Former Michigan Prosecutor | Jonathan Andrew Paul
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Arrested for Domestic Violence - what are my options in Michigan if I already have a criminal record?

12/6/2018

 
When contacted by a client charged with domestic violence in Michigan, we have a number of options. 

One option may be a trial where we contest the charges, another may be working out an agreement with the prosecutor and judge to fit the clients goals.  Common goals in a Michigan domestic violence case are avoiding jail, dismissal of charges and learning from the matter in a way which puts the bad parts in the past, and allows the client to focus on a more positive future.  

I would say 99.9 percent of my domestic violence clients found themselves in a situation which got out of control, and in reality both sides are to blame.  When things cool down, and everyone is removed from the situation, usually everyone agrees that it should be an opportunity to learn and grow from it rather than long-time harm to the client, and potentially a disruption of another wise happy relationship. 

Sometimes alcohol or drugs are involved that turns lab-abiding responsible people into someone who breaks the law.  In this case, we may need to focus our efforts on the alcoholism to get to the root of the issue.  

If the alleged victim in a case is "supportive" of the client, there's a good chance a reasonable deal can be worked out that the victim agrees, along with the prosecutor, and the outcome matches many of our goals. 

It's important to keep long-term goals in mind when it comes to resolving these cases.  If my client already has a criminal record, we need to keep eligibility for expungement in mind.  In Michigan, you can only have up to 2 misdemeanors to remain eligible.  If my client has one prior misdemeanor, he can only receive one more before the expungement door closes on him.  

If a client comes to court with multiple criminal charges, a key goal might be dwindling it down to one charge in order to keep expungement an option.  The majority of clients do not understand the distinction and without a lawyer may be closing the door on the opportunity to have no criminal record down the road. 



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Representing clients faced with DUI/drunk driving, retail fraud, possession of marijuana, domestic violence, MIP/in possession and other misdemeanor and felony charges. 
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Michigan Defense Attorney Jonathan Paul - Former New York & Michigan Prosecutor