3 Counts CSC Not Guilty

Firearm Assault Dismissed

Felony DUI Not Guilty

Federal Conspiracy No Jail

Michigan Criminal Defense Law Blog

What Is Michigan’s Age of Consent and How Does the Romeo and Juliet Law Apply?

Published on: March 13, 2023 | by Patrick Barone

Michigan sex laws. To not run afoul of the statutory rape Michigan law, it is critical to review the Michigan “consent” laws. Every state enacts its own rape laws relating to the age at which a female can acquiesce to having sexual relations. Making the mistake of engaging in sexual intercourse can make that older person a sex offender

Michigan age laws. In various aspects of our lives, the Legislative branch of government has enacted laws that are meant to protect young people. An example of this is for laws controlling when teenagers can marry in the Great Lakes State, as well as when they can consume alcoholic beverages.

Michigan statutory rape laws. In Michigan, the statutory rape law is denominated “third degree sexual conduct.” Any person under age 16 cannot consent to have sex. Thus, the burden is on the other person to positively determine a sex participant’s actual age.

HYTA Michigan: New HYTA Law Helps Some Avoid Criminal Record

Published on: February 27, 2023 | by Patrick Barone

What is HYTA in Michigan? Michigan’s Legislators recently passed a bill that (in some states) is called a “youthful offender’s law.” The new Legislation in Michigan is Called the Holmes Youthful Trainee Act (HYTA).

Under the new law, if you are more than 17 years of age, but less than 26 years of age. Plus, you must be charged with a crime in Michigan. If not brought up by the criminal attorney you are consulting, be sure to discuss with a criminal law attorney whether you can avoid a criminal conviction by being given youthful trainee status.

The Michigan HYTA Probation Law allows defendants under 26 years old to avoid their criminal record being shown on MI state records.
This HYTA Probation Law allows most people who are under 26 years of age and charged with a crime to avoid a permanent criminal record from being shown on Michigan state records. The new HYTA Michigan law — relating to certain criminal charges for some youthful offenders — was signed into law by Governor Gretchen Witmer October 1, 2021.

OUID: Operating under the Influence of Drugs in Michigan

Published on: February 8, 2023 | by Barone Defense Firm

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).

What Is Jury Nullification in Michigan? Is It Legal?

Published on: February 7, 2023 | by Patrick Barone

Jury nullification in Michigan can and does happen, which is when a jury judges the law instead of determining if a defendant is guilty of breraking that law.
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.

In Michigan criminal defense cases, jury nullification can be both a fascinating and controversial topic. Many people are surprised to learn that a jury can essentially reject the law as it’s written if they feel applying it would result in an unjust outcome. This doesn’t happen often, but when it does, it can be a powerful reminder that our justice system includes a human element. Jurors are instructed to follow the law, but they also bring their own values and perspectives into the courtroom. For people facing serious charges like OWI or other criminal offenses in Michigan, understanding how a jury might respond to the facts—and the law—is an important part of legal strategy.

Usually this happens when the jurors either don’t like the MI criminal law in question or don’t believe that the criminal law is being appropriately applied. When a jury does this they are thought to “judge” the law.

How to Legally Carry a Concealed Weapon in Your Car in MI

Published on: February 1, 2023 | by Patrick Barone

By: Patrick Barone, MI Gun Lawyer and author of Michigan Gun Law Legal Books

MI Gun lawyer Patrick Barone shows you how to legally carry your firearm in your car or truck, and if you are pulled over by law enforcement, do you need to tell the officer you have a pistol in tyhe vehicle.
Michigan firearms law provides that anytime a pistol or revolver is inside a motor vehicle it is considered a concealed weapon. See Michigan Complied Laws Sec. 750.227. This crime is often abbreviated as “CCW” and is applicable even when the pistol is in plain sight, and therefore not literally concealed.

Does Michigan Have Recipricol Concealed Carry Priveleges With Other States?

What’s the Difference Between a Question of Law and a Question of Fact?

Published on: January 31, 2023 | by Patrick Barone

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.

Learn the difference betweek drunk driving and OWI Michigan.
One reason this explanation is incomplete is because it ignores the issue of jury nullification where judges are thought to be “judges of the law.” However this is a complicated and controversial topic, and beyond the scope of this article. To learn more about jury nullification, see; What is Jury Nullification and is it Lawful in Michigan?

When you’re facing an OWI charge in Michigan, the stakes are high, and understanding the roles of judges and juries becomes more than a legal curiosity—it becomes a crucial part of building your defense. For example, many clients charged with operating while intoxicated wonder who decides if a breathalyzer test was administered properly, or whether the officer had a valid reason to initiate the traffic stop in the first place. These aren’t just technicalities—they’re legal questions that could affect whether key pieces of evidence are even considered at trial. Knowing who decides what, and when, could make the difference between a conviction and an acquittal.

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

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.

Until recently, Michigan law prohibited anyone from expunging a drunk driving conviction—no matter how long ago it occurred or how clean their record had been since. That meant even a single lapse in judgment could follow you forever. Thankfully, the law has changed. As of 2021, individuals with a first offense OWI or similar drunk driving conviction now have a path to clear their record. If you’ve been living with the weight of a DUI on your criminal record, now may be the first real chance to remove it. But because this opportunity is limited and comes with strict requirements, it’s important to approach it with care—and ideally, with legal guidance from someone who understands the process.

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.”

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 hold a Commercial Driver’s License (CDL) and face a drunk driving conviction in Michigan, the consequences can be severe and far-reaching. Understanding the potential impacts on your CDL is crucial for safeguarding your livelihood and planning your defense strategy. 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.

CDL Disqualification Periods

A conviction for OWI leads to a mandatory disqualification of your CDL. The length of disqualification depends on the nature of the offense and the timing of previous offenses: