McDonald Pierangeli Macfarlane, PLLC McDonald Pierangeli Macfarlane, PLLC 2026-10-13T08:27:38Z https://www.mpmtrialattorneys.com/feed/atom/ WordPress /wp-content/uploads/sites/1203344/2022/11/cropped-site-icon-32x32.jpg On Behalf of McDonald Pierangeli Macfarlane, PLLC <![CDATA[How Michigan’s clean slate law affects your criminal record]]> https://www.mpmtrialattorneys.com/?p=49475 2026-10-08T08:28:59Z 2026-10-13T08:27:38Z Understanding automatic set-asides The state now uses a digital system to clear specific convictions without asking a person to file a request. Accordingly, the state’s automatic set-aside process generally applies to eligible misdemeanor convictions seven years after sentencing and to certain eligible felony convictions ten years after sentencing or the completion of a term of imprisonment, whichever occurs later. Many offenses are excluded, including certain violent crimes, traffic offenses and sexual offenses.

Eligibility for manual petitions

While this system helps many, it does not cover every case or type of crime. You may still need to file a formal application if your conviction does not qualify for relief under current laws. The court reviews your actions since the conviction, among other factors and checks whether it should set aside your criminal record. Michigan law generally allows individuals to petition for the expungement of up to three felonies and an unlimited number of misdemeanors in their lifetime, subject to specific offense restrictions. This process gives a path for those with complex records to seek a fresh start. Showing positive change since the conviction can strengthen a petition for relief.

Steps for the application process

Meeting the eligibility rules for a request involves following strict procedural steps to be sure of the facts. The process requires obtaining official court records and submitting fingerprints to the Michigan State Police for a background check. Applicants must notify the prosecuting attorney of the county where the conviction occurred. They must also notify the Michigan Attorney General for all manual expungement petitions. Following these legal steps helps the court have the necessary information to make a fair decision. A judge will then determine whether setting aside the conviction serves the public good. Correctly managing the mandatory legal paperwork prevents delays throughout the legal process.

What happens after a set-aside is granted

Having a conviction set aside generally removes barriers to employment and housing. However, the legal path to achieve it can be complex at times. An attorney familiar with Michigan's expungement process can review your record and identify the most practical path forward.]]> On Behalf of McDonald Pierangeli Macfarlane, PLLC <![CDATA[Can limited hand function affect your SSDI claim?]]> https://www.mpmtrialattorneys.com/?p=49470 2026-09-30T12:08:25Z 2026-10-05T12:07:03Z How SSA looks at your past work One part of the SSDI review asks whether you can still do past relevant work. SSA compares your current abilities with what that job required from you. It may look at how you actually did the job or how workers usually perform it. Your hand use can make a difference in that review. For example, your factory job might have required frequent gripping or precise finger movements. If medical records show that you now struggle with those tasks, SSA takes those limits into account when deciding if you can still perform that work.

What SSA looks at next

If you cannot return to past relevant work, SSA looks at other jobs you may still be able to perform. It also considers your age, education and work history. Limits on gripping, reaching or finger use may reduce the types of jobs you can do. SSA guidance recognizes that serious hand limits can rule out many kinds of work. How much they affect your claim depends on what your hands can still do during a normal workday.

Clarify what your job required

Details about your past job give SSA useful context. You may want to review whether your work history explains how often you used tools or made repeated hand movements. Medical records that describe your hand limits can also support the restrictions listed in your benefits application.]]> by McDonald Pierangeli Macfarlane, PLLC <![CDATA[SSDI vs. SSI: Understanding the difference in Michigan]]> https://www.mpmtrialattorneys.com/?p=49472 2026-09-24T09:23:23Z 2026-09-29T09:21:36Z SSDI depends on your work history SSDI can provide benefits if your disability prevents you from working, and you have enough work credits. You earn work credits by working and paying Social Security taxes. The number of credits you need depends on your age and work history. You also must meet Social Security’s rules for disability

SSI depends on your income and resources

SSI focuses on your financial situation. To qualify, you generally need to have:
  • A functional limitation, blindness or be age 65 or older
  • Limited income
  • Limited resources, such as money or property
  • U.S. citizenship or a qualifying immigration status
Your work history does not determine whether you qualify for SSI.

Michigan has its own disability assistance program

The state also offers State Disability Assistance (SDA), which provides cash assistance to eligible adults with disabilities. For SDA purposes, Michigan may consider you disabled if a physical or mental disability prevents you from working for at least 90 days. The program also has income, asset and residency requirements.

Finding the right disability support for you

Living with a disability can make work and financial security harder, yet choosing to keep working takes courage and determination. If you need financial support, learning the differences between SSDI, SSI and SDA can help you find the program that fits your situation and take the right next step.]]> On Behalf of McDonald Pierangeli Macfarlane, PLLC <![CDATA[How alcohol or drug offenses can impact college prospects]]> https://www.mpmtrialattorneys.com/?p=49469 2026-09-14T15:00:03Z 2026-09-14T15:00:03Z As your student heads to college in Iowa, it is easy to focus on things like class schedules or homesickness. However, you should also know that just one alcohol or drug incident can cause long-lasting trouble. Even if an offense seems minor, it can affect your child’s scholarships, financial aid, housing and enrollment.

Criminal Consequences in Iowa

Iowa law is very strict about underage drinking and drug possession. A first-offense PAULA (Possession of Alcohol Under the Legal Age) is a simple misdemeanor. While it may seem small, it still creates a criminal record. Drug possession charges are even more serious and can lead to jail time and more severe penalties. A criminal record can follow a student long after they graduate. It can make it harder to find a job or get a professional license. It may even cause problems when applying for an apartment.

Campus consequences

Underage drinking and public intoxication can lead to both criminal charges and school discipline. Colleges usually have their own sets of rules. They often handle these cases separately from the court system. Your student could face probation, mandatory counseling or suspension. These penalties can happen even before there is a court date. Many schools also use "interim measures." This means a college might remove your child from the dorms while investigating the incident. Scholarships are also at risk. Many merit-based and private scholarships require students to follow a code of conduct. If a student violates these rules, the school or donor may reduce or cancel the award. Even if the rules do not say so specifically, donors often have the right to pull funding for serious bad behavior.

Protecting your child

Consider having honest conversations with your college-bound child about the risks of certain offenses before they leave home. “Everyone does it” will not protect them from serious consequences. You can encourage them to make informed decisions before your child encounter law enforcement. If your child faces alcohol or drug charges, consulting an experienced legal professional is an essential first step. A court can reduce or defer many offenses, potentially preserving their financial aid and academic standing.]]> On Behalf of McDonald Pierangeli Macfarlane, PLLC <![CDATA[Can you work while applying for SSDI in Michigan?]]> https://www.mpmtrialattorneys.com/?p=49467 2026-09-08T09:31:27Z 2026-09-11T09:30:58Z Getting sick or injured does not always mean you must stop working right away. If you are applying for Social Security Disability Insurance (SSDI) in Michigan, you may wonder whether earning a paycheck could hurt your application. The answer depends on how much you work and earn, as well as whether your work shows that you can perform substantial work.

How working can affect an SSDI application

The Social Security Administration (SSA) uses substantial gainful activity (SGA) to help decide whether someone has a disability that prevents them from working. For 2026, the SSA sets the monthly SGA threshold at $1,690 for non-blind individuals and $2,830 for people who are statutorily blind. Going over the applicable amount may affect eligibility for SSDI benefits. However, working does not always end an application. For example, earning below the SGA limit may allow your application to continue. The SSA also considers certain work attempts that do not last or do not produce enough income. Keeping records of your hours, earnings and changes in your work can help show how your medical condition affects your ability to work. Reporting changes in employment can also create a clearer record for the SSA to review.

What the SSA may consider about your work

The SSA may look at more than whether you have a job. Several details can affect how the agency views your work activity, including:
  • How much you earn each month
  • How many hours you work
  • Whether your medical condition limits your duties
  • Whether you stopped working because of your condition
  • Whether you received special help or accommodations at work
For example, working fewer hours because of severe back pain may provide important context about your ability to maintain employment. Getting legal assistance can help you present work and medical information in a way that addresses the issues the SSA may consider.

When work becomes part of the SSDI question

Working while applying for SSDI does not automatically mean your claim will fail. Still, your earnings and work activity can play an important role in the decision. Knowing how the SSA evaluates work activity may help you see where your application stands and what issues could affect your claim.]]> On Behalf of McDonald Pierangeli Macfarlane, PLLC <![CDATA[Charged with assault in Michigan? It’s time to learn more]]> https://www.mpmtrialattorneys.com/?p=49466 2026-08-25T17:23:25Z 2026-08-28T17:22:34Z Assault cases in Michigan involve serious allegations that can lead to significant penalties if the defendant is convicted. Those facing such charges need clear information about how cases are evaluated and what factors may influence the outcome.  Courts review each situation carefully, and the details of the incident play an important role in how the case moves forward. Here are some considerations.

How Michigan defines assault

Michigan prosecutes several forms of assault, with each one carrying different potential consequences. 
  • Simple assault involves an attempt to cause physical harm or an act that creates a reasonable fear of harm. 
  • Aggravated assault involves more serious injuries but does not include the use of a weapon. 
  • Felonious assault includes the use of a dangerous weapon and is treated as a more severe offense. 
These distinctions matter because they guide how charges are filed and how cases are handled in court.

Factors that influence assault cases

Courts look at a range of details when evaluating assault allegations, including:
  • Nature of the contact: The level of physical harm or attempted harm.
  • Presence of a weapon: Using or displaying a weapon increases the seriousness of the charge.
  • Statements from witnesses: Independent witness accounts help establish what occurred.
  • Location of the incident: Assaults in public places or homes may involve different considerations.
No single detail controls the outcome of an assault case. Instead, courts rely on a full review of all available evidence. You need clear information to make informed decisions when facing assault charges in Michigan. A careful approach to your defense strategy can help you navigate the challenges that often accompany these charges.]]> On Behalf of McDonald Pierangeli Macfarlane, PLLC <![CDATA[Can SSA cut off your SSDI benefits without notice? ]]> https://www.mpmtrialattorneys.com/?p=49464 2026-08-10T09:36:49Z 2026-08-13T09:36:24Z What should happen before payments end? The Social Security Administration generally must send you written notice before it ends, suspends or reduces your Social Security Disability Insurance benefits. The letter should explain the action and your right to appeal. If a payment fails to arrive without warning, delayed mail may have kept the notice from reaching you. A banking problem or an SSA error may also have disrupted delivery. Contact SSA if you did not receive a letter. You generally have 60 days to appeal after receiving a decision notice. For a medical cessation, request reconsideration and elect continued benefits in writing within 10 days after receiving the letter. You may have to repay those benefits if the appeal fails, although SSA may waive recovery in some cases.

Why might your SSDI payments stop?

The notice should state why SSA changed the payment. Common reasons include:
  • Medical improvement: A continuing disability review finds that your health has improved enough for substantial work.
  • Work earnings: SSA finds that your work exceeds its substantial gainful activity rules after applying any trial work period or other available incentive.
  • Offsets or recovery: SSA reduces your payment because of workers’ compensation benefits or withholds part of it to recover an overpayment.
  • Delivery problems: A closed bank account or incorrect deposit details prevent the payment from reaching you.
Benefits planning may be especially useful when work activity caused or could cause the change. In Michigan, eligible individuals can receive this service through Michigan Rehabilitation Services. A qualified counselor may explain how returning to work and reporting wages can change SSDI payments.

How can prompt guidance protect your appeal?

Keep the letter, envelope, bank records and other SSA correspondence. Confirm the stated reason and calculate each deadline based on the notice date and SSA’s receipt rules. These details may reveal an agency error and show what evidence could support your challenge. An attorney can review those records, identify the correct appeal procedure and organize relevant medical or wage evidence. Acting promptly may also preserve continued benefits while SSA reviews a medical cessation.]]> On Behalf of McDonald Pierangeli Macfarlane, PLLC <![CDATA[Misdemeanor vs. felony in Michigan: What’s the difference?]]> https://www.mpmtrialattorneys.com/?p=49457 2026-07-29T09:23:47Z 2026-08-04T04:13:02Z How do misdemeanors and felonies differ? In general, misdemeanors are less serious criminal offenses than felonies. While both can result in criminal convictions, they carry different penalties and consequences. A misdemeanor typically involves less severe conduct and may result in:
  • Up to one year in a local jail, depending on the offense.
  • Fines, probation, community service, or other court-ordered penalties.
  • A criminal record that may affect employment, housing, or professional licensing.
A felony involves more serious offenses and can lead to:
  • More than one year of incarceration, often in state prison.
  • Higher fines and longer probationary periods.
  • Lasting consequences that may affect employment opportunities, voting rights in certain circumstances, firearm ownership, and professional licenses.
The specific penalties depend on the charge, your criminal history, and the facts of the case.

Why does the classification matter?

Whether prosecutors charge you with a misdemeanor or a felony influences nearly every stage of your case. Felony cases often involve more complex court procedures, greater potential penalties, and higher stakes. The classification may also affect:
  • Plea negotiations.
  • Eligibility for diversion or alternative sentencing programs.
  • Future background checks.
  • Immigration or professional licensing issues, when applicable.
Even a misdemeanor conviction can create long-term challenges, making it important to take every criminal charge seriously.

What should you do if you face criminal charges?

If law enforcement arrests you or prosecutors file criminal charges, avoid discussing your case with anyone other than your attorney. Statements you make to police, investigators, or others could affect your defense. Instead, consider taking these steps:
  • Learn the charges filed against you.
  • Attend every required court appearance.
  • Preserve any evidence that may support your defense.
  • Contact an experienced Michigan criminal defense attorney as soon as possible.
Early legal guidance can help you understand your options and avoid mistakes that could weaken your case.

Protect your future

Whether you face a misdemeanor or felony charge, a criminal conviction can have consequences that extend far beyond the courtroom. An experienced Michigan criminal defense attorney can explain the charges, evaluate the evidence, protect your constitutional rights, and develop a defense strategy tailored to your situation. If you have been charged with a crime in Michigan, speaking with a knowledgeable criminal defense attorney can help you understand your legal options and work toward the best possible outcome.]]> On Behalf of McDonald Pierangeli Macfarlane, PLLC <![CDATA[3 ways police can enter your home in Michigan]]> https://www.mpmtrialattorneys.com/?p=49459 2026-07-27T08:56:19Z 2026-07-30T08:55:27Z In Michigan, you have an expectation of privacy in your own home. Even the police cannot just enter whenever they wish. They must do so legally, and there are certain circumstances when it is allowed. To ensure that homeowners understand how the law works, it can be helpful to consider three ways that the police may be allowed to enter your home if they would like to search a criminal investigation.

1. It is an emergency

First and foremost, in an emergency, police may be able to enter whenever they see fit. If they believe there is a danger to the public, for example, they can enter the home to protect someone. If they are in pursuit of a suspect and they just watched them enter the house, they can follow the suspect into the home.

2. With your consent

If it is not an emergency and the police just want to conduct a home search, they will often start by asking for your consent. As a homeowner, you can then decide if you want to give the police permission to come into your home or not.

3. With a search warrant

If you do not give the police consent, then their next option is to secure a search warrant. This will tell them what property they can search, when they can execute the warrant and things of this nature. But if an officer shows you a valid warrant, even if you do not want them to come into your home, they may still be legally permitted to do so. The warrant overrides your lack of consent. If you are facing criminal charges, considering home search tactics may be very important, especially when looking at what evidence can be included in your case. Be sure you understand all of your legal defense options.]]> On Behalf of McDonald Pierangeli Macfarlane, PLLC <![CDATA[2 defense avenues if charged with an OWI]]> https://www.mpmtrialattorneys.com/?p=49454 2026-07-21T19:04:36Z 2026-07-21T10:13:06Z Operating while intoxicated (OWI) is one of the more common criminal charges people in Michigan face. That does not mean it’s not serious -- a conviction can do you a lot of harm. Aside from the financial consequences, you'll have a criminal record that will follow you around for life. It’s important to remember that a charge does not automatically end in a conviction. Here are three ways you might challenge a charge.

1. Challenge the stop

You need to think about why the police pulled you over. They can only legally do so if they have ‘reasonable suspicion’ that you are breaking the law. Reasonable suspicion is a legal standard that requires officers to have something factual to pull you over, rather than just going on a hunch. Things that might qualify include seeing you driving erratically or noticing something illegal with your vehicle, such as a broken taillight.

2. Challenge the tests

Officers typically use tests to give them grounds to arrest someone for an OWI. This is because to make an arrest, they must show they had ‘probable cause.’ This means they have sufficient factual evidence that a reasonable person would believe a crime was, is being or is about to be committed. Test results can give them that. Tests are not always accurate, though. Field sobriety tests, where they ask you to walk a line, etc, are particularly prone to subjective interpretation by officers. Chemical tests don’t suffer from this, but can turn out wrong due to poor implementation, poorly maintained equipment or the mixing up of samples afterward.  If you do find yourself facing an OWI charge, remember that experienced legal guidance can help you understand how best to respond.]]>