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Criminal Penalties

Michigan’s Stand Your Ground Law of Self Defense

Sep 20th, 2018 PBarone

In Michigan, you may use deadly force, with no duty to retreat, if you have an honest and reasonable belief that such force is necessary to prevent the imminent death, great bodily harm or sexual assault to yourself or to another individual....

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Keeping Drug Possession Charges Off the Record

Aug 9th, 2018 PBarone

Having drug charges on your criminal record can be a life-changing experience.  Such charges can impact your job, your income, and your future.  However, depending on the circumstances, your attorney may be able to help you keep your drug charges off your...

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What is Constructive Possession of Guns or Drugs?

Aug 10th, 2018 PBarone

Constructive possession is a legal fiction that allows you to be charged with a serious crime even when the guns or drugs are not found on you. Usually this will happen when you are the driver or passenger of a car where...

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Understanding a Probation Violation Case

Aug 3rd, 2018 PBarone

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...

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Common Police Officer Tests/Requests in DUI/OWI Arrests

Jul 19th, 2018 PBarone

Most people arrested for drunk driving in Michigan first encounter the police as part of a traffic stop.  The traffic stop might be for something unrelated, such as speeding, or it might be because of something more commonly associated with intoxicated driving,...

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Oakland County Jail’s Virtual Work Release Program

Apr 11th, 2018 PBarone

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...

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

Jan 25th, 2018 PBarone

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...

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Class Action Lawsuit Proceeds Against Mug Shot Websites

Oct 10th, 2017 baronedefenew

Late September, U.S. District Judge Sharon Johnson Coleman in Chicago did not dismiss a novel class action lawsuit alleging that purposefully does not update or amend incorrect records which also gives incentives for those who are arrested to pay excessive fees...

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When May I Lawfully Transport a Pistol in My Car?

Sep 12th, 2017 baronedefenew

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...

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Role of Defense Lawyers in the Mitigation of Collateral Consequences

Feb 13th, 2017 baronedefenew

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...

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