Experienced Domestic Violence Lawyer

A big key to fighting a domestic violence case is having an experienced domestic violence lawyer. These cases are extremely common and many lawyers handle them, but not many lawyers have won these cases at trial. I have taken many assaultive cases to trial and have gotten Not Guilty verdicts. When I take your case, it means I won’t be afraid to take it to trial, if that’s what would be best for your case. While taking the plea might be an easy thing to do, it’s not always the right thing to do. Every case, including yours, is unique and will get the care and attention it deserves.

Penalties for Domestic Violence in Michigan

Domestic Violence cases are serious charges. Penalties include:

• Up to 93 days in jail for a first offense
• Up to one year in jail for a second offense
• Up to five years in prison for a third offense
• Up to ten years in prison if the domestic case includes Assault with Intent to Do Great Bodily Harm Less than Murder/Strangulation
• Additional years in prison for habitual felony offenses
• Loss of firearm rights
• No-Contact Orders with your own home that can limit your ability to see your children
• Extensive probation including 26 week or 52 week domestic violence classes
• Anger Management
• Burdensome court fines and costs
• Immigration consequences for non-US citizens.

Can You Help Me Keep a Domestic Violence Charge Off My Record?

If it’s your first offense for misdemeanor domestic violence the Prosecutor may offer you a “great deal” that will “keep it off your record.” But there will always be a “private” record of the offense. You might hear this referred to as a “769.4a” plea or a “non-public deferral.” This refers the statute in Michigan that authorizes these pleas (MCL 769.4a). If a person pleads guilty to a first offense domestic violence and has no prior assaultive convictions of any time the court will defer a judgement of guilty, seal the matter from general public records, and it’s not “technically” considered a conviction under Michigan law.

While it won’t usually be publicly accessible to most background checks, it will be seen on other more sensitive background checks. And the police and prosecutors will always know about it. Furthermore, if you violate probation at any time the matter can always go back “on your record” and result in a public conviction. If you were to ever commit another act of domestic violence, you would still be charged with a 2nd offense with a maximum length of jail of up to one year, even though your first offense was “off your record.”

Furthermore, a non-public domestic violence charge might help you get a Michigan CPL again, but will still affect your federal firearm rights. All that to say, a 769.4a plea to “keep it off your record” is a great plea if the case against you is strong. But it’s not always so great if the case against you is weak. This is why you need to discuss your case with a top Macomb County domestic violence lawyer.

So Should I Just Try and Keep It Off My Record?

The best way to “keep it off your record” is to outright win the case. By that I mean get a Not Guilty trial verdict. While the non-public plea is a great option for strong prosecution cases, it’s not always the best option. While no attorney can guarantee a trial result, a Not Guilty verdict means no private record, no probation, no months and months of domestic violence and anger management classes, etc. Sometimes clients are quick to want to “take the plea” even though there exists no physical evidence, or exists a very good self-defense claim, and the person making the accusation is lying. Sometimes it comes down to a “he-said/they-said” type case and is hard for the prosecution to prove.

In fact, many prosecutors hate taking these cases to trial because their cases fall apart frequently.

Call Today!

Call Barnwell Law today to hire a top Macomb County domestic violence lawyer . I have had countless domestic violence cases dismissed because they fell apart prior to trial, or have outright won the cases before a jury. Other times, the case against you is strong and the risk of jail or prison can be a very real risk, but I will help you minimize the damage to your future. Whatever your situation, call today at (810) 394-2952 and let’s discuss your case.

One of my favorite courts to practice in is the 44th District Court that is located in Royal Oak. The 44th District Court handles cases that arise in Royal Oak and Berkley. While I have practiced extensively in courts around Michigan, Royal Oak is considered one of my “home bases.” One of my offices is located directly across the street from the Court and I have served the community myself as a prominent local leader for over 11 years. Furthermore, as a criminal defense attorney I have taken cases to jury trials and have prevailed in Royal Oak. All of this combined brings a level of respect from the Judges, prosecutors, and other court staff. My relationships with all parties in Royal Oak and Berkley is very warm, but my firm has absolutely no problem taking a case all the way and fighting as hard as needed to get a desired result. 

Because Royal Oak is a destination city for socializing, many of the cases we see are alcohol related. I have represented countless DUI and OWI clients in Royal Oak and Berkley. Other common misdemeanor charges include Public Intoxication, various driving misdemeanors such as Driving While License Suspended, Retail Fraud, Assault and Battery, and Domestic Violence to name just a few.

I also have represented many clients on serious felony charges with very good results. If your case is charged as a felony, it will begin in Royal Oak, but will eventually make its way up to the Oakland County Circuit Court that is located in Pontiac, unless the case is dismissed or there is a misdemeanor resolution. Felony cases that go to trial do not go to trial in Royal Oak but will be heard up in Circuit Court. Misdemeanor cases, on the other hand, are fully heard in Royal Oak and if there was a trial, the trial would be in Royal Oak as well. Common felony cases in Royal Oak can include, felony drunk driving, home invasion, drug crimes such as possession or delivery of heroin, cocaine, methamphetamine, and other controlled substances, felonious assault, breaking and entering, and many others. 

While I have gotten clients many amazing outcomes in courts that I rarely practice in, there is certainly a benefit to having an attorney who is extremely familiar with a given court and knows the lay of the land well. If you are charged with a crime in Royal Oak or Berkely, it will either be handled by a local city prosecutor or by the Oakland County Prosecutor’s Office. The case will either be heard by Judge Jamie Wittenberg or Judge Derek Meinecke. Both are excellent Judges though they have different styles. I have a great relationship with each and think highly of them both. Both have treated my clients very fairly in the past.

If you are facing a criminal case of any kind arising out of Royal Oak or Berkley and need a highly experienced criminal defense lawyer, call me immediately at (810) 394-2952. Barnwell Law has consistently secured excellent results out of Royal Oak and countless other courts. 

Click here to view Barnwell Law’s home page and receive critical contact information. Bill Barnwell of Barnwell Law can be reached directly at all hours at (810) 394-2952.

If you’ve been charged with a misdemeanor or felony case in the city of Ann Arbor, your case could begin in one of several locations. One of those locations is the 15th District Court, which is located in Downtown Ann Arbor. The court is located at 301 E. Huron St. P.O. Box 8650, Ann Arbor, MI 480107. While Ann Arbor and Wasthenaw County are considered to be one of the more “liberal” areas of the state, this does not mean that allegations of criminal activity are taken likely. In fact, they are taken very seriously. But the good news is with skilled and experienced defense counsel, your case can possibly be won, dismissed, or at the very least, a favorable plea resolution that will put you or your loved one in a much, much better position than they were when previously charged.

Since Ann Arbor is one of the biggest cities in Michigan, and is a well-known “college town”, as well as tourist destination, the 15th District Court is a busy court. Many drug and alcohol-related charges originate in Ann Arbor. These include DUI’s, OWI’s, OUIL’s, drunk-driving cases, operating while visibly impaired, and other common legal and popular descriptions for alcohol-related offenses. If you are a first-time alcohol offender, avoiding jail is very possible. However, how smart of a defense is employed can play a large part in how severe of a probation is issued. Clients who follow the “Barnwell Defense” will approach their case in one of two ways: Look for holes and weaknesses in the case and seek a dismissal via a motion or a jury trial, or engage in very proactive measures that will greatly help at sentencing and during probation.

If you are facing a probation violation for an alcohol-related offense, it is imperative that you contact a skilled defense attorney right away.

A first offense for an OWI is a maximum possible penalty of 93 days in jail and/or a jail term followed by probation, fines and costs, license sanctions, and fees collected by the Michigan Secretary of State (unless one’s blood alcohol content is .17 or higher, considered a “Super Drunk” charge which elevates the offense to a 180 day maximum jail penalty with enhanced fines and costs).

A second offense within a seven year time period is even more severe: It results in up to a one-year in the Washtenaw County Jail, a mandatory one-year driver’s license revocation, fines and costs, and fees to the Michigan Secretary of State. If the offense happens outside of the seven year window, it will technically be charged as a “first offense” but will be treated in many ways like a second offense for all practical purposes.  A second offense carries a minimum of 5 days in jail up to one year in the county jail. Obviously, there is a big difference between 5 days (which can even sometimes be waived) and 365 days. Judges have broad discretion of how they sentence in District Court, which is why it is all the more important to hire a skilled defense attorney for any second-offense DUI or OWI drunk driving case.

Worse, if a person is charged with a third offense at ANY point in their lifetimes, even if the three offenses are 40 years apart, this results in an automatic felony charge with a minimum of 30 days in the Wasthenaw County Jail and up to 5 years in the state prison. Again, there is a big difference between a month and 5 years.

While misdemeanor cases stay in District Court, a felony DUI or drunk driving 3rd offense will eventually begin the District Court for a Probable Cause Conference and a Preliminary Examination. Unless dismissed the case will eventually be heard in the Washtenaw County Trial Court. If you don’t know what these legal terms mean, don’t worry, that’s what you hire an attorney for: To guide you through the confusing process and carry the load for you.

A felony charge is inherently more complicated than a misdemeanor charge of a first or second offense, but even for a first offense, these cases can be expensive, time-consuming, scary, and exhausting. This is why you want to hire an experienced criminal defense attorney who is familiar with the courts in Ann Arbor and Washtenaw County. But with skilled, dedicated, and experienced defense counsel, you can have confidence that your Ann Arbor or Wasthenaw County case is being given the attention it deserves.

The purpose here is to educate you, not to scare you. Do not hire an attorney whose motivation is to scare you. It’s one thing to know what you’re up against, it’s another to live in fear. Having a defense attorney standing by your side ensures you don’t have to live in constant fear.

Other common cases heard in the 15th District Court in Ann Arbor are drug cases, including marijuana-related offenses, domestic violence, retail fraud, driving while license suspended, assault and battery, larceny, embezzlement, and various other misdemeanor charges that we will discuss more in the future. Note that Barnwell Law is an exclusive criminal defense firm and handles ALL misdemeanors in felonies in Ann Arbor and Washtenaw County and has a record of success.

The takeaway is whether you are being charged with a misdemeanor or a felony case in Ann Arbor or Washtenaw County, contact a highly-rated criminal defense attorney who will stand by your side. Call Barnwell Law today at (810) 394-2952.