What to Do After a DUI Arrest in Michigan

Posted on by Michigan Gun Law

Flashing lights in the rearview mirror usually mean bad news for someone. If that someone is you because you are suspected of driving under the influence, here’s what you need to do if you’re arrested. Please keep in mind that these are suggestions on what to do, because only a practicing, trained lawyer can advise you of exactly what to do for your unique situation.

1) Get sober in jail. Depending upon your blood alcohol level, it may be a while before you are deemed sober and released from custody. 

2) Get arraigned. To be able to get bond or any other form of leave from jail, you must be arraigned by the court. Usually this entails being charged with the particular offense at issue. This can range from:

  • Operating While Intoxicated (OWI) – first offense
  • OWI with a high blood alcohol content (BAC) of .17 or higher
  • OWI second offense
  • OWI third offense (which is a felony)
  • All prior offenses count here, so your “first offense” may not register as a first offense

You will come before a judge or magistrate who will explain the charges that have been brought against you along with the punishments associated with those charges. In addition to jail time, there are also potential fines, court costs, and probation as well as license sanctions and driver responsibility fees.

3) Plead and get bail/bond. What you plead is ultimately up to you, but the chances are very good that a plea of “not guilty” is the best option. Sometimes, it is not. It is best to consult with your lawyer on what to do next. Once you have plead, you will be assessed bail or bond, which is the amount of money that you must put up as collateral to ensure your presence at the next phase of the proceedings. The magistrate or judge has the final say in what the bail or bond will be, and it can range from a personal bond (as in your word, no money) to $500. The more serious the charges, of course, the higher the bond. Depending upon the nature of your charges, the judge or magistrate may also require ongoing drug and/or alcohol testing. 

4) Find a lawyer. The magistrate or judge will advise you at the hearing of your right to representation, along with your right to a jury trial and other essential rights enshrined in the Constitution. At this point, the right that you should be most focused on using is that of representation. Finding a lawyer who is knowledgeable in OWI in Michigan can mean the difference between a conviction on your record and jail time, and a lesser charge with probation, or even complete dismissal of the charges.

5) The lawyer will investigate. Part of the benefit of having an attorney by your side through this process is that the attorney will independently investigate the nature of the charges and the circumstances surrounding the arrest. They will look at questions such as whether the stop itself was lawful, whether department policies on testing were followed, and if the police actually saw you driving and for how long. The attorney can request evidence surrounding the traffic stop including video of the arrest, logs of the testing, and any 911 call transcripts.

6) Pre-Trial Hearing. Again, having an attorney by your side at this stage of the proceedings is immensely valuable especially if the attorney has identified serious errors in the way the arrest was handled. The pre-trial hearing is often the time when an attorney can argue that the charges should be dismissed entirely due to impropriety or insufficient evidence or through exclusion of evidence on technical grounds.

7) Disposition. Assuming the charges are not dismissed, it is still extremely beneficial to have counsel with you at this stage of the process because they can help negotiate lesser charges, lesser penalties, and lesser sanctions. Chances are that anything less than what is being offered by the district attorney will be an improvement in matters. Not only can counsel help negotiate punishment, they can also help to mitigate sanctions such as license restrictions that can wreak havoc on future driving ability, testing requirements, and fines.

If you have been arrested for OWI in Michigan, it is critical to find competent and knowledgeable counsel who can help you get the best possible outcome. The team at Michigan Gun Law is ready to help you today.                                                                                          

6 Tips to Keep Your Guns Safe at Home, Away from Children

Posted on by Michigan Gun Law

It seems as if we everyday we hear a news story about another child who got access to their parent’s gun and injured themselves or another—or worse. Most of these accidents are preventable, and gun owners need to take some steps to truly prevent them. Here are some tips on how to responsibly child-proof your firearms.

1) It’s your responsibility. Remember that as the owner of the firearm, you are responsible for it and who has access to it. Responsibility also determines liability. In this respect, a firearm is much like a car. If it gets into the wrong hands and is used to harm others or property, you are responsible for the liability that flows from that act.

2) Hiding a gun is not safe storage. Children are particularly good at finding things you don’t want them to. They have the motivation and the time to spend meticulously going through a closet and would likely be thrilled to find something as interesting as a gun. Similarly, burying it in the back of a drawer, on top of a dresser, or in other crevices and nooks will not ensure that the firearm stays out of the hands of children.

3) Unloaded guns are the safest. Always store your firearm unloaded. Always confirm that your firearm is unloaded, especially if you loan it to a family member or another adult. When you get the firearm back, double check to make sure that it is not loaded. Unloaded guns should also be kept in a locked cabinet, gun safe, or other vault that is not readily accessible. Locking mechanisms should be secure and not easily destroyed or tampered with.

4) Store ammunition separately. Even if a child finds an unloaded gun, tragedy can still be avoided if they cannot find the ammunition. Thus, store the ammunition somewhere else that is also locked, such as a strong box, small safe, or other secured location. Again, the locking mechanism should be secure.

5) The more locks, the better. There are numerous gun locking devices on the market including cable-style locks that are all designed to render the gun useless to unauthorized users. If you decide to disassemble the firearm, be sure to store the various parts in separate locked locations. In the event you have a firearm for home protection and need to have ready access to it, there are special cases on the market that are can be opened quickly only by the owner or authorized user.

6) Educate your kids. Just as you teach your children not to touch a hot stove or get into the household chemicals, teach them also about gun safety. First and foremost, teach them that if they find a gun in your house or anywhere else for that matter to stop and do not touch it. Teach them to notify an adult of what they have found so that it can be handled safely. Also counsel them that toy guns can look an awful lot like a real gun and when in doubt, not to touch it and find an adult. Finally, instruct your kids not to go snooping for guns in your house and not to let their friends do it either.

If you have questions about your rights and responsibilities as a gun owner, contact Melissa Pearce who is familiar with local, state, and federal gun laws as well as the rights and responsibilities of firearm owners.

4 Most Common Mistakes When Choosing a Guardian

Posted on by Michigan Gun Law

When you are making out your estate documents and considering what should happen to your assets when you die, consider also the situation where you are alive, but unable to take care of yourself or manage your assets. Who will step in to take over for you when you are not able to do it yourself anymore? What normally happens in this situation is that a guardian is named for you and your estate by the courts. However, know that you can proactively appoint someone to this position before you find yourself in that situation. With that in mind, here are the mistakes you should avoid when naming a guardian.

1) Naming one person. There is a reason why important offices with a number one person have a designated number two, three, and four. They know that if something happens to number one, someone must be there, ready to fill in and take over. The same concept applies when choosing a guardian. If you name one person and one person only, you are betting a lot that this person will step up and take on the role if/when the time comes. It is far better to name a succession of people. It does not hurt to have a first, second, and even third option who can be called upon if the designee is unwilling or unable to do the job when it becomes necessary.

2) Not telling the people you’ve named. Surprises are nice for birthdays, but it is a rare person who is pleasantly surprised that they have been named the guardian for someone without having been consulted as to whether they wanted or would be able to do the job first. Depending upon your situation when a guardianship becomes required, the person named as your guardian may inherit close to a full-time job. It is only fair to ask the people you are considering appointing if they want the job in the first place.

3) Not looking outside of the family. In this day and age, many people’s blood relatives live states or even countries away. In their place, “family” relationships have been filled with friends and honorary family members who, while not related to a person, still hold an important position in their life. When considering who to ask to be your guardian, do not limit yourself to your traditional family. Think about who you trust the most with your affairs. If that is your neighbor rather than your cousin, this is not necessarily a bad thing. Of course, if your cousin is your most trusted person, this is fine, too.

4) Picking someone who is incapable of being approved. Remember that even though your designation of a guardian is made by you in a legal document when you are able to make these decisions on your own, the court is still in charge of actually appointing your guardian. Be mindful of this when choosing your guardian(s) because if your chosen guardian has a known history of embezzlement or is an alcoholic or any other negative history, it is not likely that a court would appoint them since the point of the guardian role is to protect you and your assets.

As we’ve outlined above, the factors to consider when making a choice of guardian(s) can be overwhelming especially if there are multiple contenders and the potential for drama in the family as a result of the decision. At Michigan Gun Law, we understand this dynamic very well and can help guide you through the process of choosing a guardian, as well as drafting the documents to make it work. We will be there with you every step of the way. Contact us today to get started.  

NFA Gun Trusts: What You Need to Know

Posted on by Michigan Gun Law

If you want to leave your beloved shotgun to your nephew when you die, can you just write it in your Will and expect that it will happen? The answer is a resounding no. Just as there are regulations involving the transfer or sale of firearms when you are living, the same holds true when you die. This is where an NFA (National Firearms Act) Gun Trust can be of immense and valuable help.

The State of Michigan and the federal government both have laws restricting and controlling who is allowed to own guns. The NFA restricts ownership of Title II weapons including short-barrelled rifles and shotguns, machine guns, destructive devices, silencers, and suppressors while also requiring registration of these firearms. Michigan law also restricts ownership of Title II weapons and handguns.

Gun trusts work primarily to pass ownership of firearms to others upon the death of their owner. The benefit of the trust is that it allows the persons who are to inherit the firearms to be vetted and approved for ownership of the firearms before the gun owner dies. In the event that one or more of the designated future owners of the gun do not pass their background check, the owner has time to designate a new legatee. Note that individuals who have prior criminal felony convictions, those with a history of mental illness, and veterans who were dishonorably discharged from their service are all ineligible to own or possess some or all firearms.

For an individual seeking to acquire a Title II weapon, the NFA registration requirements are lengthy and expensive. An individual must submit a photograph, fingerprints, and an application to register with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATFE). There is also a $200 application fee. Up until 2016, individuals were also required to obtain the signature of the Chief Law Enforcement Officer (CLEO) of their county. This was sometimes difficult to almost impossible.

It was this difficulty that pushed many individuals to form gun trusts to purchase Title II weapons because gun trusts were not subject to the CLEO signature requirement. As of 2016, however, the CLEO signature requirement was removed. However, more individuals involved with a gun trust were brought under the purview of the BATFE registration—specifically, all persons responsible to the gun trust.

Should you elect to set up a gun trust, here is how it would work: The trust owns the weapons, not the beneficiary or the trustee. In this respect, the trust can purchase firearms as well. The name of the trust should not be changed. A change in the name would be considered a transfer and trigger re-registration and payment of a transfer tax. Weapons held in the trust cannot be taken across state lines. Termination of the trust must be approved by the BAFTE prior to the distribution of any of the assets.

The level of BAFTE regulation of gun trusts can make them less attractive, particularly where there are numerous beneficiaries, all of whom must apply for approval with BAFTE. This is because a “responsible person” of a gun trust is defined as any person who has a right to possess the weapons in the trust. Only individuals who have no right to possession until the death of the trust creator do not have to submit to a background check.

If you are interested in creating a gun trust, your first call should be to Attorney Melissa Pearce who has the experience and in-depth knowledge in this area to craft a gun trust that meets your needs. Contact us today to get started!

Understanding Michigan Probation

Posted on by Michigan Gun Law

Probation is a sentence that a court gives to a defendant  rather than having them go to jail. It can be given either before any jail time is served, as a condition of getting out of jail early, or as a regularly scheduled part of the overall punishment after the jail time has been served. While on probation, you must live in an approved home, shelter, halfway house, or other location. If you want to move to a new location, it must first be approved by the courts and/or your probation officer.

Potential Conditions of Probation in Michigan

In Michigan, there are many potential conditions that must be met while on probation. The severity of each of them will be determined primarily by the crime that was committed. Some of the most common conditions of probation are:

  • Meet with Your Probation Officer – If you are on probation, you will have to report to a probation officer. This typically occurs once per month, but could be more or less frequently depending on your case.
  • Take Random Drug Tests – Random drug tests are commonly required for those who are on probation, especially if it was for a drug offense.
  • Go to Drug Treatment Classes – If drugs were involved with the crime, you may have to attend drug treatment classes.
  • No Criminal Activity – You may not commit any new crimes.
  • Associate with Known Criminals – In some cases, you will not be permitted to associate with people who have a felony on their record.
  • Community Service – Those on probation are often required to perform a certain number of hours of community service.
  • Other – The courts in Michigan have a fair amount of leeway when it comes to setting conditions for probation.

 

What Happens if Probation is Violated

If you violate the terms of your probation, there could be a number of consequences. In some cases, the length of your probation will be extended. In others, the full amount of jail time that you were originally supposed to serve will be enforced. It is also possible that the probation officer and the courts will simply let you off with a warning and have your probation continue, though that is not something you should expect to happen.

Contact Us

While probation is almost always better than jail, it is not something you want to rush right into. If a judge or prosecuting attorney is offering you probation in exchange for a guilty plea, it may not always be a good idea as there can be some collateral consequences to your guilty plea. No matter what probation related issues you are facing, it is always a good idea to have an attorney there to represent your interests and who is on your side. Contact Michigan Gun Law to discuss your situation today.

5 Common Myths and Misconceptions About Estate Planning

Posted on by Michigan Gun Law

Estate planning is one of the most misunderstood areas of finance and law. There are many myths and misconceptions surrounding estate planning, which have caused many people to either do it incorrectly, or fail to do it at all. This can cause a lot of problems for you in many situations in life, and even cause more difficulties for your loved ones when you pass away. Debunking some of the most common myths and misconceptions about estate planning can help you to begin making the right decisions for the future.

Young People Don’t Need an Estate Plan

Many people believe that estate planning is only necessary for those who are retired, or are approaching retirement. While it is certainly a good idea to review and adjust your estate plan as you get older, the process should really begin shortly after you get your first real job. The earlier you begin the estate planning process, the more options you will have available to you. Having an estate plan in place from a young age will also ensure everything is handled according to your wishes should some sort of tragedy occur.

Estate Planning is Only for the Wealthy

Almost as common as the myth about estate planning only being for the elderly is that it is only for the wealthy. While those with a lot of assets will have a need for more advanced estate planning, even those with very modest estates can get a lot of benefit out of at least some basic estate planning efforts. Taking steps to plan your estate when you don’t have a lot of wealth also helps to establish good habits for the future.

I Can Leave Firearms to Loved Ones Just Like Other Assets

Those with firearms often think that they can just leave them to loved ones just like any other possessions. The fact is, however, that leaving guns directly to loved ones can present some legal issues that could cause trouble for them. Using a firearms trust as part of your estate planning can make it so you can legally leave your firearms to one or more people after your death, without worry of complex legal issues.

A Will is Enough Estate Planning for Me

While a will is an excellent starting point, it really isn’t a full estate plan. Most people can benefit from additional planning such as trusts, medical directives, and more. These are often simple things that you can have on top of a will that will provide you and/or your loved ones with some very significant advantages.

Probate Court is Only for Resolving Conflict Over a Will

If you would like to help your loved ones avoid probate court after you have passed away, you will need to take some proactive action now. A will actually does nothing to avoid probate court, and having no will is also going to require this court process. Proper estate planning can help minimize or even eliminate how much of an estate has to go through this arduous process, and you get the peace of mind of knowing that you are in full control of the distribution of your assets.

We are Here to Help

If you would like to learn more about the advantages of estate planning, or you would like to begin the process, please contact Michigan Gun Law today. We would be honored to go over all your options and help you throughout the estate planning process.

Michigan Retail Fraud: Here’s What You Need to Know

Posted on by Michigan Gun Law

The five-finger discount is probably as old as retail stores, but in Michigan, it is no laughing matter. Retail fraud – shoplifting – is considered a very serious crime with serious consequence. If you have been charged with retail fraud, no matter the degree, you should treat it as a serious matter and seek competent defense counsel as soon as possible. 

First, it’s helpful to know how the law defines retail fraud. The typical shoplifting scenario is certainly included, but the statute also criminalizes changing the price tag on an item or otherwise misrepresenting the cost of the item as to pay less for the item. Retail fraud also includes seeking store credit or a refund for items that were not purchased or was not from the store. Charges range from first degree to third degree, with first degree covering fraud of $1,000 or more. Third degree charges cover fraud below $200. Remember, that attempting to commit retail fraud will land you in as much hot water as actually committing retail fraud. Indeed, it is possible to be charged with both attempted retail fraud and retail fraud.

Second and third degree retail fraud clock in as misdemeanors, but still carry a hefty penalty including jail time and fines. Fines for second degree fraud top off at $2,000 and fines for third degree top off at $500. First degree retail fraud is a felony and is punished as one. A person convicted of first degree retail fraud faces jail time of up to five years and a potential fine of $10,000. If someone has been convicted of retail fraud before, a third degree charge can get bumped up to a second degree charge even if the value of the item is below $200.

Another mistake that many who are charged with retail fraud make is to assume that a misdemeanor is no big deal. Even a misdemeanor conviction on your record can make life more difficult. For example, oftentimes employers ask if a person has been convicted of any crime – felony or misdemeanor. If you have been convicted of retail fraud, you must disclose this on the employment application or face even worse consequences.

The conviction will show up on background checks. Since anyone with a credit card and enough personal information can order one from the comfort of their living room, it is even more critical that you do everything possible to avoid getting a conviction. Financial institutions may ask for this information as well to determine if you are an acceptable credit risk for loaning money. You may have a particularly difficult time if you decide to get a professional license at some point in the future. Convictions must be disclosed here as well and a retail fraud conviction may be particularly damaging as it involves theft.

Theft in general is considered a crime of dishonesty in that there is an intent to deceive to gain an advantage. Under the Michigan Rules of Evidence, a conviction for retail fraud can be used against you in other proceedings to attack your credibility as a witness.

The ripple effect of a conviction cannot be underestimated which is why it is incredibly important to recognize the seriousness of the charges from the minute they are filed. This means that the first step you should take is to contact an attorney who is knowledgeable and ready to assist you to minimize the potential consequences of the charges. Michigan Gun Law is that kind of firm and is ready to help you. Call us today to get started.

DUI Fallout: 6 Major Ways a Conviction Can Impact Your Life

Posted on by Michigan Gun Law

Imagine this scenario. You’re driving home after having too much fun at your friend’s New Year’s Eve party and the police pull you over. It happens to everyone, right? It’s no big deal, right?

Wrong.

A Michigan DUI conviction can have serious consequences that affect the rest of your life. You weren’t merely issued a traffic ticket. You broke the law in a way that will remain on your record permanently and be visible to anyone who runs a background check on you. Impaired driving kills and injures thousands of people every year, and the fact that you drove under the influence of drugs or alcohol can have a seriously limiting effect on your future.

Here are six ways that a DUI conviction can leave its mark on you forever.

1) You could lose your driver’s license

A DUI conviction can cause your driver’s license to be suspended at best and completely revoked at worst. If that happens, you can only get it back by paying fines, applicable fees, and abiding by conditions ordered by the court or the Secretary of State. While all this is sorted out, you won’t be able to drive, which can limit your ability to go to work, run errands, and get around in general.

2) You could lose your job

If you are a trucker, delivery person, taxi driver, or any occupation that requires you to drive a motor vehicle, a suspended or revoked license can mean the end of your job. Not only can you not drive, your employer may decide that a conviction means you are a potentially liability and terminate your employment.

3) You could experience difficulties finding work

A DUI conviction will leave you with a criminal record that is discoverable when you apply for a job and a potential employer runs a background check on you. Many employers are reluctant to hire candidates who have a DUI on their record.

4) You might pay more for car insurance

If you are convicted of DUI, you present a greater insurance risk, and your insurance company will likely raise your premiums. In the long run, you could be paying thousands more than someone with a clean driving record.

5) Your immigration status could be jeopardized

If you are not an American citizen, a DUI conviction could have a negative effect on your status and result in denial of your application for a visa, green card, or even American citizenship.

6) You could be denied a Concealed Pistol License (CPL)

When you apply for a concealed pistol license in Michigan, it is a prerequisite that you have not been convicted of certain misdemeanors in the eight years preceding the date of application. They include:

  • Operating while intoxicated, second offense
  • Drunk driving, commercial vehicle
  • Operating an ORV under the influence of drugs or alcohol, second or subsequent offense
  • Operating a snowmobile under the influence of drugs or alcohol, second or subsequent

A DUI conviction can therefore hinder your ability to exercise your right to bear arms.

If you have been arrested for DUI in Michigan, both your freedom and your future rights depend upon quality legal representation. At Michigan Gun Law, we will guide you and protect your rights throughout the entire process, so that you benefit from the best outcome for your case.

6 Ways Your Concealed Pistol License Can Be Suspended

Posted on by Michigan Gun Law

According to the Michigan State Police Concealed Pistol License (CPL) annual report for 2014-15, 1,630 CPL licenses were suspended for a wide range of reasons. The six most common grounds for suspension are explored below: in each instance, you will receive notification of the suspension at your last known address, as well as information about your right to have a timely hearing on the matter.

  1. You Are Charged With a Criminal Offense

If you are charged with a felony or a certain specified misdemeanor (or both), your local county gun board can immediately suspend your CPL until a final deposition of the charges takes place.

  1. You Are Suspected of Being Dangerous to Yourself or Others

If the authorities have reason to believe that you are dangerous to yourself or others, the county gun board will suspend your CPL until a revocation hearing takes place. Examples of suspect behavior include threatening or attempting suicide or issuing threats toward others.

  1. You Carry a Pistol Into a Pistol-Free Zone

Certain areas like courthouses, hospitals, and schools, are designated “pistol-free zones” in Michigan. If you are found on any of these premises with a concealed pistol (and are a first offender), the court will order that your county gun board suspend your CPL privileges for six months. It is important to note that subsequent violations are not treated as civil infractions.

  1. You Refuse Chemical Testing

If a law enforcement officer suspects that you are carrying a concealed pistol and your blood alcohol content (BAC) is .02 or higher, they may require you to submit to a chemical analysis to determine the degree of your impairment. If you refuse, the officer may notify the county gun board of your refusal and your CPL could be suspended as a result.

  1. You Fail to Disclose Your CPL

If a Michigan law enforcement officer subjects you to a traffic stop and you fail to notify him or her that you are legally carrying a concealed pistol, you could potentially be fined, lose your CPL privileges for six months, or both. Any subsequent violations shall lead to a definite revocation.

  1. You Receive Three Civil Infractions

If you are found responsible for violating a minimum of three Michigan civil infractions within a single licensing period, your county gun board will conduct a hearing and may suspend your CPL privileges for up to one year. Examples of state civil infractions include:

  • Carrying in a pistol-free zone (first offense)
  • Failing to show your driver’s license and CPL to law enforcement upon request
  • Carrying a firearm with a BAC of .02 to .08.

If you have received notice that your CPL has been suspended or a hearing on the subject is forthcoming, contact Michigan Gun Law for advice and representation. We are committed to protecting your Second Amendment rights and will take all possible steps to prevent them from being unnecessarily revoked.

Estate Planning 101: Where to Start with Your Will

Posted on by Michigan Gun Law

Planning for the future of your estate is a smart move. When you leave everything until the last minute or, even worse, make no plan at all, the future of your estate will be compromised. Under Michigan state law your closest relatives will still get all property and assets, but there will be no control over who gets what.

Who Can Make a Will in Michigan?

Any adult over the age of eighteen with sufficient mental capacity can make a will. Michigan has a statutory will that is fairly easy to fill out and allows you to do the following once you have made a decision in each respect:

  • Distribute your property and assets to whomever you choose
  • Name an estate administrator
  • Appoint a guardian for any minor children
  • Make cash gifts to one or two charities or individuals

Your will is executed once it has been signed and dated by yourself and two adult witnesses. You may keep it in a safe place with your other important papers or, for a nominal fee, deposit it with your county’s probate court. You can change your will at any time and even revoke an earlier will by executing a new one.

More Advanced Estate Planning Needs

While statutory wills are generally sufficient for most people, they are basic and will not let you do the following:

  • Gift cash to more than two charities or individuals
  • Leave the balance of your estate (after personal items and cash gifts) to a nonrelative
  • Transfer title to any assets you own jointly with someone else

These plans require input from a Michigan estate planning attorney who can ensure that the correct steps are followed to make your wishes legal.

A statutory will also won’t meet your estate planning needs if you own a business, have a lot of valuable assets, or a complicated family situation, such as children from more than one relationship or children with special needs. Gun owners may also want to pass their weapons and accessories on to their heirs by setting up a gun trust, which will allow beneficiaries to bypass the federal and state firearm transfer requirements.

An experienced estate planning attorney can assist you with creating a gun trust, business succession plan, power of attorney, and other arrangements that are beyond the scope of the typical statutory will. For assistance in setting up a will and other estate planning services, call Michigan Gun Law today. We will work closely with you to set your wishes in a legally binding document so that you can have peace of mind knowing how everything will be distributed when you’re gone.