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Welcome to our My Michigan Legal blog page. Here we will post legal updates and analysis of recent legal topics in Michigan and important things that you should know. Feel free to use the search box to the left to search for specific legal topics within our blogs. This page will continually be updated with new topics and blogs. Make sure to sign up to receive email updates anytime new legal blogs are posted on this page so you can stay on top of Michigan laws and legal updates.

By Nader Nassif April 22, 2023
If you have been charged with a crime in Michigan, it is important to understand the criminal laws in Michigan. While each case is unique, understanding the specifics of the crime you are charged with and the potential consequences can help you make informed decisions about how to move forward with your defense. In this article, we will provide an overview of Michigan's criminal laws to help you better understand your situation. Criminal Law in Michigan Michigan's criminal laws are outlined in the Michigan Penal Code . The Penal Code covers a broad range of offenses, including assault, robbery, theft, drug offenses, homicide, and sexual assault. The penalties for these crimes vary widely depending on the severity of the crime and other factors. One important thing to note is that Michigan is a " three strikes " state. This means that if you are convicted of three felony offenses, you could face life in prison without the possibility of parole due to being a habitual offender. As a result, it is particularly important to understand the consequences of even minor criminal offenses, as they can have long-term implications for your future. Classification of Crimes In Michigan, crimes are classified as either misdemeanors or felonies. Misdemeanors are less serious offenses, such as driving under the influence, minor drug offenses, and disorderly conduct. Misdemeanors carry a maximum of one year in jail for certain offenses. Felonies, on the other hand, are more serious offenses such as homicide, sexual assault, and drug trafficking. Felonies generally carry much more severe penalties, including significant jail or prison time and fines. Sentencing Guidelines Michigan uses a set of sentencing guidelines to determine the penalties for felony criminal convictions. These guidelines take into account the severity of the crime, the defendant's prior criminal record, and other factors that may impact the defendant's sentence. The guidelines are advisory, which means that judges are not required to follow them, but they are often used as a starting point for determining the appropriate sentence. In addition to the sentencing guidelines, Michigan also has mandatory minimum sentences for some offenses. This means that, regardless of the specifics of your case, you will face a minimum amount of jail time if convicted of certain crimes. Defenses to Criminal Charges If you have been charged with a crime in Michigan, you have the right to mount a defense. There are several common defenses to criminal charges, including self-defense, lack of intent, and alibi. Self-defense is a common defense to assault charges. If you reasonably believed that you or someone else was in danger and acted in self-defense, you may be able to successfully argue that your actions were justified. Lack of intent is another common defense to criminal charges. If you can demonstrate that you did not intend to commit the crime you are charged with, you may be able to have the charges against you lowered or dismissed. Finally, if you can provide proof that you were somewhere else at the time of the crime, you may be able to argue an alibi defense. This can be particularly effective if you have eyewitness testimony or documentation to support your alibi. Conclusion Being charged with a crime is a stressful and difficult situation, but understanding Michigan's criminal laws and your rights as a defendant can help you make informed decisions about your defense. If you are facing criminal charges in Michigan, it is important to contact an experienced criminal defense attorney who can help guide you through the legal process and fight for your rights. Call us at My Michigan Legal today so we can help.
By Nader Nassif April 22, 2023
Drug charges are taken seriously in Michigan, and convictions can result in severe consequences, including jail time, fines, and damage to your reputation. If you or someone you know is facing drug charges in Michigan, it is essential to act swiftly and work with an experienced criminal defense attorney who can help defend against these charges. In this article, we will discuss strategies and outcomes for defending against drug charges in Michigan. Strategies for Defending Against Drug Charges There are several strategies that a criminal defense attorney may use to defend against drug charges in Michigan. These strategies include challenging the legality of the search or seizure that led to the discovery of drugs, arguing that the drugs belong to someone else, and negotiating a plea bargain to reduce charges or penalties. Challenging the Legality of the Search or Seizure : If the search or seizure of drugs is in violation of the Fourth Amendment to the U.S. Constitution, a criminal defense attorney can argue that the evidence should be suppressed. This could lead to the dismissal of the case or a reduction in the severity of the charges. Challenging the Possession of the Drugs : If the drugs were not found in the direct possession of the accused, then it may be argued that the drugs in question were not the Defendant’s. Additionally, it may be important to have the drugs retested to determine what the composition of the substance is. Negotiating a Plea Bargain : In some cases, negotiating a plea bargain may be the best option. A criminal defense attorney can work with the prosecutor to negotiate a deal that reduces charges or penalties in exchange for a guilty plea. This could reduce the length of the sentence or avoid lengthy court proceedings altogether. In some cases, it can lead to a dismissal of charges after a probationary period. Outcomes for Drug Charge Cases The outcome of a drug charge case in Michigan depends on several factors, including the type and quantity of drugs involved, the defendant's criminal history, and the defendant's personal circumstances. However, there are a few typical outcomes for drug charge cases in Michigan. Dismissal of the Case : In some cases, a drug charge case may be dismissed because of a lack of evidence or due to a legal reason. Legal reasons can include the suppression of evidence due to a bad search or a break in the chain of custody that renders the evidence inadmissible. Acquittal : If the prosecution cannot prove beyond a reasonable doubt at a trial that the defendant committed the alleged drug crime, the result may be an acquittal, which means the defendant is found not guilty. Plea Deal : If the defendant enters a guilty or no contest plea as part of a plea bargain, they will be convicted of the drug charges and may face reduced charges or penalties. If the defendant pleads guilty under a deferred sentence or first offender program, then a conviction can be avoided. Additional convictions can also be avoided through a plea deal. Trial Conviction : If the defendant is found guilty at trial, then they will be convicted of the drug charges and may face significant jail time, fines, and other penalties. Conclusion Drug charges can have severe consequences in Michigan, but there are strategies that a criminal defense attorney can use to defend against these charges. Whether it is challenging the legality of the search or seizure, arguing that the drugs belong to someone else, or negotiating a plea bargain, an experienced attorney can develop a suitable defense that gives you the best possible outcome for your case. If you or someone you know is facing drug charges in Michigan, it is essential to work closely with a criminal defense attorney who has experience with drug charges. They will help you understand your legal options and work with you to develop a defense that protects your rights and ensures the best possible outcome. Call us at My Michigan Legal today so we can help.
The Process to Restore Your Gun Rights in Michigan Following a Conviction
By Nader Nassif April 22, 2023
If you have lost your gun rights in Michigan due to a conviction, you may be wondering if there is a way to restore them. The good news is that in some cases, it is possible to regain your rights to possess firearms. However, the process can be complicated and time-consuming, so it is important to have a clear understanding of the requirements before you begin. Eligibility First, you should determine if you are eligible to have your gun rights restored. In Michigan, certain types of convictions automatically result in a permanent loss of gun rights. These include felony convictions that involve the use or attempted use of force or violence, or those that involve a controlled substance. If your conviction falls into one of these categories, you may not be eligible for restoration of your gun rights. Michigan Law under MCL 28.424 prescribes what is required before gun rights can be restored. Assuming that you are eligible, the first step in the process is to obtain a copy of your criminal record. You can do this by contacting the Michigan State Police and submitting a request for your criminal history. You can also look it up online using ICHAT . It is important to carefully review your record to ensure that all of the information is accurate. Application for Restoration of Gun Rights Next, you will need to complete an application for restoration of your gun rights. This application will require information about your conviction, including the date, the charges, and the sentence. You will also need to provide information about your personal and professional history, including employment and education. Once you have completed the application, you will need to submit it to the Michigan State Police. The application will be reviewed by the Michigan Department of State Police, which will determine whether you meet the eligibility requirements for restoration of your gun rights. If your application is approved, you will need to attend a hearing before a judge. At the hearing, you will be required to present evidence that demonstrates that you have met certain criteria. This may include evidence of rehabilitation, such as completion of a treatment program or community service. You may also need to provide character references and other documentation that supports your application. Once the Judge Makes a Decision If the judge grants your application, you will receive a court order restoring your gun rights. It is important to keep a copy of this court order in a safe place, as you may need to provide it as proof of your restored rights in the future. It is worth noting that the process to restore your gun rights can take several months, or even longer. It is important to be patient and to follow all of the steps carefully to ensure that your application is complete and accurate. It is important to understand that restoration of your gun rights is not automatic. Even if you meet all of the eligibility requirements and present compelling evidence at your hearing, the judge may still choose to deny your application. This is why it is critical to submit your strongest application possible. One common reason for denial is if the judge determines that restoration of your gun rights would not be in the best interests of public safety. This may occur if your conviction involved a serious violent crime, or if there is other evidence to suggest that you may pose a risk to others. Conclusion Restoration of your gun rights in Michigan is a complex and time-consuming process. It is important to carefully review your criminal record and to understand the eligibility requirements before beginning the process. If you are eligible, it is critical to follow all of the steps carefully and to provide compelling evidence at your hearing. With patience and persistence, it is possible to regain your rights to possess firearms in Michigan. If you are looking to restore your gun rights, then give us a call at My Michigan Legal so we can help.
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