CRIMINAL DEFENSE

An arrest, criminal investigation, or criminal charge can affect your freedom, your family, your job, your reputation, your driver’s license, your record, and your future. It can also be confusing and frightening, especially if you have never been charged with a crime before.

At The Law Offices of Gerald F. Chefalo, we represent people charged with felonies, misdemeanors, OWI/DUI, domestic violence, drug crimes, assaultive offenses, theft crimes, traffic misdemeanors, probation violations, and other criminal matters in Traverse City and throughout Northern Michigan, including Grand Traverse, Leelanau, Antrim, Benzie, Kalkaska, Charlevoix, Emmet, and Manistee Counties.

If you have been arrested, charged, contacted by police, or told that you are under investigation, do not try to explain your way out of the situation. You have the right to remain silent. You have the right to speak with an attorney. Before answering questions, giving a statement, consenting to a search, or discussing the case with anyone other than your lawyer, call our office.

Call 231-929-7744.

Criminal Charges We Handle

We defend clients in a wide range of Michigan criminal cases, including:

• OWI, DUI, drunk driving, drugged driving, and alcohol-related driving offenses
• Domestic violence and domestic assault
• Assault and battery
• Felonious assault
• Assault by strangulation or suffocation
• Drug possession
• Possession with intent to deliver
• Delivery or manufacture of controlled substances
• Marijuana-related offenses
• Prescription drug offenses
• Theft and retail fraud
• Embezzlement and fraud
• Bad-check and financial crimes
• Home invasion and property crimes
• Malicious destruction of property
• Weapons and firearm charges
• Probation violations
• Bond violations
• No-contact order violations
• Personal protection order violations
• Traffic misdemeanors
• Driving while license suspended or revoked
• Sex-crime allegations
• Child-abuse allegations
• White-collar criminal allegations
• Serious felony charges
• Homicide and open-murder defense
• Juvenile and young-adult criminal matters, where applicable

The exact charge matters. So do the facts, the evidence, prior record, bond conditions, immigration consequences for noncitizens if applicable, professional licensing concerns, driver’s license issues, employment consequences, and whether the case is in district court, circuit court, juvenile court, or federal court.

Pre-Charge Investigations

Not every criminal case begins with an arrest. Sometimes police contact a person before charges are filed, ask for an interview, request a phone call, leave a card, or say they “just want to hear your side.”

If you believe you are under investigation, speak with a lawyer before contacting police or making any statement. Early legal advice may help protect your rights, preserve evidence, communicate with investigators or prosecutors when appropriate, and avoid statements that can later be used against you.

A pre-charge investigation should be taken seriously even if no warrant, complaint, or court date has been issued yet.

What To Do Immediately After an Arrest or Criminal Charge

The first decisions after an arrest can affect the rest of the case.

Do not make statements to police without an attorney. Do not consent to a search or provide access to your phone, vehicle, home, or belongings without first speaking with an attorney. Do not discuss the facts by text, email, phone, social media, jail phone, or with anyone other than your lawyer. Do not assume that an informal conversation with police is “off the record.” Do not delete messages, photos, videos, or posts without first discussing evidence preservation with counsel.

If you are released from jail, read your bond conditions carefully. Bond conditions may restrict travel, contact with certain people, alcohol or drug use, weapons, driving, location, or other conduct. Violating bond can create new problems even if the original charge is disputed.

If you receive court paperwork, keep it. Bring all tickets, complaints, warrants, bond paperwork, police reports, court notices, probation paperwork, photos, videos, messages, witness information, and any evidence that may help explain what happened.

Your Right to Remain Silent and Your Right to Counsel

You have the right to remain silent. You also have the right to speak with a lawyer before custodial interrogation.

If police want to question you, the safest response is clear and simple:

“I am exercising my right to remain silent. I want to speak with a lawyer.”

After that, stop talking about the case.

Statements that seem harmless may later be used against you. Police reports, recordings, body-camera footage, interviews, and witness statements can all become part of the case. The earlier an attorney is involved, the sooner the defense can begin protecting your rights and preserving important evidence.

If you cannot afford an attorney and qualify financially, the court must advise you about court-appointed counsel.

Arrests, Warrants, and Warrantless Arrests

A criminal case may begin with an arrest, a warrant, a summons, a citation, or an investigation.

A warrant is a written court order authorizing an arrest. In other cases, Michigan law allows police to arrest without a warrant under certain circumstances, including when certain offenses are committed in the officer’s presence, when the officer has reasonable cause to believe a felony has been committed and that the person committed it, and when other statutory grounds exist.

If you are arrested without a warrant, the prosecutor must still proceed through the required court process. The legality of the stop, arrest, search, seizure, and statements may become important defense issues.

Search and Seizure Issues

Many criminal cases turn on how evidence was obtained.

Search-and-seizure issues may involve vehicles, homes, phones, clothing, backpacks, purses, statements, bodily evidence, drugs, weapons, alcohol testing, blood testing, surveillance, GPS data, or electronic communications.

Depending on the facts, the defense may involve questions such as:

• Was the stop lawful?
• Was the arrest lawful?
• Was there a valid warrant?
• If there was no warrant, did a recognized exception apply?
• Was consent actually given and legally valid?
• Was the search broader than the law allows?
• Were statements obtained in violation of constitutional rights?
• Was evidence properly collected, preserved, tested, and disclosed?
• Is there body-camera, dash-camera, 911, dispatch, phone, GPS, or surveillance evidence that should be preserved?

If evidence was obtained unlawfully, a motion to suppress may be appropriate.

Arraignment, Bond, and Release Conditions

After a criminal complaint or warrant is filed, the court conducts an arraignment. At arraignment, the court advises the accused of the charge, certain rights, and possible penalties, and addresses bond or release conditions.

Bond is not only about money. The court may release a person on personal recognizance, an unsecured bond, a conditional bond, or a money bond depending on the case. Conditions may include no contact, travel limits, testing, treatment, firearm restrictions, alcohol restrictions, GPS monitoring, or other requirements.

Bond conditions must be taken seriously. A violation can lead to bond revocation, jail, new charges, or a worse position in the case.

If bond conditions are unreasonable or create serious hardship, an attorney may be able to ask the court to review or modify them. Do not violate the order first and try to explain later.

Misdemeanor Cases

Misdemeanors are criminal offenses that can still carry serious consequences.

A misdemeanor may involve jail, probation, fines and costs, counseling, testing, community service, restitution, no-contact orders, license consequences, immigration consequences for noncitizens, employment issues, and a public criminal record.

Common misdemeanor cases include OWI, domestic violence, assault and battery, retail fraud, driving while license suspended, disorderly conduct, trespass, malicious destruction of property, and probation violations.

Even when jail is unlikely, the record and collateral consequences may matter. A misdemeanor should be reviewed carefully before any plea is entered.

Felony Cases

Felony cases are more serious and are handled differently than misdemeanors.

In Michigan felony cases, the district court generally handles the initial arraignment, probable-cause conference, and preliminary examination. If the case is bound over, the case moves to circuit court for further proceedings.

A preliminary examination is a hearing where the court determines whether there is probable cause to believe that a crime was committed and probable cause to believe the defendant committed it. Depending on the case, a preliminary examination may be contested, waived, adjourned, or used as an opportunity to examine witnesses, test evidence, negotiate, or narrow the issues.

Felony cases may involve motions, discovery, forensic evidence, expert issues, plea negotiations, trial preparation, sentencing guidelines, restitution, and long-term collateral consequences.

Probation Violations

A probation violation can be serious even when the original offense was resolved without jail.

Probation violations may involve missed appointments, failed tests, new arrests, failure to complete treatment, unpaid fines or costs, contact violations, travel violations, or failure to comply with other court-ordered conditions.

If you are accused of violating probation, do not wait. A probation violation can expose you to additional penalties, including jail or prison depending on the original case and the alleged violation.

Deferrals, Diversion, and First-Offender Options

In some cases, Michigan law may provide a deferral, diversion, treatment-court option, or other resolution that can reduce the long-term effect of a criminal charge.

These options are limited and depend on the charge, age, record, facts, prosecutor, judge, victim position where applicable, and statutory eligibility. Examples may include first-offender drug treatment options, youthful-trainee status for certain eligible young adults, specialty courts, delayed sentencing, or other negotiated outcomes where legally available.

No one should assume that a charge will automatically stay off a public record. These issues should be reviewed early, before any plea is entered.

Specialty Courts and Treatment Options

In appropriate cases, specialty courts or treatment-based options may be available. These may include sobriety court, drug court, veterans’ treatment court, mental-health treatment options, or other programs depending on the county, charge, eligibility rules, and facts.

Treatment-based options are not available in every case, and they may require careful evaluation before agreeing to participate. For some clients, they may provide structure, support, and a better path forward than traditional sentencing.

Criminal Charges Can Affect More Than Jail

A criminal case can affect more than the sentence imposed by the court.

Depending on the charge and the person’s circumstances, a case may affect employment, housing, education, immigration status for noncitizens, professional licensing, firearms rights, driver’s license status, custody or parenting-time proceedings, military service, security clearance, travel, and reputation.

Before entering any plea, it is important to understand both the direct penalties and the collateral consequences.

Preserving Evidence

Important evidence can disappear quickly.

Depending on the case, evidence may include:

• 911 recordings
• Dispatch recordings
• Police body-camera footage
• Dash-camera footage
• Surveillance video
• Doorbell-camera footage
• Text messages
• Voicemails
• Emails
• Social media messages
• Phone records
• GPS or location data
• Photographs
• Medical records
• Witness names and contact information
• Vehicle information
• Testing records
• Lab reports

Early legal action can help identify what evidence exists and whether preservation requests, discovery requests, subpoenas, motions, or investigation are needed.

How Criminal Cases Are Defended

Every criminal case is different. A defense strategy should be based on the facts, the law, the evidence, the client’s goals, and the risks.

Depending on the case, defense work may include:

• Reviewing police reports and body-camera footage
• Obtaining discovery from the prosecutor
• Preserving 911, dispatch, and video evidence
• Investigating witnesses
• Reviewing constitutional issues
• Challenging unlawful stops, searches, seizures, or statements
• Filing motions
• Reviewing forensic or testing evidence
• Evaluating charge reductions or dismissal arguments
• Negotiating where appropriate
• Preparing for preliminary examination
• Preparing for trial
• Preparing sentencing mitigation when needed
• Protecting licensing, employment, custody, immigration, and driver’s license concerns where applicable
• Keeping the client informed throughout the process

Some cases should be negotiated. Some should be challenged through motions. Some should go to trial. Some require a careful resolution that protects the client from the most serious consequences. The right strategy depends on the case.

Pleas, Trials, and Sentencing

Not every criminal case goes to trial. Many cases are resolved through dismissal, reduction, deferral, diversion, plea agreement, or sentencing agreement where legally available and appropriate.

A plea should never be entered casually. Before entering a plea, a person should understand the charge, factual basis, possible penalties, sentencing consequences, probation terms, restitution, license consequences, immigration consequences for noncitizens, firearm consequences, registration consequences if applicable, and the effect on employment, housing, education, custody, or professional licensing.

If a case goes to trial, the prosecution has the burden of proof beyond a reasonable doubt. The accused is presumed innocent unless and until proven guilty.

If a conviction occurs, sentencing preparation matters. The court may consider the offense, the record, the sentencing guidelines where applicable, victim impact, restitution, rehabilitation, treatment, employment, family obligations, and other relevant information.

Expungement and Record-Clearing Issues

Some Michigan convictions may later be eligible to be set aside, and some eligible convictions may be handled through Michigan’s automatic Clean Slate process. Eligibility depends on the offense, record, waiting periods, exclusions, and statutory requirements.

Expungement should not be treated as a substitute for defending the case correctly at the beginning. The best time to think about long-term record consequences is before a plea is entered, not years later.

Local Criminal Defense in Northern Michigan Courts

Criminal cases are handled differently depending on the county, court, judge, prosecutor, police agency, probation department, charge, record, and facts.

Our office represents clients in Traverse City and throughout Northern Michigan, including Grand Traverse, Leelanau, Antrim, Benzie, Kalkaska, Charlevoix, Emmet, and Manistee Counties.

Local knowledge matters. Court procedures, bond practices, plea discussions, treatment options, specialty courts, probation expectations, and sentencing practices can vary from county to county.

Talk to a Traverse City Criminal Defense Attorney

An arrest is not a conviction. A charge is not proof. The prosecution still has the burden of proof, and the evidence should be examined carefully before decisions are made.

Gerald F. Chefalo represents clients charged with felonies, misdemeanors, OWI/DUI, domestic violence, drug crimes, assault, theft, traffic misdemeanors, probation violations, and serious criminal offenses throughout Northern Michigan.

If you have been arrested, charged, contacted by police, or told that you are under investigation, call before you talk.

Call The Law Offices of Gerald F. Chefalo at 231-929-7744.