Felony Offenses

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

What Are the Penalties for Drunk Driving in Michigan?

Published on: October 12, 2022 | by Patrick Barone

Penalties for DUI in Michigan, top dui lawyer Michigan, Michigan DUI Lawyers, laws, driver license In a Michigan operating while intoxicated case, also called OWI/DUI, the penalties will be based on the severity and nature of the offense, and your prior record. Possible penalties include jail time, license suspension or revocation, fines, costs, community service and probation.

How Much Jail Time Will I Get?

A person convicted of a first offense OWI in Michigan is subject to not more than 93 days in jail. A second offense within 7 years is subject to as much as one-year in jail, and a felony third offense drunk driving is subject to 5 years in jail. You should know that even if you’re looking at a felony drunk driving it is possible to avoid jail time.

When Selecting a Top Michigan DUI Lawyer Don’t Trust Bogus Credentials

Published on: September 28, 2022 | by Barone Defense Firm

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.

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 CSAM and Federal Child Pornography Lawyer

Published on: August 3, 2022 | by Ryan Ballard

pexels-photo-1134204-300x207 There 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?

Finding a Sex Crimes Lawyer Near Me to Help Avoid Sora

Published on: May 5, 2022 | by Michael Boyle

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.

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.

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