Domestic Violence Charge Dismissed
Sexual Assault Charges Dropped
Felony Heroin Possession Case Dismissed
DUI Case Dismissed
Super Lawyers
Justia Lawyer Rating
Best Law firms 2022
The Best Lawyers in America
Avvo Clients' Choice
Avvo Rating 10.0
National College for DUI Defense
National Collage for DUI Defense
American Council Of Second Amendment Lawyers
Avvo Clients Choice Award
Avvo Rating
Trial Lawyers University

This article (written by our homicide defense lawyers) focuses on a type of criminal homicide in the Great Lakes State. Not every homicide in our state is a first-degree homicide in Michigan, or a first-degree murder. When a driver is committing a felony crime (e.g., kidnapping), when another dies, this is called “felony murder” in Michigan.

As in most states, gradations of mental culpability gauge how much jail time can be handed down for 1st degree murder and lesser homicide crimes. Be aware that any criminally negligent homicide charge will take the skills of seasoned criminal defense attorneys near me to find the best possible resolution.

This page focuses on murder in the 2nd degree charges, which helps distinguish both 1st and 2nd degree murders. Many citizens who watch crime shows like Law and Order, are often focused on whether a death sentence is imposed in Michigan. It is not, so push that though aside.

Have you ever wondered, what happens if you get a 3rd DUI? A 3rd Offense DUI in Michigan is a potential disaster. Callers to our OWI law office want to know answers to questions like, “when will I be getting license back after 3rd DUI Michigan,” or “how long is license suspended for 3rd DUI in Michigan?”

What happens on your 3rd DUI? Just dealing with potentially losing your job and trying to pay higher insurance premiums is jarring to some Michiganders. Jail time is the most harrowing and worrisome 3rd DUI penalty that most clients fear. These felony crimes, however, can also result in vehicle forfeiture to the State, or license plate confiscation and immobilization of all vehicles owned by the client.

Analyzing the OWI Case Is the Starting Point

Fraud vs Embezzlement. Any embezzlement or fraud conviction would be a “crime of moral turpitude,” which can block you from obtaining a wide variety of jobs. Plus, for large amounts pilfered, up to 20 years in state prison and over one-hundred-thousand-dollar fines are possible.

Types of Fraud Charges. At Barone Defense Firm, our law group is staffed and prepared to help those facing embezzlement charges, including those who were acting in a fiduciary relationship (e.g., lawyer frauds).

Michigan embezzlement laws dealing with misappropriating money or property of another are punishable as either a felony or misdemeanor. Factors controlling that “charging decision” by a prosecutor include several factors, including:

What’s the Difference Between DUI and OWI? Both DUI and OWI are acronyms for drunk driving.

DWI is another acronym that was once commonly used, and this abbreviation means driving while Intoxicated (in TX) but means driving while impaired (in NC).

In Michigan, the most appropriate legal acronym is “OWI.” But “DUI” is still used as a more general reference to drunk driving, due to this ubiquitous abbreviation being the best-known and most widely used acronym in the United States.

When is SORA Registration Necessary in Michigan?

In the past, many violations that would trigger sex offender registration were prosecuted under the old Sex Offender Registration Act (SORA) even when the violation was a result of a mistake, ignorance, or unintended violations. If this has happened to you, then you’ll definitely want to hire a Michigan sex crimes attorney to help. Here is some more useful information for you to know about SORA:

What Sex Crime Charges result in Sex Offender Registry?

How Can a Sex Crimes Lawyer Near Me Help Avoid SORA?

A top sex assault lawyer can help you avoid the Sex Offender Registration Act (SORA) in many different ways. Before we get to that, let’s first talk about SORA, particularly the newest version of SORA in Michigan.

SORA, which is also known as the sex offender registration act, applies to most forms of criminal sexual conduct. If you are facing a sex crime allegation, then you are also facing possibly being listed on SORA. This is also sometimes called sex abuse. If you are facing the kinds of allegations, indecent exposure, you will need a criminal defense attorney well versed in this complex area of law to assist you minimize or avoid the consequences.

A recent news report outlines some of the circumstances surrounding the arrest of Michigan Democratic state Rep. Mary Cavanagh of Redford, and as true with many media outlet stories it seeks more shock than substance.  To help elaborate on substance, and dispel some myths and misunderstandings about drunk driving laws, this article addresses the following three topic:

  1. A second DUI arrest does not necessarily mean enhanced DUI penalties, driver license sanctions or conviction,
  2. Being unable to stand on one leg is only a part of standard field sobriety tests, and;

The Barone Defense Firm is pleased to announce that Madeline Barone will be attending Northwestern Pritzker School of Law this fall. Madeline is currently a paralegal at the firm.

Northwestern Law School, located in Chicago, Illinois, was founded in 1859. Since that time, Northwestern has continued to develop its standing as an elite law school, consistently being ranked among the nation’s top law schools. For example, Northwestern is a T-14 law school, meaning it is consistently among the top 14 law schools that are ranked in U.S. News & World Report. In fact, the law schools listed in T-14 are the only schools to have ever been in the top 10. Because of their high status, graduates of T-14 law schools are typically employed in the highest levels of government, the most prestigious Big Law firms, or hold C-level positions at Fortune 500 corporations. Madeline intends to pursue Northwestern’s Environmental Law concentration with the goal of future leadership in international environmental law and governmental policy.

Madeline began pursuing a career in environmental law as an undergraduate student. She is a 2019 honors graduate from the University of Illinois at Urbana-Champaign, with a B.S. in Environmental Science and a B.S. in Psychology. She also is well-versed in Mandarin Chinese, with six years of formal Mandarin education. Due to her diverse academic background, Madeline is hoping to combine her knowledge of the environmental and energy sector with her Mandarin language skills to specialize in international environmental law.

Why Does Michigan’s Law of Implied Consent Exist?

The first DUI laws went in the books all the way back in the 1950’s when cars where just starting to become very common. Back then, there were no breath tests, so that law enforcement tool in a DUI investigation was not available to police officers. That only happened ten years later, in the 1960s. Technology has improved a lot since then, and the law has changed too, because the law of implied consent is younger than the first breath tests. Back in the “olden days” people could refuse a breath test in a drunk driving case without an possible sanction. That is no longer true, and today, there are serious consequences if you unreasonably refuse to to a breath test.

The Michigan Law of Implied Consent

Michigan statutory law provides that for every Michigan DUI case the offender must be subjected to substance use evaluation prior to sentencing. More specifically, Michigan Compiled Laws sec. 257.625b indicates that such individuals must undergo a screening and assessment to determine if the person would benefit from “rehabilitative services,” which may include such things as alcohol or drug education or treatment programs.

What is a NEEDS Survey?

Your substance abuse assessment and screening prior to your Michigan DUI sentencing hearing will be conducted by the court’s probation department. To accomplish this the probation officer will administer a 130-question mostly multiple-choice test called a NEEDS survey. The purpose of the NEEDS survey is to assist the probation officer, and therefore the judge who will be sentencing you, in determining if they believe you could benefit from substance use treatment. If so, then you will be ordered into such treatment at sentencing. This will also become a “rehabilitative aim” allowing the court to rebut the statutory assumption against jail or probation on a DUI offense. You will be charged a screening fee for this test. You can pay this in advance, and if you do not, you will be ordered to pay the screening fee when you are sentenced for your DUI.

Contact Information