Former Michigan Prosecutor | Jonathan Andrew Paul
  • Crimes
    • Domestic Violence
    • Retail Fraud
    • Drug Offenses
    • Assaultive
    • College/Tailgate Offenses >
      • Minor in Possession
      • Ann Arbor MIP
      • Ann Arbor Fake ID
      • Ann Arbor UIP
      • Ann Arbor Open Container
    • Resisting Arrest
    • Handling a Traffic Ticket
    • Careless/Reckless Driving
    • Probation Violation
    • Early Discharge Probation
    • Larceny
    • Malicious Destruction of Property
    • Embezzlement
    • Juvenile Charges
  • Drunk Driving
    • Evidence >
      • Chemical Tests >
        • Implied Consent Law
        • Independent Chemical Test
        • Single Car Accident | DUI Defense
        • Effects of Body Temperature
        • Cross-Examining the DataMaster
        • Blood Testing 101
        • Impact of Methyl Alcohol/Paraldehyde
        • Radio Frequency Issues w/DataMaster
      • Right to Counsel
      • Preliminary Breath Test (PBT)
      • Field Sobriety Tests
      • Police Traffic Stop >
        • Sleeping in Car Defense
        • Cross-Examination - The Not Driving Defense
      • Police Statements
    • DUI Consequences >
      • Ignition Interlock
      • Restitution
      • Vehicle Immobilization
      • Travel Restrictions
      • Child Custody
      • Employment/Education
      • Traveling to Canada?
      • Vehicle Forfeiture
      • Civil Liability
      • Commercial Driver's License
    • DUI Trial Guide >
      • Jury Selection
      • Opening Statement
      • Cross-Examination
      • Closing Argument
      • Jury vs Bench Trial
    • Setting Bond >
      • Alcohol/Drug Testing Part #1
      • Alcohol/Drug Testing Part #2
      • Posting Bond
    • DUI Offenses >
      • Operating While Intoxicated
      • Operating While Visibly Impaired
      • Super Drunk/High BAC
      • Operating Presence of Controlled Substance
      • Child Endangerment
      • Felony Drunk Driving
      • DUI Under 21 Years Old
      • DUI Causing Injury/Death
    • Sobriety Court
    • DUI Pardons
  • Hiring a Super Lawyer
  • Courts
    • Wayne County >
      • More Courts >
        • Allen Park
        • Dearborn Heights
        • Detroit
        • Ecorse
        • Hamtramck
        • Harper Woods
        • Highland
        • Lincoln Park
        • Redford
        • Southgate
        • Taylor
        • Woodhaven
        • Wyandotte
      • Plymouth
      • Northville
      • Canton
      • Romulus
      • Livonia
      • Dearborn
      • Grosse Pointe
      • Westland
    • Oakland County >
      • Novi
      • Troy
      • Southfield
      • Royal Oak | Berkley
      • Rochester Hills
      • Farmington Hills
      • Bloomfield Hills
      • Waterford
      • Clarkston
      • Oak Park
      • Pontiac
      • Ferndale/Madison Heights/Hazel Park Drunk Driving DUI Criminal Attorney | Oakland County
    • Washtenaw County >
      • Ann Arbor
      • Chelsea
      • Pittsfield Township
      • Saline
      • Ypsilanti 14A
      • Ypsilanti 14B
    • Macomb County >
      • Center Line
      • Clinton Township
      • Eastpointe
      • Fraser
      • New Baltimore
      • Romeo
      • Roseville
      • Shelby Township
      • Sterling Heights
      • St. Clair Shores
      • Warren
    • Other Counties >
      • Livingston County
      • Monroe County
      • Jackson County
      • Lenawee County
      • East Lansing
  • Expungement
    • DUI Expungement
  • 5-Star DUI Defense
  • FAQ
  • Legal Guides
    • DUI Expungement
    • Arrested in Michigan? NOW WHAT!
    • Being Investigated?
    • 18 Key Questions for DUI's
    • Michigan License Restoration
  • Client Reviews
  • Growth Mindset
  • Inside the Prosecutor Mind
    • Drunk Driving >
      • OWI First Offense
      • OWI Second Offense
      • OWI Third Offense
      • Field Sobriety Tests
      • Chemical Tests
      • Implied Consent
      • Hardship License
      • Sobriety Court
    • Expungement
    • Assault/DV Charges >
      • Domestic Violence
      • Misdemeanor Assault
      • Felonious Assault
    • Theft Offenses >
      • Retail Fraud
      • Embezzlement
      • Larceny
    • College Offenses >
      • Open Container
      • Minor in Possession (MIP)
      • Urinating in Public
      • Fake ID
    • Drug Charges >
      • Felony Drug Possession
    • Driving - Traffic >
      • Reckless Careless Driving
      • Driving While License Suspended
      • Leaving Scene of Accident
    • Disorderly Conduct
    • Probation Violation
    • Resisting Arrest
    • Malicious Destruction of Property
    • Travel Requests
    • Bond Violations
  • Contact Me
  • Leading with Empathy

Third offense drunk driving - DUI Attorney - OWI Charged with a Felony 35th District Court - Arraignment, Bond, Bail

5/13/2017

0 Comments

 
Michigan DUI third offenders face mandatory jail time and the possibility of having a felony conviction on their record.  A Michigan DUI third offender has two prior convictions for drunk driving without any time limit for receiving these convictions.  The old rule said that the prior offenses had to be within 10 years, but that is no longer the case.

As a Michigan DUI third offender, you will have an arraignment and pre-examination conference; there will be an opportunity to challenge the probable cause of the offense at preliminary examination.  Too often, attorney's who are not experienced in trying drunk driving cases will waive the right to the examination; this is a big mistake.

The most fruitful opportunity during preliminary examination is the testimony of the arresting officer.  Your attorney will be able to lock-in the officer's testimony, and lock out additional testimony.  Chances are the arresting officer will only change or add to his testimony at trial to assist the prosecution's case, which your attorney will be able to point out by referencing the prior testimony, which was closer in time to the incident.  The officer's testimony can also be helpful in drafting Motions in a Michigan DUI Case.

The most obvious advantage of holding a preliminary examination is to find out additional information about the prosecution's case.  Knowing the answers to questions, which are not presented in the police reports allow for superior trial preparation.  Hearing from the officer prior to trial will also allow your attorney to compare the officer's account of the facts to the clients account of the events.  This could be important in determining the Defendant should testify during trial.

If the case is bound over to the circuit court via an Michigan preliminary examination or waiver, you will be re-arraigned on the felony charges in circuit court and proceed to a final case resolution.  Felony sentencing follows guidelines, which are not followed at the misdemeanor level for a first or second offender.

As someone facing a Michigan DUI third offense charge, your number one priority is minimal jail time, but there is a mandatory jail term of 30 days, with the possibility of up to five years in jail. Your attorney may be able to inquire about work release, house arrest, weekend work detail and other jail alternatives, but most judges stick to the mandatory jail sentence.

Along with jail considerations, you could face fines that range from $500-$5000, mandatory driver responsibility fees of $1,000 for two years and 60-80 days of community service.  The state can put your vehicle into forfeiture proceedings and will immobilize your vehicle for one to three years.   The state will take away your privilege to drive for a minimum of one year, but could take away your privilege for the rest of your life; driving is a privilege, not a right in the State of Michigan.

Along with these life alternating penalties, a felony conviction means you will ineligible for certain jobs, licenses and will no longer be able to serve on a jury or vote.  Your must hire an experienced Michigan DUI attorney to be your advocate during this life alternating challenge.

In Michigan, felony charges are guided by the Michigan Sentencing Guidelines.  While most Michigan DUI offenses are misdemeanors, there are three common felony charges:

The sentencing guidelines were enacted to ensure consistency and uniformity in procedures around the state.  At sentencing, you will have a unique "prior record variable" score which will depend upon your prior record, including felonies, juvenile convictions and misdemeanor offenses.

Once you have your PRV, the offense variable (OV) score must be determined.  The OV is based upon the very nature of the current offense, and if the offense is violent, dangerous, or a number of other factors.  Combining the PRV and the OV, you will be left with the sentencing range.  

At sentencing, the prosecutor and your attorney will present their scores and arguments regarding what the proper number should be for the defendant.  The court will hear both arguments and review the determined range, but the court has discretion when imposing a sentence.  It's possible for the range and mandatory sentences to differ; your range may be 0 to 6 months, but for a Michigan third offense DUI conviction, you must serve a minimum of 30 days in jail.  It's important to have a clear picture of the expectations for your sentencing. ​

Click here to read the 35th District Court Survival Guide

0 Comments

Reckless Careless Driving 35th District Court Northville Canton Plymouth Attorney

5/13/2017

0 Comments

 
If you have been charged with either Reckless or Careless Driving in Michigan, it's important to know what the prosecution must prove. If charged with either offense, most jurisdictions will offer a plea to a lesser charge, but if the prosecution cannot prove the charge, why should you plea? You should not plea to either offense if facing a weak case, because both crimes carry substantial driving sanctions for your Michigan license.  If charged with reckless or careless driving, and you are not offered a plea then you should most certainly challenge the charge.

These two offenses can have a major impact on your driver's license, and could sink you financially.  As your attorney, we will work to defeat the case or have the matter dismissed.  As a former prosecutor, I will also engage in negotiations with the prosecuting attorney, and get you the best possible plea deal as a backup plan.  I will provide you options, and we will decide the best path together as a team. 

Click here to read more 
0 Comments

Marijuana Possession 35th District Court - Drug Paraphernalia - Weed - Pulled over - Traffic Stop Wayne County Canton Plymouth Northville

5/13/2017

1 Comment

 
Marijuana possession cases in Michigan have four outcomes.  Your case could be dismissed due to suppression of evidence or unavailability of a witness, you may enter into a negotiated plea agreement to a reduced charge with a sentencing agreement, including a dismissal of charges, or you may go to trial and be found not guilty or you go to trial and you're found guilty.

So how do I get you the best outcome for your Michigan marijuana possession case?  

Click here to read more http://www.michiganlawgrad.com/proactive-criminal-defense---michigan-possession-of-marijuana.html
1 Comment

Shoplifting Retail Fraud 35th District Court First Offender Wayne County Attorney

5/13/2017

1 Comment

 
If you've been charged with a Michigan Retail Fraud for the very first time, this doesn't make you a criminal or a bad person.  I see clients on a daily basis who have have never been been arrested in their life.  It's quite common that a good person will get themselves in a bad situation, which results in being charged with a Michigan Retail Fraud. 

The crime of retail fraud is by far the most common offense for a first offender.  It's disheartening to sit across from a person who can't explain why they committed the crime, and they wish could go back in time and not make the same mistake.  A conviction for retail fraud could be extremely damaging for keeping or getting a new job.  This is where I come into play - I can help you move forward without this mistake affecting the rest of your life.  It is quite possible to keep this incident off of your criminal record

Click here to read more
1 Comment

Minor in Possession MIP Attorney - Underage Drink Penalties Wayne County First Offender

5/13/2017

1 Comment

 
​If you've been charged with a Michigan Minor in Possession for the very first time, this doesn't make you a criminal or a bad person.  I see clients on a daily basis who have have never been been in trouble, but find themselves being arrested or investigated for a crime.  It's quite common that a young person will get themselves in a bad situation, which results in being charged with a Michigan MIP.  Being charged with this offense is not the end of the world; there are plenty of options to keep a clean criminal record.  

Michigan law states that a minor may not purchase, consume, possess, or attempt to do any of those things or have any bodily alcohol content. Any bodily alcohol content is defined as either (1) an alcohol content of .02 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or (2) any presence of alcohol within a person’s body from the consumption of alcoholic liquor.

Possible penalties for a Michigan MIP include the following:

- fines ($100 for first offense; $200 for second offense; $500 for subsequent offenses)
- court costs ($150–$700)
- probation (four months to two years for subsequent offenses)
- community service (10–100 hours)
- probation oversight fees ($30–$50 per month)
- alcohol education
- victim’s panel (Mothers Against Drunk Driving)
- substance abuse treatment/counseling
- drug/alcohol testing
- preliminary breath tests (PBTs) (may be ordered on a regular basis—daily, weekends, holidays ($5–$12 per test))
- random drug urine screens (may be ordered ($12–$70)
1 Comment

Drunk Driving DUI Attorney - Traffic Stop 35th District Court Plymouth Northville Canton - OWI Arrest

5/13/2017

1 Comment

 
When I review a police report of a client's DUI arrest, I look to see the stated reason for pulling my client over.  While there are usually multiple cited reasons, a reason of weaving within the lane is NOT a legal reason to pull a client over.   Second, the officer might list weaving or weaving outside of the lane in the report, but a review of the video shows just wearing within the lane

If all we have is weaving within the lane then this stop should be challenged.  Under Michigan law, specifically MCLA 257-642 requires that "a vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascerttained that the movement can be made with safety" 

Further there has been cases where a court has struck down a traffic stop where the driver briefly left the lane, specifically "observation of the motor home briefly entering the emergency lane is insufficient to ive rise to probable cause of the traffic violation"

Read the 35th District Court DUI Survival Guide
1 Comment
    Picture
    Click to Email Me
    Call Me:
    248-924-9458

    35th District Court

    Picture
    Picture
    Picture
    Picture
Representing clients in Ann Arbor, Canton, Brighton, Howell, Saline, Adrian, Taylor, Plymouth, Northville, Westland, Ypsilanti, Pittsfield Township, Warren, Sterling Heights, Farmington, Pontiac, Romulus, Lansing, Novi, South Lyon, Southfield, Birmingham, Bloomfield Hills, Royal Oak, Troy, Rochester, Jackson, East Lansing, Garden City, Livonia, Dearborn, Detroit, St Clair Shores, Hazel Park, Ferndale, Madison Heights, Waterford, Milford, Shelby Township Clarkston, Oak Park, Berkley, Fraser, Sterling Heights, Clinton Township and others throughout Washtenaw, Wayne, Monroe, Jackson, Saginaw, Macomb, Ingham, Lenawee, Charlevoix, Ottawa, Clinton, Eaton, Kent, Crawford, Allegan, Emmet, Barry, Kalkaska, Berrien, St. Clair, Livingston, Oakland County & Northern Michigan 

Representing clients faced with DUI/drunk driving, retail fraud/shoplifting, drug charges, MDOP, domestic violence, reckless driving, disorderly conduct, careless driving, leaving the scene of an accident, fake ID, open container, UIP, early termination probation  and other misdemeanor and felony charges. 

Evening & Weekend Service Available Call Me: 248-924-9458

Picture

Ann Arbor Office Location

Plymouth Office Location

Michigan Defense Attorney Jonathan Paul - Former New York & Michigan Prosecutor