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freedom-1886402_1280-300x170If 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.

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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.

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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.

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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).

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By Patrick Barone, Michigan DUI Lawyer Near Me

Michigan OWI lawyer Patrick Barone explains what DUI BAC is and how this number affects yiur whole drunk driving case.
The legal limit in all states except Utah is 0.08 grams percent. It will take about three to four standard drinks to raise most people’s blood alcohol concentration to 0.08 grams %. But, that number of drinks, if consumed rapidly by chugging them, will push the numbers higher.

However, there are many factors that play into a person’s bodily alcohol concentration (BAC) on at a given time and on a given occasion, and the only way to know your BAC at any given time is to submit to the police breath or blood test. Your Michigan criminal lawyer can explain the pros and cons of submitting to one of these chemical tests.

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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

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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

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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?

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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?

What Is a Question of Law and Who Decides These Questions?

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This page on DUI defense law in Michigan covers OWI charges for both misdemeanors and felonies. Typically, a DUI is not a felony in Michigan. However, regardless of the charge, you should seek help from the top DUI lawyers in the state.

Approximately 95% of all drunk driving convictions in Michigan are misdemeanors. A felony charge occurs on a 3rd lifetime DUI, not the 4th DUI within 10 years as in most other states. Even for a first offense OWI, it’s crucial to limit your search to an exceptionally good DUI lawyer near me.

How serious is driving while intoxicated? Being arrested for a drunk driving offense is an unexpected and often traumatic experience.

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Contact Information
280 N Old Woodward Ave #200
Birmingham, MI 48009
Phone: 248-306-9158
2155 Butterfield Dr #305A
Troy, MI 48084
Phone: 248-306-9158
39 S Main St #20
Clarkston, MI 48346
Phone: 248-306-9158
Federal Eastern District Court for Michigan has courthouses located in Ann Arbor, Flint, Port Huron, and Bay City, whereas the Western District Court has courthouses located also in in Lansing, Kalamazoo and Marquette in Michigan's upper peninsula. View More

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