Criminal Penalties

Citizen’s Guide to Dealing with the Police After a Self-Defense Shooting

Published on: March 21, 2022 | by Ryan Ramsayer

Whenever you pull out your firearm in Michigan, you are placing your future in the hands of others. Unlike some states, Michigan does not prohibit an arrest or prosecution for the use of fatal or not-fatal force in self-defense. This means that the police will investigate the incident, which can include questioning, collecting evidence, and possibly an arrest. Whether criminal charges are authorized is a decision made by the Prosecutor, but most people are unprepared for what happens after the use of self-defense. This lack of preparedness is dangerous, since any misstep or incorrect statement could jeopardize your legitimate self-defense claim and possibly lead to not only loss of 2^nd amendment rights but your personal freedom and a lengthy prison term.

When can I lawfully use force or lethal force in self-defense?

Michigan has two laws that cover various self-defense scenarios. The first is the Castle Doctrine, and this law applies to the use of force inside your home or your place of business. It also covers the use of force to prevent a carjacking. Another self-defense law that applies inside your home if the Castle Doctrine is not available, as well as anywhere else you have a lawful right to be, is the Stand your Ground law. The Gun Crimes Lawyers at the Barone Defense Firm have written extensively on this topic, and readers are advised to look up these articles also. But just because the law says you can use self-defense in certain circumstances this does not mean you won’t be prosecuted. This is because Michigan’s self defense laws provide a defense they do not bar prosecution. This means you could be charged with Homicide even if you think you properly acted in self defense within the bounds of Michigan law.

Early Discharge on Probation for an Operating While Intoxicated in Michigan

Published on: March 8, 2022 | by Michael Boyle

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Early Discharge on OWI Probation in Michigan

The Michigan DUI Lawyers at the Barone Defense Firm have be advising our clients in Oakland County and throughout the State of Michigan, that if you are convicted of operating while intoxicated (OWI) then you should expect to be placed on a term of probation.

While on probation, you will have a variety of conditions of probation and these will be based in part on whatever “rehabilitative goals” are set by the Judge.

Grooming Evidence Makes Proving a Criminal Sexual Conduct Case Easier for State

Published on: March 2, 2022 | by Michael Boyle

House Bill 5767 was introduced by Michigan Representative David LaGrand on February 17, 2022. A House Bill does not equate to a law that must be followed, at least not yet. The fact that this Bill was crafted is a clear indication that efforts are being made and will likely continue to be made until it does become law.

The motivation in House 5767 is a ripped from the Headlines of Michigan Politics due to the allegations of Criminal Sexual Conduct of the Michigan House Speaker. The Representative from Grand Rapids submits that there is hole that needs to be filled in Michigan Criminal Procedure and admissibility of certain evidence, specifically Grooming.

What is Grooming?

Michael Boyle Explains How He Will Help You Decide if Trial is Your Best Option

Published on: January 29, 2022 | by Barone Defense Firm

Being charged with a crime is most certainly one of the most traumatic events you can experience, and then attempting to retain the right attorney or law firm might also feel like a daunting task. The Criminal Defense Trial Attorneys at the Barone Defense Firm understand that difficulty and that trauma, therefore we want to address some important factors in hiring the right trial attorney for your case.

Trial is an Endangered Species

The National Association of Criminal Defense Lawyers (NACDL) recently published a report that 3% of all criminal cases in State and Federal Court are resolved through Trial compared to 20% of cases from 30 years ago. A related article lists that some of the reasons for this decrease include fear of what is known as a trial penalty or trial tax, meaning a worse sentence after a loss at trial. This is balanced against the fact that a lesser sentence can be arranged as part of a plea agreements. Certainly, another reason is the lack of ability or lack of experience of the trial attorney themselves. The very fact fewer cases reach trial every year is reason enough to seek an attorney that does not have significant trial experience, and who will not be afraid to go to trial.

Penalties Michigan’s Super Drunk High BAC .17%

Published on: January 1, 2022 | by Patrick Barone

Michigan’s Super Drunk Driving Law went into effect on October 31, 2010. It created enhanced punitive and driver license sanctions for Michigan drunk drivers with a Bodily Alcohol Content (BAC) of .17 gerams % or above. It only applies to first offense drunk driving as penalties and driver license sanctions for second or subsequent offenses remain unchanged and more punitive than for super drunk driving. This is true even for repeat offenders with BACs at or above .17 grams %.

This means Super Drunk Driving laws are specifically targeted at first-time offenders with a high BAC—those testing at 0.17 grams % or above. The goal is to create a middle ground: a punishment more severe than a standard first offense OWI, but not as harsh as what repeat offenders receive. This is important, because many first-time offenders with high BAC results are shocked to discover how serious the penalties can be. If this is your first OWI, but your BAC was above the legal threshold, you could be facing a full year of license restrictions, significant fines, and even jail time—all under Michigan’s Super Drunk statute. Understanding where your case falls is the first step in protecting your rights.

What Are the Penalties for High BAC Super Drunk Driving in Michigan?

Drivers with Marijuana in their System are Less Likely to Cause Accidents than Drivers with a .05 BAC

Published on: January 1, 2022 | by Ryan Ramsayer

A new comprehensive study on the effects of marijuana use and driving has demonstrated that the use of marijuana has far less impact on driving than does the use of alcohol. Despite the fact that the emerging science suggests that drivers can use marijuana and operate their vehicles safely, the DUI laws in Michigan treat marijuana as being equal to or even more dangerous than alcohol.

Part of the reason for this disparity is that the public policy behind Michigan’s DUI laws are mired in many of the archaic misapprehensions that historically existed about marijuana and its impact on driving. Now that recreational marijuana is legal in Michigan for those above 21 years of age, a rational discussion of what, if any, effect marijuana has on driving is long overdue. To address this issue, Michael A. White and Nicholas R. Burns, preformed a meta-analysis on over 17 available marijuana studies to clarify the actual relationship between marijuana, specifically active THC, and driving.

Their study: The risk of being culpable for or involved in a road crash after using cannabis: A systematic review and meta-analyses, published in Drug Science, Policy and Law, concluded that it is likely that marijuana does not actually cause more accidents than the normal rate of accidents occurring by all drivers. To get to this determination, they used a process called meta-analysis, which is the review of previously published studies to obtain a more comprehensive result than any single study is capable of. For this analysis, they used 17 studies conducted between 1982 and 2020. These studies were conducted in several countries by different researchers with differing results. White and Burns then their own testing methodology in an effort to control for inherent biases in the prior studies.

What Happens to Drivers License After MI DUI Arrest?

Published on: January 1, 2022 | by Patrick Barone

Immediately upon your arrest for DUI in Michigan the arresting officer notifies the Secretary of State. This happens when the arresting officer destroys your plastic driver’s license and prepares a DI-177, which is entitled “Breath Blood or Urine Report Michigan Temporary Driving Permit.” This document becomes your paper license and you will use it to drive until you are convicted or until your case is dismissed. A DI-177 is only prepared if you agree to take a breath or blood test when asked by the arresting officer.

If you refused to submit to a breath or blood test then the officer will prepare a DI-93, which is entitled “Report of Refusal.” This too becomes your paper license but is only good for 14 days or until after you win your appeal hearing. Because you are not allowed to refuse a breath or blood test your license will be suspended for a year unless your Michigan DUI lawyer demands a hearing within this 14-day period.

Your Driving Record Shows Your DUI Arrest Even Before Conviction

Common Michigan Police DUI Arrest Phases

Published on: January 1, 2022 | by Patrick Barone

Most people arrested for drunk driving in Michigan first encounter the police as part of a traffic stop. The traffic stop might be for something unrelated, such as speeding, or it might be because of something more commonly associated with intoxicated driving, such as weaving. Either way, the police investigation in a DUI/OWI case begins as soon as the officer begins to observe your car.

Michigan DUI attorney Patriick Barone covers the entire State of Michigan.

Phase 1 – Vehicle in Motion Clues (Speeding, Weaving)

Law enforcement thinks of this as the “vehicle in motion” phase of their investigation. During this phase the officer will be taking notes about your driving so that they can justify the stop, and will also take notes relative to how you respond to their stop signal. In other words, what did you do when the police activated their flashing lights? Did you pull over normally? Or were you slow to respond? Were any other traffic violations observed? Did you stop inappropriately, or try to flee, etc.

Avoiding Sexting, CSAM and Child Porn Criminal Charges in Michigan

Published on: December 21, 2021 | by Ryan Ballard

Sexting my seem innocent enough when between consenting adults, but when under age people are involved you may find yourself charged with a sex offense which could lead to years in prison. Offenses involving child pornography in the State of Michigan are aggressively prosecuted requiring an equally aggressive criminal defense.

Is sexting illegal in Michigan?

Sexting can be criminal and several statutes have been used to prosecute sexting and CSAM (aka child pornography) in Michigan:

What Does Michigan Law Say About Jury Nullification?

Published on: December 15, 2021 | by Patrick Barone

The black letter law in Michigan suggests that juries have the power but not the right to exercise jury nullification.[i] Nevertheless, the practice of law is all shades of gray, and the arguments made by lawyers are often in the penumbras of black letter law.

For example, some Michigan cases have indicated that nullification may be argued where nullification is a recognized legal defense. Because a trial judge may exclude a defense attorney from presenting to the jury evidence supporting a defense that has not been recognized by the legislature[ii], the judge can preclude a lawyer from arguing for nullification.

This does not mean that the power of nullification can be taken away from the jury, and a judge cannot explicitly tell a jury that they are precluded from exercising jury nullification. In one Michigan case where a judge told the jury that jury nullification was inconsistent with the recognized power of the jury, the verdict of guilty was reversed.[iii] In support of their reversal, the court indicate that: