Wesley Todd PLLCWesley Todd PLLC2026-09-19T14:33:33Zhttps://www.wesleytoddpllc.com/feed/atom/WordPress/wp-content/uploads/sites/1103579/2024/01/cropped-site-icon-wesley-32x32.jpgOn Behalf of Wesley Todd PLLC<![CDATA[How to deal with a criminal arrest]]>https://www.wesleytoddpllc.com/?p=2562762026-09-19T14:33:33Z2026-09-19T14:33:33ZBeing arrested can be overwhelming. This can be true, especially when you are unsure what will happen next. However, the actions taken immediately after an arrest can affect how your case develops.
While an arrest does not automatically mean you are guilty of a crime, the government has to follow the required legal process and prove its case. Taking sensible steps from the beginning can help protect your interests while allowing you to make informed decisions about what happens next.
What should you do after an arrest?
The following steps can help you navigate the early stages of a criminal case:
Remain calm: Arguing with officers or resisting arrest can create additional legal problems. Keep your interactions respectful and controlled.
Exercise your right to remain silent: You generally do not have to explain your side of the story during an arrest. Apart from providing information legally required, avoid discussing the allegations until you have received legal advice.
Ask for legal counsel: Request a defense counsel as soon as possible. Seeking legal guidance before questioning or making important decisions can help you understand the accusations and available options.
Do not talk about your case publicly: Avoid sharing the arrest details on social media or discussing the allegations with friends, acquaintances or other people who may later become witnesses.
Follow release conditions: If you are released on bail or another form of pretrial release, carefully follow every condition. Violating those requirements can result in additional consequences.
Keep important documents: Preserve paperwork given to you during the arrest and any court documents that follow. These records may help your defense team understand the timeline and procedural history.
The right response after an arrest depends on the charges, circumstances and applicable law. Getting help early can help you understand your current situation and prepare for the next stage of the criminal process. ]]>On Behalf of Wesley Todd PLLC<![CDATA[Auto theft tech can result in serious penalties under Michigan law]]>https://www.wesleytoddpllc.com/?p=2562742026-09-05T12:44:32Z2026-09-05T12:44:32Z90% of all auto thefts involve the use of a device called an Auto ProPAD.
These devices can program a blank key fob to be used to enter and operate a vehicle. They’re sometimes used to steal multiple vehicles from dealership lots. Large pickup trucks are particularly common targets here in Michigan.
What does Michigan law say?
Michigan law has stiff penalties for possession of an AutoProPAD with intent to use it and even harsher penalties for those who do use it to steal a vehicle. Note that locksmiths and those whose jobs require them to use these devices for legitimate purposes can legally possess them.
The law states that anyone who knowingly possesses an “electronic device or tool that is designed or adapted to unlock or turn on a motor vehicle, with the intent to steal a motor vehicle is guilty of a felony punishable by imprisonment for not more than 5 years.”
It also states that anyone who “in association with another individual or group of individuals as part of a criminal organization, knowingly possesses…an electronic device or tool that is designed or adapted to unlock or turn on a motor vehicle, with the intent to steal more than 1 motor vehicle is guilty of a felony punishable by imprisonment for not more than 10 years.” The same consequences apply if someone possesses or uses other devices or substances that can be used to break into, unlock or operate a vehicle illegally.
Proving intent to use
Any criminal offense that involves intent can be challenging for prosecutors to prove. However, if someone is found with an AutoProPAD who doesn’t appear to have any legitimate purpose for it, that can be problematic. Certainly, if it’s found at the scene of what appears to be an attempted auto theft or on someone suspected of auto theft, that can be even more difficult to defend.
Regardless of the circumstances at issue, anyone who is charged with any offense related to vehicle theft should get sound legal guidance as early as possible. It’s also important for those charged with a crime to have their own legal counsel to separate themselves from anyone arrested and charged with the same offense in order to more effectively protect their rights.]]>On Behalf of Wesley Todd PLLC<![CDATA[What should you know about Michigan expungement?]]>https://www.wesleytoddpllc.com/?p=2562722026-08-22T14:11:22Z2026-08-22T14:11:22ZWhat does expungement do?
State law explains that an expunged conviction is removed from public view. This means most employers, landlords and ordinary background checks will not see it. However, law enforcement and certain licensing agencies may retain access to nonpublic information.
Some traffic convictions present another important distinction. Although certain traffic offenses can potentially be set aside from the criminal record, the Michigan Attorney General notes that they may remain on the person's driving record.
Find out whether you need to apply
Before preparing an application, check whether your conviction may qualify for Michigan's automatic set-aside process. Under the Clean Slate system, certain misdemeanors may be automatically set aside after seven years, while qualifying felonies may be automatically cleared after 10 years.
If your conviction does not qualify for automatic removal, you may still be eligible to petition the court.
Get the paperwork right
Expungement under Michigan law requires specific information in an application, including:
Identifying information
Certified conviction records
Information about previous set-aside applications
Disclosure of pending criminal charges
This application must be signed under oath. In addition, applicants going through the petition process must also complete fingerprint-related requirements. The fingerprints are used to check state and federal criminal history information.
If you are uncertain about eligibility, consider discussing your situation with a legal professional before filing. They can evaluate the applicable Michigan requirements and help you prepare for the court process effectively.]]>On Behalf of Wesley Todd PLLC<![CDATA[Michigan has strengthened and broadened its hate crimes law]]>https://www.wesleytoddpllc.com/?p=2562702026-08-05T23:15:25Z2026-08-05T23:15:25Zhate crime laws were inadequate to deter and properly prosecute those that target Michigan residents with fear and hatred, simply for who they are.”
Hate crime offenses
The offenses included in the law involve:
Using “force or violence” against another person
Causing bodily injury
Stalking
Damaging, defacing or destroying another person’s property
It also includes making a “true threat” to commit any of these offenses. That’s defined as a “statement in which the speaker means to communicate a serious expression of an intent” to harm someone or cause damage. The law notes that someone is “not liable for communicating a true threat if the speaker was unaware that the individual or the group of individuals could regard the statement as threatening violence.”
Protected characteristics
To be charged with a hate crime, the alleged offense must be against someone for their actual or perceived:
Age
Disability (physical or mental)
Ethnicity
Gender identity/expression
National origin
Race/color
Religion
Sex
Sexual orientation
The law also applies to anyone who is targeted because of their “association or affiliation with an individual or group of individuals” who have one or more of these protected characteristics even if the person attacked was an ally.
Penalties
As noted, the penalties have been strengthened. Hate crime charges are felonies. A first offense could carry up to a two-year prison sentence and/or $5,000 fine. The penalties increase with subsequent offenses, the seriousness of the offense, when a “dangerous weapon” is used and under other circumstances.
Those charged with a hate crime are generally charged with the underlying or “base” offense as well. For example, they could face an assault charge as well as a hate crime charge if they’re accused of attacking someone based on their race or perceived sexual orientation.
For prosecutors to prove that someone committed a hate crime, they need to prove the alleged perpetrator’s intent. That’s often not as clearcut as proving that they committed the actual offense unless it involved something like graffiti using slurs targeted at someone’s race, faith or other protected characteristic. For this, and many other consequential reasons, anyone who is facing hate crime charges, regardless of their circumstances, should get sound legal guidance as early as possible.]]>On Behalf of Wesley Todd PLLC<![CDATA[What is a Miranda rights violation?]]>https://www.wesleytoddpllc.com/?p=2562662026-07-25T15:08:42Z2026-07-25T15:08:42ZHow do police officers violate people's Miranda rights?
There are two main ways in which police officers may violate the Miranda rights of people taken into state custody. The first is by failing to provide the Miranda warning before beginning the questioning process with someone who is in state custody. Interrogating a person without informing them of their right to remain silent or the right to legal representation is a violation of their rights as established by a Supreme Court ruling decades ago.
The second way in which law enforcement professionals may violate a person's Miranda rights involves ignoring attempts to invoke those rights. If an individual verbally indicates they want to remain silent, police officers should not continue pressuring or questioning them. If they state that they need to speak with a lawyer, police officers should grant them an opportunity to do so.
Ignoring attempts to make use of Miranda rights when directly communicated by a person in state custody is a violation of that person's rights. When Miranda rights violations occur, confessions, contradictory statements and other information gathered by questioning may not be admissible as evidence should the matter go to trial.
Speaking with an attorney about potential Miranda rights violations can be beneficial for criminal defendants. A lawyer can help people determine if a violation did occur and respond appropriately should the state bring charges.]]>On Behalf of Wesley Todd PLLC<![CDATA[Felony firearm charges and mandatory sentencing in Michigan]]>https://www.wesleytoddpllc.com/?p=2562642026-07-18T23:01:26Z2026-07-18T23:01:26ZHow felony firearm charges work
Michigan felony gun charges apply when someone is in possession of a firearm during the commission or attempted commission of a felony. The law covers both actual possession and constructive possession.
Actual possession means the firearm was found in a person's direct, physical control. Constructive possession means it was found near enough for an individual to take control of it. Examples include having a firearm in a vehicle, in a nearby location or stored in a place under a person’s control.
Many people believe constructive possession is less serious than actual possession. However, it can still lead to a harsh outcome upon conviction.
Common defenses in felony cases
Firearm cases charged as felonies often involve disputes about possession. Prosecutors try to demonstrate that the person knew about the firearm and had the intent and ability to control it. Potential defenses include the following:
Lack of knowledge of the weapon
No actual or constructive possession
Firearm was not used during a felony
Unlawful search or seizure
The court will review the underlying felony charge, the firearm evidence and the person’s history. With solid evidence and skilled legal guidance, it is possible to present a solid defense against serious gun charges.]]>On Behalf of Wesley Todd PLLC<![CDATA[3 requirements for a self-defense claim in Michigan]]>https://www.wesleytoddpllc.com/?p=2562622026-06-30T15:28:41Z2026-06-30T15:28:41Z1. Lawful presence
People generally can only engage in self-defense when they are lawfully present in a location. Those trespassing or committing a crime when an incident occurs do not automatically have the right to use physical force to protect themselves against the violence of others, whose actions may simply be a response to a crime in progress.
2. Reasonable safety concerns
For a self-defense claim to hold up during criminal proceedings, it must pass the reasonable person test. Would another reasonable adult in the same situation determine that physical force is necessary for self-protection? If other people may not view certain words or actions as credible threats, then people may struggle to assert that they acted in self-defense.
3. Proportional response
Responding to one person's attempt to trip another with deadly force is likely a disproportionate response. People acting in self-defense must ensure that the amount of force they use is appropriate given the degree of threat they believe is present in the situation.
Working with a criminal defense attorney can help people decide if a claim of self-defense is an appropriate legal strategy. A lawyer can help evaluate the situation at issue and begin strategizing accordingly.]]>On Behalf of Wesley Todd PLLC<![CDATA[Prescription drugs and DUI stops]]>https://www.wesleytoddpllc.com/?p=2562602026-06-21T09:50:31Z2026-06-21T09:50:31ZMost DUI stops in Michigan revolve around alcohol use. People may have been drinking at bars or restaurants or simply having alcoholic beverages at home. They get pulled over by police officers, who then administer a breath test to determine their blood alcohol concentration and level of impairment.
But it is also important to remember the role prescription drugs can play. Impaired driving is still illegal, even if that impairment comes from a prescription medication and not alcohol.
Operating a motor vehicle
First and foremost, consider the instructions that come with any prescription drug, and even some over-the-counter medications. They may tell you not to operate a motor vehicle after taking the medication in question.In some cases, this is phrased as "operating heavy machinery." People sometimes overlook the fact that this includes driving a car, not just using construction machinery, forklifts or something of that nature.
Exaggerated effects
On top of that, remember that some medications can exaggerate the effects of alcohol. Examples could include certain blood thinners, painkillers or other medications that cause drowsiness or impairment.In other words, a person may think that it is no problem to have one drink and drive their car because they normally would be well under the legal limit. But if they are also taking a certain medication, a much smaller amount of alcohol than usual could still lead to significant impairment.
Your defense options
If you are facing drunk driving allegations in Michigan, they can have a major impact on your future and your reputation. Be sure you know what legal defense options you have.
]]>On Behalf of Wesley Todd PLLC<![CDATA[3 times police officers can lawfully search a vehicle]]>https://www.wesleytoddpllc.com/?p=2561872026-06-04T16:58:24Z2026-06-04T16:58:24Z1. Searching with a warrant
In scenarios where police officers have compelling reasons to believe that a vehicle contains evidence of criminal activity, they can ask a judge for a search warrant. A proper search warrant allows police officers to impound a vehicle and conduct a thorough search without violating the rights of an individual.
2. Searching with probable cause
Many vehicle searches occur during traffic stops or at the scene of a crash. Police officers hear, see or possibly even smell something that gives them reason to believe a specific crime occurred. A claim of probable cause requires an articulable suspicion of a specific criminal offense.
3. Searching with driver permission
People stopped by police officers often assume they must comply with any requests made. If an officer asks to search a vehicle, motorists may give their permission. They usually cannot revoke that permission if officers continue to search for an inconvenient amount of time. Police officers often ask for permission when they may not otherwise have the necessary grounds to search a vehicle.
Drivers who know their rights can assert them during police encounters. They can also fight back against misconduct after an arrest. Reviewing the circumstances of a police search with a skilled legal team may be part of developing a criminal defense strategy with the help of an attorney.]]>On Behalf of Wesley Todd PLLC<![CDATA[Will a cup of coffee sober you up after a night out?]]>https://www.wesleytoddpllc.com/?p=2561712026-05-27T15:59:47Z2026-05-27T15:59:47ZNo, a cup of coffee cannot sober you up. If you spent the night out drinking with friends and you want to sober up before getting behind the wheel, people may tell you to drink coffee as a way to lower your blood alcohol concentration (BAC). But this is a common myth, and it does not actually work.When it comes to lowering your BAC, the main thing that matters is time. You simply have to wait and allow your body to metabolize the alcohol. Over time, your BAC will gradually return to a safe level.But you cannot significantly speed up that process. Coffee does not make you sober up faster than drinking water. Taking a shower or eating a meal also does not rapidly reduce your BAC. Your body just needs more time to process the alcohol.
Why does this myth get repeated?
There are certainly people who have believed the myth that coffee can sober them up and then found themselves facing impaired driving charges when it did not work.One reason the myth persists is that many people who have had too much to drink also feel tired, groggy or fatigued. Drinking coffee can help them feel more awake and alert. They may mistake this feeling for sobriety, even though their BAC has not actually dropped in a meaningful way.
Impaired driving defense options
An impaired driving charge can have a major impact on your future. If you find yourself in this position, it is important to understand what defense options may be available to you and what legal steps you should take moving forward.
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