Gun Laws

Conditions of Bond During Pretrial Release in Michigan

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

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.

How to Legally Carry a Concealed Weapon in Your Car in MI

Published on: February 1, 2023 | by Patrick Barone

By: Patrick Barone, MI Gun Lawyer and author of Michigan Gun Law Legal Books

MI Gun lawyer Patrick Barone shows you how to legally carry your firearm in your car or truck, and if you are pulled over by law enforcement, do you need to tell the officer you have a pistol in tyhe vehicle.
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 applicable even when the pistol is in plain sight, and therefore not literally concealed.

Does Michigan Have Recipricol Concealed Carry Priveleges With Other States?

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

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.

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.

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.

Michigan’s Stand Your Ground Self Defense Law Precludes Prosecution of Calhoun County Bouncer

Published on: January 27, 2022 | by Michael Boyle

The Calhoun County Prosecutor has confirmed that he will not be seeking criminal charges after a security guard shot and killed an individual involved in a bar fight. In this case, on Thanksgiving, the guard was providing security at a bar that was extremely overcrowded. A brawl broke out on the second floor, and as he attempted to intercede, the guard was punched, kicked, and pushed to the ground by multiple people. While attempting to get up after being assaulted he was jumped on by the man who was ultimately shot. The security guard pulled his firearm, aimed, pulled the trigger, and discharged his weapon at the attacker, who was taken to the hospital and eventually died.

The security guard was subsequently taken into custody and charges were sought. After two months of investigating the facts of this case, the prosecutor made the determination that no criminal charges would be authorized. He based this decision the facts learned during his investigation as applied to Michigan’s Stand Your Ground laws. Specifically, the prosecutor said “because of Michigan’s ‘stand-your-ground’ law, the security guard cannot be charged unless it can be proven he was not acting in self-defense.” (The difficulty of reading this quote demonstrates why two negatives should not be placed in the same sentence!)

The Michigan Gun Crimes Lawyers at the Barone Defense Firm commend the prosecutor for his decision, but many prosecutor’s do not have such courage. We represent and defend the rights of citizens charged and investigated for crimes involving self-defense and legal use of firearms, so we understand why the prosecutor’s decision was difficult and don’t envy him for having to make it. This is a very complex and sensitive legal topic that has significant legal, political, and public ramifications. This case highlights all of this, and invites a discussion of Michigan’s self-defense laws.

Would Kyle Rittenhouse Have Been Acquitted in Michigan?

Published on: November 19, 2021 | by Patrick Barone

The only way to know the answer to this question would be to actually try the case in front of a Michigan Jury. One thing for certain however is that Kyle Rittenhouse would have been allowed to raise a claim of self defense had the case happened here in Michigan. Presumably, if it was the exact same testimony and evidence, same jurors, judge and prosecutor, then yes, Kyle Rittenhouse would have been acquitted here in Michigan too.

This is all speculation, but a brand-new case in Michigan may shed light on the question. The name of the case is People of the State of Michigan v Leandrew Martin. The case arose out of the Jackson County Circuit Court, and was decided on November 18, 2021. In this case, the Michigan Court of Appeals set aside multiple felony convictions because the defendant’s lawyer had failed to request a jury instruction for self-defense despite the fact that a claim of self-defense had been established at trial. The court held that this mistake was so bad that the verdict had to be set aside finding that the defendant’s attorney was “ineffective.”

The case arose out a bar fight and during the fight the defendant shot ten times into a crowd, leaving one person with a serious injury caused by ricocheted bullet that struck the foot. The defendant was a felon and was not in lawful possession of the pistol. Because of this the defendant’s lawyer thought he was not entitled to raise self-defense. It’s not clear why the defendant’s lawyer believed this to be true because Michigan’s laws of self-defense do not require that a defendant be in lawful possession of the weapon in order to raise a claim of self defense.

How to Permanently Lose your Firearms Rights in One Simple Step

Published on: November 8, 2021 | by Ryan Ramsayer

Over the years of defending “criminals” I have encountered many honest citizens who have made a simple mistake and now find themselves facing felony charges, prison time, the loss of career, and the loss of their 2^nd Amendment rights, simply by making a mistake in understanding how they should transport a firearm. Unfortunately, ignorance of the law is not a defense. The price of education once in the legal system can be steep. To avoid this fate, this article seeks to clarify the frustrating and contradicting laws regarding how to transport firearms.

Oftentimes, my clients are pulled over for a simple speeding ticket. After the cop gets their license, registration, and proof of insurance, they are on their way to a warning or simple fine. However, as a throw away question, the officer asks if they have any drugs or guns in the car. Honest and law-abiding citizens are more than happy to tell the cop that they have a pistol unloaded in the case on the back seat or separated from the ammunition and placed in the glovebox.

The simple traffic stop instantly becomes a full-on investigation as the officers then begin asking questions designed to elicit admissions. Since people with Concealed Pistol Licenses (CPL) have an affirmative duty to report the CPL and that they are carrying, the lack of that initial statement from an honest person tells the cop that there is no CPL. This makes the act a felony and soon an arrest and a night or more in jail await someone who thought they were transporting a pistol safely.

Michigan Governor Seeks to Ban All Firearms at the Capital Building

Published on: February 15, 2021 | by Patrick Barone

Early in the 2020 Covid-19 pandemic Michigan’s Governor Whitmer promulgated a slew of executive orders that significantly reduced or eliminated the ability of Michigan’s citizens to work, travel, shop and engage in many leisure activities. The Governor’s orders were among the most restrictive in the Nation, earning her both praise and criticism locally and nationally.

Within Michigan, many protests followed, including a well-publicized armed protest in April 2020. No firearms arrests followed this protest, and many were surprised that Michigan law did not ban the open or concealed carrying of firearms at the State Capital.

To understand why no arrests were made, it is helpful to know that Michigan is an open-carry State, meaning that in many instances non-concealed firearms can be carried anywhere not otherwise precluded under Michigan Complied Laws §750.234d. The laws pertaining to concealed carry are someone different, but the capital building is also not a prohibited place for concealed carry under Michigan Complied Laws § 28.425o.