Domestic Violence Charges In Michigan


Domestic Violence Charges

Often a misunderstanding can lead to accusations of domestic violence in the home. A heated argument or discussion can escalate quite easily. Before you know it, you can be accused of domestic violence. In Michigan, a person accused of Domestic Violence can be charged with a misdemeanor under Assault and Battery. Regardless of what happened just prior to your arrest, the one thing that you can be certain of is that a domestic violence arrest cannot be undone.

What Comes Next?

I am sure you have asked yourself this question; what if your accusor changes there mind and later decides that they made a mistake, or that they went too far? Unfortunately, there is no option for that person to have the charges against you dropped. You are in this for the long haul which means that there is a possibility that you and your accuser, regardless of whether your share the same home or not, may not be able to have contact. Because Domestic Violence is taken very seriously in Michigan, a prosecutor will be pursuing charges against you, with or without the cooperation of your accuser. We cannot go back in time and undo words that lead to actions and no two relationships are the same, the fact of the matter is that once the line is crossed and law enforcement knocks at your door, your life may be forever changed. You will want to get ahead of your charges and contact a criminal lawyer immediately.

What Happens If You Are Charged With Domestic Violence?

In the state of Michigan, violence against your husband or wife, or former spouse or even an ex-girlfriend or boyfriend is considered assault. This includes anyone with whom you have a child in common, a person you are dating or a former roommate.  If you are found guilty of the charges, you can face more than three months in prison for a first offense as well as fines. More than that, this can affect your quality of life and future. Depending on the level of assault and details surrounding the circumstances, you can face additional fines and penalties. While the above are the worst-case scenarios, you may also be offered a plea or have the charges dropped, it is impossible to know the outcome without having all of the information. No two arrests are the same, therefore, you will want to go over your case in detail with your attorney in order to cultivate the best strategy for your defense.

Get Help With Your Domestic Violence Charges

The first thing that you must do if you have been charged or accused of assault and battery is to speak with an experienced Michigan criminal defense attorney.  If you are located in Flint, Michigan or the surrounding area, learn more about how I can help you by contacting me today for assistance.


Collaborative Divorce: What You Need To Know


Collaborative Divorce In Michigan

The decision to file for divorce may be the most difficult decision that a couple will ever make. The
Aside from all of the elements involved in a divorce from joint assets to child custody and support, if you or your spouse own a business, this can make the process of divorce seem more complicated. A Collaborative Divorce allows the process to eliminate disagreements and further stress.

What Is A Collaborative Divorce?

A Collaborative Divorce is very similar to what it sounds like; both parties agree to work together in order to work through each aspect of the divorce. When you own a business, a divorce can become quite costly, with a collaborative divorce, each of the spouse’s attorneys works together to form an agreement that is amenable to both parties. The agreement generally covers every area including:

Any Joint Marital Property

  • Child Custody
  • Child Visitation
  • Spousal Support
  • Financial Assets

You will likely be working with experienced professionals such as:

  • Attorneys specializing in Collaborative Divorce
  • Neutral Marriage Therapists
  • Neutral Financial Accountants
  • Child Psychologist where necessary

Collaborative Decisions

Through various meetings and productive discussions, you and your spouse will have come to a consensus on both of your interests and needs. The latter limits the courts’ involvement in your divorce and allows the process to move more fluidly. The collaborative divorce process is always confidential in nature and in practice so you can rest assured that every element of your communication and every parties involvement in the collaboration is handled with complete privacy. Once all parties have concluded that the agreement has met their needs, the agreement is then filed with the court and becomes legally binding.

Get Help With Your Collaborative Divorce In Flint, Michigan

If you and your spouse believe that you are prepared to work together in order to move forward with your divorce as amicably as possible, a collaborative divorce may be the best avenue for you. Contact Erwin today to learn more about how he can assist you.

Faced With A DUI In Michigan?


Driving Under The Influence In Michigan

Driving while under the influence of alcohol or drugs in Michigan is a serious crime. The dangerous nature of a DUI offense can result in the injury of not only the offender but that of any victim should there be an accident as a result of driving under the influence.

DUI Statistics In Michigan

According to the Michigan State Police; driving under the influence of alcohol accounts for fatalities that are on average 11 times that of other accidents and the level of seriousness in the injuries is six times as high. There is no doubt that there may be serious and even fatal consequences involved for anyone getting behind the wheel under the influence of alcohol, there is also the legal aspect.  Facing a DUI can mean paying steep costs. Aside from the fees, fines, and penalties involved, you may also face the possibility of losing your freedom when faced with prison time.

Baic Legalities Of Driving Under The Influence

In the state of Michigan, it is against the law to drive under the influence of Alcohol or a Controlled Substance. The level of offense is based on the bodily alcohol content as well as the schedule of the controlled substance involved. For alcohol content of 0.08 or above, the offense falls under “driving while intoxicated”, the bodily alcohol content of 0.17 or above becomes a “High BAC crime”.

*BAC: Blood Alcohol Concentration

What Are The DUI Classifications?

There are two classifications for a DUI in Michigan:

  • OWVI (Operating While Visibly Impaired) this classification indicates that you were visibly impaired as a result of alcohol or other intoxicants like a controlled substance or similar.
  • OWPD – Operating With Any Presence of a Schedule 1 Drug or Cocaine 
  • OWI (Operating While Intoxicated) charge is accompanied by three classifications:
  1. Your ability to safely operate a motor vehicle was impaired by drugs, alcohol or other intoxicants.
  2. Through chemical testing, it was determined that your Blood Alcohol Level (BAC)was at or above 0.08.
  3. Through chemical testing, it was determined that your Blood Alcohol Level was High (High BAC) at or above 0.17.

What Happens If You Are Convicted?

  • If you are convicted of an OWI or OWPD first offense you may face up to a $500 fine; up to three months in prison, over 300 hours of community service, license suspension, and restriction, the loss of the use of your vehicle and points on your license.
  • If you are convicted of an OWVI first offense you may face up to a $300 fine; up to three months in prison, 300+ hours of community service, license restriction of up to 180 days if a controlled substance is involved, possible loss of the use of your vehicle and points on your license.
  • If you are convicted of High Blood Alcohol Content, the most severe, you may face up to six months in prison; up to a $700 fine, community service, one-year license suspension with the possibility of a restricted license, interlock device, license plate confiscation, vehicle mobilization an points on your license.