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criminaldefenselawcenterwestmich · 3 years

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Arrest Warrants

Do Not Delay Dealing With Arrest Warrants

Attorney Shawn James Haff has watched numerous people charged with crimes get into serious trouble by not dealing with an Arrest Warrant right away. If a police officer shows up at your house, or calls you on the phone to talk about if you committed a crime, you may very well end up getting arrested. The judicial system takes time. In many cases, it takes months for an arrest warrant to be issued. If sometime has passed by since a law enforcement officer has wanted to talk to you, it would be in your best interest to call Shawn and have him see if there is a warrant out for your arrest. By handling your early stages of your case properly, you will likely not have the police show up to your place of living or work place to arrest you. If Shawn finds out a warrant for your arrest has been issued, Shawn can work with authorities and Grand Rapids Courtrooms to squash the warrant. Call Shawn today at 616-438-6719 to find out how Shawn can do this for you.

Shawn provides his clients with expert counsel. This expert counsel ensures that your rights are protected. if you are detained and can’t post your bond, Shawn will work hard to get your bond lowered. In many cases, a person is not allowed to leave the state of Michigan as part of their bond conditions. Expert legal help will make sure that after you have been arrested, you are able to be freed from incarceration very quickly.

Information published in 2021 by the Criminal Justice Information Service Division found that there were 5,661 crimes reported. Of those crimes, 76% of them were crimes against property. 24% of the crimes committed were violent crimes or crimes against property. Larceny was the most reported crime at 3,208 reports.

How to Get Criminal Arrest Records

The Criminal Justice Information Center of the Michigan State Police Department deals with FOIA requests related to criminal history information and background checks of persons resident in Michigan.

Name-Based Searches Name-based criminal record checks can be conducted using the Internet Criminal History Access Tool(ICHAT) Once you pay the $10 dollar fee, e full criminal history information of the individual. This report will include all juvenile convictions and traffic records.

Fingerprint Searches A person who uses this method to find about a person’s criminal background will be given a full report to the person’s criminal record, as well traffic violations This method can only be used by authorized persons and agencies. Requests are made by performing a livescan with any of the approved live scan vendors of the Michigan State Police Department. This process costs $30.00.

If you have any questions regarding Arrest Warrants and Arrest Records, call Shawn today at 616-438-6719. The call is free. Will you be? You can

trust Shawn

so call him now!

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criminaldefenselawcenterwestmich · 3 years

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Driving Under The Influence of Marijuana

Driving While Using Marijuana Is Illegal

Under Michigan Law, operating a vehicle under the influence of Marijuana is illegal. Today I want to go over Michigan law and what driver’s need to know in order to prevent themselves from being charged with Driving Under the Influence of Marijuana.

The use of Marijuana became legal on December 6th, 2018 in Michigan. This is when the Michigan Regulation and Taxation of Marihuana Act legalized recreational possession and the use of marijuana for any person who was 21 and older. In 2008, the state of Michigan made medical marihuana legal.

Under current Michigan law, there is still a lot that is not understood. This blog is based on my vast experience only practicing criminal defense work in Michigan. Criminal defense is all I do and you should not hire a jack of all trade attorney to represent you if you are charged with any crime, especially a Driving While Under The Influence of Marijuana.

While Marijuana is legal now, there are still laws in Michigan that all driver’s must obey. This laws include the following:

A person may not consume marijuana while driving.

People cannot operate a vehicle under the influence of marijuana

A person may not smoke Marijuana inside the a car on the passenger seat.

What are the marijuana and driving laws in Michigan?

Under MCL 333.27954(1)(a) and MCL 333.26427(b)(4) a person who is driving a vehicle cannot be under the influence of Marijuana. It does not matter if you have a medical marijuana card. If you are under the influence while driving, it is against the law.

How do the police know if you have violated the marijuana and driving laws in Michigan?

People will use circumstantial evidence to determine if a driver is under the influence of marijuana. There is no marijuana breathalyzer test that can be used in these cases. The circumstantial evidence the officers will be looking for includes:

Because no marijuana-detecting breathalyzer is currently being used by law enforcement to identify marijuana-impaired drivers, the police rely on other circumstantial evidence to determine if a driver has violated the marijuana and driving laws in Michigan.

Statements or admissions by witnesses

A driver’s performance on standardized or non-standardized field sobriety tests

Observations and/or reports about how a driver was actually driving

Statements or admissions by occupants of the driver’s vehicle

Observations of a driver’s physical condition

Whether the driver and/or the passenger possess an odor of smoked marijuana

Statements or admissions by the driver

If a driver gets a blood draw done or a chemical test taking to see if they are under the influence of Marijuana, there is no statutorily prescribed THC limit that would prove the guilt or innocence of a driver.

Is it illegal to smoke weed and drive in Michigan?

Under Michigan law, the Michigan regulation and Taxation of Marihuana Act makes it a crime to consume and smoke weed while driving. The act clearly states:

A driver is prohibited from “consuming [recreational] marihuana while operating, navigating, or being in physical control of any motor vehicle . . .” (MCL 333.27954(1)(g))

A driver is prohibited from “smoking [recreational] marihuana within the passenger area of a vehicle upon a public way.” (MCL 333.27954(1)(g))

The law does not address if a person who is a lawful medical marijuana user can smoke while driving.

Can you smoke weed in your car in Michigan?

The answer is no. You may not smoke weed while in your car. Regarding medical marijuana, it’s not clear because the law does not address medical marijuana being smoked within the passenger area upon a public way. (MCL 333.27954(1)

Can I use medical marijuana and drive in Michigan?

Yes. A person that is a lawful, registered medical marijuana user can use medical marijuana and drive in Michigan, but ONLY if they are not driving while under the influence of marijuana.

Any registered medical marijuana user can legally drive after they have used Marijuana. This appears to create a conflict with Michigan’s zero tolerance policy law that does not allow a person to drive with “any amount” of weed in their system. (MCL 257.625(8))

The Michigan Supreme Court decided to step in and clear the conflict up between the two laws. In People v. Koon the justices held unanimously that the “any amount” prohibition did not apply to lawful, registered medical marijuana users:

“The Michigan Medical Marihuana Act (MMMA) prohibits the prosecution of registered patients who internally possess marijuana, but the act does not protect registered patients who operate a vehicle while ‘under the influence’ of marijuana. The Michigan Vehicle Code prohibits a person from driving with any amount of a schedule 1 controlled substance, a list that includes marijuana, in his or her system. This case requires us to decide whether the MMMA’s protection supersedes the Michigan Vehicle Code’s prohibition and allows a registered patient to drive when he or she has indications of marijuana in his or her system but is not otherwise under the influence of marijuana. We conclude that it does.”

The courts will have to decide eventually if the zero tolerance law applies to people who are now using marijuana for none medical purposes.

The MRTMA has an immunity provision that is almost identical to the one in the MMMA that the Michigan Supreme Court relied on in Koon. Remember, Koon concluded that lawful, medical marijuana users were exempt from the zero tolerance rule.

The immunity provision in the MRTMA provides:

“[T]he following acts by a person 21 years of age or older are not unlawful, are not an offense, . . . are not grounds for arrest, prosecution, or penalty in any manner, are not grounds for search or inspection . . . possessing, using or consuming, internally possessing . . . 2.5 ounces or less of marijuana . . . .” (MCL 333.27955(1)(a))

The immunity provision in the MMMA provides:

“A qualifying patient who has been issued and possesses a registry identification card is not subject to arrest, prosecution, or penalty in any manner . . . for the medical use of marihuana in accordance with this act, provided that the qualifying patient possesses an amount of marihuana that does not exceed a combined total of 2.5 ounces of usable marihuana . . .” (MCL 333.26424(a))

If you have any questions regarding Driving Under the Influenece of Marijuana, please call me now at 616-438-6719! Shawn can get you great results! The call is free. Will you be?

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criminaldefenselawcenterwestmich · 5 years

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Check out my latest blog

https://www.criminaldefenselawcenterwestmichigan.com/should-i-get-a-dui-attorney/

#DUI Drunk Driving

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criminaldefenselawcenterwestmich · 5 years

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The Difference Between DUI and OWI in Michigan

Getting arrested in the state of Michigan for a drunk driving is not only scary, but it’s also a confusing process. You may here many terms thrown around like DUI, OWI, DWI, & OWVI. If you’ve ever wondered, what’s the difference between DUI vs. OWI, then this article will tell you everything you need to know.

What is a DUI?

DUI is an acronym for drunk driving. DUI means driving under the influence. Another acronym is driving while intoxicated (DWI). We have had many clients come into our office with a ticket that says they have been arrested for DUI or DWI. Michigan’s Michigan’s drunk driving laws are located at Michigan Compiled Laws 257.625.

The acronyms DWI and DUI are used nationally across the United States. Under Michigan law, these terms are not legal terms of art. The main reason for this is because these terms are very broad.

There are police and prosecutors who believe people were able to get away with drunk driving because of how broad these acronyms were. If you are being charged with an DUI or a DWI, the punishments are exactly the same as if you have a ticket for being charged with an OWI.

What is an OWI?

OWI is an acronym that stands for operating while intoxicated. This is the actual legal term used under Michigan law.

Under Michigan, operating while intoxicated (OWI) is defined as operating a vehicle:

With a blood alcohol content (BAC) of .08% or greater

With any amount of a controlled substance in the body

While under the influence of any intoxicating liquor, or

While under the influence of any controlled substance or intoxicating substance.

The Michigan state legislature in 1999 changed the acronyms for drunk driving to OWI from OUIL and UBAL to OWI. Michigan legislatures under pressure from state prosecutors wanted to only use one term. The reason why state prosecutors wanted this change is so both legal theories could be used to get a conviction by a prosecutor. Under current Michigan law, an OWI can be proved when the state is able to prove beyond a reasonable doubt, that a person was either operating under the influence of liquor (OUIL) or where operating a motor vehicle while having and unlawful bodily alcohol level (UBAL).

Under Michigan law in 1999, the legal limit was .10 blood alcohol context (BAC). Under the law during that time period, if a person was found to have a BAC higher than .07 but below .10 you were presumed to be impaired by alcohol. If a person’s BAC measured at .10 or higher, the presumption was a driver was intoxicated. Any driver who was found to be below a .07 was presumed to be neither impaired or intoxicated and thus not in violation of any statue under Michigan law relating to drunk driving.

However, the law in Michigan changed in 2003. The legal limit was suddenly dropped to .08. The presumption of not being under the influence was also removed from Michigan law.

Because of this, a person can now be convicted of drunk driving even if they blow a breath test below .07.

Under this theory, a prosecutor must prove that a person’s ability to drive a car or truck on any Michigan roadway was “substantially lessened” by the person’s use of alcohol.

Under the changed Michigan law, OWI can be proven when a person isn’t even using alcohol. People are charged with OWI for being under the influence of Ambien or Xanax. The requirement of showing a person’s ability to drive has been “substantially lessened” by alcohol does stay the same.

Michigan has a lesser offense called “operating while visibly impaired” (OWVI). A person driver can be convicted of this lesser offense if they display signs of being impaired by alcohol. A person who is materially impaired is considered “under the influence.”

What is The Difference Between Operating and Driving?

The “D” found in the acronyms for DUI and DWI stands for driving.

Under Michigan law, the term driving means a person who is in literal physical control of a vehicle that is moving.

So why did Michigan change this term “driving” to “operating”? The main reason for this, and many other states decided to do the same thing, is because a person can legally be operating a vehicle even when they are not driving the vehicle. A person only has to have control of a vehicle to be operating it. This means if you are just sitting on the side of the road in a motor vehicle you are operating it. You can even be sleeping in a car or truck and be operating it under this legal theory.

Before the law was changed from driving to operating, many defense attorneys argued that a person was not driving a truck or car. A defense attorney could argue that a person sleeping on the side of the road was not driving. Or if the car wasn’t moving, a defense attorney would argue the car wasn’t moving and thus it wasn’t being driven.

Since the new key legal term operating is so much more broad, the successful defenses of the past can no longer be used today.

Prior to the change from DUI to OWI, a possible defense to a drunk driving charge would be that you were not driving. Thus, if you were in a parked car, asleep, stopped in an intersection, or otherwise not actually moving, your case could be dismissed. This defense is generally not available anymore because the term operation is much more broad.

Current DUI/OWI Punishments in Michigan

Here are the punishments for DUI and OWI convictions under Michigan law.

OWI, First Offense – up to 93 days in jail, fines of $100 to $500, 360 hours (45 days) community service, vehicle immobilization at the court’s discretion, possible ignition interlock device during probation.

OWI, Second Offense – Jail time of 5 days to one year, most judges do not give up to a year in jail. They usually give anywhere from 15 to 60 days. The maximum fine is up to $1000 and the minimum fine is $200. Courts will sometime waive the fine. The court may also give 30 days community service but no more than 90 days. Your car may have a ignition lock put on it.

OWI, Third Offense – This is a felony charge. A person can face up to five years in prison if convicted of this serious charge. There is a mandatory minimum 30 days in jail. A person convicted for this charge will face up 60 days of community community service. The maximum a person can get is 180 days. A ignition interlock device during probation, mandatory vehicle immobilization.

OWVI, First Offense – up to 93 days in jail, fines of up to $300, 360 hours and up to 45 days of community service.

What Acronym Do Michigan Law Makers Use?

The Michigan legislature has adopted the acronym OWI for operating while intoxicated. The Michigan State Police and other law enforcement officers should also be using OWI instead of DUI or DWI. A person arrested for drunk driving may see a ticket that has DUI or DWI on it but in official court business settings it shall be called operating while intoxicated.

Different states use different acronyms for drunk driving. Maine, Massachusetts and Rhode Island use the acronym OUI. It stands for operating under the influence. As we have discussed, Michigan uses the acronym OWI which stands for operating while intoxicated.

There are other acronyms for drunk driving. OUI, or “operating under the influence,” is used in only three states: Maine, Massachusetts, and Rhode Island. OWI is an acronym for “operating while intoxicated” which is used in some jurisdictions. Illinois used the acronym DUI for driving under the influence.

If you are pulled over and arrested for drunk driving, it does not matter what acronym the arresting officer uses on your ticket. The punishment for your OWI will be the same no matter what acronym the officer uses.

Recent Case Success!

2019

I had a client who was near a high BAC drunk driving charge. He almost hit a state trooper while driving. I was able to get his charge dropped down to an impaired driving and he also got no mail time! The client was extremely pleased with this outstanding result!

2019

A client was facing an OWI first offense charge at Hudsonville district court. I was able to charge dropped to impaired driving which saved my client money and most importantly points off his driving record.

What To Do If You Are Arrested for a DUI/OWI/DWI

If you are pulled over by a police officer while driving a motor vehicle on any Michigan roadway and you are concerned that you may be under the influence of alcohol, the first thing you need to do is stay stay calm and be polite to the police officer.

In some cases, the officer may not have believed the person was under the influence initially. After being treated with disrespect, the officer decided to dig a little deeper and the person was eventually arrested and convicted for an OWI offense.

Know your rights and exercise your rights if you are pulled over for drunk driving! An extremely common questions officers ask people they think maybe driving under the influence is “How much did you have to drink tonight?”

Exercise your right to remain silent if you have been driving alcohol. If you answer in the affirmative, you are just hurting your chances of not being arrested for drunk driving.

Another common event that happens, when someone has been pulled over on suspicion of driving under the influence, is the police officer asking the driver to take a roadside PBT.

The preliminary breath test is not supposed to be administered until the officer has read the suspect their rights. You have a constitutional right to refuse this test. You should refuse to take this test. You will be issued a civil infraction, but you will not face criminal charges of the PBT refusal. The civil infraction will be a monetary fine, but you will not receive points on your record because of your PBT refusal. This PBT test is not admissible at trial. It is only used to help the officer establish probable cause to arrest someone for OWI.

If the police officer arrests you, you will be taken to a county jail or the police station for a chemical test. Before you take the chemical test, Michigan law requires a police officer to read the defendant their chemical test rights.

After the officer has read the defendant their rights, they will be requested to submit to a breath, blood or urine test. The vast majority of cases have a person charged with drunk driving taking a breath test on a BAC datamaster.

You may refuse to take this test but then you will face a possible six points on your license and a one year suspension of your driver’s license. The officer will then proceed to get a warrant signed that will require you to have your blood drawn.

If you submit to a breath test, urine test or blood draw, you have a right to demand having your own independent test performed. You also have a right to demand that you speak to an attorney. The right to speak to an attorney does not mean you get to speak to one prior to submitting to testing of your BAC.

The officer not reading a suspect their Miranda Rights is not a get out of jail free card. It means the officer needs to stop asking you questions after you have been arrested that are designed to gather more information that will lead to your conviction of drunk driving.

How We Can Help You Fight Your DUI/OWI/DWI Charges!

Attorney Shawn Haff and the lawyers at The Criminal Defense Law Center of West Michigan can help you get the best results possible. This may mean getting your charge dismissed. It may mean getting you a not guilty verdict at trial. It may mean getting a lesser penalty than you are currently charged with and it may mean keeping you out of jail.

Strategies OWI Defense Lawyers Can Use

Attorney Shawn Haff and his team of lawyers who specialize in handling drunk driving cases understand that officers can make mistakes during the process of arresting someone. Regardless of the intent of the officer, these mistake can result in a person who is innocent getting charged with drunk driving or facing more serious charges than they should be. We can find those mistakes and expose them to the prosecutor!

Defense Strategies a DUI Lawyer Can Use

Lawyers who specialize in handling DUI cases know that mistakes get made throughout the arrest process. These mistakes, whether intentional or not, can result in innocent people getting charged or more severe charges being sought. Exposing these mistakes in the prosecution’s case is what helps beat DUI charges.

One mistake we see happen quite a bit if a police officer improperly pulling someone over. If the officer doesn’t have grounds to pull you over in the first place, the charges maybe dismissed!

Our lawyers will examine the chemical tests to make sure the breathalyzer was being properly maintained and that proper procedures were be followed. If these procedures were being followed, you can get the results dropped.

The Criminal Defense Law Center of West Michigan will also examine all the evidence to see if the prosecutor can prove you were driving your vehicle. If they can’t prove this, the case will be tossed or a jury must find you not guilty.

Finally, we will also negotiate on your behalf. Trying to negotiate a deal with a local prosecutor can be tough and intimidating. Our OWI attorneys know how to fight for our clients and get them the best results possible. We will point out any weaknesses to the prosecutor. This will cause the prosecutor to be willing to offer a lesser charge or maybe consider dropping the case. Attorney Shawn Haff can also use these facts to argue for a lesser punishment such as no probation, lower fines, and no jail or prison!

If you or any loved one is facing a charge of OWI/DUI/DWI, call Shawn now at 616-438-6719! You can not afford to wait! Waiting to call an attorney is one of the biggest mistakes we see people do on a regular basis! Call Shawn now!

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criminaldefenselawcenterwestmich · 5 years

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How Much Does a DUI Cost?

I’m often asked by clients, “How much does a DUI cost so I can pay up and get this over with?” Unfortunately, this is not how it works at all. Getting a conviction for a DUI in Michigan is like carrying around heavy luggage when you travel, it goes with you wherever you go.

There is no chance you can get an DUI/OWI expunged from your record. Anytime an employer does a background check they will see you have this conviction on your criminal record. Your spouse will know you have a criminal record. Your driving history and criminal record will follow you from state to state. You will not be able to avoid this fact by going out of state to get a driver’s license.

A conviction for a DUI in Michigan will increase your automobile insurance rates. Here is a list of costs you will be hammered with upon a conviction for an OWI.

Car tow costs of around $300

Car storage fee that can cost around 30 to 100 dollars a day.

The cost of bond to stay out of jail is around $500 to $5,000.

Alcohol Counseling $500 to $10,000

Insurance rate increase of at least 20% a year and if you have a bad enough past history even a total loss of insurance.

The potential loss of your job

The potential loss of your professional license

Fines and court costs at around $750 to $5,000.

As you can see, the costs for being convicted for a DUI can be extremely expensive. However, there are still more costs that you maybe hit with. If you are ordered to put an interlock device on your car, and your conviction is a first or second offense, you are looking at an installation cost of $100 to $200 dollars. You then must pay a rental fee from $75 to $100. Additional costs include making sure the device is calibrated correct and maintenance fees. These are monthly expenses. There is also a slight chance you could be ordered to put an interlock device on your car for a first offense.

If you get your license suspended by the Secretary of State, you will have to pay a restitution fee if you want to get your license back. The costs for this are around $580 for a person who is a first-time offender. If you have multiple drunk driving convictions, you will be required to pay over a $1,000 to get your driver’s license back.

When it comes to your insurance, you will likely face the prospect of being in the high-risk category that will require you to have an additional cost of $1,500 per year. In some cases, you can be required to carry high-risk insurance for longer periods of time then three years.

Since being charged and convicted of a DUI requires a person to go to court numerous times, attending alcohol education classes and complete many hours of community service and possible jail time, losing your job could be a distinct possibility. If you have to look for new work, many employees run a background check before hiring a person. A lot of companies may not be willing to hire someone who has a drunk driving conviction on their record.

Lawyer Fees

Retainer fees to hire a good lawyer to defend you against your drunk driving charge will not be cheap. Lawyers who do not have a lot of experience or who are not very good at what they do will charge around $1,000 dollars to start a DUI case. Experienced attorneys who are good at what they do will charge much higher rates. The rates for experienced drunk driving attorneys should still be reasonable.

I’ve heard some OWI lawyers charging as much as $10,000 a case.

That is a rip off!

In fact, I think if someone is charging you $5,000 for a first offense OWI is ripping you off! The average cost of a DUI lawyer will be $3,000 for a first offense DUI. If you are facing a second offense DUI charge, the average cost of a DUI lawyer will increase to $4,500. If you’re facing a felony, third offense drunk driving charge in Michigan you can the average cost to skyrocket to charge $5,000 or more.

I know you can find a lawyer to charge you less than the rates I quoted you above, but be warned you might get what you pay for and going cheap when so much is at stake is rarely worth it! In the long run, the cost of a good DUI lawyer will actually be less than poor representation.

The Cost of a Second or Third DUI in Michigan

The penalties for these offenses get more severe as the amount of convictions go up. A second conviction within seven years increases the possible jail time a person faces from 93 days to one year in jail for a second offense. If you get a third offense, you are facing up to five years in prison! You license will be revoked for a year on second offense.

If you get a third offense for OWI in Michigan, your license will be revoked for five years! It will probably be much longer than five years before you get your license back after this felony conviction. The Secretary of State will likely make you wait longer. You can apply to get your license back after five years but that rarely happens.

Representing Yourself?

Only a fool represents himself on a dui charge. I strongly encourage you to retain counsel if you are facing a dui charge. An attorney who practices dui law in Michigan has the right training needed for you to successfully defend yourself in court.

If you go into court without a skilled DUI attorney by your side, it is very likely that mistakes will be made in court that will ruin your chance to get the best results possible. Mistakes will be made when talking to the judge, mistakes will be made when talking to the prosecutor and mistakes will be made when it comes to examining possible witnesses at trial.

People who represent themselves in court risk great harm to their case by not challenging evidence not properly presented. A criminal lawyer that specializes in fighting DUI charges in Michigan will be able to make sure you don’t make the mistakes listed above. They have unique experience in this complex area of law that is always changing.

This experience gives them the skills and ability to know what the best defenses are and how to use them. An experienced OWI defense lawyer is always well known in West Michigan courts. This will be beneficial in getting a lesser plea deal than a dui. It will also lower the costs and fines a person will be hit with at sentencing.

The Emotional Cost of OWI Convictions

Anyone who is employed as a driving and has a CDL license will lose their ability to maintain a CDL license forever. This means loss of employment. Other licenses that could be lost included other professional licenses such as the ability to fly an airplane or practice medicine.

Emotional consequences can be suffered from spending time in jail. Having to take rehabilitation classes can put a severe strain on family and home life. If you are unemployed due to a DUI conviction, you will suffer the stress of wondering how you will pay your monthly bills. You may not be able to focus on other important things in your life such as school. You will be stressed out trying to figure out how to get rides to family events and other social events. Having to ask others for rides all the time will negatively impact your relationship with other people.

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criminaldefenselawcenterwestmich · 6 years

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Bail Bonds

Types of Bail Bonds

In Michigan, there are four different types of bail bonds. During a criminal case, the defendant will have to post some kind of bond at their arraignment. In other situations, the defendant will be required to post a bond at the jail. After the defendant does this, they will be released.

The best bond a person can get is a personal recognizance bond. A personal recognizance bond does not require the defendant to post any cash. The defendant needs to agree to follow the conditions of bond and promise to appear for future court dates. If you hire a lawyer, your chances of getting a PR bond are better. By retaining a lawyer, you are showing the court you plan on staying in the area. You also show the court you are taking your criminal charge(s) seriously. A cash bond is the worst type of bond a defendant can get. It requires the full amount of the bond to be posted. If a judge gives you a $50,000.00 cash bond, you must come up with the full amount of money to post your bond.

A cash/surety bond is the third of four types of bail bonds. This bail bond requires the defendant to pay the full amount of the bond or use some type of collateral for 90% of the bond total, and then have the bail bondsman post the other 90% in cash. The 10% fee that the bail bondsman takes are not applied to fines and costs at the end of the case. It is money lost to the bail bondsman. Finally, there is the 10% bond, that requires a total of 10% of the bond to be posted. This bond does not require collateral for the other 90% of the bond.

Pay for Good Representation First

We receive numerous calls from people seeking our expert representation. When we quote them or a fair and reasonable price, we are told far too often that they could have hired us but they used up all their money bonding out. This is a very foolish way of thinking! You have to think about the long game. Do you want to face more jail time at sentencing because you didn’t hire a great lawyer to work on your case? A lawyer can work with you to lower your bond. A great lawyer can save you years of your life from being wasted on incarceration.

If you have a loved one or family member in jail and they are calling you up begging you to bail them out of jail, remember the advice above. You must think about the long-term consequences of quickly bailing someone out at the expense of retaining an outstanding lawyer. You may regret it later on!

If you have any further questions regarding bail bonds, please call Shawn today at 616-438-6719! He knows how to get results! The call is free! Will you be?

Our Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.

Our Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, Stanton, Hastings, Newaygo, White Cloud, Zeeland and Allegan.

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criminaldefenselawcenterwestmich · 6 years

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Legal Problems

The article posted below this blog shows us the legal problems a defendant can have if they go with a court-appointed attorney. If you want an attorney who is going to be with you every step of the way, an attorney who will return your calls and talk to your family about your case (assuming you want them to have that information) then you need to hire retained counsel. I have not had one single person tell me that I never promptly returned their calls and kept them informed about what was going on in their case.

As the article points out, there are severe flaws in our state’s court-appointed attorney system. Do not rely on the state to solve the problem by throwing more money at the problem! Be part of the solution and hire retained counsel to represent you! It’s worth the money to call Shawn today at 616-438-6719.

Many times the wise words “you get what you pay for,” apply to court-appointed attorneys. Don’t be cheap! Do what you have to do to hire us today! Let us put our professional expertise to work for you in your time of crisis. Don’t risk your future liberty with legal problems that can be avoided by calling Shawn today at 616-438-6719!

Court Appointed Attorneys do Little Work

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criminaldefenselawcenterwestmich · 6 years

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Hit and Run

Failure to stop at the scene of an accident, better known as hit and run, is a traffic criminal offense in all Michigan courtrooms. The penalties for this charge depend on the injury or damage that has happened due to the accident. Anytime you have reason to know you were in an accident, you must stop and you must remain at the scene of the accident. It does not matter if the accident takes place on public or private property. A hit and run accident is a crime. You are required by law to stop and remain there until the requirements of the law are met.

The requirements are as follows:

Give your name and address, the registration number of the vehicle you are operating to a police officer or the driver.

You must show your driver’s license to a police officer or the driver

You must render assistance and medical aid to anyone who is injured in the accident.

While on the side of the road, you should take all steps necessary to make sure that your car is not obstructing traffic.

You can be charged with a felony if you fail to follow the law requirements above and your accident results in a serious impairment of a body function. This felony is punishable by up to 5 years in prison a fine of up to $5,000. If the accident you cause with your automobile from not following the law above cause a death, you will be guilty of a 15-year felony. The fine you could be hammered with is up to 10,000 dollars.

If you cause an accident that results in damage to a vehicle, you could only be guilty of a misdemeanor. This charge is only punishable by 90 days in jail and a $100 fine.

The implications of your accident carry more than just criminal charges, incarceration or fines. You also are facing driver's license sanctions from the Michigan Secretary of State once you have a criminal conviction. The punishments from the Secretary of State range from revocation of your license to a 90-day suspension and sometimes no suspension or revocation at all. You will receive six points on your license for failing to stop at an accident.

If you are facing any criminal charge related to leaving the scene of an accident, you need to call Shawn asap at 616-438-6719. The call is free! Shawn will be happy to answer any questions you may have and will work hard to get you results!

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criminaldefenselawcenterwestmich · 6 years

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College Discipline

If you are accused of Calvin College sexual misconduct, you need to be prepared for what you are going to be facing. A person who is part of the Safer Spaces Committee, assigned by the Safer Spaces Administrator and the SSA is the person who serves as the Title IX Coordinator. Members of the Safer Spaces Committee are all Calvin College faculty and staff.

If you are found to be guilty of Calvin College Sexual Misconduct, you will face discipline. The discipline will be imposed by the Calvin Hearing Panel. This hearing panel is made up of members who are part of the safer spaces committee.

Below we are going to give you a description of what to expect if you are facing Calvin College Sexual Misconduct Allegations. Below we will go into detail about every step of the process.

A COMPLAINT AGAINST YOU IS MADE

A Calvin College sexual misconduct investigation begins when a person files a complaint to the Safer Spaces Administrator. A complaint can be filed by the person who claims to be the victim or by anyone else in the college community, a guest or even a visitor to the college.

Complaints can start out by being made to the Safer Spaces Administrator. Another way a complaint can be made is by contacting a faculty member. Anyone who works at Calvin College has a duty to report all allegations to the SSA. Any employee who learns of a complaint regarding sexual misconduct is obligated to report those allegations to the Safer Spaces Administrator.

THE SAFER SPACES COORDINATOR THEN SITS DOWN WITH THE COMPLAINANT.

After a report of misconduct is made, a Safer Spaces coordinators will meet with the person who filed the complaint. During this stage, the coordinator will explain to the person who filed the complaint how the investigation and discipline process goes. This will include explaining the options, sources, support, and remedies that are available to the person who filed the complaint.

ARE INTERIM REMEDIES CALLED FOR?

After the meeting with the Safer Spaces Coordinator has to decide if interim remedies need to be imposed. Interm remedies are things such as counseling, changing housing, changing work assignments and providing campus escorts, and suspension of student organizations and security arrangements.

ASSIGNMENT OF AN INVESTIGATOR

After meeting with the complainant and potentially imposing interim remedies, the report will be given to one or more Safer Spaces Committee members. These members are trained to conduct things kinds of investigations. At this point and time, the investigator notifies the accused student they are under investigation.

BEGINNING THEIR INVESTIGATION

The Safer Spaces investigator, after completing an interview with the accused student and interviewing with the complainant, the investigator will interview all other witnesses.as well as any other witnesses they wish to interview. The investigator will also attempt to gather other types of evidence such as social media, photos, videos, text messages and interviews with the police if there is a criminal investigation going on. The investigator will try to have everything completed in 60 days. However, it may take longer to complete the investigation. If this is the case, they will notify the accused and the complainant.

If you are accused of sexual misconduct, you do not have to agree to be interviewed. You have to be very careful about what you say if you are being interviewed. What you say during this interview could be used against you in a criminal case. When it comes to charges dealing with Criminal Sexual Conduct, you could be facing up to life in prison. Your words could be twisted against you even if you deny doing anything wrong.

During this process, the accused has the right to choose and consult with an advisor. This advisor can be an attorney. This is also a tough situation to be in. On one hand, you want to up show the school you are innocent and try to avoid serious academic consequences. However, you don't want to say anything that will make you look guilty or get twisted around to put you in a bad light.

THE INVESTIGATOR CREATES A REPORT OF THE INVESTIGATION.

When the investigation is finished, the Safer Spaces investigator reports the results of the investigation.

THE SAFER SPACES COORDINATOR REVIEWS THE REPORT AND CHOOSES A RESOLUTION.

The Safer Spaces Coordinator will now look over the report and determine if the investigation has been thorough, fair and objective. If the report is found to be fair etc, a resolution process will begin. The resolution process can be no further action, additional investigation, informal resolutions, resolution without a hearing and a hearing.

After review of the RRI, the Safer Spaces Coordinator will choose the Report Resolution Process (RRP) that they believe is appropriate based upon the results of the investigation.

The only time a resolution is done without a hearing is when the accused admits responsibility for a policy violation and agrees with the proposed sanctions.

Where the facts or findings are disputed, a hearing will then take place.

THREE MEMBERS OF THE SAFER SPACES COMMITTEE WILL SERVE ON THE PANEL.

The hearing takes place in front of the Calvin Hearing Panel (CHP). The CHP is made up of three members of the Safer Spaces Committee. There will be a chair of the hearing and two other members. These members will not have involved with the investigation so far.

THE HEARING

The Calvin Panel will conduct a meeting and will look over the evidence. The evidence will include the report of the results of the prior investigation. The accused student will have a chance to respond to the evidence and given a chance to review it. The accused student will also have the right to have an advisor present during the hearing.

THE PANEL WILL HAVE DELIBERATIONS AND ISSUE RECOMMENDED FINDINGS AND SANCTIONS.

After the hearing, the panel will deliberate in private and decide on the findings and potential sanctions. There will be a written report. The will determine if it is more likely than not that a policy violation has taken place.

THE PRESIDENT OF CALVIN REVIEWS THE REPORT AND CAN MAKE CHANGES TO IT.

The President will review the RFS, and can change the findings or sanctions. Once this is done, the process moves along towards the implementation of sanctions. These sanctions could be something as simple as counseling, suspension for awhile or expulsion from school.

THE ACCUSED STUDENT OR COMPLAINANT MAY APPEAL THE FINDING AND SANCTIONS.

The accused student and the complainant can potentially file an appeal on limited grounds. The only grounds available for appeal are based on a procedural error that could have impacted the outcome, new evidence has come to light or the sanctions imposed were too harsh given the violation.

This hearing will be heard by a three-person panel made up for members of the safer spaces committee that have not had any prior involvement in the case. An appeal must be delivered in writing by either party within 14 days. Appeal decisions are issued within seven days and are final.

Our Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, Hastings, Stanton, White Cloud, Newaygo, Zeeland and Allegan.

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criminaldefenselawcenterwestmich · 6 years

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Heroin

HEROIN DESTROYING LIVES IN WEST MICHIGAN

West Michigan is a great place to live! We have friendly people, great land, and beautiful lakes to enjoy. However, when it comes to heroin, we are no different than a lot of other places across the United States. West Michigan has seen a huge increase in heroin overdoses that have resulted in death.

The main reason we have witnessed this horrible fact is the price of this drug has gone down. Heroin is cheaper than other illegal drugs such as cocaine. Since the price is lower, people are able to buy more heroin doses which leads to a greater increase in addiction and death from overdoses. Drug dealers in West Michigan are looking at harsh penalties if they are caught selling this drug in any court throughout West Michigan. Even if you are charged with a possession, the penalties can be stiff.

The link below is a story that recently made WoodTv New 8 in Grand Rapids, Michigan. The powerful story is about a young woman who died from a heroin overdose. If you are addicted to drugs, please call Shawn today at 616-438-6719. He can help you get the help you need! If you are charged with a crime for using or selling drugs, call Shawn today at 616-438-6719. The call is free! Don’t wait, call today!

http://woodtv.com/investigative-story/meghans-cry-battling-the-heroin-epidemic/

Our Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, Hastings, Stanton, White Cloud, Newaygo, Zeeland and Allegan.

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criminaldefenselawcenterwestmich · 6 years

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Independence Day

Happy Independence Day from The Criminal Defense Law Center of West Michigan. If you get in trouble this Independence Day, please call Shawn immediately at 616-438-6719. I will be happy to use my professional expertise to get you the best results possible. Enjoy these poems and remember this Independence Day that freedom isn’t free!

I walked through a county courthouse square, On a park bench an old man was sitting there. I said, “Your old courthouse is kinda run down.” He said, “Naw, it’ll do for our little town.” I said, “Your flagpole has leaned a little bit, And that’s a Ragged Old Flag you got hanging on it.

He said, “Have a seat”, and I sat down. “Is this the first time you’ve been to our little town?” I said, “I think it is.” He said, “I don’t like to brag, But we’re kinda proud of that Ragged Old Flag.”

“You see, we got a little hole in that flag there When Washington took it across the Delaware. And it got powder-burned the night Francis Scott Key Sat watching it writing -Oh Say Can You See-. And it got a bad rip in New Orleans With Packingham and Jackson tuggin’ at its seams.”

“And it almost fell at the Alamo Beside the Texas flag, but she waved on through. She got cut with a sword at Chancellorsville And she got cut again at Shiloh Hill. There was Robert E. Lee, Beauregard, and Bragg, And the south wind blew hard on that Ragged Old Flag.”

“On Flanders Field in World War I She got a big hole from a Bertha gun. She turned blood red in World War II She hung limp and low by the time it was through. She was in Korea and Vietnam. She went where she was sent by her Uncle Sam.”

“She waved from our ships upon the briny foam, And now they’ve about quit waving her back here at home. In her own good land she’s been abused — She’s been burned, dishonored, denied and refused.”

“And the government for which she stands Is scandalized throughout the land. And she’s getting threadbare and wearing thin, But she’s in good shape for the shape she’s in. ‘Cause she’s been through the fire before And I believe she can take a whole lot more.”

“So we raise her up every morning, Take her down every night. We don’t let her touch the ground And we fold her up right. On second thought I DO like to brag, ‘Cause I’m mighty proud of that Ragged Old Flag.”

Johnny Cash

Freedom is non-negotiable I do decree, However, at what price and when is freedom, no longer free. I ask this question because I am sure that we all agree, Our country has become so corrupt.

Our ruling politicians are causing chaos and unrelenting strife, While they abuse our trust, our taxes and embezzlement is rife,

When Joe Citizen finds it hard to stomach the deterioration of so many things, And our leaders believe that we are their pawns and they are the kings. When an immoral, unethical, dishonest leader expects us to jump when he sings, Is the reason that all creed and colors are looking abroad to spread their wings.

Our leaders must realize circumventing the law for self-enrichment is not the key, If we want our country to be prosperous and to be revered internationally. A leader’s job is not to dictate, but rather to be respected, admired and be a trustee, Of the land we love, with so much potential, a land which should be freer than free.

Michael Sage

Our Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, Hastings, Stanton, White Cloud, Newaygo, Zeeland and Allegan.

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criminaldefenselawcenterwestmich · 6 years

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Defending The Accused.

If you are a person who is innocent of child molestation, being accused of such a heinous crime is a terrifying experience. Perhaps without warning, your life has been torn apart by a kids' lie. Your neighbors, friends, family members and society as a whole are suspicious of you. The penalties for the crime you are being accused of could destroy you. You may very well be fired from your job, lose your family, experience a loss of friends and of course your freedom.

Kids lie. They can lie about simple things like if they cleaned their room. Kids lie about extremely important issues like if they stole. And if you are wondering if kids lie about being sexually abused the answer is yes!

As any lawyer who has represented someone accused of criminal sexual conduct against a child knows there is a myth out there that kids wouldn't lie about sexual abuse. The cold harsh reality of those charged with child molestation is that the vast majority of jurors will take the word of the kid as all the evidence that is needed to convict someone of sexual assault. So much for the benefit of the doubt with regards to the presumption of innocence. If you are charged with child molestation, you need an attorney that understands you will need to aggressively act to prove your innocence if you take your case to trial.

So why do kids lie? There are various reasons why. The key to understanding is to find out as much as possible about the child, to examine the family life to see what was going on in the child's life when they told the lie. Adults can influence a child to tell a lie regarding sexual assault. A child may sometimes lie because they believe it will help get them out of trouble.

Once your attorney has established a reason why the child has told a false story, your attorney must be able to provide this story to the jury in a clear-cut manner that a jury finds believable.

If you are looking for an experienced attorney who has handled Criminal Sexual Conduct charges before, you need to call Shawn at The Criminal Defense Law Center of West Michigan today. We have the attorneys who know that it is important to discover why a child is lying about your case. We understand that you need to have an attorney who will feel driven to prove your innocencea at trial. We have the attorneys that will be ready to cross-examine the child effectively at trial.

Call us today at 616-438-6719! The call is free!

Our Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, Hastings, Stanton, White Cloud, Newaygo, Zeeland and Allegan.

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criminaldefenselawcenterwestmich · 6 years

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Disorderly Person

The Criminal Defense Law Center of West Michigan has represented people charged under Michigan’s “disorderly person” statue. This statute reads that a “person who is intoxicated in a public place and who is either endangering directly the safety of another person or property or is acting in a manner that causes a public disturbance.” There are also many city ordinances as well that deal with disorderly person charges. For example, one local city ordinance states that “No person shall be intoxicated in a public place and endanger directly the safety of another person.”

The Michigan Court of Appeals and the Michigan Supreme Court have found that “public disturbance” does not provide clear guidance as to what kind of conduct might be illegal. What one person finds disturbing, another person might not find disturbing at all.

Michigan Courts have solved this problem by focusing on the portion of the law that makes it a crime to directly endanger a person’s property or safety. A person can not get in trouble for just being drunk, a person must be drunk and engage in actions that directly endanger a person’s safety or property. Under this current law, it is not illegal to be a danger to yourself.

You can endanger your own safety and that is not illegal. If you pass out from being intoxicated on a sidewalk outside a restaurant, unless there are more facts, you are not guilty of disorderly person. If you hire The Criminal Defense Law Center of West Michigan to represent you, we will raise this defense where it is appropriate.

One other important thing to note about disorderly person charges is that the conduct must take place in an area that open to the public. As a general rule of thumb, a public place is considered an area that is open for business or visitation by any member of society. A restaurant is a good example of a public place.

The maximum punishment for this charge is 90 days in jail and/or a $500.00 fine. Don’t face these charges alone. Call Shawn today at 616-438-6719. He will be happy to answer any questions you have and make sure your rights are protected.

Our Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, Hastings, Stanton, White Cloud, Newaygo, Zeeland and Allegan.

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