Criminal Evidence

Michigan Democratic Lawmaker Charged with Second Drunk Driving

Published on: April 12, 2022 | by Michael Boyle

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:

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

What Happens in Court When I Plead Guilty?

Published on: March 27, 2022 | by Patrick Barone

Now that you understand the plea bargaining process in Michigan and how to prepare for court when pleading guilty, let’s now consider exactly what happens in court when you plead guilty. During the plea taking process the court will be concerned with two things. First that you understand the constitutional rights that you are giving up by pleading guilty, and second, that you are freely, knowingly and understandingly admitting to and acknowledging that you have committed the crime to which you are pleading guilty.

To confirm that you are fully aware that by pleading guilty you are giving up all your constitutional rights associated with trial, the judge will ask you a series of questions almost all of which are answered by the single word “yes”. So, for example, the judge will ask you if you understand that you have an absolute right to trial, to which of course your answer is “yes.” The judge will ask you if you understand that pleading guilty you are giving up your right to remain silent, to which again, the answer is “yes.” There are sometimes a few “no” questions as well, such as “have any promises been made other than those stated on the record, to get you to plead guilty.” The answer to the question so certainty be “no.” Another no question might be “have there been any threats, compulsion or duress used to get you to plead guilty.” Again, the answer should definitely be no. Once the court is satisfied that you are freely knowingly and understandingly giving up or waiving all your constitutional trial rights, and that no promises or threats have been made to induce the plea, then the court will move on to a establishing the factual basis for plea.

What Is a Factual Basis for a Plea?

Plea Bargaining in a Michigan Criminal Case

Published on: March 26, 2022 | by Patrick Barone

Michigan Criminal Defense Lawyer Explains Plea Bargaining

Attorney Patrick Barone of Barone Defense Firm is a criminal defense law firm near me that represents clients accused of sex crimes, whereby if convicted, they would probably have to add their name to Michigan's se offender registry (SORA). If you are facing criminal charges, the criminal justice system seem overwhelming. It doesn’t matter if you’re facing drunk driving, drug charges, sex crimes or white collar crimes in the State of Michigan, the same system of felony criminal procedures apply.

Many Michigan DUI charges and other criminal cases like sexual assaults, child pornography and drug crimes, are resolved through a process called plea bargaining. A plea bargain is what happens after your attorney discusses your case with the prosecutor and explains why it is appropriate to amend or reduce the charges you are facing with the court. Sometimes the reduction in charges to a lower criminal offense will lessen the impact on your drivers license and possibly jail time as well.

Preparing for Court When Pleading Guilty

Published on: March 25, 2022 | by Patrick Barone

Most of the time if you are pleading guilty it is because your lawyer has successfully engaged in plea bargaining with the prosecutor. Consequently, preparation for court when pleading guilty really begins to take place almost as soon as you first hire your lawyer. Therefore, the total preparation will take place over several weeks or months, and sometimes even years before you are set to appear in court. At a minimum the following things should have occurred before you plead guilty.

You’ve reviewed all the discovery with your attorney.
You’ve discussed possible defenses with your attorney.

What is Discovery in a Michigan Criminal Case?

Published on: March 24, 2022 | by Patrick Barone

Criminal Defense Attorney in Michigan Explains Discovery

Attorney Patrick Barone of Barone Defense Firm is a criminal defense law firm near me that represents clients accused of sex crimes, whereby if convicted, they would probably have to add their name to Michigan's se offender registry (SORA). If you are involved in the criminal courts you might feel like you’ve entered an alien space. The lawyers and judges all behave differently than “normal life.” They also use a lot of words you may have never heard. Words you have used might be used in a new and different way. An example is the word “discovery.” We all know what the word means in normal life. But it means something totally different in the criminal courts.

Discovery and Burden of Proof

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.

What is a Probable Cause Conference in Michigan?

Published on: March 14, 2022 | by Patrick Barone

A probable cause conference is a court hearing that precedes the preliminary examination. Both hearings are part of what are more broadly referred to as your due process rights. Your attendance at a probable cause conference is mandatory. Both you and your attorney will usually receive the initial date for your probable cause conference at the arraignment.

The probable cause conference is governed by Michigan Compiled Laws § 766.4 and Michigan Court Rule 6.108. The probable cause conference must be held not less than 7 days or more than 14 days after the date of the arraignment. The probable cause conference will take place at the district court having jurisdiction over the matter. However, district court jurisdiction is limited relative to felony cases in that district court judges do not have the authority to sentence a felony offender and do not have the authority to preside over trial on a felony matter.

Generally, the purpose of a probable cause conference is to determine if the case can be resolved without going any further or if a preliminary examination is necessary before the case can proceed toward trial at the circuit court.

Ionia County Homeowner Claims Self Defense in Stabbing Death

Published on: March 10, 2022 | by Michael Boyle

The Michigan Gun Crimes Lawyers of the Barone Defense Firm practice all over the State of Michigan. This includes both state and federal courts. For example, the 64A District Court and Ionia Circuit Court both located in Ionia, Michigan in Ionia County are regular courts that we appear in due its proximity to our Grand Rapids office. The media recently reported that there was a stabbing in Ionia County and further that there is a claim of self-defense. All the facts surrounding the circumstances of the stabbing are still being investigated, but there is some information that has been reported by local news outlets, therefore, we believe it is important to address some of the common issues that we see in self-defense cases and in Ionia County.

Is Self Defense limited to firearms?

No. Self-Defense often elicits the idea that a gun or firearm was involved. However, Michigan legal self defense laws apply to all legal weapons, which include knives. According to article a homeowner stabbed a man that was in his home. He then called 911 and notified the dispatcher of what he had done. Law enforcement arrived which included local public safety officer and state authorities from Michigan State Police. It is common that multiple agencies arrive on scene when there is possible use of deadly force, regardless of whether it is reasonable and legal use of deadly force. It was further reported that the person who had been stabbed was pronounced dead at the scene. Therefore, it is common practice that the medical examiner and a forensics unit would also appear, although it was not reported.

Overview of Felony Criminal Procedure in Michigan

Published on: March 9, 2022 | by Patrick Barone

In Michigan all persons accused of a crime have certain due process rights. There rights arise out of the Michigan and United States Constitutions, and these Constitutional due process rights are instantiated in Michigan’s criminal procedure. What follows is a brief overview of felony criminal procedure in Michigan. If you are charged with a felony in Michigan, then you should discuss each of these steps with a criminal defense lawyer near me so you understand the purpose of all of these due process rights and can make well informed decisions about how to proceed.

Initial Arraignment on the Complaint

A criminal case in Michigan will begin with the authorization of a complaint and the issuance of a warrant. The complaint is the charging document that sets forth the specific criminal law that the government claims has been violated. The warrant is the order that requires the appearance of the accused in court for the arraignment on the complaint. After the arraignment the warrant is set aside, and a bond is set. In very serious cases the prosecutor may request no bond, but that is rare. In the majority of cases a cash bond will be set, along with conditions of bond that must be followed if the accused is able to post bond. In less serious cases the court may order a “personal recognizance” bond, meaning no money is required to be posted.

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.