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Attorney Shelly McFarlane

 

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One of Top Sobriety Court Attorneys in Michigan!

Attorney Shelly McFarlane is one of the top Genesee County Sobriety Court Attorneys. Shelly McFarlane is known all over Michigan as a fighter for the underdog! Although Attorney Shelly McFarlane travels to all lower Michigan counties, she is especially revered in Genesee County, Michigan.  She regularly fights to help Genesee County Sobriety Court participants get help with DUI charges.  If you are contemplating your best options for criminal defense, make sure you call Attorney Shelly! Shelly McFarlane is an expert in Genesee County Sobriety Court cases. Why settle!

Specializing in Criminal Defense

Although there are broad guides and principles to make sure justice is served, not all crimes are created equal. There are many circumstances and factors that influence the outcome of sentencing, which is why you should not take your chances going alone in court. Regardless if you’ve been charged with a misdemeanor or felony, Shelly McFarlane handles each case with a fresh, objective view and is prepared to take your case head on to ensure all details are considered. Know your rights and stay ahead by calling Shelly before charges are filed.

It is important to take your charges seriously right from the start. Call Attorney Shelly and she can explain all of your legal options.

Attorney Shelly can help with current charges and past convictions. A felony can generally be expunged from public record if a person is not convicted of more than one felony and not more than two misdemeanors. There are several factors that need to be considered for an expungement, CALL NOW to set up an appointment. 810-820-9860.

Practice Areas

Alcohol Related Offenses

Attorney Shelly has vast experience with getting people the treatment that they need. With her exposure to the Genesee County Drug Court and her involvement with the Genesee County Sobriety Court, Attorney Shelly can give clients the tools they need to succeed and get them the help that they want.

Common Alcohol-Related Charges

  • DWI- Driving While Intoxicated
  • OWI- Operating While INtoxicated
  • DUI- Driving Under the Influence
  • UBAL- Unlawful Blood Alcohol Level

What to expect if convicted of an alcohol-related charge

If you’re lucky, you’ll walk away with getting points on your driving record. If you’re charged with a felony you could face 90+ days in jail, $500 fine, probation, random alcohol screenings, substance abuse treatment.

Consecutive Offenses

If you have been convicted of an alcohol offense in the past seven years, a new charge will be considered a ‘second offense.’ Jail time is most likely if convicted.  A second offense may be punishable by up to one-year incarceration and/or 30 days of community service, a fine of $200-$1,000, up to two years probation and a period of substance abuse education or possible treatment. Often, the driver’s vehicle must be immobilized for at least 90 days if it’s not forfeited.

If you are convicted for a third time in your life, it is considered a felony punishable by a minimum of 30 days in jail and fine of $5,000+.   If the vehicle is not forfeited, you may also face up to five years of probation and vehicle immobilization for at least one year. You may not be able to apply for a driver’s license for five years if your driver’s license has not been permanently revoked.

Super Drunk

If you’ve been charged with a “Super Drunk” then, you had a high BAC of= .17% or higher. Potentially,  you could face over $700 in fines, up to 180 days in jail and up to two years probation. In addition to points on your license, You can also expect mandatory alcohol treatment or education. A restricted license is required for one year with an interlock device after a determined period of revoking your driver’s license altogether.

Serious Personal Injury Resulting From Drunk Driving

Individuals accused of drunk driving resulting in a serious personal injury face up to five years in prison, a fine of $5,000+, and a revoked driving privileges for at least one year.

A fatality resulting from drunk driving is a felony punishable by up to 15 years incarceration, a fine of $1,000-$5,000, and a revoked driver license for no less than one year. For maximal situations, the driver can be charged with manslaughter (15-year felony) or also be charged with second-degree murder, facing up to life in prison.

Underage Passengers

If you are stopped for drinking and driving and with a passenger under 16 years old, you could face up to a year in jail with a minimum of 90 days complete loss of driving privileges. This is in addition to the actual alcohol charge.

Other Offenses

In addition, operating a vehicle while under the influence of drugs or medication, including marijuana or over the counter medication, the offense is treated like a drunk driving conviction. There may be exceptions for medical marijuana patients. You are not excused from this crime but you may have defenses.

Drug Related Offenses

With her exposure to the Genesee County Drug Court and her involvement with the Genesee County Sobriety Court, Attorney Shelly can give clients the tools they need to succeed and get them the help that they want. Upon arrested it is critical that you attain capable, legal representation immediately. Especially if the following may apply:

  • The alleged drug offense occurred within or partially within the state of Michigan
  • You have been accused of a crime that caused substantial affliction in the state of Michigan
  • Victim or any agent/employee of a government unit posed as a victim was located in or lived in the state of Michigan at the time of the alleged drug offense.
  • You, or another individual involved in a conspiracy arrangement provoked by you, conspired to commit a crime within Michigan and acted in a way to further the conspire.
  • You have been accused of conduct, indicating an attempt to commit a crime in Michigan

Call an Attorney First

Pay attention to whether police read you your rights. Police MUST read an individual his or her Miranda rights prior to asking any questions. If they begin asking questions without doing so, this may be used as a defense in court. Regardless, do not answer questions!

Upon arrest, do not talk to police. They will try to convince you that talking to them will ultimately benefit you. Do not consent to a search your property; without your consent, the police must obtain a search warrant. They are not your friends. Remember, the police can use anything you say against you- and they will.

Meeting With Your Attorney

When someone has just been arrested it is arduous to know what to do next, or how to react. This is a frightening and stressful experience, however, it is imperative that you understand what to do and not do in order best protect yourself from being charged with a crime. Even if you feel that the details surrounding your arrest may incriminate you, tell your attorney the truth. An effective defense strategy cannot be developed without knowing the situation. Your attorney thoroughly understands the law, and the repercussions you face if your legal rights are not protected. It’s crucial for your freedom and future that you are honest about the details that led to your arrest.

First Appearance Before a Judge

Appearing alone in front of the judge can be extremely intimidating. It’s essential that you attain the legal representation of a proficient lawyer to direct you throughout this process. You will immediately face an initial appearance before a judge with the opportunity to make a public statement. You will also have the opportunity to answer any questions regarding the charge against you.

Traffic Citations

Traffic citations are bound to happen to everyone. Most of these infractions may not require legal assistance. If this is the case, generally, you can get away with paying a fine with a ‘conviction’ on your DMV record and points on your driver’s license. However, multiple convictions and an increase of points on your license may cause your car insurance premiums to go up in price or driver’s license suspension.  Call Attorney Shelly, she can evaluate your circumstances and advise you on whether it may be worth fighting a ticket.

 Traffic tickets – misdemeanor or a felony?

Your traffic violation may be considered a misdemeanor or felony if there is damage to property or personal injuries are involved. If you’re concerned your traffic violations may become a misdemeanor or felony, call Shelly.

Other Traffic Misdemeanors

  • Driving without a license
  • Driving without insurance
  • Driving under the influence (DUI)

How Many Points Will I Get On My Record?

Contact Attorney Shelly McFarlane at (810) 820-9860 if you need help with checking your record at Genesee County 67th District Court.  Attorney Shelley McFarlane is one of the TOP  Sobriety Court attorneys in Michigan. One of her specialties is  criminal defense for alcohol and drug issues in the 67th District Genesee County Sobriety Court.  Get expert legal help!

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