Criminal Evidence

What is a Preliminary Examination in Michigan?

Published on: June 19, 2023 | by Barone Defense Firm

If you are charged with a felony in one of Michigan’s State courts, then you have a right to a preliminary examination. This hearing will take place after your probable cause conference. This probable cause conference must take place within 14 days of the arraignment.

A preliminary examination hearing is a hearing that takes place in the district court. The judge presiding over the hearing decides whether there is enough evidence for the case to proceed to the circuit court.

The main purpose of this hearing is to determine if the prosecutor can establish that there is a reasonable belief the defendant committed the crime in question.

Criminal Discovery: What it is and How it is Used by the Defense

Published on: May 3, 2023 | by Patrick Barone

discovery-in-criminal-case-scaled-e1683132062342-300x129 In the United States, the discovery process in the criminal justice system is governed by federal and state laws and rules of criminal procedure. For example, Federal Rule of Criminal Procedure 16 sets out the requirements for discovery in federal criminal cases. State criminal procedure rules may vary depending on the jurisdiction.

In general, the prosecution in a felony case is required to disclose to the defense any evidence or information that is material to the case. This includes witness statements, police reports, crime scene images, forensic reports, expert witness reports, and other documents. This is known as “disclosure” or “discovery” by the prosecution. The prosecutor must also disclose exculpatory evidence.

The criminal defense attorney is also required to disclose to the prosecution any evidence or information that they plan to use at trial. This also includes witness lists, expert reports, and other documents. This is known as “reciprocal discovery” or “reciprocal disclosure” by the defense. However, attorney work product is protected and not subject to disclosure.

Target Letters from a Federal Government Investigation

Published on: April 19, 2023 | by Barone Defense Firm

It can be difficult to know if you are under a federal investigation. However, if you are aware, there are several clues that you are under investigation by the Federal Government. One of them is the receipt of a target letter.

A target letter is a formal notification sent by the United States Department of Justice (DOJ) to inform an individual that they are a target of a federal criminal investigation.

The letter typically provides information about the nature of the investigation. This might include the specific crime or crimes that Government suspects you of committing.

Under Police Investigation But Have Not Charged in Michigan

Published on: April 12, 2023 | by Barone Defense Firm

freedom-1886402_1280-300x170 If you have reason to believe that you are under investigation for a crime in Michigan, it is in your best interest to seek the advice and representation of an experienced criminal defense lawyer as soon as possible.

You may feel tempted to handle the matter on your own or wait until you have been formally charged with a crime. It is important to understand that the actions you take at this early stage can have a significant impact on the outcome of your criminal case.

If you are being investigated this only means that police officers are using many investigative tools against you as they are building a case. While you may not be facing criminal charges right now, you may well soon be notified that warrant for your arrest has been issued. You are better off hiring a criminal defense attorney now to protect your rights.

Age of Consent in Michigan: Romeo and Juliet Law Michigan

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.

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.

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.

Jury Nullification Happened in Dr. Jack Kevorkian Trials

How to Write Effective Character Letters for Court Purposes

Published on: February 3, 2023 | by Patrick Barone

Michigam OWI lawyer Patrick Barone owns Barone Defense Fir m in Birmingham, MI. Here he discusses the age of consent (the legal age that a perron must be to have consensual relation with another human being. Your Michigan defense lawyer may ask you to obtain a character letter for court purposes. This article explains how to format and write such a letter. You can share a link to this article with those you ask to write such letters.

While there are many suggestions here, what’s missing is a sample character letter or a form character letter. This is because utilization of a form will cause all character letters to look substantially the same, and this defeats the whole purpose and is counter-productive. Use of such forms is strictly discouraged.

Character Letters for Use During Plea Negotiations

Is it Possible to Avoid Jail on a Child Pornography Charge in Michigan?

Published on: December 27, 2022 | by Barone Defense Firm

Michigan domestric violence lawyer Patrick Barone explains the possibility of jail time. Michigan’s criminal charges involving child pornography are rigorously enforced and harshly punished. For this reason, avoiding jail time on a child pornography (or, Child Sexually Abusive Material (CSAM), in Michigan) case can be extremely difficult.

This is true whether the case involves possession, distribution or production of material that includes a child engaging in a sex act of some kind. If you want to avoid jail time for a CSAM charge, then it is important to hire an experienced CSAM child pornography lawyer.

Michigan’s Law Regarding CSAM are Complex

Is Weed Legal in Michigan? Cannabis Laws, Michigan Marijuana

Published on: December 13, 2022 | by Barone Defense Firm

Is marijuana legal in Michigan? Marijuana weed possession laws in different states can be confusing. The drug possession laws in the State of Michigan are no different.

Federal law criminalizes possession of small amount of marijuana, yet a growing number of states only have enacted civil penalties or no penalties at all for those possessing certain amounts and types of marijuana.

This paranoia about controlled substances occurred in the 1970s, during the Nixon Administration. Richard M. Nixon insisted that marijuana had to be classified as a Schedule I drug (which was the most dangerous).

Police Car Dash Cam Video and MI DUI/OWI Cases

Published on: November 1, 2022 | by Patrick Barone

Michigan police cruisers all aere equipped with video cameras (dash cam) that begins recording the moment a cop decides to pull you over.
Most police agencies in Michigan use dash cams to record citizen interactions. This means that if you’ve been arrested for DUI or

Operating While Intoxicated (OWI) in Michigan, there is an excellent chance that a dash-cam video exists.

Every drunk driving arrest is different, and not every video recording is the same. However, this arrest video may capture all the interaction you had with police, beginning with an audio of the officer’s first words to you as you were sitting in your car after being stopped. Next, the video may show you stepping out of the car and then walking to the rear and waiting for the officer to give you instructions on the field sobriety tests. If the officer asked you to state the alphabet, count backwards, pick a number, etc., then your responses to these requests may also be captured on the audio portion of the video recording. Also, it may be possible to determine how well you performed on the walk and turn and the one leg stand exercises. Finally, a careful observation of the video recording will allow your attorney to determine if the officer followed his or her training regarding these tests, and particularly, if the officer properly administered the horizonal gaze nystagmus test (DUI eye test).