In my practice, I have defended a number of cases involving Indecent Exposure or Aggravated Indecent Exposure. Recently I had positive resolutions in the felony cases of Aggravated Indecent Exposure case in St. Clair County, Macomb County, Oakland County and Wayne County. These cases originated out of Port Huron, Warren, Ferndale, and Detroit. I have handled these types of cases in multiple counties and other cities as well. The difference between the two cases are significant. An “Aggravated” offense carries a two-year maximum penalty and is treated in a procedural fashion as a felony. A regular Indecent Exposure is a serious misdemeanor that carries up to one-year in the county jail.

Depending upon certain prior offenses, a conviction for Indecent Exposure or Aggravated Indecent exposure could land a client on the SORA Registry (Sex Offender Registry Act).
Most Courts and Probation offices look at any offense involving sexuality with a particular ire. Sometimes these types of cases can be wrongly charged. Other times, client’s might be dealing with tough issues that bring them to a point where they act out in ways where they otherwise wouldn’t have acted out.

With years of experience as a counselor and non-profit leader, I’ve learned never to judge people who have made mistakes, who are contrite, and are willing to take responsibility.

The bottom line is many Indecent cases can be beat if the Prosecution cannot meet their burden of proof.

But many other times, the Prosecution has a strong case. And I, as the defense attorney, have to assist the client in getting the help they need to avoid a jail term.

Also, for many offenders, sometimes the case can be wiped off a client’s public record after a successful term of probation.

Many possibilities exist depending upon the facts and circumstances. The “Barnwell Defense” will be able to judge what is the best approach. Call an attorney who not only has experience with these cases, but will look at you as a human being, and not condemn you. An attorney who will help paint a broader picture to the Court that the police report and Probation Department often don’t see.

If you are facing a charge of Indecent or Aggravated Indecent Exposure, contact Barnwell Law today at (810) 394-2952 for your free consultation and to begin formulating an effective defense.

As a criminal defense attorney whose practice focuses solely on criminal law and criminal defense, Barnwell Law, PLLC is well-known in many counties throughout Michigan, including Oakland County.

If you’ve been charged with a misdemeanor offense in Oakland County such as DUI, OWI, or drunk driving, Oakland County is one of the toughest counties in the state as it relates to alcohol charges, and criminal charges in general. In fact, in certain District Courts, jail is a very real possibility, even for first-time offenders. This is why it is extremely important to hire a skilled criminal defense attorney who knows how each District Court operates. This includes offenses such as Disorderly Conduct, Drunken Disorderly Conduct, Jostling, Public Urination, and other offenses that are often connected with alcohol or substance abuse.

Other common misdemeanors in Oakland County and most other courts are drug crimes, including misdemeanor offenses such as possession of marijuana, driving while license suspended, retail fraud, assault, assault and battery, and various other misdemeanor offenses.

Far more serious is felony offenses such as possession of drugs, including heroin, cocaine, and other recreational drugs such as ecstasy, methamphetamine, commonly known as meth, and prescription drugs that are unlawfully obtained. These can be prescription drugs like Vicodin, Xanax, Oxycontin, and various opioid drugs including painkillers.  Possessing these prescription drugs can result in charges such as Possession of Analogues. Other offenses can include Maintaining a Drug House, and various other drug crimes.

Far more serious than drug possession cases, are Distributing and Manufacturing cases. These can carry prison sentences of 7 years, 20 years, or more depending on the substance and the offense. These are much more serious charges than possession charges, but even possession charges are very serious. For instance, possessing any amount of methamphetamine or meth is a maximum penalty of 10 years in state prison.

There are a host of other commonly charged offenses that range from retail fraud, larceny, embezzlement, home invasion, breaking and entering, criminal sexual conduct, sex crimes, homicide, murder, and many other misdemeanors and felonies.  It is important to note that even in major allegations of murder and homicide, defenses exist and a skilled defense attorney is needed for these offenses that can result in life in prison. Sex Crimes, such as allegations of First Degree Criminal Sexual Conduct, 2nd Degree Criminal Sexual Conduct, 3rd Degree Criminal Sexual Conduct, and 4th Degree Criminal Sexual Conduct can be beat. People can be falsely accused. In fact, our attorney has successfully defended people in Oakland County wrongly accused of sex crimes.

The good new is Barnwell Law has a record of winning jury trials in Oakland County, and countless other favorable outcomes for clients who resolved there cases short of a trial. Our attorney has handled routine cases and many high profile cases and you can learn more about the “Barnwell Defense” here. 

Our attorney is also a top-rated attorney who has received the highest marks from various attorney review sites. So don’t just take our word for it. Read what actual clients have had to say and the various awards our attorney has received. According to AVVO, a reputable attorney-rating and review site, Bill Barnwell is a 10 rated attorney — the highest rating an attorney can receive. 

Our attorney has practiced in every District Court in Oakland County, including Oakland County Circuit Court. This includes District Courts in Royal Oak, Troy, Novi, Rochester Hills, Hazel Park, Madison Heights, Ferndale, Oak Park, Southfield, Pontiac, Bloomfield Hills, Birmingham, Berkley, Waterford, and Farmington Hills. In fact, if you visit our webpage, you can see a breakdown of each District Court in Oakland County. Here is an example of our Oakland County Circuit Court page. 

The important point is this: Oakland County is tough. But with skilled and experience defense counsel, you will have a dedicated advocate and defense attorney at your side whether you are facing any kind of misdemeanor or felony.

It is important to note that Barnwell Law has a state-wide presence and has practiced all throughout Michigan and delivered solid results for clients state-wide. Oakland is just one of the many counties that our attorney Bill (William) Barnwell has regular experience fighting for clients. But our attorney knows Oakland County and the ins and outs of the system.

If you are facing a misdemeanor or felony charge in Oakland County or anywhere else in Michigan, be sure to contact Barnwell Law today at (810) 394-2952. Our attorney is on call 24 hours a day and for emergencies. Retain a respected attorney with results who enjoys advocating for his clients.

A frequent concern of people facing arrest or awaiting an arraignment is whether or not they will be able to stay out of jail while their case is pending. In a previous post we discussed when a bond is set: At an arraignment, and what an arraignment is.

Today let’s talk about whether you or your loved one can stay out on bail. “Bail” and “Bond” are terms that are sometimes used synonymous in popular culture. At an arraignment there will be a “bond hearing.” At this time the Judge will set an amount of money that is needed to keep a person out of jail. There’s several different kinds of bond:

1. A Personal Bond. This means no money is required up-front to stay out of jail. Sometimes clients get nervous when they hear a Judge say, “Bond is set at 5 thousand personal” or even “25 thousand personal.” But there’s no reason to be concerned unless the client plans on skipping a future court appearance (Which clients of Barnwell Law do not). Essentially a personal bond with an amount attached is a promise for a client to return to court. If they do not appear, the personal bond is cancelled and a bench warrant will be issued. Now the client is on the hook for the amount attached to the personal bond. But this only happens when somebody skips court or violates a bond order (such as a “no-contact” provision of bond with a complaining witness or “dropping dirty” during a court-ordered drug or alcohol test.
2.  A Cash/Surety 10% Bond. This is the next best option. Oftentimes a personal bond just isn’t going to be offered by the court. But instead of setting a straight 10 thousand or 100,000 dollar cash bond, they will apply a 10% provision, which for all practical purposes means a person can stay free for 1 thousand dollars instead of 10 thousand, or 10 thousand instead of $100,000. But again, that can be revoked if a person misses a court appearance or violates some term of their bond conditions.
3.  A Cash/Surety Bond. This is exactly what it means. A straight cash bond with no 10% provision. In this case, the ten thousand dollar bond is just that: $10,000. Nothing less will get a person out. This is often times when people will turn to a bail bonds company. It’s always wise to have a bail bondsman on hand, especially for serious felonies, when there is the likelihood of a high cash bond. In this case, instead of paying the Court 10%, the client or their family can negotiate a deal with a bail bonds company where the company will post a portion of the bond with a guarantee that the client will return to court. Barnwell Law will help clients have a bail bonds company on hand when appropriate.

The difference between paying a bond directly to the court vs. paying a bail bonds company is whatever you pay the bail bond company you will not get back, whereas if a client has a bond posted in their own name, that money will be returned (minus a small fee) at the end of the case if they are acquitted, or if they have their case resolved via a favorable plea, the bond money can be applied to court fines and costs.

The amount the bond is set at is determined by the Judge, who has broad discretion. They will look at a number of factors laid out in state law and the Michigan Court Rules to help determine your bond. Clients with no representation at their arraignment have no idea what these bond factors are are frequently are hit with high cash bonds.

But a lawyer present can make all the difference in the world. A skilled criminal defense attorney knows all of the relevant bond factors the court will look at, as well as a particular Court or Judge’s style of setting bonds.

In sum, a person has a much better chance of securing a personal bond or a lower cash bond with a retained attorney than they do standing alone by themselves without the assistance of a lawyer. For instance, Oakland County has a reputation for being tougher than Macomb or Wayne County, but even in Oakland County, a skilled criminal defense lawyer can help secure a fair and reasonable bond.

Barnwell Law has handled arraignments and bond hearings in many counties all throughout the state of Michigan for all kinds of charges including homicide related charges, drug charges such as marijuana, cocaine, ecstasy, heroin, meth, etc, assault charges, larceny charges, embezzlement charges, sexual assault charges, criminal sexual conduct charges, DUI and OWI charges, and many other types of alleged crimes.

If you suspect you or someone you love are under investigation, or you know there is an active warrant for your arrest, reach out to Barnwell Law immediately at (810) 394-2952. It could help make the difference whether you or a loved one sit in jail while the case proceeds or whether you will maintain your freedom while your case proceeds.