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In a criminal case, after your arrest but before your conviction or acquittal, you will be on bond. There are several discretionary terms and conditions of pretrial release, and these will be determined during your first court appearance the arraignment. A show cause is what happens when someone does something on bond contrary to what’s been ordered.

The most common allegations of a bond violation that we see at the Barone Defense Firm related to alcohol and drug testing. Often, a client will miss a drug or alcohol test, which is the most common alleged bond violation, followed by a positive drug or alcohol test.

Bond Violations are Considered Contempt of Court

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House Bill 5767 was introduced by Michigan Representative David LaGrand on February 17, 2022. A House Bill does not equate to a law that must be followed, at least not yet. The fact that this Bill was crafted is a clear indication that efforts are being made and will likely continue to be made until it does become law.

The motivation in House 5767 is a ripped from the Headlines of Michigan Politics due to the allegations of Criminal Sexual Conduct of the Michigan House Speaker.  The Representative from Grand Rapids submits that there is hole that needs to be filled in Michigan Criminal Procedure and admissibility of certain evidence, specifically Grooming.

What is Grooming?

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Barone Defense Firm Partner Michael Boyle recently obtained a great result for a client charged with several gun and assault crimes. But that wasn’t the end of the story. It was only the beginning.

A Judge told my client he’s lucky. Is he right?

Imagine you are charged with a combination of three felony gun and assault crimes. Next imagine that if you’re convicted of these crimes, you’re facing a possible total sentence of 8 years in prison. And on top of that, you could also end up having to pay several thousand dollars in fines and costs. Now, imagine that after facing all that, you end up with two misdemeanors, no jail time and a small fine. Sound good? The Judge presiding over the case thought so. He told our client he was “lucky” to have gotten such a great deal. But was it luck, or was it the result of hard work and good lawyering?

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Being charged with a crime is most certainly one of the most traumatic events you can experience, and then attempting to retain the right attorney or law firm might also feel like a daunting task. The Criminal Defense Trial Attorneys at the Barone Defense Firm understand that difficulty and that trauma, therefore we want to address some important factors in hiring the right trial attorney for your case.

Trial is an Endangered Species

The National Association of Criminal Defense Lawyers (NACDL) recently published a report that 3% of all criminal cases in State and Federal Court are resolved through Trial compared to 20% of cases from 30 years ago. A related article lists that some of the reasons for this decrease include fear of what is known as a trial penalty or trial tax, meaning a worse sentence after a loss at trial. This is balanced against the fact that a lesser sentence can be arranged as part of a plea agreements. Certainly, another reason is the lack of ability or lack of experience of the trial attorney themselves.  The very fact fewer cases reach trial every year is reason enough to seek an attorney that does not have significant trial experience, and who will not be afraid to go to trial.

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Michigan drivers are sometimes stopped under suspicion of intoxicated driving after a concerned citizen calls 911. The validity of these traffic stops are highly fact-specific, and depending on exactly what is reported to 911, the stop may or may not be sufficient to support a DUI conviction.

One case in Michigan where the DUI traffic stop was deemed to be invalid, and the drunk driving case dismissed, is People v. Pagano, 507 Mich. 26, 967 N.W.2d 590 (2021). In this intoxicated driving case the Michigan Supreme Court specifically found that the traffic stop based only on the 911 was insufficient to establish a reasonable suspicion that the driver was drunk. Because the stop was therefore legally invalid, the Court had no other choice but to dismiss the case outright.

In Pagano, the 911 caller reported that they had observed a woman driving while yelling at her kids and generally behaving in an obnoxious manner. While the caller indicated that they believed the driver was intoxicated, no other information was provided in support of this contention. However, the caller did provide much identifying information relative to the car being driven, including the license plate number, the make model and color of the car, and the direction the vehicle was traveling.

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The Calhoun County Prosecutor has confirmed that he will not be seeking criminal charges after a security guard shot and killed an individual involved in a bar fight. In this case, on Thanksgiving, the guard was providing security at a bar that was extremely overcrowded. A brawl broke out on the second floor, and as he attempted to intercede, the guard was punched, kicked, and pushed to the ground by multiple people. While attempting to get up after being assaulted he was jumped on by the man who was ultimately shot.  The security guard pulled his firearm, aimed, pulled the trigger, and discharged his weapon at the attacker, who was taken to the hospital and eventually died.

The security guard was subsequently taken into custody and charges were sought.  After two months of investigating the facts of this case,  the prosecutor made the determination that no criminal charges would be authorized. He based this decision the facts learned during his investigation as applied to Michigan’s Stand Your Ground laws. Specifically, the prosecutor said “because of Michigan’s ‘stand-your-ground’ law, the security guard cannot be charged unless it can be proven he was not acting in self-defense.” (The difficulty of reading this quote demonstrates why two negatives should not be placed in the same sentence!)

The Michigan Gun Crimes Lawyers at the Barone Defense Firm commend the prosecutor for his decision, but many prosecutor’s do not have such courage. We represent and defend the rights of citizens charged and investigated for crimes involving self-defense and legal use of firearms, so we understand why the prosecutor’s decision was difficult and don’t envy him for having to make it. This is a very complex and sensitive legal topic that has significant legal, political, and public ramifications. This case highlights all of this, and invites a discussion of Michigan’s self-defense laws.

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CP-certification-300x229The Barone Defense Firm is pleased to announce that founding member Patrick T. Barone has become the first Michigan lawyer to obtain certification as a Trainer, Educator and Practitioner (TEP) of Psychodrama.

Having completed the long journey toward CP and TEP certification, Barone recounts the questions he is most frequently asked, which are first and foremost is “what is psychodrama” and a close second; “what does psychodrama have to do with the practice of law?”

Barone asked himself the same questions when he first attended the Trial Lawyer’s College, the story of which is partially recounted in the 2016 Super Lawyer’s article entitled “Walking in Their Shoes, How Barone Defense Firm uses psychodrama to help clients cope with traumatic events.”

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Love is Blind. Justice is Blind. But here is what we SEE in Divorce and the Criminal Justice System.

The Criminal Defense Attorneys near me at the Barone Defense Firm focus their practice on specific and complex criminal defense cases, like those involving allegations of criminal sexual activity and abuse. These criminal sexual conduct (CSC) and child abuse cases are handled in the District and Circuit Criminal Courts when charged by the State or County Prosecutor, and in the Family or Juvenile Court when authorized by Department of Health and Human Services (DHHS) often referred to as Child Protective Services (CPS). The may also often have a federal component, especially when allegations involve allegations of possession, receipt or production of child pornography.  We have found that such allegations arise out of or are raised in the backdrop of divorce. The allegations of criminal sexual conduct and child abuse often come immediately preceding, during, or soon after divorce papers are filed, and therefore, the divorce is the common denominator.

According to the statistics in the 2018 State of Michigan’s Department of Community Health Report there were 56,374 marriages, and possibly not surprisingly, 28,186 divorces. This number may be surprising to the romantic, and validating to the cynic, but all can reasonably agree that there are significant emotions involved when a marriage is ending.  These emotions, when coupled with children being involved, can lead to allegations for legal leverage and quite frankly to hurt the other party. Motivated by money, or custody, or fear, or anger, allegations of criminal sexual conduct or child abuse put the accused in a very difficult position emotionally and legally.

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In cases involving allegations of child abuse or physical or sexual assault against a minor will involve a process known as a Forensic Interview.  In some cases, a law enforcement officer or investigator will be trained in this method but in the majority of cases the minor will be brought to a specific facility, clinic or center to be interviewed by a trained professional.  The goal is to obtain a truthful statement from the child that will lead to fair decision making in the criminal justice system.  Michigan, like many other states, have outlined the process and procedures for a proper and ideally reliable forensic interview.  One such piece of published material is in Department of Health and Human Services (DHS) – PUB 0779 and is a great tool for attorneys to study, learn, and use during cross-examination, if necessary.

The Forensic Interview is Specifically Designed to Follow a Process Known as Phases.

The Phases include:

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If you have been falsely charged with a sex offense, then it is helpful to understand the role of law enforcement. The same is true of the prosecuting attorney and criminal defense lawyer.

All sexual offenses operate with the same laws and rules. This is true for any degree of criminal sexual conduct. It is also to whether you are facing false accusations or the allegations are true.

A prosecutor must use evidence that is deemed admissible by the Judge. Your sex offender criminal defense lawyer has an absolute right to see all evidence before the case proceeds to trial. Part of the defense strategy will be to keep the jury from seeing the evidence.

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Contact Information
280 N Old Woodward Ave #200
Birmingham, MI 48009
Phone: 248-306-9158
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Troy, MI 48084
Phone: 248-306-9158
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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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