Articles Posted in Uncategorized

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.

Most Michiganders know the OWI meaning, which is our state’s generic acronym for operating while intoxicated. When alcohol is not the impairing substance, however, a related but different MI OWI crime sometimes called “drugged driving,” can be committed by a motorist in Michigan. This violation is called Operating under the Influence of Drugs or OUID.

Three quick informational points about drugged driving and drunk driving cases need to be made by drug charge attorney Patrick Barone. By clarifying these issues now, such information will help the reader understand more about OUID cases.

First, in the USA, DUI vs DWI represent the abbreviations used in the largest number of states, as their preferred acronym (over 40 states and the District of Columbia). The use of “DUI lawyers” or DUI attorneys” (or substitute a “W” for the “U”) will be used in these states, (e.g., Texas DWI lawyer near me, South Carolina DUI attorney).

Is marijuana legal in Michigan? Marijuana weed possession laws in different states can be confusing. The drug possession laws in the State of Michigan are no different.

Federal law criminalizes possession of small amount of marijuana, yet a growing number of states only have enacted civil penalties or no penalties at all for those possessing certain amounts and types of marijuana.

This paranoia about controlled substances occurred in the 1970s, during the Nixon Administration. Richard M. Nixon insisted that marijuana had to be classified as a Schedule I drug (which was the most dangerous).

Basically, sodomy is an act engaging in any type of any oral sex act or anal sex act that would not lead to procreation (having babies). See this web article that reviews some of the history of sodomy laws in America as the author explains sodomy laws 2022 and answers the common question of “is oral sex legal in Michigan?”

Why is sodomy a crime? The better question, as we move in the year 2023 is “where is sodomy a crime?” The short answer to that is “if done in public,” a sodomy offense in MI can be prosecuted as a felony.

“Sodomy” is a word that pertains to sex acts that historically were banned by many religions, but also found its way into most nations’ laws. So, religion came first, and governments were later organized that incorporated many concepts and principles from religious teachings (e.g., “thou shalt not kill.”)

On May 11, 2020, a Southwest Michigan prosecutor arrested for DUI after crashing his car. He was later observed pouring  liquid out of a container in an apparent attempt to conceal evidence.  The container was later determined to have contained alcohol, and so the prosecutor was charged with open intoxicants as well as drunk driving.

If Convicted of DUI in Michigan He May End Up in Jail

The potential penalties for a first offense DUI, called OWI or Operating While Intoxicated in Michigan, include a maximum penalty of up to 93 days in jail. Additional sanctions include a fine of up to $500 fine, court costs and cost recovery, in addition to a crime victim rights fee and a judgement fee.  On top of this, if convicted of DUI this prosecutor is likely to serve a term of probation, be ordered to complete up to 45 days of community service, be ordered to complete some form of counseling and could even lose his car through vehicle forfeiture.

On May 6^th, 2020, Secretary of Education and Michigan native, Betsy Devos, issued new rules under Title IX of the United State’s Federal Laws. Title IX is the section of the laws that prescribe more generally any form of discrimination on the basis of sex for any program receive federal funding. The rules and procedures set out under this section of Title IX also apply to domestic violence, sexual assault, stalking, and dating violence. The new rules govern when and under what circumstances colleges and universities may deal with alleged instances of sexual misconduct among students.

When is Sexual Activity Among Students Misconduct?

Devos’s new rules define sexual harassment as unwelcome conduct that is so severe, pervasive, and objectively offensive. This new definition is narrower than that under the Obama administration’s rules. The previous rule required conduct to be severe or pervasive as opposed to severe and pervasive. That one-word difference can be crucial. For example, one instance of sexual harassment may not be enough to trigger a school’s requirement to investigate the claim.  Victim’s advocate groups are not happy with this change and believe that it effectively denies some victims access to the school’s programs.

The Barone Defense Firm is pleased to announce that Patrick Barone and Keith Corbett will be co-presenting to the Oakland County Bar Association’s Medical Legal Committee on April 4, 2019. Their presentation will offer attendees an insider view of the federal government’s tactics, objectives and methods of conducting an opioid fraud investigation. They will also offer tips for avoiding governmental scrutiny as well as what to do when contacted by the government.

Mr. Corbett will take the lead role in this presentation.  He is an entertaining and informative speaker and will draw upon the wealth of knowledge and experience gained over the three decades he spent under the employ of the Department of Justice (DOJ), the institution charged with the investigating and prosecuting Medicare fraud. As Chief of the Organized Crime Strike Force for the United States Attorney’s Office, Mr. Corbett gained invaluable insight into what happens “behind the curtain” of the government’s opioid investigations.  He will use this knowledge to provide seminar attendees with insider tips for avoiding the scrutiny of the Federal Government and offer advice for how to handle the threat of prosecution when such scrutiny becomes unavoidable.

This topic is currently of great concern to all health care professionals and the attorneys representing them due to the increasing federal pressure to investigate and hold responsible all health care professionals who engage in prescription fraud, with a special emphasis on cases involving opioids. For example, the Department of Health and Human Services announced late last year that they would spearhead a much more aggressive stance on prescription fraud, with a focus on stemming the opioid crisis in America. These increased efforts included the dispatch of 300 new prosecutors whose efforts will be supervised by an Opioid Coordinator in each Department office.  The number of prosecutions and excluded providers is expected to increase in 2019.