Michigan Criminal Defense Law Blog

What to Expect in the 52-3 District Court in Rochester Michigan

Published on: May 24, 2019 | by Patrick Barone

If you’ve been arrested for drunk driving, or any other crime in the cities of Rochester and Rochester Hills, then your case will take place in the 52-3 District Court in Rochester Michigan. The Rochester District Court also serves the communities of Auburn Hills, Lake Angelus, Lake Orion, Addison Township, Orion Township, Oakland Township, and Oxford Township. The court is located at 700 Barclay Circle, Rochester Hills, MI 48307 and can be reached via telephone at (248) 853-5553.

Process of Arraignment

The judges in the 52-3 District Court in Rochester Michigan require that all felony cases, drunk driving cases and most misdemeanor cases begin with a “walk-in” arraignment that usually takes place before a magistrate. This means that no specific date will be set and you and your attorney can walk into the court on a date and time that is convenient for you. At the arraignment, the magistrate will tell you exactly what your charged with and you will be asked to enter a plea. Because of this it is a good idea for you to find and hire a lawyer before your walk-in arraignment.

What to Expect in the 52-1 District Court Novi Michigan

Published on: May 24, 2019 | by Patrick Barone

What to Expect in the 52-1 District Court Novi Michigan

52-1 District Court in Novi Michigan has jurisdiction over many kinds of criminal cases, including drunk driving. The three judges at the Novi Court preside over a very large geographical area with a corresponding large population of approximately 175,000 people. If you were arrested for a serious felony or a misdemeanor such as domestic violence or drug possession, or if you were just given a ticket for something like drunk driving, in any of the following communities, then your case will be handled in the Novi District Court:

Commerce Township
Highland Township
Lyon Township
Milford Township
Novi
Novi Township
South Lyon
Village of Milford
Village of Wolverine Lake
Walled Lake
Wixom

First Appearance in Court

Generally, your first appearance in the court will be an arraignment most likely along with a pretrial. The purpose of an arraignment is for you to learn of the charges against you and for the court to schedule your bond. Because of this, it’s important to hire a legal advocate before your first court date. Relative to the bond, in many instances you will be given a “personal” bond, which means you don’t have to post any money. Instead, you are giving your word that you will appear as required for all future court appearances. You will also be ordered to comply with several bond conditions such as alcohol testing and you will not be allowed to leave the state without permission of the court.

Process of a Pretrial

The purpose of the pretrial is for the court to determine if any assistance is needed in obtaining discovery on your case including things like the police reports, breath or blood testing logs and video recordings. The court will also be interested to learn whether or not there are any issues of evidence that the court needs to address or assist with before the case can be set for trial. Finally, there will be a discussion as to whether or not your case can be resolved through plea or sentencing negotiations. You will appear with your legal advocate for all scheduled pretrials.

What to Expect in the 48th District Court Bloomfield Hills Michigan

Published on: May 24, 2019 | by Patrick Barone

What to Expect in the 48th District Court Bloomfield Hills Michigan

If you were arrested for a misdemeanor or felony, including drunk driving, within the cities of Birmingham, Bloomfield Hills, Keego Harbor, Sylvan Lake, Orchard Lake and the Townships of Bloomfield and West Bloomfield, then your case will be handled in the 48^th Judicial District Court, located in Bloomfield Hills Michigan.

Arraignment Procedures

Your case will begin with an arraignment. This is the first court hearing where you will learn the exact nature of your charges and when the conditions of your bond are set. You should plan on hiring an attorney before your arraignment so that you can get the best possible bond.

After you are arraignment your case will be set for a pretrial. It is possible for your case to be resolved at the first pretrial, but in most instances, several pretrials are necessary before your case reaches a conclusion. A pretrial hearing is where your lawyer, the prosecuting attorney, and the judge, determine whether your case can be resolved without a trial. This is also when pretrial issues, such as legal defenses and evidentiary issues, would be resolved. The reason a pretrial is called a “pre”-trial is because these things need to be addressed by the various parties before the case can continue to trial. A pretrial is also where plea bargaining and sentence bargaining, if applicable, would be addressed.

What to Expect in the 52-4 District Court Troy Michigan

Published on: May 20, 2019 | by Patrick Barone

What to Expect in the 52-4 District Court Troy Michigan

If you were arrested for any kind of crime in either Troy or Clawson, including drunk driving, then your case will be handled in the 52-4 Judicial District Court, located in Troy Michigan, on Big Beaver Road, near the I-75 overpass.

For most misdemeanor cases, your Troy District Court case will begin with a court hearing called arraignment pretrial. Generally these two hearings will be combined, though in some cases a separate arraignment will be necessary. You should plan to hire a lawyer before your first court appearance, and he or she will explain to you if a separate arraignment will be necessary.

The general purpose of a pretrial hearing is to determine whether your case requires a trial. This decision cannot be reached until discovery is complete. Discovery is the term used to refer to the process where your attorney will obtain all the police reports and other supporting documents held by the prosecutor as evidence against you. Discovery will also include any video recordings that may exist. Your lawyer should also review all the documents and things necessary for the prosecutor to prove that your chemical test, such as the breath or blood test, is scientifically accurate and reliable.

Commission Recommends No Legal Limit for Marijuana in Michigan

Published on: April 3, 2019 | by Patrick Barone

Commission Recommends No Legal Limit for Marijuana in Michigan

The Impaired Driving Safety Commission (IDSC) has recently recommended that Michigan lawmakers take no action toward the creation of a legal limit for marijuana. In summary, the Commission believes that the science does not support a one size fits all legal limit threshold for drivers who have used marijuana.

The IDSC was established in 2017 by Michigan Compiled Laws sec. 28.793. According to subsection 2 of this law:

(2) The commission shall research and recommend a scientifically supported threshold of THC bodily content to provide evidence for per se impaired driving in this state. The commission shall exist until it submits the final report.

Can a Michigan CPL Holder Concealed Carry on a Boat?

Published on: April 3, 2019 | by Patrick Barone

Can a Michigan CPL Holder Concealed Carry on a Boat?

Michigan is often referred to as the “Great Lakes State.” Four of the five Great Lakes share borders with Canada, and when combined, all five of the Great Lakes share borders with seven other states, including Illinois, Indiana, Minnesota, Ohio, Pennsylvania, Wisconsin and New York. Then there is Lake St. Clair and the Detroit River, both of which also share borders with Canada. Consequently, boats in Michigan have the potential of originating their travels in a lake or river governed by State waters then crossing over into waters governed by a different state, or even crossing over into international waters. Unlike vehicles on land, these boundaries between states and countries are not always readily discernable. These facts combined with other unique qualities applicable to boating generally mean that there is no definitive answer to the “guns in boats” question that will apply in all situations.

Another complicating factor is that there is no law in Michigan that specifically addresses this issue. While MCL § 28.425c does provide that a person with a CPL may carry concealed anywhere in the state (unless otherwise prohibited) including inside a vehicle, the term vehicle as used here probably does not include powerboats and other kinds of vessels, such as sailboats. However, this also is not 100% clear on its face.

There are also various laws applicable to boating and guns that appear to apply only in very specific scenarios, such as MCL §324.40111(2) which is applicable to boats used while hunting. This sub-section provides that “[E]xcept as otherwise provided in this part or in a department order authorized under section 40107, a person shall not transport or have in possession a firearm in or upon a vehicle, unless the firearm is unloaded … in a motorized boat.” Arguably this law, and others like it, are designed to stop poaching, and don’t otherwise apply to recreational boating.

Former RICO Prosecutor Offers Insider Tips for Avoiding Opioid and Prescription Fraud Investigations

Published on: March 15, 2019 | by Patrick Barone

Former RICO Prosecutor Offers Insider Tips for Avoiding Opioid and Prescription Fraud Investigations
The Barone Defense Firm is pleased to announce that Patrick Barone and Keith Corbett will be co-presenting to the Oakland County Bar Association’s Medical Legal Committee on April 4, 2019. Their presentation will offer attendees an insider view of the federal government’s tactics, objectives and methods of conducting an opioid fraud investigation. They will also offer tips for avoiding governmental scrutiny as well as what to do when contacted by the government.

Mr. Corbett will take the lead role in this presentation. He is an entertaining and informative speaker and will draw upon the wealth of knowledge and experience gained over the three decades he spent under the employ of the Department of Justice (DOJ), the institution charged with the investigating and prosecuting Medicare fraud. As Chief of the Organized Crime Strike Force for the United States Attorney’s Office, Mr. Corbett gained invaluable insight into what happens “behind the curtain” of the government’s opioid investigations. He will use this knowledge to provide seminar attendees with insider tips for avoiding the scrutiny of the Federal Government and offer advice for how to handle the threat of prosecution when such scrutiny becomes unavoidable.

This topic is currently of great concern to all health care professionals and the attorneys representing them due to the increasing federal pressure to investigate and hold responsible all health care professionals who engage in prescription fraud, with a special emphasis on cases involving opioids. For example, the Department of Health and Human Services announced late last year that they would spearhead a much more aggressive stance on prescription fraud, with a focus on stemming the opioid crisis in America. These increased efforts included the dispatch of 300 new prosecutors whose efforts will be supervised by an Opioid Coordinator in each Department office. The number of prosecutions and excluded providers is expected to increase in 2019.

When is a Doctor’s Referral Fee a Crime?

Published on: March 1, 2019 | by Barone Defense Firm

When is a Doctor’s Referral Fee a Crime?
It is unlawful for a doctor to receive any kind of payment or thing of value when the underlying services are payable by a Federal Health Care Program, including Medicare and Medicaid. Services may include medical services, drugs or supplies. The thing of value can include money, restaurant meals, event tickets, hotel rooms etc. Less obvious might be additional and/or excessive compensation for a particular job, such as a consultancy. In legal terms such compensation is called a “remuneration.”

Based on the Anti-Kickback Statute, found at 42 U.S.C. § 1320a-7b(b) it is a crime to either pay or receive such remuneration. The law indicates as follows:

(b) Illegal remunerations

Restoration of Firearms Rights in Michigan After Felony Conviction

Published on: February 14, 2019 | by Patrick Barone

Restoration of Firearms Rights in Michigan After Felony Conviction

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.

Slow Driving, Glazed Dilated Eyes and Odor Sufficient to Prove Marijuana Impairment

Published on: February 13, 2019 | by Patrick Barone

Slow Driving, Glazed Dilated Eyes and Odor Sufficient to Prove Marijuana Impairment

Michigan’s recreational and medical marijuana laws continue to be amended, modified and refined. These changes have helped to clarify many aspects of these laws, but when it comes to driving, a big unanswered question remains; how do the police and prosecutor prove impairment from Marijuana? There is no legal limit for marijuana, and many question the efficacy of field sobriety tests in reliably predicting intoxication.

At present, regarding this issue, Michigan’s recreational marijuana law, known formally as the Marihuana Cultivation and Taxation Act, indicates in sec. 4 only that Michigan law does not permit:

a) operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat while under the influence of marihuana; and b) consuming marihuana while operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat, or smoking marihuana within the passenger area of a vehicle upon a public way.