What are my rights when confronted by the police?

This is a question I get asked almost weekly. There are a lot of myths about what you should, shouldn’t, or can’t do when pulled over by the police and being arrested.  First and foremost, my advice is to be respectful and assert your rights.  Follow the officers lawful commands, and educate yourself on your rights so that you know what to say (or not say) and when.  This is not an inclusive list of every situation, or every Constitutional right, but I always tell my clients to remember 3 things:  Don’t speak, search, or enter.

1.  Don’t speak!  You have the right to remain silent and anything you say WILL be used against you.  Do not try to convince the police that you are innocent.  If the police are contacting you, you should speak with an attorney immediately.  If you are confronted by the police, politely say ” I will not answer questions or speak with you without my lawyer.  I need to speak with my lawyer.”  (repeat as many times as necessary)  Do not feel pressured to talk to the police.  The police can lie to you in an attempt to make you talk.  Remember, you have the right to remain silent-so shut up!
2. Do not agree to a search!  You have the Constitutional right to be free from unlawful searches and seizures.  Generally, this means the police must have sufficient reason, or probable cause, to search you or your p[property.  If the police ask for permission to search you or your property or enter your home without a search warrant, politely tell them “No you may not search.  I would like to speak with my lawyer.”  Even if you have nothing to hide, you should assert your rights and immediately contact an attorney.
3. Do not agree to enter your home!  If you are confronted by the police outside of your home, do not agree to enter your home.  If you go inside your home to speak wih your family, change your clothes, put on shoes, or for ANY reason, the police may be allowed to follow you in.  Once inside, the police may legal search and seize anything out in the open related to the case.

If you or a loved one have been arrested or are under investigation, Jenna M. Bommarito will fight to protect your rights and build an aggressive defense strategy.  Whether you have been arrested for drunk driving or a felony drug crime, Bommarito Law can help.  Contact us today to ensure your rights are being protected throughout the entire legal process.

Second chance for offenders up to age 24!

A new bill recently passed that extended the age limitations of our state current Holmes Youthful Trainee Act (commonly referred to as HYTA or YTA).  Currently HYTA status may be granted to offenders who commit crimes between the age of 17 and their 21st birthday.  If eligible, HYTA allows a criminal case to become non-public, and eventually dismissed upon successful completion of a supervision period which could include probation, jail time, or both.

The new bill, that will go into effect on August 18, 2015, will expand the age limitations of HYTA, making offenders eligible up to their 24th birthday.  This will allow more young people the opportunity for a “second chance” to attempt to keep certain criminal convictions off their record. The goal is to help rehabilitate young offenders through supervision, and provide them the tools they need to make better decisions and deal with underlying issues that cause them to commit crimes. HYTA supervision periods can include impulse control classes, substance abuse treatment, community service, anger management classes, and even therapy.

If you have been charged with a crime, don’t go to court alone.  Contact Bommarito Law today for a free consultation, and to see if you may be eligible for special protections under the law such as HYTA.

New Expungment Laws–Clear Your Record!

In January 2015, Michigan enacted a new expungment statute that allows for less strict requirements for an offender to qualify for an expungment.  What does that mean for you? It means more people will likely be eligible to clear their record!!

Under the prior Michigan expungment laws, an offender would likely only qualify for an expungment only if they had one major conviction on their record, including convictions that were previously dismissed under some deferral programs.

Now, under the new law, a person can petition to set aside one felony conviction if he or she has been convicted of not more than one felony and not more than two misdemeanors. In addition, a person can petition to set aside one or two misdemeanors if he or she has been convicted of not more than two misdemeanors and no felonies.

The following convictions can never be expunged:

• A felony or attempt to commit a felony for which the maximum punishment is life imprisonment
• Child abuse in the second degree
• Production or possession of child pornography
• Second degree criminal sexual conduct
• Third degree criminal sexual conduct
• Assault with the intent to commit criminal sexual conduct
• Fourth degree criminal sexual conduct conviction after January 12, 2015
• A traffic offense, including operating a vehicle while intoxicated
• Felony conviction for domestic violence, if the person has a previous misdemeanor for domestic violence
• Human trafficking offenses
• Terrorism offense

A person may apply for an expungment five (5) years after imposition of the sentence, completion of probation, discharge from parole or completion of imprisonment, whichever is longer.

If you are ready to clean up your record, contact Bommarito Law today for a free eligibility screening!

Top 5 Tips to Get Off Probation Early

I receive many calls from clients asking when and how they can get off of probation early. There are many factors that will determine when and if you will be able to get off of probation early, however the following tips will help you plan for your best chances.

1.  Do not violate ANY terms of your probation.

If you have violated any terms of your probation you are probably not the best candidate to get off probation early. From the very beginning, follow your probation terms EXACTLY as the judge and your probation ordered. This will show the judge later that you can be compliant, follow rules, and are well suited to be unsupervised.

2.  Pay off all court fines and costs.

If your court fines, costs, restitution, or probation fees are not paid off in full, the judge will not let you off of probation. Check with your probation officer or the court to find out your balance. Keep all receipts to prove your payments.

3.  Don’t ask too early.

The general rule I tell my clients is the earliest time to file a request to get off probation should be after you completed at least 50% of your probation term. For example, if you were ordered to a 1-year probation, you should wait until at least the 6-month mark.

4.  Be prepared to answer questions from the judge.

At your hearing the judge will likely ask you questions about your probation term and your life. Be prepared to explain what you learned from being on probation and why you will never be in trouble again. Be prepared to tell the judge about the class or community service you completed, where you are employed or going to school. The judge will want to be reassured that you are rehabilitated and will not commit any future crimes if he lets you out early.

5.  Talk to an attorney.

Your best chances of getting of probation early is to talk to a criminal defense attorney and have them help you file a motion to terminate probation. An attorney should be familiar with your court and judge and can help prepare you for what the judge may do. The attorney will also file a formal motion on your behalf and include documents and evidence to help support your case. The attorney may also be able to speak with your probation agent and convince them to write a favorable report on your behalf.

Additional Information

Keep in mind that whether or not a judge will let you off probation early is completely up to the judge. Each court has different policies and procedures that they may follow. As previously stated, an attorney can help you through these obstacles. Give my office a call for a free consultation.  Good luck!