Published on: | by

There are three categories of consequences that can arise out of a drunk driving conviction. The punitive sanctions are those that the judge imposes after you are convicted, and include things like jail time, fines and costs, community service, etc. The driver license sanctions are those imposed by the Secretary of State.

For example, once you’ve been convicted of a high BAC/Super-Drunk case, your license will be suspended for 45 days followed by 320 of restricted privileges with an ignition interlock device.

But, the most significant consequences of a drunk driving conviction are often the collateral consequences.

Continue Reading ›
by
Posted In: OWI
Published on:
Updated:

Published on: | by

Michigan has been particularly hard hit by Covid-19, and our Governor Gretchen Whitmer has responded with a series of executive orders effectively ordering residents into house arrest. Under the most recent shelter in place Executive Order 2020-42, citizens are allowed to leave their homes only for things necessary to sustain life, such as to obtain food and medicine. Even then, Michigan’s governor has ordered that citizens make maximum use of delivery services, meaning there is a near total lock down until May 1, 2020. Consequently, all bars and sit down restaurants remain closed, as are public gatherings of almost any size, even in one’s home.

While alcohol consumption in Michigan is on the rise during the pandemic meaning people are now drinking copious quantities inside their homes, often as part of a virtual happy hour with friends, they are not leaving their homes or driving their cars. As a result, the Michigan’s economy is at a near halt, and with it, so too are DUI arrests.

On top of this, police resources are strained by covid-19 personnel losses, and the already strained police forces are refocusing efforts toward enforcing the governor’s shelter in place orders, a misdemeanor punishable by up to a $1,000 fine and up to 90 days in jail. With the roadways nearly empty, and fewer police on patrol, far less traffic stops are occurring.

Continue Reading ›
by
Posted In: OWI
Published on:
Updated:

Published on: | by

At the Barone Defense we help people who have lost their license due to multiple drunk driving convictions, and we continue to help people get their driving privileges back even during the Governor’s shelter in place order.  According to Ryan Ramsayer, the Firm’s driver license restoration expert:

This is a difficult and stressful penalty that can affect people’s lives for year after year. However, driver license revocation in Michigan doesn’t have to be a life sentence.

When Should I Try to Get my License Back?

Continue Reading ›

Published on: | by

The United States just earned the unfortunate statistic of having the world’s most confirmed cases of Covid-19. While the virus does not discriminate, it does disproportionately impact certain members of our communities, including those who have dedicated their careers and perhaps literally, their lives, to helping all of us.

These first responders include all police officers, nurses, doctors and firefighters.  All of those on the front line of helping us fight the pandemic.  They’re all in the same boat.  Their jobs place them at the highest risk, and even with protective measures, many of them will contract the virus.  By all accounts, once the virus is contracted the impact varies considerably among individuals.  Some experience almost no or only very minor symptoms while in others the virus quickly migrates to and immediately begins ravaging the lungs. The result for some is death.

It’s during times like these that all of us look for ways to protect ourselves and our families.  Not only from the potential illness caused by the virus, but we also want to protect the financial well-being of our loved ones.  For many of us this means making sure we have all necessary estate planning documents in order.

Continue Reading ›

Published on: | by

It has been widely reported in a rather sensational story that a 6-time murderous drug dealer from the City of Detroit avoided jail by becoming a DEA informant. The big questions are what did the DEA know about their informant’s background, and did the information he provided justify the informant’s extraordinary deal?  According to Barone Defense Firm attorney Keith Corbett, the DEA knew about their informant’s dangerous criminal history and the DEA’s deal was a bad one.

This story, which was widely reported in the Detroit area news media, was eventually picked up by the United Kingdom’s Daily Mail.  The individual involved is Kenyel Brown, and according to the UK Daily Mail article “Brown was hired as an informant for the Detroit Police Department and the Drug Enforcement Administration in a joint task force.”  Our local paper, the Detroit Free Press reported that Brown was released from custody at the request of federal law enforcement officials. It was U.S. District Judge Bernard Friedman who actually signed the release.

In addition to the alleged 6 murders, Brown had other criminal legal problems.  For example, he violated the terms of his probation by failing to remain abstinent from drugs and alcohol, missing mandatory meetings, and, picking up a drunk driving charge!  Judge Freedman was aware of all this, but decided to give Brown a break because, in addition to all of his criminal wrongdoing, he was “doing some of the right things” too.

Continue Reading ›
by
Posted In: OWI
Published on:
Updated:

Published on: | by

First and foremost, throughout this difficult time, the Barone Defense Firm is hopeful that all our clients, present, past and future, are safe and healthy and remain able to take care of themselves and their loved ones. The world, our Country and each of our communicates have changed so much in the past few weeks.  Nevertheless, our main priorities remain the same:

  1. Protect the health and safety of our community, and;
  2. Minimize disruptions in our handling of your case.

As we all know, the impact of the Covid-19 Virus has been widespread on a global, state, and local scale, and recently, Michigan joined a growing number of States that have issued stay at home orders. In this midst of all of this uncertainty, we want to assure you that we at the Barone Defense Firm are continuing to work hard protecting your legal rights while simultaneously implementing policies to protect your health.  As circumstances seem to rapidly change, our offices will persist in responding, which will include our monitoring the applicable orders, rules and policies of our local district and circuit courts for changes that may directly impact our clients.

For example, in accordance with the recommendations of the CDC and the Administrative Orders of the Michigan Supreme Court (MSC), we are taking every precaution to protect the health of our clients, our firm, and all the employees of the judicial system, and this includes limiting in-person communications and court appearances. Per the MSC Administrative Order;

Continue Reading ›

Published on: | by

The Barone Defense Firm proudly announces the release of Patrick Barone’s latest book entitled “Michigan Gun Law: Armed and Educated.” Containing all the dos and don’ts of Michigan’s firearms laws, the book’s more than 400 pages and 14 chapters cover the following topics:

  • The History of the Right to Bear Arms
  • The Law of Purchasing, Transferring and Possessing Firearms
  • Michigan’s Law of Self Defense Including Stand Your Ground and Castle Doctrine
  • Use of Force Law in Michigan
  • Concealed Carry and Open Carry Laws in Michigan
  • The Potential Criminal and Civil Liability Involved in Firearms Ownership and Self Defense

The book is written in layman’s terms, yet it contains dozens of legal citations to Michigan’s statutory and common law. Due to its breadth of coverage, Michigan Gun Law is a reliable and authoritative legal compendium that can be used as a reference guide by gun owners and enthusiasts alike.  This book is the first of its kind in Michigan and is already the seminal work for all of Michigan’s gun owners.

The book’s author has been a gun owner and enthusiast for more than 35 years and is well-versed in all aspects of this complicated area of Michigan’s jurisprudence. Early in his career as a criminal defense trial lawyer, Mr. Barone gained experience defending a multitude of different crimes involving the alleged unlawful use or possession of firearms. As one of Michigan’s leading experts on intoxicated driving cases, Mr. Barone utilizes his firearms expertise when the citizen-accused’s DUI case also involves the additional complication of firearms possession. While intoxicated driving is briefly covered within the pages of Michigan Gun Law, the primary focus of the book is guiding gun owners in the lawful possession, carrying and use of firearms in self-defense.

Continue Reading ›

Published on: | by

In a series of public communications, the Michigan State Police have admitted that many of the more than 200 DataMaster DMT breath test machines used in the state were fraudulently certified.  The full extent of the fraud as well as it’s meaning and impact to those arrested and prosecuted for allegedly driving drunk remains to be revealed. In the meantime, the integrity of the breath test results for all drunk driving cases throughout the State is being called into question.  Accordingly, the Michigan State Police (MSP) has ordered that all breath test DMT instruments throughout the State be taken out service immediately. While the investigation into the extent of the criminal activity is investigated, all suspected drunk drivers will have their blood withdrawn for testing. This blood can be withdrawn with the consent of the driver, or by a warrant, if the driver refuses to give blood.

Here is a chronological record of how MSP and their breath test program ended up in this tenuous situation:

    1. On September 1st, 2011, Michigan entered contract # 071B1300379 with National Patent Analytic Systems (NPAS) for the purchase of 300 DataMaster DMT breath test instruments.  This contract, which amounted to over Three Million Dollars, included a three-year period of maintenance to be performed by NPAS employees.
Continue Reading ›
by
Posted In: OWI
Published on:
Updated:

Published on: | by

Barone Defense Firm attorney Keith Corbett spent most of his career putting away Detroit’s most notorious mobsters. As the Chief of the Organized Crime Strike Force for the United States Attorney’s Office, Corbett was responsible for helping to put away some of the biggest players in Detroit’s top crime families, including Tocco and Zerilli. After a couple decades as a mob prosecutor working with these cases, and in the course of it, immersing himself in the history and culture of La Cosa Nostra, it’s no wonder he’s been repeatedly interviewed regarding the disappearance of Jimmy Hoffa. With the release of the Netflix original The Irishman, a Martin Scorsese film starring Al Pacino, Robert DeNiro and Joe Pesci, the public’s interest in knowing more about this topic is once again piqued, leading to a flurry of more recent interviews.

According to Channel Four News, Corbett “was the prosecutor who sent both Zerilli and Tocco to prison.” Having prosecuted them, Corbett has an idea of the ill-will that might exist between them and told Channel Four News that Tocco blames Zerilli for his conviction and incarceration.  So maybe Tocco had a reason to lie about Jimmy Hoffa being buried on Zerilli’s property?

On the other hand, in a WJR interview, Corbett doubted Hoffa’s good friend Charles O’Brien had anything to do with his disappearance.  “I don’t think Chuckie was involved, he’s not the kind of guy you want,” Corbett said regarding Hoffa’s disappearance.

Continue Reading ›

Published on: | by

Barone Defense Firm associate trial attorney Keith Corbett knows a thing or two about RICO (Racketeer Influenced and Corrupt Organizations Act).  As a former Federal Prosecutor, he lived and breathed RICO for several decades, and even used this powerful and far reaching law to to bring down some of the most notorious crime families in Detroit.  Now, he’s applying that experience to help the news media make sense of the civil RICO lawsuit recently filed by General Motors (GM) against Fiat Chrysler (FCA).

In a recent interview with Channel Four News, Rod Meloni, Mr. Corbett opined that on the one hand GM’s legal task is an easy one because in a civil case the RICO allegations need only be proved by a “preponderance of evidence” roughly meaning that 50.1% of the evidence is in GM’s favor.  This is a far lower burden of proof then Corbett became accustomed to as a Federal prosecutor.  When he took down such notorious crime families as the Zirrilli’s, the Toco’s and the Giacalone’s, Corbett was bound by the Constitution’s much higher burden of proof in criminal cases, beyond a reasonable doubt, which is the highest burden of proof in our entire legal system. By comparison, GM’s task seems easy.

On the other hand, according to Corbett, GM’s case will rely on whether they can prove that the Fiat Chrysler CEO Marchionne was directly involved.  Showing that a few miscreants working independently of the Fiat Chrysler CEO will not be enough. Partly because of this difficulty, the civil RICO litigation will take years to conclude.  However, since both parties have “deep pockets” there will be no shortage of funds to pay high-powered and influential lawyers like Corbett to get to the bottom of what happened. Unfortunately, according to Corbett, the United Auto Workers (UAW) could bear the brunt of the spoils of this auto war because if Fiat Chrysler goes down, 1000s of auto workers could find themselves without a job.

Continue Reading ›