contact your civil rights attorney at Drias Law Group for help.

Contact a Michigan Civil Rights Attorney Today

If you believe that you were falsely arrested and you are interested in learning more about how you can hold law enforcement accountable for their misconduct, reach out to an experienced Michigan civil rights attorney at Drias Law Group.

Schedule your confidential case evaluation today when you complete our online contact form or call our office at (313) 944-0236.

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