Michigan Criminal Defense Lawyer Blog

Drunk Driving Lawyer: DUI DWI OWI Defense Attorney Near Me

Published on: January 21, 2023 | by Patrick Barone

This page on DUI defense law in the State of Michigan discusses OWI charges, for a misdemeanor or felony in Michigan. The answer to “is a DUI a felony in Michigan?” is usually not. Regardless of which offense you face, your search for legal help must be limited to the top DUI lawyers in the Great Lakes State.

About 95% of all drunk driving convictions in Michigan are misdemeanors, despite a felony charge coming on a 3rd lifetime DUI case, and not the usual 4th DUI within 10 years, like most other states. Even when facing an OWI 1st offense, every person needs to limit her or his search to only the exceptionally good DUI lawyers near me.

How serious is driving while intoxicated? Being arrested for a drunk driving offense is an unexpected and often traumatic experience.

Michigan Domestic Violence Accusations: Building a Defense

Published on: January 17, 2023 | by Barone Defense Firm

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 courld lead to jail time and long-term consequences.

Almost every client that retains ou 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.

Embezzlement Lawyer to Fight Michigan Embezzlement Charges

Published on: January 17, 2023 | by Barone Defense Firm

Fraud vs Embezzlement. Any embezzlement or fraud conviction would be a “crime of moral turpitude,” which can block you from obtaining a wide variety of jobs. Plus, for large amounts pilfered (e.g., from a bank account, a church, or a charitable organization), up to 20 years in prison (state or federal) and fines of over one hundred thousand dollars may be ordered to be paid by the convicted person for felony embezzlement

Define embezzlement. For any person working in a job for a business, company, church or even a charity, and who has access to checkbooks or other electronic means of siphoning off money or charging to a company credit card, all of these can be how an embezzlement defined in an indictment may read.

Types of Fraud Charges. At Barone Defense Firm, our law group is staffed and prepared to help those facing embezzlement charges and other white collar crimes, including those who were acting in a fiduciary relationship (e.g., lawyer or accountant or bookkeeper frauds).

How to Avoid Jail Time for a 3rd DUI Michigan

Published on: January 15, 2023 | by Barone Defense Firm

3rd DUI Michigan lawyer Patrick Barone has experience with getting repeat DUIs reduced.
Have you ever wondered what happens if you get convicted of a Michigan 3rd DUI? A 3rd Offense DUI is a potential disaster. Callers to our OWI law office want to know answers to questions like, “When will I be getting my license back after a 3rd DUI Michigan,” and “How long is license suspended for a 3rd DUI in Michigan” and even “What does DUI mean?”

What happens on your 3rd DUI? Just dealing with potentially losing your job and trying to pay higher insurance premiums is jarring to some Michiganders. Jail time is the most harrowing and worrisome 3rd DUI penalty that most clients fear. These felony crimes, however, can also result in vehicle forfeiture to the State, or license plate confiscation and immobilization of all vehicles owned by the client.

Analyzing the OWI Case Is the Starting Point to Avoid Jail Time

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?

How to Get a DUI Expunged in Michigan

Published on: January 1, 2023 | by Ryan Ramsayer

Even a single Michigan DUI conviction can cause great hardship. It creates a permanent public record. This can impact employment, insurance, sense of well-being, and many other things. If you want to have your DUI conviction in Michigan expunged, we have good news because expungement of drunk driving convictions has never been allowed in Michigan until recently.

The DUI expungement process is complex, and we recommend that you hire a lawyer to help you. Many of the steps required are covered in another article we wrote entitled, “Can a Michigan DUI Be Expunged.”

A lawyer is likely necessary because, unlike other misdemeanors and felonies, which will be automatically removed from criminal records, a detailed and at times cumbersome process is required to prepare your case for filing with the court. What may seem like small errors in the paperwork can result in the DUI in Michigan expungement being denied.

What Happens to My CDL if I’m Convicted of Drunk Driving?

Published on: January 1, 2023 | by Patrick Barone

A Barone Defense Firm CDL lawyer knows how important a CDL license is to your livelihood.
If you have a CDL (commercial driver’s license) then a Michigan drunk driving conviction will have many implications relative to your driving privileges, both private and commercial. The exact nature of these implications will depend on your prior criminal record, specifically prior OWI Michigan and other states’ convictions, as well as the nature of your current drunk driving conviction.

Non-Commercial Driver’s License Sanctions

If this is your first drunk driving conviction, or if you have prior offenses that are more than 10 years old, then our prior article entitled “Driver’s License Sanctions for First Offense Drunk Driving” adequately sets forth all the driver license sanctions applicable to your non-commercial driving privilege.

Michigan DUI/OWI – How to Stay Out of Jail

Published on: January 1, 2023 | by Patrick Barone

How to saty out of jail if you are charged with drunk driving in Michigan
Even a person convicted of a first offense DUI/OWI in Michigan with no prior record faces the possibility of up to 93 days in jail, and judges in some courts are well known for putting first-time offenders in jail. Also, repeat drunk drivers may face up to five years in prison for felony drunk driving, and where a death or serious injury occurs, the offender may be looking at 15 years or more behind bars. Even second DUI offenders face a minimum mandatory 5-day jail sentence, while felony drunk drivers are looking at a minimum of 30 days to a year.

You Can End Up in Jail Even Before Your Michigan OUI Case Begins

DUI Michigan convictions aren’t the only reason people may face jail time. Before the case even gets underway, and while you are still presumed innocent, some courts set extremely high cash bonds that are simply out of reach for many offenders. If the bond is too high, then you stay in jail until the bond is posted. Also, in addition to the money posted, you will be ordered to comply with certain bond conditions.

The Steps in a Michigan DUI/OWI Case

Published on: January 1, 2023 | by Patrick Barone

This article covers only the steps in DUI/OWI case that take place in court after a lawyer has been retained.

The first step in a Michigan drunk driving case is an arraignment on the warrant, ticket, complaint or information. At the arraignment, a plea of not guilty will be entered on your behalf and the judge or magistrate will set a bond. Your case will then be set for a pretrial.

A pretrial conference or hearing will occur at your next appearance in court which is usually roughly three or four weeks after the arraignment. Depending on the court and the prosecutor this may be the first time your lawyer can review all of the evidence against you. You will have four choices at a pretrial, and your lawyer should discuss them with you prior to the pretrial conference so that you know what to expect and how to proceed.

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

Michigan Criminal Defense Law Blog

Analyzing the OWI Case Is the Starting Point to Avoid Jail Time

What’s the Difference Between Misdemeanor and Felony?

Non-Commercial Driver’s License Sanctions

You Can End Up in Jail Even Before Your Michigan OUI Case Begins

The Parents of the Oxford Shooter Are Also Being Charged With Crimes