Michigan Criminal Defense Lawyer Blog

How to Defend an Alleged SCRAM Violation According to Boyle

Published on: November 16, 2021 | by Barone Defense Firm

Barone Defense Firm Partner and Senior Trial Attorney Michael J. Boyle recently was one of the guest presenters at the Criminal Defense Attorneys of Michigan (CDAM) Fall Conference at Boyne Mountain. The annual seminar was attended by hundreds of criminal defense attorneys from throughout the State of Michigan. CDAM is one of the largest and well-respected membership groups in the State and is dedicated to the improvement of criminal advocacy across all practice areas in the criminal justice system.

Boyle accepted the invitation to speak and was the only attorney that presented on two topics. He presented on Secure Continuous Remote Alcohol Monitoring, known as SCRAM, and he also did a presentation on Self-Defense and understanding Michigan’s Stand Your Ground and the Castle Doctrines.

Boyle has enjoyed the opportunity over the last several years to be part of the process of educating and teaching other lawyers the complex understanding and best practice techniques in representing clients on multiple disciplines. He has presented on numerous occasions for the Michigan Association of OWI Attorneys (MIAOWIA), the State Bar of Michigan Marijuana Law Section, CDAM, and the Ohio Association of Criminal Defense Lawyers (OACDL).

Should Michigan Drunk Drivers Causing Death Be Forced to Pay Child Support?

Published on: November 15, 2021 | by Patrick Barone

As Michigan’s drunk driving laws have continued to evolve, the range and type of punishment upon conviction has continued to increase over time. In the 70s when DUI laws were just beginning to be taken more seriously by drivers, police, prosecutors, and judges alike, punishment was usually limited to a fine and points on the offender’s driving record.

In the 80s, the DUI laws of the 70s were being amended, and these amendments almost always included some new or increased penalty. Jail time began to be considered for repeat offenders and in those cases involving serious injury or death. Fines and costs began to increase, and a variety of driver license sanctions such as restricted driving and a suspension of driving privileges.

The 1990s ushered in a whole new slew of increasingly draconian DUI laws, and the current incarnation of Michigan’s DUI laws dates back to 1999. It was at this time that the definition of DUI changed in Michigan as well. Previously, an offender could be charged with OUIL, UBAL or both. Charges were frequently reduced to reckless driving or “OWI,” which prior to 1999 meant “operating while visibly impaired.”

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 DUI Attorney Michael Boyle Moderates Legal Seminar on Blood Alcohol Testing

Published on: October 18, 2021 | by Barone Defense Firm

Michigan drivers arrested under suspicion of intoxicated driving will have their bodily drug and alcohol levels tested by the police. When drugs including marijuana are suspected, a police officer will see if that distinct marijuana smell is present. Many OWI lawyers near me wrongly believe that DUI cases involving blood tests can’t be defended. The Michigan DUI lawyers at the Barone Defense Firm alcohol, the police will take and test a blood sample. The forensic method used for blood testing is considerably more complicated. Our law firm however believe that in some ways blood test cases are easier to defend. This belief is born out of a comprehensive knowledge about this complex scientific method.

To help other lawyers understand forensic blood testing in DUI cases, the Michigan Association of OWI Attorneys (MIAOWIA) periodically presents seminars on this topic. Barone Defense Firm founding criminal defense attorney near me Patrick Barone, and Partner Michael Boyle, were both closely involved in the creation of MIAOWIA, and Mr. Boyle currently serves as an officer to the group.

As an example of Mr. Boyle’s expertise as well as his commitment to helping other lawyers get better at defending Michigan DUI cases involving blood test evidence, in early October 2021, he served as a host, moderator, and presenter for the Michigan Association of OWI Seminar on Blood Alcohol. Mr. Boyle is an original member of MIAOWIA, which is membership dedicated to the education and training of attorneys throughout the State of Michigan in the complex litigation and representation of individuals charged with Operating Under the Influence of Alcohol and/or Drugs.

Barone Appointed to NCDD Mental Health Task Force

Published on: September 17, 2021 | by Barone Defense Firm

The Barone Defense Firm is pleased to announce that the firm’s founding partner and CEO Patrick Barone was recently appointed to the NCDD mental health task force. The committee was formed in 2021 to provide a confidential resource for any NCDD member feeling overwhelmed with the rigors of running a law practice or the pressure and stress of being criminal defense trial attorney.

Whether it be learning how to better accommodate clients who are going through what may be the most stressful event of their lives, or dealing with difficult and demanding prosecutors or courts, practicing as a criminal defense trial lawyer is an exceptionally difficult and stressful endeavor. It’s easy for the practitioner to become overwhelmed too. This is especially when practicing as a DUI defense lawyer. The defense of intoxicated drivers has its own unique demands and stresses, and the NCDD mental health task force was formed to help members deal with these stresses. Additionally, the task force will be available to offer consultation on how best to help anxious and stressed clients, including those who may be in need of treatment.

Mr. Barone brings a unique skill set to the NCDD mental health task force as he has recently completed the requirements necessary to become a Board-Certified Trainer, Educator and Practitioner (TEP) of psychodrama. Nationally, there are only a small handful of trial lawyers who possess this highest level of psychodrama certification thereby earning this distinction.

Can a MI DUI Be Expunged? New Law for First OWI Convictions

Published on: August 30, 2021 | by Ryan Ramsayer

Yes, a DUI Michigan can be expunged (set aside). If your DUI case is not expunged, it will stay on your criminal record for life. This is true of all DUI convictions, and this means your prior criminal history can be seen by potential employers. For many people, this is one of the most serious DUI penalties. Once your record is expunged, your past DUI charges will be removed from many public records.

Stipulations do exist when looking at getting your drunk driving conviction removed from your criminal record:

You can only have one OWI expunged in your lifetime

How Sober Cannabis Users are Wrongfully Convicted of Intoxicated Driving

Published on: June 16, 2021 | by Patrick Barone

Police in Michigan continue to use unreliable chemical and field sobriety tests when investigating drivers suspected of using cannabis. This can lead to sober cannabis users being wrongfully convicted of intoxicated driving. This is because the tools used for decades to investigate drunk driving cases simply do not translate well to the investigation of drivers believed to be under the influence of marijuana.

These conclusions are drawn from a 2020 research study conducted by the National Institute of Justice. This federally funded research study resulted in the production of a final written overview which was subsequently submitted to the U.S. Department of Justice. The title of the overview is Differences in Cannabis Impairment and its Measurement Due to Route of Administration. (Hereafter “NIJ Study”).

What did the NIJ Study Conclude?

Research Shows that False Memories in Sex Crimes Cases Can Lead to Wrongful Convictions

Published on: May 28, 2021 | by Patrick Barone

Charges for criminal sexual conduct cases, more commonly called sex crimes or sexual assault, are often based only on the memories of the complaining witness. This is especially true for sexual assault that allegedly took place when the adult victim was a child. In these sex crimes cases there is no physical evidence, and the guilt of the accused rests entirely on the veracity of the witness’s statements and testimony. The problem is that the allegations of criminal sexual conduct can be based on totally false memories.

A new article written by an international team of researchers suggests that false memories can be reversed. According to the article, false memories cause many problems, not the least of which is false criminal allegations. The existence of false memories has been shown by many prior studies, and the contribution of this new study is that with the right kind of interviewing false memories can be supplanted by true memories.

To understand how this would all play out in a Michigan sex crimes case, the investigation of a sex crime usually begins with a report made to a police department. The initial report will inevitably be based on a recollection of past events, in this case some kind of sexual trauma or abuse. The case might then be assigned to a detective, who is likely to seek a second interview of the complaining witness, a/k/a victim. Depending on the age of the complaining witness, a forensic interview may follow.

Community Caretaker Search Warrant Exception Not Applicable to the Home

Published on: May 21, 2021 | by Patrick Barone

The United States Supreme Court has recently ruled that the community caretaker exception to the search warrant requirement does not apply to a person’s home. The name of the case is Caniglia v. Strom, and in a unanimous opinion the Court found that guns seized by the police after entering a home without a warrant were not admissible in evidence on the basis of the community caretaker exception.

The Caniglia case involved a married couple who had been arguing in their residence. During the fight the husband grabbed his gun and told his wife to shoot him. The wife took possession of the gun, and put it away, hiding the ammunition. She later left the house to stay at a hotel, and because she was worried that her husband might suicide, she called the police. The wife then met the police back at their home where the husband had remained. The police instructed the wife to stay in the car as they interviewed the husband.

The police believed that the husband posed a danger to himself and called for an ambulance to take him for a psychiatric evaluation. He claimed the police agreed that if he went to the hospital, they would not take his guns whereas the police claimed he consented to a search of his home. The wife, believing the officers that her husband had consented, then guided the police to where the guns were inside the home, and the police took possession of them. No arrest was made, and no charges were brought against the husband. The guns were eventually returned, but the Caniglia’s filed a lawsuit, nevertheless, claiming a violation of Section 1983 under the Second, Fourth and Fourteenth Amendments. In the lawsuit the Caniglia’s sought money damages as well as injunctive and declaratory relief.

Is Your Business Prepared For A Ransomware Attack?

Published on: May 10, 2021 | by Barone Defense Firm

On May 8, 2021 Colonial Pipeline, an operator of a major gasoline pipeline based in Alpharetta, Georgia, fell victim to a major cyber-attack resulting in the shutdown of all its pipeline operations. Colonial Pipeline currently supplies approximately 45% of the fuel supply to the US East Coast. It is unknown at the present time how long the pipeline operations will be down, if they are down for an extended period this would likely affect the price of gasoline.

Colonial Pipeline was attacked by a ransomware threat. Ransomware is a type of malware that will target data and hold it hostage until the demands of the hacker are met. Sometimes ransomware can also lock down a system and block access to systems until demands are met.

Typically, the demands of the hacker are financial and will require the payment of a sum of money until the data is released or access to the systems is restored. Colonial Pipeline has not released any details on the specifics behind their attack other than they were attacked by ransomware and are moving quickly to resolve the cyber-attack and restore operations.

Michigan Criminal Defense Law Blog

What did the NIJ Study Conclude?