Criminal Law FAQs
Answers from Our Criminal Defense Attorneys in Oakland County
At Fraiberg & Pernie, our team of legal professionals works hard to ensure each and every one of our clients receives the highest quality legal guidance possible. This includes addressing any concerns and answering all questions you may have in regards to the criminal justice system. We provide answers to the most commonly asked questions about the processes, laws, and aspects of criminal defense.
If you do not see your question listed here or if you have further questions about the answer we have provided, simply call (248) 440-7936 and speak with our knowledgeable criminal defense lawyers in Birmingham and Oak Park. We look forward to speaking with you and assisting you with all your criminal defense needs.
I Have Been Arrested for DUI/DWI. What Should I Do?
First, call our DUI attorneys and do not discuss the facts of your case with anyone, including the arresting police officer. You should comply with them, but you have the right to remain silent and you should invoke that right. They will most likely request a Datamaster test in order to accurately determine your blood alcohol content and you should follow their directions to do so. The Datamaster test is different from field sobriety tests, which are far less reliable and hold fewer consequences for a refusal. If you refuse a Datamaster test, you risk immediate and severe consequences, including the loss of your driving privileges for a year, points added to your driving record, and more. Once you contact our DUI attorneys, we can ensure that your rights are protected and you are not taken advantage of. We will take care of everything from that point forward.
I Have Been Arrested for a Second DUI/DWI. What Should I Expect?
In the state of Michigan, if you have been convicted of a second DUI/DWI, you are looking at a mandatory minimum penalty of five days in jail. 48 hours of these five days must be served consecutively. Depending on your driving record, you could be facing a jail sentence anywhere from 30 days up to a full year. Your bond will be higher than your first DUI/DWI conviction, typically from $500 to $2,000. Also, six points will be added to your driving record and you will lose your state driving privileges for a full year. However, if this subsequent offense occurred seven years your first conviction, you will face a license suspension of just 180 days and you will be able to apply for a restricted license after 30 days have passed. You should contact our experienced DUI lawyers in Oakland County to fight these serious charges so you can retain your freedom and driving privileges.
I Have Been Arrested for a Crime. What Do I Do?
You should immediately call our skilled criminal defense lawyers and not discuss your case with anyone, including the arresting officer, until your lawyer is present. You have the right to remain silent and you should invoke that right. Even if you are simply trying to explain your innocence, you may say something that could be misinterpreted by the police officers and be later used to prosecute you. Nobody will judge you for remaining silent because you are presumed innocent until proven guilty. With our lawyers present, we can protect your rights and ensure you are not taken advantage of by law enforcement. Once we are with you, you can be sure that you are in capable hands. Our attorneys will take care of everything from that point on.
What Happens if I am Convicted of a Criminal Offense in Michigan?
Depending on the type and severity of the crime you are convicted of, you could face long-lasting and far-reaching consequences. Having a criminal record will show up on background checks and could negatively affect your chances of applying for loans, getting a job, and even finding housing. Employers typically don’t look at criminal records kindly and you may even lose your current job if they find out you were convicted, especially if you have to take time off to serve a jail sentence. If you are convicted of a drug offense, you may become unable to apply for federal financial aid, thereby impacting your ability to finish your degree and find a career of your choosing. Depending on the nature of your conviction, you may lose certain privileges, such as child custody and/or visitation.
Lastly, if you are not an American citizen, you may become ineligible for citizenship, a green card, or an immigration visa. You may even be deported. You need strong legal representation right away to fight any and all charges against you. Contact our criminal defense attorneys in Birmingham and Oak Park today.
For more information about our criminal defense attorneys in Oakland County and how we can help you, reach out to us today to set up a consultation. You can call us at (248) 440-7936.