In life, sometimes we make mistakes and sometimes, those mistakes were never warranted in the first place. One way to recapture your reputation is presented with the concept of an expungement. To understand the meaning of an expungement, we need to understand that it is a concept that has the effect of settling aside a criminal conviction that will allow a former defendant to be truthful in job applications and grasp a sense of freedom that they did not after receiving a conviction. iStock_000003965027_Large-2-300x200

While the concept of an expungement is something that is a potential dream come true, the theory of an expungement is far easier said than done. Lawyers such as Scott Grabel have developed a reputation for winning expungements on a regular basis but as Grabel and his team will be the first to tell you, the biggest thing to understand with an expungement is a careful research of the law and making the determination that not all crimes can be expunged. The law to research when looking at expungements is not an overly difficult one to understand but presents an extremely hard concept to apply (MCL 780.621).

One leader in the criminal field is Ravi Gurumurthy, whom practices in Cadillac, Michigan. Ravi has recently won several hotly contested expungement cases in a 200-mile radius. When asked about expungements, Gurumurthy said the biggest mistake that people make is not having their paperwork in place. “The forms that are needed are often get overlooked. A lot of people feel that they can do the process on their own but without a certified copy of their conviction, they stand lose their petition. In addition to this, they need two copies of certified fingerprints completed. While this sounds easy, the majority of people hire lawyers that lose the matter in the preparation. There is no question that the devil is in the details and without details, the only thing that the client will get is an attorney bill that does not equate to success.”

While the April 30 application deadline to sit for the bar exam has come and gone, if you did apply for the July 25-26 Michigan bar exam you may be a bit stressed out and anxious considering it’s just a few weeks away – completely normal feelings, by the way. What’s the best way to prepare, and are there any myths that you shouldn’t believe? shutterstock_1360528-300x220

First, a few tips before you actually dig in and begin studying for the bar exam – preparation.

Create a routine and study schedule. Where and when you study can be dictated by a lot of things depending on your career, whether you have a family or children, your work hours, etc. What’s critical is that you figure out a routine that empowers you to make the most out of your study time. Some receive a schedule with the course for bar prep, but many can’t adhere and have to create their own schedules. If you can study in a quiet place with few distractions from 8 a.m. to 5 p.m., great. If not, maybe 5 a.m. to 7 a.m. and 6 p.m. to 10 p.m. split shift will work. Figure out what works best for YOU in your situation, and how you can gain the most from your study time.

When one is arrested in Michigan, they are often read their Miranda rights but sometimes, prior to an arrest, an officer may not read those rights and the defendant may incrimination themselves. This article represents a checklist on the concept that is one’s Miranda rights. This is what we call a “Miranda Checklist”. iStock_000023802012_XXXLarge-2-300x200

“When Does Miranda Apply?”

Miranda Warnings apply when one is in custodial interrogation. This means two things:

Recently there have been several reports of threats made against high schools in Ingham County and surrounding areas in Michigan. According to news reports, 17-year-old Jake Johnson was charged with making threats against Williamston High School last week. school-bus-red-light-655548-m

On April 25th students at Berkley High School were dismissed after the school received a bomb threat left on a voicemail that originated from an area outside of Michigan. While officials didn’t believe the threat was credible, it was in the best interest of students and faculty to close the school for the day.

Waverly High School in Lansing was the target of a threat allegedly make to the school recently via Snapchat, a social media app. According to news reports, Eaton County Sheriff’s Office increased patrols around the school last week after threats of violence were made by a student of the school. While it was determined by law enforcement the threat was not ongoing, investigation results were to be reviewed by the Eaton County Prosecutor’s Office according to Jeffrey Cook, Eaton County Undersheriff.

In 1998 the recidivism rate in Michigan was 45.7%, meaning that of those released from prison, this percentage of offenders were reincarcerated within three years. It is extremely common for those who are released to return to a life of crime or continue criminal behavior, however it seems things are turning around for the state according to recent reports which reveal the rate has dropped to 29.8%. iStock_000011602905_Large-2-300x200

Why the substantial drop? In years past, most individuals imprisoned for years or even decades after being convicted of a serious crime had little hope of becoming productive members of society upon release due to a lack of skills and education. For the most part, prisoners were simply left behind bars until their time was served, released to a world of uncertainty regarding their futures. Considering how quickly things change in terms of technology, many offenders who are released are completely unfamiliar with the way the world operates today. If you were put in prison for 10 or 20 years, how would you react once released? What would you do, and how would you support yourself financially? Until someone has been there, it is impossible to imagine the fear and uncertainty offenders experience when “set free.”

Heidi Washington, Department of Corrections Director in Michigan said in reports the drop in the recidivism rate is a clear indicator that the MDOC is meeting its goal in terms of helping ensure prisoners can become law-abiding citizens and productive members of society once released by preparing them through education and job training. A number of initiatives have been launched in recent years, including last year’s opening of the Vocational Village at Richard A. Handlon Correctional Facility in Ionia, a site that provides those incarcerated an opportunity to develop skills in carpentry, electrical trades, welding, CNC machining, plumbing, and automotive technology.

Does owing a gun or firearm for the purpose of defending yourself and your family increase the risk of an accident, or becoming a victim if you use your gun in protection of yourself or a loved one? In depends on who you talk to, apparently. Over the past 16 years, the number of people who believe having a gun in their homes makes their family safer has nearly doubled according to a 2014 Gallup poll, which indicates 60% of Americans feel their homes are safer with a gun present. Protecting-Yourself-Against-Personal-Crimes-Pic-300x200

In Michigan, the number of FBI background checks performed on state residents buying handguns increased significantly, nearly 141,700 checks taking place over a three-year period between 2012 and 2015. How many Michigan residents have active concealed pistol licenses? About eight percent of the adult population of the state, or just over 600,000 according to surveys.

Director of the Harvard Injury Control Research Center and Harvard School of Public Health professor David Hemenway maintains there is no evidence indicating that homeowners with guns are safer, and that in fact gun research surveys prove the opposite. In Hemenway’s defense, he isn’t focusing on banning guns, but instead on harm reduction for homeowners who do feel strongly about having a gun for protection.

Recently there have been questions among both advocates and lawmakers regarding the number of people serving time in prison for crimes they allegedly committed and the opportunities available for those who are incarcerated to reform their lives and become productive members of society upon their release in the Lansing area. iStock_000011602905_Large-2-300x200

On March 1st, designated national Day of Empathy, panel discussions and workgroups were part of the agenda concerning reforming Michigan’s criminal justice and incarceration laws as advocates and lawmakers gathered in an effort for change. As the first Day of Empathy, this was the day that across the nation efforts were focused on criminal justice reform and how society must humanize and empathize with all those including family members, communities, and our society as a whole are affected by it.

An ex-convict with an event sponsor said he hoped this “catalyzing” event would work to get more people involved in criminal justice reform in Michigan. Criminal defense attorneys in the Lansing and surrounding areas are all too familiar with what happens on a daily basis in the criminal court system. Essentially, there is a huge lack of focus on rehabilitation for those found guilty of crimes, and an intense desire to simply put people behind bars for years, decades, even life. The result is not only unfair for individuals who may or may not have committed less serious offenses, but results in a severely overcrowded prison situation.

MSU students are gearing up for spring break, a time when lots of college-age students travel, party, and generally participate in fun activities. While it’s great to free your mind from your studies and “chill out” for a while, it’s also important to stay safe no matter what you have planned. Few men and women give much thought to the fact that spring break is a prime time for alcohol poisoning, sexual assault, and other crimes or injuries resulting from those activities. champagne-on-beach-1554236-200x300

One of the major factors in safety during spring break is drinking alcohol, and how much you drink. Binge drinking not only often results in alcohol poisoning or even death, it can be a factor in sexual assault, as many lose their inhibitions and common sense when under the influence. Whether you plan to drink alcohol or not, traveling is another concern.

No matter what your plans are, put safety first and foremost. We have a few tips to ensure you have a great time and avoid becoming a statistic.

In Michigan and all other states in the U.S., felony offenses are considered more serious than those classified as misdemeanors. A felony charge can be related to anything from tax fraud or distributing illegal drugs to some theft offenses or murder. The prison term for those found guilty of committing felony crimes can range from a couple of years to life in prison, depending on the case and the offender’s criminal history. In most cases someone who is convicted of a misdemeanor offense will serve one year or less behind bars. iStock_000006818663_Full-1-300x200

Being convicted of a felony crime doesn’t mean the alleged offender (the operative word here being “alleged,” as many who are incarcerated are innocent) will face 20 years or a lifetime in prison. Some serve two or three years, some 10, some much longer. However, upon being released from prison after serving their terms are those labeled “felons” still facing a life sentence in reality? Unfortunately, many are.

Imagine what it’s like to be labeled a felon when upon release from prison, you can’t find a job or a place to live because of your criminal record. For lots of folks, it’s difficult and even overwhelming trying to reenter society after being incarcerated for years or even decades. When you can’t find employment, how can you pay for the basic necessities you need to live such as food, a roof over your head, transportation, clothing, and other needs? It is truly is a life sentence, regardless of the punishment handed down by the court at the time of the conviction.

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In November it was announced the American Civil Liberties Union (ACLU) was filing suit against the state of Michigan over the state’s unclear standards regarding denial of parole to juvenile lifers.  In 2012 the U.S. Supreme Court ruled that mandatory sentences of life without the possibility of parole for juvenile offenders are unconstitutional.  In January of 2016, the Supreme Court ruled those juveniles sentenced to life without parole prior to the 2012 ruling must have an opportunity to argue they should be released from prison; in other words, the 2012 ruling must be applied retroactively.  Ultimately, three states – including Michigan – decided to go against the ruling. juvenile-crimes-justice

ACLU of Michigan Deputy Legal Director Daniel Korobkin said in news reports that in terms of abiding by the Supreme Court’s decision, Michigan was being stubborn and still bent on imposing a life without parole sentence on most teenagers, a sentence that for juveniles is “absolutely” unconstitutional.

Sadly, there are more people who were sentenced to life without parole as juveniles in Michigan than any other state with the exception of Pennsylvania.  For minors or juveniles, 39 states have abolished life sentences without parole.  Any person in the state of Michigan, even children, are still sentenced to life without parole if found guilty of the crime of first-degree murder.