Criminal Defense Attorney

A conviction for Operating While Intoxicated OWI, Drunk Driving or any other DUI related charge has serious consequences in Michigan affecting your driving privileges, your automobile insurance rates and even can result in jail time. A driver over the age of 21 may not have a Blood Alcohol Content (BAC) Level of more than 0.08. Similarly, if the driver is under 21 they are not allowed to drive with any quantity of alcohol in their system because Michigan has a zero tolerance policy when it comes to underage drinking and driving.

Too often, a person charged with a Drunk Driving offense believes that there is no defense to the charge. There are several legal strategies available in defense of a OWI related charge and therefore, it is important for your case to be reviewed by Paul M. Bogos, an experienced Michigan OWI Criminal Defense Lawyer and former prosecutor in Macomb County. Depending on the circumstances following the initial police stop and arrest, a Drunk Driving charge can be challenged at an evidentiary hearing and result in a dismissal altogether where the traffic stop was invalid, the police failed to follow proper field sobriety and PBT test protocols,  the results of the DataMaster Breath Test was inaccurate or where there is no evidence of "Operation" of the vehicle on the roadway . In many cases, an OWI charge can be reduced to impaired driving so that you can retain limited driving privileges. If you been arrested for OWI Drunk Driving or any drug or alcohol related offense, contact our law office at 586 783-9099 so we can start to work on building a strong defense for you.

Michigan's strict Drug Laws and harsh sentencing guidelines imposed by the Courts is every reason why you need the right criminal lawyer by your side. Drug cases customarily fall into three categories: possession for personal use, possession with intent to sell or delivery and manufacturing. A drug conviction

regardless if a misdemeanor or felony, can result in jail or prison sentence. Other consequences may include forfeiture of property, driver's license suspension, loss of employment, trouble obtaining or keeping a professional license, loss or restrictions of child custody and no longer being eligible for federal financial aid to pay for college or trade school.

There are various legal strategies in defending a client charged with a drug offense, ranging from a dismissal on the basis that the search or seizure of the drugs by the police was unlawful in violation of the 4th Amendment. Under certain situations, a first time drug offender may be  eligible to have the case taken under advisement by the Court, commonly referred as a delayed sentence, where upon successful completion of probation, the charges are dismissed and there will be no public record of the conviction. For habitual drug offenders, in particular those facing felony possession charges, in the event the Judge is considering jail time, placement into an inpatient drug treatment program or intensive outpatient counseling is an alternative option to jail. Contact Paul M. Bogos an experienced Mount Clemens Criminal Defense Lawyer at 586 783-9099 to  discuss your Drug Case and get the information you need.

Being convicted of a Domestic Violence charge can have serious consequences including but not limited to jail time, exclusion from your own home and a criminal record. Any assault or other forms of violence can be considered a domestic assault if there is a domestic relationship between the defendant and the victim. Domestic violence also includes an assault of a child by a parent.

Depending on the situation, self-defense and defense of others is a legal defense to domestic assault. Similarly defense of personal property or of one's residence with use of reasonable, non-deadly force is a recognizable affirmative defense. False accusations of domestic violence are not uncommon when there is a divorce or child custody matter. Credibility of the alleged victim, including  their statements to police of physical assault & injuries can be challenged at trial to establish reasonable doubt to secure an acquittal. Very frequently, domestic assault cases are reduced to a "he said, she said" situation. Under certain situations, a first offender who is guilty of domestic assault, may be eligible to participate in a domestic violence deferral program where upon successfully completing probation and an anger management class have the conviction dismissed. If you been arrested for Domestic Violence or believe you may be charged for Domestic Violence, do not hesitate to contact Macomb County Criminal Defense Lawyer Paul M. Bogos for at 586 783-9099 a free initial consultation.

Retail Fraud, also referred to as shoplifting, is a  theft-related crime in Michigan where someone has defrauded or stolen from a store while it was open to the public. There are three degrees of retail fraud and the punishments vary depending on whether you are convicted of a misdemeanor or felony. The level that you are charged with depends on the retail value of the merchandise stolen and the existence of any prior retail fraud convictions on your record. The consequences of being found guilty range anywhere from 93 days in jail and a fine of $500 for 3rd degree retail fraud, up to  5 years in state prison for felony first degree retail fraud. Besides criminal penalties, merchants can demand that the shoplifter pay a civil fine equal to 10 times the retail price of the property involved, not less than $50 and not more than $200.

Depending on the situation, mistake or lack of intent to steal is an affirmative defense. This can happen if you forgot an item in your shopping cart, and only after leaving the store, you realized you forgot to pay for the merchandise. Other strategies in defending a client charged with retail fraud include exposing the store's loss prevention officer as not being properly trained; or that you were subject to an unlawful arrest or detainment. Under some circumstances, a first offender guilty of retail fraud may be eligible to have their conviction dismissed after a delayed sentence following one year of probation. If you are charged with Retail Fraud or any other theft-related crime, contact Paul M. Bogos, an experienced criminal defense lawyer in Mt. Clemens at 586 783-9099 for a free consulation.  

A Probation Violation is an offense that occurs when you otherwise break the terms or conditions of your probation. The consequences of the probation violation varies anywhere from a warning, paying a fine, modification to the conditions of your probation, all the way to revocation of probation and sentencing you to jail time for the underlying offense depending on the severity of the violation. 

At a probation revocation hearing, the decision as to whether you violated the terms of probation is decided by your sentencing judge only by a preponderance of the evidence, i.e. "that it is more likely than not" that you committed the activity you stand accused of. Under Michigan law, a person on probation commits a violation by doing any of the following: being charged/arrested for a new crime; failing to report to their probation officer; failing a drug or alcohol test; leaving the state without permission; failing to complete a court-ordered program; failing to pay court imposed fines or failing to maintain employment or school.

There are several legal strategies in defending a client accused of a probation violation depending upon the specific nature of the violation. If you are notified by the Court and receive a notice of violation or probation revocation hearing, contact Macomb County criminal defense attorney Paul M. Bogos immediately at 586 783-9099 so he can keep you out of jail and see that you successfully complete probation.

In Michigan children 17 years of age and younger charged with a criminal offense will appear before the Family Court Division of the Circuit Court, sometimes referred to as "juvenile court" to have their case determined. Any criminal accusation against a child can have serious consequences on their future, in particular affecting their employment, enlistment into the armed services or their higher education. It is also important to point out many juvenile records are public.

In certain situations, most low-level, first- time juvenile offenders may be eligible to participate in an alternative sentencing program thereby avoiding jail and a criminal conviction. First, under the Juvenile Diversion Act, a juvenile offender at the discretion of the Court can be diverted from the court system and referred to an organization or agency that will work with the juvenile to address the problems that led to the violation. Second, the juvenile may be placed on a juvenile "consent calendar", where he or she is placed on probationary status and upon successful completion of the terms of probation, a criminal disposition will not be entered.

If you need a lawyer for an alcohol or drug related offense, retail fraud, assault, traffic or any other misdemeanor or felony charge and are under the age of 17, or you know someone who needs a juvenile defense lawyer, call The Law Office of Paul M. Bogos & Associates, P.C. at 586 783-9099 located in Mt. Clemens for a free consultation.