Felony Offenses

Covid 19 Makes Resisting and Obstructing in Michigan DUI Cases More Likely

Published on: May 12, 2020 | by Patrick Barone

With the advent of the novel covid 19 virus many officers who arrest suspected Michigan DUI drivers are now worried about the contamination risks associated with a breath test. Obtaining a breath sample places an officer directly at risk for exposure because the officer must do all of the following:

Be very near to a DUI suspect as they exhale into the breathalyzer.
Look directly into and inspect a DUI suspect’s mouth prior to the blow.

Restoration of Firearms Rights in Michigan After Felony Conviction

Published on: February 14, 2019 | by Patrick Barone

Michigan law provides that if you have been convicted of a felony you may not use, possess transport, sell or carry a firearm for a period of either three or five years. After this period has elapsed limited firearms rights under state law will either be returned to you automatically, or you will be required to affirmatively seek to restore such rights by petitioning a judge. It is important for you to understand that any restoration granted applies only to your eligibility under Michigan law. Although pursuant to Michigan law you may lawfully use, possess, transport and sell a firearm, you may still be prohibited from same under Federal law. This means that:

After restoration of your rights, the only firearms you can possess or use are certain types of firearms that do not take a modern cartridge, i.e., a pellet rifle, muzzle-loader, or black powder gun.

Knowing these limitations, if you are still interested in a restoration of your firearms rights, then you should also know that the specific felon in possession statute appears in the Firearms chapter of the Michigan Penal Code, and is found at Michigan Compiled Laws § 750.224f. This law defines the term “felony” as being a conviction for a crime that is punishable by imprisonment for four years or more. Some felonies are punishable by maximum terms of less than four years, and if you were convicted of such a crime, then this law will not prohibit you under this statute.

Understanding a Probation Violation Case

Published on: August 3, 2018 | by Patrick Barone

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.

Criminal Consequences of Statue Vandalism in Michigan

Published on: March 31, 2018 | by Patrick Barone

Many people view vandalism as a youthful indiscretion. The Sparty statue on the grounds of Michigan State University is the target of vandalism nearly every year during rivalry week. And in 2015, so was the Magic Johnson statue on the school’s grounds.

But while these may seem like harmless pranks by the college kids involved, Michigan has also seen its fair share of hate vandalism. One example is when someone painted offensive, derogatory remarks on a statue outside of Muskegon High School.

And this type of vandalism, along with the seemingly harmless pranks, can have offenders facing fairly serious consequences under Michigan’s willful and malicious destruction of property laws.

Can my Spouse Keep Their Guns If I’m on Felony Probation?

Published on: February 22, 2018 | by Patrick Barone

Probably not. If you’ve been convicted of a felony in Michigan, then your gun rights will be suspended for three to five years, depending on the type of felony. The suspension time periods start when you’re done with your felony probation and it is also likely that the sentencing Judge addressed this issue at the time you were sentenced and made the non-possession of firearms an explicit condition of probation. For a more detailed explanation, let’s look at what the law provides.

The law that covers this issue is found at Michigan Compiled Laws § 750.224f, which provides as follows:

A person convicted of a felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state until the expiration of 3 years after all the following circumstances exist: (a) The person has paid all fines imposed for the violation. (b) The person has served all terms of imprisonment imposed for the violation. (c) The person has successfully completed all conditions of probation or parole imposed for the violation.

Drug Dealers in Michigan could be Held Criminally and Civilly Liable

Published on: January 3, 2018 | by Patrick Barone

Under federal law, all states can charge a drug dealer with causing the death of a person if the person they sold the drugs to experiences an overdose and dies as a result. But whether the individual states enforce that law and what drugs are eligible for laying charges really lies with the district attorney in any one state. In Michigan, law enforcement and the state’s prosecution does not hesitate to invoke the law, meaning that drug dealers there could face severe punishment in the case of overdoses.

Cases in Michigan become prevalent even before the fentanyl crisis that is now hitting the country reached its peak. During the years of 2010 to 2013, there were 75 convictions in Michigan that sent drug dealers to prison after their drugs caused an overdose resulting in death or serious injury.

And while some Michigan counties, such as Wayne County in Detroit, still have not filed one drug-related homicide charge, it does not mean it could not happen. As the opioid crisis continues, these are areas that could begin to see more charges being filed and more prison time being served.

Habitual Time Limits No Longer Apply to Repeat Felony Offenders

Published on: September 30, 2016 | by Patrick Barone

If you are charged with a felony in Michigan, and have another felony conviction anywhere in the country, then the state will file a habitual notice to seek an enhanced sentence. In other words, if you have a prior felony conviction then the state will attempt to have that used against you at sentencing.

Basically, the way it works is this; felony cases in Michigan start at the district court. After the preliminary hearing is either held or waived, the case is sent to or “bound over” to the circuit court. The first thing that happens at the circuit court is the arraignment. If you have another felony conviction, then at the circuit court arraignment your attorney will be provided with a habitual notice. The purpose of the notice is to let you know that the maximum sentence on your charge will be raised depending on the number of your prior felony convictions. You can be a habitual second or third and so forth, all the way up to fourth. No matter how many priors you have, the habitual can only go up to fourth.

Each time your habitual goes up, the underlying maximum sentence goes up with it. So, for a second habitual offense the maximum sentence is raised to one and half times the underlying maximum. Here’s how it works; let’s say you are charged with a five-year felony, like a drunk driving third offense. If you have a prior felony, then the maximum possible sentence is not five years but seven and a half years.