Felony Offenses

What is a Preliminary Examination in Michigan?

Published on: June 19, 2023 | by Barone Defense Firm

If you are charged with a felony in one of Michigan’s State courts, then you have a right to a preliminary examination. This hearing will take place after your probable cause conference. This probable cause conference must take place within 14 days of the arraignment.

A preliminary examination hearing is a hearing that takes place in the district court. The judge presiding over the hearing decides whether there is enough evidence for the case to proceed to the circuit court.

The main purpose of this hearing is to determine if the prosecutor can establish that there is a reasonable belief the defendant committed the crime in question.

Conditions of Bond During Pretrial Release in Michigan

Published on: May 10, 2023 | by Barone Defense Firm

michigan-prison-300x199 Michigan and Federal criminal and Constitutional law provides that when a person is arrested and charged with a crime, they have the opportunity to seek release from custody by posting bail or bond. Your bond and any conditions of your pretrial release will be considered when you are first brought to court for your arraignment.

By posting bail, you provide a monetary guarantee that you will attend all future court hearings. If you fail to appear, you risk forfeiting the bail amount.

While granting temporary release, the court must also consider public safety. The court does this by imposing conditions on your pretrial release. The conditions of bond aim to minimize potential risks to the community while you are at large rather than in jail.

Criminal Discovery: What it is and How it is Used by the Defense

Published on: May 3, 2023 | by Patrick Barone

discovery-in-criminal-case-scaled-e1683132062342-300x129 In the United States, the discovery process in the criminal justice system is governed by federal and state laws and rules of criminal procedure. For example, Federal Rule of Criminal Procedure 16 sets out the requirements for discovery in federal criminal cases. State criminal procedure rules may vary depending on the jurisdiction.

In general, the prosecution in a felony case is required to disclose to the defense any evidence or information that is material to the case. This includes witness statements, police reports, crime scene images, forensic reports, expert witness reports, and other documents. This is known as “disclosure” or “discovery” by the prosecution. The prosecutor must also disclose exculpatory evidence.

The criminal defense attorney is also required to disclose to the prosecution any evidence or information that they plan to use at trial. This also includes witness lists, expert reports, and other documents. This is known as “reciprocal discovery” or “reciprocal disclosure” by the defense. However, attorney work product is protected and not subject to disclosure.

Definition of Criminal Sexual Conduct in Michigan

Published on: April 12, 2023 | by Barone Defense Firm

Sexual assault lawyer in Michigan Patrick Barone can eplain all the legal language used to determine exactly which criminal charges you face after an arrest for a sex crime. Sex crimes in Michigan consist of four degrees of criminal sexual conduct (CSC). Each carries varying levels of severity and potential penalties. The four degrees of CSC are outlined in Michigan’s Penal Code and cover a range of sexual acts, including penetration, touching, and verbal communication. This article will explain the difference between sexual assault and rape.

Here is an overview of the four degrees of criminal sexual conduct in Michigan:

First-Degree Criminal Sexual Conduct (CSC 1)

Under Police Investigation But Have Not Charged in Michigan

Published on: April 12, 2023 | by Barone Defense Firm

freedom-1886402_1280-300x170 If you have reason to believe that you are under investigation for a crime in Michigan, it is in your best interest to seek the advice and representation of an experienced criminal defense lawyer as soon as possible.

You may feel tempted to handle the matter on your own or wait until you have been formally charged with a crime. It is important to understand that the actions you take at this early stage can have a significant impact on the outcome of your criminal case.

If you are being investigated this only means that police officers are using many investigative tools against you as they are building a case. While you may not be facing criminal charges right now, you may well soon be notified that warrant for your arrest has been issued. You are better off hiring a criminal defense attorney now to protect your rights.

Michigan Domestic Violence Accusations: Building a Defense

Published on: February 16, 2023 | by Barone Defense Firm

Patrick Barone is a Michigan domestic violence lawyer who handles family violence and domesticabuse cases where a personal protection order may be in place.
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 a related domestic battery or assault charge), immediately hire only a highly qualified Michigan criminal defense lawyer. Failing to do so could lead to jail time and long-term consequences.

Almost every client that retains our DV lawyers desires to have a healthy relationship at home, but the pressures of living in today’s turbulent times sometimes leads to an assault of some type. The type of benefit an “anger management” or similar program of re-education may bring to the defense table should not be dismissed as “throwing in the towel.” Some family violence cases can be reduced and other DV case can be dismissed entirely, with the right legal help, even on a second offense DV case.

What Is Jury Nullification in Michigan? Is It Legal?

Published on: February 7, 2023 | by Patrick Barone

Jury nullification in Michigan can and does happen, which is when a jury judges the law instead of determining if a defendant is guilty of breraking that law.
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 jurors either don’t like the MI criminal law in question or don’t believe that the criminal law is being appropriately applied. When a jury does this they are thought to “judge” the law.

Jury Nullification Happened in Dr. Jack Kevorkian Trials

What’s a Felony vs Misdemeanor Crime Difference in MI?

Published on: January 10, 2023 | by Barone Defense Firm

When a person is found guilty of an offense in criminal cases, the punishment in Michigan depends on how grave the crime is. In terms of misdemeanor vs felony, a felony is a much worse criminal charge than a misdemeanor offense in the criminal justice world.

Plus, felony criminal convictions entail a longer jail term and will bring other higher penalties, such as years in prison (or on probation), plus possible community service hours to perform. The good thing to report for Michiganders is that the death penalty is not a factor in the Great Lakes State, even for first degree murder in State of Michigan prosecutions.

Tje Barone Defense criminal law ffirm has legal services offices in Birmingham, Troy, and Clarkstron, MI.

What’s the Difference Between Misdemeanor and Felony?

Safe Gun Storage for Michigan Gun Owners

Published on: December 30, 2022 | by Ryan Ballard

The news stories covering the extremely tragic school shooting in Oxford, Michigan has brought the issues of gun safety and gun storage to the forefront in the Great Lakes State once again. As the unfortunate story goes, it is alleged that 15-year-old Ethan Crumbley opened fire on his fellow students at Oxford High School on November 30^th, 2021.

It is alleged that he killed four students and injured seven others including a teacher. Crumbley is facing four counts of first-degree murder, one count of terrorism causing death, seven counts of assault with intent to commit murder, and 12 counts of possessing a firearm while committing a felony.

The Parents of the Oxford Shooter Are Also Being Charged With Crimes

Is it Possible to Avoid Jail on a Child Pornography Charge in Michigan?

Published on: December 27, 2022 | by Barone Defense Firm

Michigan domestric violence lawyer Patrick Barone explains the possibility of jail time. Michigan’s criminal charges involving child pornography are rigorously enforced and harshly punished. For this reason, avoiding jail time on a child pornography (or, Child Sexually Abusive Material (CSAM), in Michigan) case can be extremely difficult.

This is true whether the case involves possession, distribution or production of material that includes a child engaging in a sex act of some kind. If you want to avoid jail time for a CSAM charge, then it is important to hire an experienced CSAM child pornography lawyer.

Michigan’s Law Regarding CSAM are Complex