Articles Posted in Criminal Penalties

Understanding a Probation Violation Case

Published on: August 3, 2018 | by Patrick Barone

Understanding a Probation Violation Case

If you have been sentenced in Michigan for a violation of any misdemeanor or felony law, then the judge likely placed you on a term of probation. Technically speaking, you may be placed on probation if the court determines that you are unlikely to engage in any criminal conduct again, and that the public good does not require you to go to jail. For these reasons, probation is considered a privilege and not a right.

During the probationary period you will be ordered to comply with various terms and conditions of probation. A failure to comply with these terms and conditions may result in your being served with a “show cause.” You will usually receive this document in the mail. The purpose of this document is to notify you that you are being charged with an alleged violation of probation. This document also directs you to appear in court and “show cause” as to why you should not be held in contempt of court for violating your probation.

The first step in a violation of probation case is the arraignment. At this arraignment you will learn of the specific allegations against you and you will be asked to either plead guilty or not guilty to the violation. If you do not plead guilty then the matter will be set for a hearing. This hearing is usually set for a different date. At this show cause hearing the prosecutor will be required to call witnesses to establish that you failed to comply with at least one term of probation.

Oakland County Jail’s Virtual Work Release Program

Published on: April 11, 2018 | by Patrick Barone

Oakland County Jail’s Virtual Work Release Program

Beginning in early February 2010, “virtual” work release is available for some offenders. After the new program starts, the traditional work release program will be eliminated. This significant change has the potential to impact criminal law sentence negotiation and overall sentencing practices throughout Oakland County.

Virtual work release will consist of an ankle tether using a satellite and radio global positioning system (GPS) monitored by the Oakland County Sheriff. It will give the Sheriff’s Office the ability to carefully track an inmate’s location twenty-four hours a day, seven days a week. The radio technology will even allow a defendant to be tracked inside a home or workplace.

The eligibility for the new program has not changed. Accordingly, a judge must authorize participation prior to enrollment in the virtual work release program and offenders sentenced on any CSC charge are not eligible. Also, there may be no outstanding warrants, holds, or unpaid bonds.

What’s the Difference Between a Violation of Probation and a Technical Violation of Probation?

Published on: January 25, 2018 | by Patrick Barone

What’s the Difference Between a Violation of Probation and a Technical Violation of Probation?

Generally speaking, a violation of probation means that while on an order of probation you have done something the court ordered you not to do or failed to do something the court affirmatively ordered you to do. A technical violation specifically means a violation of the terms of probation, and punishment for a technical violation is limited to 30 days in jail.

In Michigan, if you are on probation this means you have been convicted of a crime. There are some differences between misdemeanor probation and felony probation, and this article primarily addresses felony probation.

Michigan Compiled Laws § 771.4 provides that “it is the intent of the legislature that the granting of probation is a matter of grace conferring no vested right to its continuance. If during the probation period the sentencing court determines that the probationer is likely again to engage in an offensive or criminal course of conduct or that the public good requires revocation of probation, the court may revoke probation.”

When May I Lawfully Transport a Pistol in My Car?

Published on: September 12, 2017 | by Patrick Barone

When May I Lawfully Transport a Pistol in My Car?
If you own any kind of firearm in Michigan, chances are good that at some point you will want to transport that weapon using a motor vehicle. Doing this responsibly requires some knowledge of the law, and if you are uncertain how the law applies to your situation, then you may consider contacting one of the Michigan Gun Crimes Lawyers at the Barone Defense Firm.

As a general principle, any time you have a firearm in a motor vehicle, that weapon is considered concealed. This is true whether the firearm is open and obvious inside the vehicle or not. Carrying a concealed weapon is a five-year felony in Michigan. There is no such thing as “open carry” inside a car. A violation of this law is a five-year felony. See Michigan Compiled Laws Sec. 750.227. Persons with a valid Concealed Pistol License (CPL) are exempt from this law.

If you have a CPL, then you may carry a loaded pistol inside the passenger compartment of a motor vehicle anytime you like. However, if you do not have a CPL a whole different set of rules applies, and it is important for you as a gun owner to understand these rules. Otherwise, you might inadvertently find yourself charged with serious felony.

Role of Defense Lawyers in the Mitigation of Collateral Consequences

Published on: February 13, 2017 | by Patrick Barone

Role of Defense Lawyers in the Mitigation of Collateral Consequences

Collateral consequences are the loss of rights a person suffers after being convicted of a crime. They have previously been described as having the potential to cause “civil death.” Such consequences are different from the punishments that might be imposed by a judge as part of a criminal case. This is because collateral consequences are not found in criminal statutes. Instead, they often arise out of the myriad civil statutes or civil consequences that are triggered by the criminal conviction. This means that most collateral consequences require no judge to impose them, and they afford no opportunity for due process.

Most crimes are punishable by a statutorily allowed maximum period of prison or jail time. For example, a standard, first offense drunk driving in Michigan, carries with it the possibility of up to 93 days in jail. However, for cases involving a test result of .17 or above, the maximum penalty increases to 180 days. In a drunk driving causing death, charged as second-degree murder, is punishable by life in the state prison, or any term of years. These specific statutory maximums are significant because a criminal lawyer advising her client about a conviction can usually predict, at least within a range, the actual time a client will spend behind bars. The same is most certainly not true of collateral consequences.

A case addressing this is United States v. Nesbeth, 188 F.Supp.3d 179 (2016). Nesbeth was convicted of importation of cocaine and possession of cocaine with intent to distribute. The advisory guidelines would have allowed a sentence of between 33 and 41 years in prison, but because of the significant collateral consequences, the judge saw fit to give him no jail at all, meaning straight probation. The opinion explaining why should be required reading for all criminal defense attorneys.

Health Professionals Must Self-Report Criminal Convictions to Michigan Department of Licensing and Regulatory Affairs

Published on: September 14, 2016 | by Patrick Barone

Criminal defense lawyers who represent Michigan’s health care professionals, including doctors, dentists and nurses, are often unaware that their clients have a duty to self-report a criminal conviction to the Michigan Department of Licensing and Regulatory Affairs (LARA). According to Aaron J. Kemp of the Chapman Law Group “the resulting economic and professional consequences from a failure to self-report such a criminal conviction can be devastating.”

In his white paper entitled “Criminal Conviction Self-Reporting for Michigan Licensed Health Care Professionals,” doctors, dentists, nurses and all other licensed health care professionals must report their criminal convictions within 30 days of the date of the conviction. A failure to report a criminal conviction can have serious consequences, including reprimand, denial of licensure, limitation, probation, or fine. The fine can be anywhere from $250.00 – $5,000.00.

In a criminal case a conviction usually occurs when either a person accused of a crime pleads guilty or is found guilty by a judge or jury at trial. This is the conviction date even if sentencing takes place days, weeks or months later; the clock starts ticking as soon as the court acknowledges the conviction in a written order or judgement.