Jury nullification occurs when a Michigan jury returns a verdict that is contrary to the law given them by the Judge. In a criminal case, jury nullification occurs when the jury, while believing the accused to be guilty, nevertheless return a verdict of not guilty. Usually this happens when the…
The short and simple answer is that questions of law are for the judge to decide whereas questions of fact are for the jury to decide. However, while technically correct, this short answer is incomplete. Especially if you are charged with a crime like OWI Michigan. One reason this explanation…
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…
Understanding the Criminal Arraignment in Michigan: What You Need to Know The criminal arraignment is the first formal court appearance in your case, marking the beginning of the legal process. In Michigan, as in all states, you have an absolute right to an arraignment. This right is deeply rooted in…
If you’ve been arrested for DUI in Michigan, you’re likely feeling anxious and uncertain about what comes next. The penalties for a DUI conviction can be severe, but knowing what to expect can help you prepare. In a Michigan operating while intoxicated case, also called OWI/DUI, the penalties will be…
Why Does Michigan’s Law of Implied Consent Exist? The first DUI laws went in the books all the way back in the 1950s when cars where just starting to become very common. Back then, there were no breath tests, so that law enforcement tool in a DUI investigation was not…
Michigan Drunk Driving Lawyer Explains Proximate Causation Patrick Barone, considered by many to be among the best DUI lawyers in Michigan, has indicated that a drunk driving causing death case is one of the most difficult kinds of criminal law cases to defend. The concept of proximate causation is one…
Being charged with a crime is most certainly one of the most traumatic events you can experience, and then attempting to retain the right attorney or law firm might also feel like a daunting task. The Criminal Defense Trial Attorneys at the Barone Defense Firm understand that difficulty and that…
Michigan’s Super Drunk Driving Law went into effect on October 31, 2010. It created enhanced punitive and driver license sanctions for Michigan drunk drivers with a Bodily Alcohol Content (BAC) of .17 gerams % or above. It only applies to first offense drunk driving as penalties and driver license sanctions…
The black letter law in Michigan suggests that juries have the power but not the right to exercise jury nullification.[i] Nevertheless, the practice of law is all shades of gray, and the arguments made by lawyers are often in the penumbras of black letter law. For example, some Michigan cases…