Michigan sex laws. To not run afoul of the statutory rape Michigan law, it is critical to review the Michigan “consent” laws. Every state enacts its own rape laws relating to the age at which a female can acquiesce to having sexual relations. Making the mistake of engaging in sexual…
Michigan Criminal Defense Lawyer Blog
HYTA Michigan: New HYTA Law Helps Some Avoid Criminal Record
What is HYTA in Michigan? Michigan’s Legislators recently passed a bill that (in some states) is called a “youthful offender’s law.” The new Legislation in Michigan is Called the Holmes Youthful Trainee Act (HYTA). Under the new law, if you are more than 17 years of age, but less than…
Michigan Domestic Violence Accusations: Building a Defense
Like all Americans, even those accused of domestic assault are presumed innocent until proven guilty. Michigan and United States Constitutional laws both require that the government prosecutor prove all of the elements of the alleged criminal charges beyond a reasonable doubt. If accused of domestic violence in Michigan (or…
OUID: Operating under the Influence of Drugs in Michigan
Most Michiganders know the OWI meaning, which is our state’s generic acronym for operating while intoxicated. When alcohol is not the impairing substance, however, a related but different MI OWI crime sometimes called “drugged driving,” can be committed by a motorist in Michigan. This violation is called Operating under the…
Legal Limit for Michigan DUI: .08% BAC Over 21
By Patrick Barone, Michigan DUI Lawyer Near Me The legal limit in all states except Utah is 0.08 grams percent. It will take about three to four standard drinks to raise most people’s blood alcohol concentration to 0.08 grams %. But, that number of drinks, if consumed rapidly by chugging…
What Is Jury Nullification in Michigan? Is It Legal?
Jury nullification occurs when a Michigan jury returns a verdict that is contrary to the law given them by the Judge. In a criminal case, jury nullification occurs when the jury, while believing the accused to be guilty, nevertheless return a verdict of not guilty. Usually this happens when the…
How to Write Effective Character Letters for Court Purposes
Your Michigan defense lawyer may ask you to obtain a character letter for court purposes. This article explains how to format and write such a letter. You can share a link to this article with those you ask to write such letters. While there are many suggestions here, what’s missing…
How to Pass a Breathalyzer – MI DUI Test
There’s a secret that law enforcement don’t want you to know about breath testing. A secret so good, that once you know it, you can pass a breathalyzer test every time. As you will see, beating a breathalyzer is easy, no matter the amount of alcohol in your system. It’s…
How to Legally Carry a Concealed Weapon in Your Car in MI
By: Patrick Barone, MI Gun Lawyer and author of Michigan Gun Law Legal Books Michigan firearms law provides that anytime a pistol or revolver is inside a motor vehicle it is considered a concealed weapon. See Michigan Complied Laws Sec. 750.227. This crime is often abbreviated as “CCW” and is…
What’s the Difference Between a Question of Law and a Question of Fact?
The short and simple answer is that questions of law are for the judge to decide whereas questions of fact are for the jury to decide. However, while technically correct, this short answer is incomplete. Especially if you are charged with a crime like OWI Michigan. One reason this explanation…