OWI Category Archives — Page 3 of 15 — Michigan Criminal Defense Lawyer Blog Published by Michigan Criminal Defense Attorney

What Happens in Court When I Plead Guilty?

Published on: March 27, 2022 | by Patrick Barone

Now that you understand the plea bargaining process in Michigan and how to prepare for court when pleading guilty, let’s now consider exactly what happens in court when you plead guilty. During the plea taking process the court will be concerned with two things. First that you understand the constitutional rights that you are giving up by pleading guilty, and second, that you are freely, knowingly and understandingly admitting to and acknowledging that you have committed the crime to which you are pleading guilty.

To confirm that you are fully aware that by pleading guilty you are giving up all your constitutional rights associated with trial, the judge will ask you a series of questions almost all of which are answered by the single word “yes”. So, for example, the judge will ask you if you understand that you have an absolute right to trial, to which of course your answer is “yes.” The judge will ask you if you understand that pleading guilty you are giving up your right to remain silent, to which again, the answer is “yes.” There are sometimes a few “no” questions as well, such as “have any promises been made other than those stated on the record, to get you to plead guilty.” The answer to the question so certainty be “no.” Another no question might be “have there been any threats, compulsion or duress used to get you to plead guilty.” Again, the answer should definitely be no. Once the court is satisfied that you are freely knowingly and understandingly giving up or waiving all your constitutional trial rights, and that no promises or threats have been made to induce the plea, then the court will move on to a establishing the factual basis for plea.

What Is a Factual Basis for a Plea?

Plea Bargaining in a Michigan Criminal Case

Published on: March 26, 2022 | by Patrick Barone

Michigan Criminal Defense Lawyer Explains Plea Bargaining

Attorney Patrick Barone of Barone Defense Firm is a criminal defense law firm near me that represents clients accused of sex crimes, whereby if convicted, they would probably have to add their name to Michigan's se offender registry (SORA). If you are facing criminal charges, the criminal justice system seem overwhelming. It doesn’t matter if you’re facing drunk driving, drug charges, sex crimes or white collar crimes in the State of Michigan, the same system of felony criminal procedures apply.

Many Michigan DUI charges and other criminal cases like sexual assaults, child pornography and drug crimes, are resolved through a process called plea bargaining. A plea bargain is what happens after your attorney discusses your case with the prosecutor and explains why it is appropriate to amend or reduce the charges you are facing with the court. Sometimes the reduction in charges to a lower criminal offense will lessen the impact on your drivers license and possibly jail time as well.

Preparing for Court When Pleading Guilty

Published on: March 25, 2022 | by Patrick Barone

Most of the time if you are pleading guilty it is because your lawyer has successfully engaged in plea bargaining with the prosecutor. Consequently, preparation for court when pleading guilty really begins to take place almost as soon as you first hire your lawyer. Therefore, the total preparation will take place over several weeks or months, and sometimes even years before you are set to appear in court. At a minimum the following things should have occurred before you plead guilty.

You’ve reviewed all the discovery with your attorney.
You’ve discussed possible defenses with your attorney.

What is a Probable Cause Conference in Michigan?

Published on: March 14, 2022 | by Patrick Barone

A probable cause conference is a court hearing that precedes the preliminary examination. Both hearings are part of what are more broadly referred to as your due process rights. Your attendance at a probable cause conference is mandatory. Both you and your attorney will usually receive the initial date for your probable cause conference at the arraignment.

The probable cause conference is governed by Michigan Compiled Laws § 766.4 and Michigan Court Rule 6.108. The probable cause conference must be held not less than 7 days or more than 14 days after the date of the arraignment. The probable cause conference will take place at the district court having jurisdiction over the matter. However, district court jurisdiction is limited relative to felony cases in that district court judges do not have the authority to sentence a felony offender and do not have the authority to preside over trial on a felony matter.

Generally, the purpose of a probable cause conference is to determine if the case can be resolved without going any further or if a preliminary examination is necessary before the case can proceed toward trial at the circuit court.

Early Discharge on Probation for an Operating While Intoxicated in Michigan

Published on: March 8, 2022 | by Michael Boyle

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Early Discharge on OWI Probation in Michigan

The Michigan DUI Lawyers at the Barone Defense Firm have be advising our clients in Oakland County and throughout the State of Michigan, that if you are convicted of operating while intoxicated (OWI) then you should expect to be placed on a term of probation.

While on probation, you will have a variety of conditions of probation and these will be based in part on whatever “rehabilitative goals” are set by the Judge.

Proximate Causation in a Michigan Drunk Driving Causing Death Case

Published on: March 7, 2022 | by Patrick Barone

Michigan Drunk Driving Lawyer Explains Proximate Causation

Michigan DUI lawyer Patrick Barone knows Michigan DUI law and how to beat a DUI. Patrick Barone, considered by many to be among the best DUI lawyers in Michigan, has indicated that a drunk driving causing death case is one of the most difficult kinds of criminal law cases to defend. The concept of proximate causation is one of the reasons these cases are so difficult and complicated.

What is Proximate Cause?

Michael Boyle Explains How He Will Help You Decide if Trial is Your Best Option

Published on: January 29, 2022 | by Barone Defense Firm

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.

Michigan Drunk Driving Case Dismissed After Anonymous 911 Call Ruled Insufficient to Support Traffic Stop

Published on: January 28, 2022 | by Patrick Barone

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.

OWI Meaning: Are DUI Michigan & OWI Michigan the Same?

Published on: January 6, 2022 | by Patrick Barone

What’s the Difference Between DUI and OWI? In Michigan the most appropriate legal acronym is “OWI.” This stands for a drunk driving cases of operating while intoxicated when a law enforcement officer arrests a person in Michigan for being a drunk driver. Cases can be made with or without an official chemical testing result, for drugs or alcohol.

But “DUI” is still used as a more general reference to drunk driving, due to this ubiquitous abbreviation being the best-known and most widely used acronym in the United States. At Barone Defense Firm (BDF), within our law office, our Michigan criminal attorneys use either acronym interchangeably. The meaning of a DUI conviction is the same meaning as an OWI conviction.

Police officers make arrests, and our DUI attorneys defend these accused Michiganders. Intoxicated driving cases are a major legal practice area for Michigan criminal defense lawyers in our state. Even a first time DUI-OWI criminal charge threatens the driving privileges of the person charged with a crime of drunken driving or drugged driving.

Penalties Michigan’s Super Drunk High BAC .17%

Published on: January 1, 2022 | by Patrick Barone

Michigan’s Super Drunk Driving Law went into effect on October 31, 2010. It created enhanced punitive and driver license sanctions for Michigan drunk drivers with a Bodily Alcohol Content (BAC) of .17 gerams % or above. It only applies to first offense drunk driving as penalties and driver license sanctions for second or subsequent offenses remain unchanged and more punitive than for super drunk driving. This is true even for repeat offenders with BACs at or above .17 grams %.

What Are the Penalties for High BAC Super Drunk Driving in Michigan?

Michigan drivers found or pleading guilty to a High BAC super drunk driving face an array of serious punishments and consequences, including potentially more time in jail and less time on the road.