Articles Posted in Federal Criminal Charges

The Best Drunk Driving Lawyers in Michigan Have One Thing in Common

Patrick Barone is well-known in Michigan as a tough criminal defense lawyer. Attorney Barone is an expert OWI lawyer who has helped hundreds of people facing the same nightmare.Patrick Barone is well-known in Michigan as a tough criminal defense lawyer. Attorney Barone is an expert OWI lawyer who has helped hundreds of people facing the same nightmare.

Expertise is the one thing the best drunk driving lawyers in Michigan have in common. Trouble is, non-lawyers can’t easily separate the best from the fakers. And fakers are takers. They take a large legal fee based on their “expertise,” then they under-perform, leaving you to pay the bill.

Michigan Federal Criminal Defense Attorneys.

The Barone Defense Firm consists of some of Michigan’s top Federal Criminal Defense Lawyers. Lead Federal Attorney Keith Corbett is a former United States Attorney. He has been practicing federal criminal law for more than 35 years. He has received numerous awards for his skillful federal practice.

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Federal Criminal Defense Team

pexels-photo-1134204-300x207There are many possible legal defenses available to a child pornography attorney. An investigation for the alleged possession, distribution, or production of a photo or video containing child pornography, can lead to charges in either the State or Federal Systems. Sometimes, you can be charged in both systems.

If you’re facing charges involving this material, sometimes called CSAM in Michigan, then you will need to hire a child pornography defense lawyer to avoid prison time and Sex Offender Registration.

Who Prosecutes Child Pornography in Michigan – State or Feds?

What to Know About the Sex Offender Registry in Michigan

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:

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.

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.

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

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

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 2nd 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.

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.

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.

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