Being arrested in Macomb County can be a frightening and confusing experience — especially if it’s your first time dealing with the criminal justice system. Whether you were taken into custody for OWI, domestic violence, DUI, retail fraud, assault and battery, or another charge, knowing what to expect can make a huge difference in how you handle the situation.

As a Macomb County criminal defense attorney, I’ve guided hundreds of clients through the local court process. Here’s what typically happens after an arrest in our area — and how you can protect your rights from the very beginning.

1. The Arrest and Booking Process

After an arrest, police will usually take you to the local police department for booking. This includes fingerprinting, photographs (mugshots), and recording personal information. You may be held overnight or until a court can set bond.

In Macomb County, arrests are handled by various city police departments — such as Warren, Sterling Heights, Clinton Township, or Roseville — or by the Macomb County Sheriff’s Office. Where your case starts depends on the location and the charge.

2. Setting Bond and Release Conditions

Within 72 hours, you’ll usually see a judge or magistrate for an arraignment. If you are not arraigned within 72 hours, the jail will have to release you while the case continues to be investigated. For other lower level offenses that do not require an arrest, you will receive a citation and court notice to appear for an arraignment. Other times, prosecutors will conduct an investigation and issue an arrest warrant. Regardless of how your case initially begins, most cases begin with an arraignment, where:

• You’re formally told what you’re charged with
• The judge sets a bond (bail) amount or conditions of release
• A no-contact order may be issued in domestic violence cases
• You’re advised of your right to an attorney

Having a lawyer at this stage can make a big difference. The arguments made during bond hearings often determine whether you go home or stay in jail until trial. Also, for certain lower level offenses, Barnwell Law can waive your arraignment and save you a court date and additional stress.

3. The Arraignment and Plea Entry

At the arraignment, you’ll enter an initial plea — almost always “not guilty.”
This preserves your right to challenge the evidence and negotiate later.

If you want personalized attention and a defense built around your goals, you can hire your own private defense counsel right away. In fact, you will have a much better chance obtaining a Personal Bond, or lower cash bond, with a retained attorney at your side who is known and trusted by the Courts. When you retain and hire your own lawyer, the courts will reason that you are financially invested in the case, taking it seriously, and pose less risk of flight.

4. Pretrial Conferences and Negotiations

After arraignment, your case moves into pretrial conferences. This is where most criminal cases are resolved. Your attorney will:

• Review the police reports, dash/body-cam footage, and witness statements
• File motions to suppress evidence if your rights were violated
• Negotiate with prosecutors for a dismissal, plea reduction, or diversion program

In Macomb County, pretrial hearings are held in the district courts (for misdemeanors) or the 16th Circuit Court in Mount Clemens (for felonies). Note: Felony cases will begin with an Arraignment in District Court, followed by a Probable Cause Conference and Preliminary Exam in District Court. If not dismissed at that stage, pretrial conferences for felonies will then take place in the Circuit Court on later dates.

5. Trial or Resolution

If the case cannot be resolved favorably, it proceeds to trial — before either a judge or jury. At trial, the prosecution must prove each element of the charge beyond a reasonable doubt.

Many clients worry about this stage, but remember: skilled defense work often leads to dismissals or reduced charges before a trial ever happens. I have represented many defendants in both misdemeanors and felonies and have secured Not Guilty verdicts throughout Macomb County and beyond in Michigan and Florida. In fact, I thrive on trial work.

6. Sentencing (If Convicted or Plea Agreement Reached)

If convicted or if you take a plea, the judge will impose a sentence — which may include fines, probation, community service, or jail time. In some first-offense cases, your attorney can request deferrals or delayed sentences (for example, under MCL 769.4a in domestic violence cases or HYTA for younger defendants), which may keep your record clean if you complete certain conditions. Keep in mind, even with HYTA, a “769” or even expungement, there will always remain a private government record. Also, these dispositions can still have immigration consequences that could result in removal or deportation. However, for most defendants, a “7411” disposition for a first time drug possession offense or a “HYTA” disposition for a defendant under the age of 26, are extremely valuable in shielding your criminal case from the vast majority of the public.

7. Protecting Your Rights from Day One

The most important step after any arrest in Macomb County is simple:
👉 Do not talk to police or prosecutors without legal representation.

Even seemingly harmless statements can be used against you later. A lawyer can handle communications, guide you through court appearances, and help you avoid common mistakes that can hurt your case. As I always tell clients, nobody ever talks themselves out of being charged with a crime. But they will talk themselves into it.

Speak With a Local Macomb County Defense Attorney

If you or a loved one has been arrested in Macomb County, you don’t have to face it alone. I’ve represented clients in every single district court in the county countless times — including Warren (37th), Sterling Heights (41-A), Roseville (39th), Clinton Township (41-B), and the 16th Circuit Court in Mount Clemens.

Every case is different, and your defense should be too.
Call Barnwell Law, PLLC today at (810) 394-2952 or contact us online for a free, confidential consultation.

How much does a criminal defense attorney cost? There are hundreds of people in the state who say they practice criminal law. But there are very few who are actual criminal defense attorneys who solely practice criminal defense and are seen as leading practitioners in the field. At the outset, let me state that I charge more than most defense lawyers. But there’s many reasons for that. You get what you pay for. After years of experience solely dedicated to criminal defense, thousands of results for clients, multiple jury trials per year, and a proven record, I am selective what cases I take.

Bluntly, I don’t need to take every case that comes my way. I receive many calls each week from people wanting help. Here are some phrases I hear that will immediately tell me somebody is just looking for the cheapest possible attorney. When the very first words are something like this, I know right away that this will not be a good match:

• When someone’s first sentence is, “How much would you charge to do a case involving….”
• “Do you do payment plans?”
• “What’s the lowest you could do a case for…”
• “How much do you cost?”
• “Do you think I even need an attorney for this?”

“But I Don’t Want a Court-Appointed Attorney”

Ironically, many of the same people who say phrases like that, also complain that they don’t want a court-appointed attorney. But there’s a reason we have assigned counsel. It’s to make sure that even people who are impoverished can have a defense. Everybody has a constitutional right to counsel and to receive a competent and effective assistance of counsel. Also, there are some extremely good defenders “in the trenches” doing assigned counsel work. Some, frankly, who have even better reputations than many private attorneys. They provide an invaluable resource to society.

However, you also have no say in who you will be assigned. Maybe it will be a seasoned veteran who feels called to doing assigned public work. Maybe it will be somebody relatively inexperienced. You may or may not find them a good fit. They may or may not spend as much time on your case as you’d want. And they aren’t “free” or “cheap” either. Even for misdemeanor cases, public defender assigned attorneys cost well over $100 an hour. You will have to pay the city or county back for all services that they will. But if you want an attorney of your own choosing, and you want to hire a top-ranked private criminal defense attorney, it’s obviously going to cost more. If you’re already going to be paying a significant amount of money for assigned “court appointed” counsel, you might as well pay more if possible for a top attorney of your choice.

If You Want The Best, Hire the Best

If a person wants to drive a Corvette, it’s not going to cost what a Toyota costs. If somebody wants to live right off the water, it’s going to cost more than a house tucked away in the suburbs. If you want a Rolex, it’s going to cost more than an Apple watch. And so on, and so on. If you’re looking for an attorney who is going to quote you the lowest and cheapest price, that will not be this firm. But if you want a top-rated criminal defense lawyer with hundreds and hundreds of five-star reviews across two different states, and who has a proven record of trial success, including handling many life-offense cases, you are welcome to call to discuss your case.

Don’t Risk Your Future and Go “Cheap”

There are times when someone will call me and ask if they “need” an attorney for their criminal case. The short answer if your liberty is on the line, you need a top lawyer. If your future is on the line, you need a top lawyer. If your job is in jeopardy, your immigration statues, your firearm rights, your ability to drive, etc, etc, yes you need a top criminal defense lawyer in your corner. Why risk it? Saving a few dollars now will potentially cost you a lot more money down the road if you lose your freedom, your license, your job, and so on.

If a private attorney is quoting you an extremely low price, there’s a reason for that. They are new to the profession, or have been around for awhile and are desperate for work. You do not want your case to be somebody else’s test case and on the job training, or somebody’s desperate attempt to make ends meet. Do your research. Read actual client reviews, and not just on an attorney’s own website, but independent websites like Google or Avvo. Ask an attorney when the last time they tried a case was in front of a jury, and how many cases they have tried in the last five years.

The fact of the matter is no honest attorney can give you a “guarantee” or promise an outcome. If somebody does, run away, because that attorney is already violating rules of professional conduct. But the best predictor of the future is a person’s past results. While no two cases are the same and a result can’t be guaranteed, with Barnwell Law, you have assurance your case will get the attention it deserves from a top defense attorney. The question is not how much will it cost to hire a top attorney, but how much will it cost not to hire the best.

Up-Front and Clear Fees

Barnwell Law charges flat up-front fees. They are clear, honest, and understandable. When a fee is quoted, it is not negotiable like a used car lot. The fee is based upon the type of case you’re facing, the seriousness of the charge, the amount of skill required, the particular jurisdiction of the case, and other facts and distinctions. The firm does not do “payment plans”, but for people with good credit scores, financing is available through a third party processor. Fees are “flat”, meaning you know what you are paying for. If the case takes longer than expected, you aren’t billed further. If the case resolves quicker than you expected, you don’t get a refund because the firm handled your matter skillfully and efficiently. You don’t get “nickel and dimed” every time you send a text message, receive an email, go to court, etc.” Fees and costs are easy to understand and paid at the time representation begins. I am not here to be a debt collector. After being hired, I don’t want to talk about money or criminal defense costs. I want to talk about your case and how we are going to work to achieve your goals.

Letting the Prosecutor Know You’re Not Afraid to Go To Trial

Most cases statistically do not go to trial. But some do. Yours may or may not. But when you hire Barnwell Law, you are telling the prosecutor you have the resources and the willpower to go all the way if need be. For cases that involves pretrial resolutions, prosecutors frequently will give better “deals” when they know that they are going to have to work very hard in cases that could be suitable for trial. When you spend money on criminal defense attorney costs, you are investing in your future. You are sending a signal to the other “players” in the court system that you are choosing a top criminal lawyer to fight for you.

Call Today

If you have been charged with a felony or misdemeanor criminal case in Warren, Macomb County, Metro-Detroit, or elsewhere in Michigan or Florida, and you want to hire one of the best and top-rated criminal defense attorneys, call today. You will not get the “cheapest” price, but you will get trusted, respected, and top representation. Take your or your loved one’s future seriously. Call Barnwell Law any time day or night at: (810) 394-2952

Should you refuse to take a breath test for a DUI and OWI in Michigan? As the saying goes, “Don’t walk, don’t talk, don’t blow.” A DUI breath test refusal makes sense in many circumstances.

There’s almost never a good reason to “blow” on the side of the road after a police stop. Usually a DUI or OWI arrest begins after some sort of simple traffic stop. The officer will observe a speeding vehicle. Maybe he or she will see a car crossing the line dividers in a road. Sometimes a taillight is out. But every drunk driving arrest begins with some sort of police contact. Usually (but not always) the officers see the vehicle driving and then pull it over.

Once a vehicle is stopped an officer will usually quickly suspect a driver is intoxicated. Police reports routinely note officer observations of:

• Bloodshot, watery eyes
• Strong smell of alcohol
• Slurred speech
• Driver looks or sounds confused

Upon suspicion of intoxication, an officer will ask somebody to get out of the vehicle. Contrary to popular opinion, a driver does have to exit a vehicle upon being ordered to do so by a police officer. What a driver does not have to do however is perform field sobriety tests, answer general questions, or blow into a roadside PBT (preliminary breath test). The topics of field sobriety tests or officers fishing for information are a topic for another page. But as it pertains to “blowing on the side of the road”, the general rule of thumb is: “Don’t do it.”

But won’t you lose your driver’s license if you don’t blow at the side of the road?

No. You won’t.

You will, however, get a civil infraction ticket that carries a $200 fine. Refusing to blow into the PBT does not suspend your license, it does not add any points onto your license, and it won’t get you sent to jail.

Choosing to indulge a police officer’s requests for field sobriety tests and blowing into a PBT, along with other admissions of drinking and officer observations, will generally get a person sent to jail, however. As I regularly explain to clients, almost nobody talks themselves out of an arrest. Many people will talk themselves into being arrested and thinking they are doing a good thing by “cooperating.” All “cooperating” does, however, is makes the job of police and prosecutors easier to send you to jail.

If a person is written up for a DUI breath test refusal and the officer still believes that there is probable cause to make an arrest, they now have the option of getting a warrant for a blood draw. Here is where the consequences for refusal go way up, and why it’s often not a good idea to refuse a blood draw or to refuse a breath test at the police station.

Why the distinction from the roadside PBT?

It is because of the Michigan Implied Consent Law. In sum, by virtue of being a driver on the road, you have given the State of Michigan consent to ask for a breath or blood sample if there is suspicion of intoxication. And if you refuse you will not only get 6 points added to your license, but your license will be suspended for a year.

Whereas the roadside PBT results can’t be used against you at trial (they can, however, be used as a basis to arrest you), the results from a blood draw or a police station breath are used against you at trial. The results from these readings are more reliable than the PBT. Blood results boast a reliability rate of over 99%. The readings from the “DataMaster” or “Intoxilyzer” (the new machines being unveiled throughout Michigan) are considered almost as reliable as blood results, if the machines are properly calibrated and the tests properly administered.

I have had more than a few clients who have gotten this backwards. They freely consented to a roadside PBT and then refused to give a breath sample at the police station or refused a blood draw after a PBT. All this accomplished was giving the police more evidence to arrest them with and causing a lengthy suspension of their license before their criminal case ever resolved.

This isn’t to say that there aren’t circumstances where forcing the police to get a warrant for your blood don’t exist. But just be aware of the risks in doing so. If there is a violation of the Implied Consent Law, there is only a very narrow 14 day window to contest the alleged refusal before the Secretary of State, which will be covered in another post. I have gotten officers to agree to withdraw these cases before the Secretary of State and have convinced a Secretary of State Hearing Officer that there wasn’t a legal refusal.

But these add costs to your case and added stress. So, follow the general rule of thumb. Don’t give the police more evidence to arrest you. You do not have to take a preliminary breath test on the side of the road. However, if the police don’t relent and advise that they will get a warrant for your blood if you don’t follow the Michigan Implied Consent law, beware of the risks involved.

Regardless of the situation, your case deserves a vigorous and zealous defense. If you are facing a DUI or a DUI Breath Test Refusal Contact Bill Barnwell of Barnwell Law today for your Warren, Macomb County, Oakland County, Wayne County, or Michigan based DUI and OWI case.

In 2023 alone, top Macomb County criminal attorney William Barnwell has so far tried six jury trial cases. Each client walked away without a conviction.

Five of those cases resulted in Not Guilty verdicts. Of those five Not Guilty verdicts, three of the juries came back with acquittals after less than 15 minutes of deliberating. One case was a mistrial when a juror spoke negatively about the prosecutor’s case during a recess. The prosecutor then decided not to re-try the case.

The jury trials took place in:

• The 37th District Court in Warren (Two separate trials)
• The 16th Circuit Court in Mount Clemens
• The 42nd District Court in Romeo
• The 73B District Court in Huron County/Bad Axe
• The 64B District Court in Montcalm County/Stanton

The types of cases that were tried before a jury this year so far have been:

• Assault and Battery
• Domestic Violence
• Felonious Assault
• Embezzlement
• Drunk Driving 2nd Offense (DUI) (OWI) (OUIL)
• Criminal Sexual Conduct 1st Degree

Several things are noteworthy. First, many criminal defense attorneys have never tried a case in their entire careers. Others have not tried cases for years. Few cases statistically go to trial. William Barnwell is not only one of the relative few attorneys to try a case this year, but among the very few that has tried multiple cases, let alone six different cases, all with favorable outcomes. This is also for 2023 alone. Over the years, this firm has tried many cases before juries with favorable outcomes throughout the State.

While Barnwell Law is based in Macomb County, our attorney produces results throughout Metro-Detroit, throughout Michigan, and throughout Florida. While William Barnwell is very well-known by judges and prosecutors in Metro-Detroit, being “friends” with the judge or prosecutor doesn’t help you if your case might be going to trial. The only thing that matters is knowing how to try a case and how to persuade a jury.

A skilled trial attorney knows how to pick a jury. Picking a jury involves knowing which potential jurors to screen off the jury pool, and which ones to keep. It involves knowing how to ask the right questions to potential jurors during jury selection to identify biases. It involves knowing the art of cross-examination and how to connect with jurors during opening and closing statements. It’s also knowing how to tell a story, a much different story from the Prosecution, and apply the facts of a given case to the governing law. There’s much more that could be said, but suffice to say that being a skilled and proven trial attorney involves both innate skills and skills that developed and battle-tested over time. This is why William Barnwell is a top Macomb County criminal trial lawyer.

There is a reason that people throughout Michigan and Florida call our attorney when their lives and future are on the line. While Bill Barnwell has worked out countless favorable plea deals for clients, he’s not afraid to take your case to trial. He has a record of results. While no attorney can guarantee any result, and every trial is different and unique, you will want an attorney that isn’t afraid to take your case all the way.

Deciding whether or not to go to trial involves multiple factors. At the end of the day, it is the client’s decision alone whether or not to exercise their constitutional right to trial. Sometimes, it’s the only practical option when there’s nothing to be gained by a plea. Other times, there are pros and cons with going to trial that Bill will help you sort through.

When your or a loved one’s future is at stake, you don’t want an attorney to get on the job training. You want a tested and proven top Macomb County criminal defense lawyer who can take a case all the way. One who has not guilty acquittals throughout the state year after year.

Contact William Barnwell today to take charge of your defense. He can be reached day or night at (810) 394-2952. Call today.

If you are facing a criminal case in the 39th District Court, which has jurisdiction over Roseville and Fraser, there are two newer judges who have taken the bench recently. Those judges are the Honorable Alyia Hakim and the Honorable Kathleen Tocco. Prior to taking the bench, Judge Hakim’s practice focused primarily on criminal defense and family law. Judge Tocco’s practice primarily focused on family law. Both have proven to be effective judges upon taking the bench. The court’s Chief Judge, the Honorable Joseph Boedecker, remains on the bench as well.

Barnwell Law has proven experience appearing before all three Judges for criminal matters in Roseville and Fraser. This includes, but is not limited to, misdemeanor offenses like Drunk Driving, OWI, DUI, OUIL, domestic violence, disorderly conduct, assault, larceny, embezzlement, and many other alleged offenses. Barnwell Law has also successfully represented many felony cases that have originated in the 39th District Court including, but not limited to, Felonious Assault, Felony Firearms, Felony OWI/DUI/OUIL/Drunk Driving, Felony drug crimes including alleged serious drug possession and delivery cases. This includes many drug cases such as offenses alleging possessing or distributing cocaine, methamphetamine (meth), heroin, prescription drugs like Xanax, Valium, pain killers such as oxycontin, and many others. This is not an exhaustive list. Barnwell Law has defended clients throughout Michigan, Metro-Detroit, and many other regions of the state from everything from homicide level cases down to simple misdemeanors such as Disorderly Conduct.

It is important to note that in Roseville and Fraser, just like in any other court, every Judge is different and has their own styles and philosophies. Judge Hakim is not the same as Judge Boedecker who is not the same as Judge Tocco. Our attorney William (Bill) Barnwell of Barnwell Law knows the Roseville and Fraser court system, knows the Macomb County court system, and has vast experience in counties throughout the state. This is in part why he is a top-ranked attorney by both his peers and as rated by former clients.

Note that for felony cases in Roseville and Fraser (or anywhere else), matters will first be heard in district court and if they are not dismissed in district court, cases will proceed to the Macomb County Circuit Court. Barnwell Law has likewise appeared before every single judge in Macomb County Circuit Court who handles criminal matters and has done so successfully. While no attorney can ethically guarantee an outcome for any given case, Barnwell Law fights diligently for its clients and has a record of success.

If your case is a felony, there may or may not be a chance for dismissal in District Court. Every case is unique and different and requires its own factual and legal analysis. If you are facing a criminal allegation or court case in Roseville, Fraser, Macomb County, or anywhere else in Michigan, call Barnwell Law to discuss your matter. Barnwell Law can be reached morning, day, or night at (810) 394-2952.

Royal Oak is a popular Metro-Detroit destination for bars, parties, and fun. Unfortunately, this also means a high number of people in Royal Oak and Berkely charged with offenses such as drunk driving, OWI, DUI, possession of marijuana, disorderly conduct, public intoxication, and other related offenses. The 44th District Court, located in Royal Oak, hears all cases that originate in the cities of Royal Oak and Berkley. Too add perspective, Royal Oak is roughly half the population of the city of Warren but has roughly the same amount of drunk driving, DUI, and OWI cases. And it has more public intoxication and drunken disorderly cases than larger cities. Royal Oak hears many of these cases, and will frequently attached much more stringent penalties than other cities. In many cases, these charges can stick on your permanent record, but there are times when a deal can be negotiated to keep to get a dismissal after a term of probation, if the case is not suitable for a jury trial or bench trial. Even if a person receives probation, not all probations are built equally. Some are manageable, and some can be very time-consuming. Also, depending upon a person’s record and the circumstances of the case, jail can be possible in these cases. For these and many other reasons, don’t take these charges lightly. Hire an attorney who is extremely familiar with the 44th District Court which covers Royal Oak and Berkley in Oakland County. Being charged with drunk driving, DUI, OWI, OUIL, or whatever other term one wants to call it, is a very scary situation for anyone involved. It’s why you need an experienced criminal defense attorney that will take your case very seriously from start to finish. This is true whether your case is originating out of Royal Oak, MI, Berkley, MI, Oakland County, or anywhere else in Michigan.  There are several different types of Drunk Driving cases:

1. DUI or OWI first offense– This carries with it a maximum possible penalty of 93 days in jail, fines, costs, and driver’s license sanctions.
2. DUI or OWI second offense — This can get confusing. If you have been charged with a second DUI or OWI offense in a 7 year time-frame you will face a 2nd offense. This carries a possibility of up to one year in the county jail, with a mandatory minimum of 5 days in jail, fines, costs, and a mandatory license revocation for one-year. However, if you pick up a second DUI or OWI charge in Warren or Macomb County (or anywhere else in Michigan) outside of the seven year window it will be charged as a first offense, but the court will view it for all practical purposes as a second offense. Meaning they might not be able to impose as much jail time or as stringent license sanctions, but they can and will make your life very difficult if you don’t handle the case correctly.
3. DUI or OWI third offense — This is where matters can get very serious. A third offense at any point in a person’s lifetime is a mandatory felony. Even if the offenses are spaced apart by 10 or 20 years each. For a felony drunk driving or OWI and DUI offense, there is a mandatory minimum of 30 days in the county jail and up to 5 years in the state prison, along with fines, costs, license sanctions, etc.
4. There’s also what is known as a “High BAC” drunk driving and DUI/OWI charge. In Michigan, the legal limit for intoxication is .08. A level of .17 is considered a “High BAC” offense or what is commonly known as “super-drunk.” The higher the BAC, the more concerned the court is going to be. A High BAC or superdrunk charge carries a maximum of 180 days in the county jail (even for a first offense), fines, costs, license sanctions, etc.
5. Here’s another secret many people don’t realize: You don’t have to be at a .08 to be arrested for drunk driving. If you have anyamount of alcohol in your system, and an officer subjectively determines you are impaired by the alcohol, you can be charged with something called Operating While Visibly Impaired. Our firm has seen individuals with BAC counts as low as .03 charged with OWVI. An OWVI charge carries with it a maximum of 93 days in jail, fines, costs, and license sanctions.
6. A person can also be charged with Operating Under the Influence of Drugs. For instance, if a person has any amount of marijuana or other drug in their system, even a mere 2 nanograms, and an officer finds this through a blood draw, a person can be charged with drunk driving — even if they were not even objectively impaired! These types of cases often times require the assistance of expert witnesses, but they can be beat.

All of the above doesn’t even begin to get into the collateral consequences of license restrictions for these various offenses, and possible vehicle immobilization, interlock devices, driver responsibility fees, and other consequences which we will cover in future posts. The point is this: Drunk driving charges are taken very seriously. If are being charged in the 44th District Court or any city or county in Michigan, you need an attorney who is familiar with that court system and handling DUI cases. Even a first offense can result in jail in certain jurisdictions in Michigan. In Oakland County, jail is not just possible, but likely in before certain Judges, such as an infamous court in Birmingham, MI. However, jail is often avoided in Royal Oak for first offenders, and sometimes even second-offenders. Jail can even be avoided on a “Super-drunk” or High BAC case with an effective defense. On a second offense, many courts will impose the statutory minimum of 5 days in jail. Certain courts in Oakland County will waive the five days in lieu of community service. On a third offense, 30 days of county jail is a guarantee unless in very rare cases where it can be pled down to a 2nd offense. But there is a big difference between 30 days and five years, which is why a strong defense is so critically important. DUI and drunk driving defense is a category all unto itself in criminal law. An effective criminal defense attorney does not automatically assume their client is guilty. They can and should get all relevant discovery. This includes police dash cam videos, records of the DataMaster calibration logs used to determine a person’s BAC, understand the science behind blood and breath testing, investigate whether police were justified in the stop, have expert witnesses available to challenge the blood and breath evidence, etc. Bill Barnwell of Barnwell Law takes all of those measures, including looking at any other applicable defenses (i.e. whether the defendant was actually operating the vehicle under the law). If your case can be beat through a challenge of the evidence, or through a jury trial, our firm will go the extra mile and fight for an acquittal. However, the vast majority of DUI cases result in a plea. This isn’t because a good defense attorney is lazy. It’s because they have gone through all the possible evidentiary challenges and have determined that your DUI or OWI case is best handled as a “damage control” case. This still requires much hard work to secure a favorable outcome. Many attorneys will just advise their clients to go to AA while their case is pending. Our Attorney has years of experience in the field of counseling and mental health, including helping those with addictions. By employing the Barnwell Defense, your case will have a far better chance at securing a favorable outcome than by employing a standard “Meet em’ and plead em” defense. If you are going to pay your hard earned money to hopefully maintain your freedom and driving privileges, spend your money on an attorney who knows how to both handle a successful jury trial and do proper damage control if your case is best suited for a plea. Your case will either be heard by Judge James Wittenberg or Judge Derek Meinecke. If your case is being charged by either the city of Royal Oak or Berkley, a local city attorney will prosecute the case. Our attorney has an excellent relationship with Prosecutors on all ends. He also has a record of jury trial victory, favorable pleas, dismissals, successful probation violation proceedings, and other positive outcomes. Bill Barnwell is a respected attorney in Royal Oak, Oakland County, and throughout Michigan. Call Bill at (810) 394-2952 to discuss your drunk driving, DUI, OWI, or any other criminal law or criminal defense matter.

With marijuana likely to be legalized in the upcoming November election, are people STILL actually going to jail for non-violent pot possession cases in Port Huron and St. Clair County?

The short answer is yes.

The purpose of this blog is not to talk about what should be true, but what is true. Now, is it likely that a first-offender is likely to go to jail for possession of marijuana in the 72nd District Court? Not likely. But it still has to be treated as a real concern. More likely, and a bigger concern, is when somebody is put on probation for possession of marijuana and violates their probation in some way, particularly by using again. In such a case, depending on what Judge a person draws, jail time becomes a more significant concern.

Furthermore, under state law, possession of marijuana is a one-year misdemeanor. To put in perspective, that is the same maximum penalty for aggravated assault. An aggravated assault is more than a simple assault and results in more serious injuries. Yet on paper, causing a person an aggravated injury after an illegal battery carries the same maximum penalty as merely having marijuana. Not dealing it. Not pushing it on other people. Just possessing it. Even if the possession is arguably beneficial for somebody who doesn’t have a Michigan Medical Marijuana card.

If you think the law is ridiculous, so do I. But again, I have to deal with what the law actually is, not what I and many others think it should be.

Recently I represented two different people in Port Huron on probation violation misdemeanors. One individual was facing their first violation on a possession of marijuana charge. They tested positive for pot several months into probation.

The probation office recommended one year in the St. Clair County Jail and closing the file.

Judges put weight on recommendations of their probation office and it is not at all unheard of for such sentences to be handed out. While this may not be common in other cities and jurisdictions, it can and does happen here. Thankfully I was able to convince a skeptical judge against adopting that proposal and giving my client (another) chance.

All this to say that even “small” cases like this cannot be blown off and require the services of an experienced criminal defense attorney.

Even after the law likely changes, there will still be provisions where people can be charged with illegal possession of marijuana. The ballot proposal does not apply to people under 21. People on probation will generally not be allowed to use marijuana, even if they have a medical card, except in rare circumstances. Also, just as the law is now, people will not be able to operate a motor vehicle after consuming marijuana. Prosecutors can charge such cases several different ways such as Operating While Intoxicated (OWI, DUI), Operating while in the Presence of a Controlled Substance, or Operating Under the Influence of Drugs. Absurdly, under current Michigan law, a person does not even need to be impaired if a blood draw reveals there was marijuana in their body while driving. All that needs to be proven was that any amount, even a minuscule amount, was present.

Think such cases don’t get charged? They do. I’m defending such cases right now.

This is just a surface level review of one area of criminal law. Many people do not understand our laws and understandably are frustrated by them. Public policy still is driven in large part by misinformation. Which is all the more reason you or your friends or loved ones need strong representation if anyone has been charged with a drug or alcohol crime such as possession of marijuana, intent to deliver, possession of analogues, OWI, DUI, drunk driving, or any other criminal offense that requires an experienced defense attorney.

For help in Port Huron and St. Clair County (Which includes Marysville, Fort Gratiot, Marine City, and all other cities in the county) in the 72nd District Court or the 31st Circuit Court for all felonies and misdemeanors contact Bill Barnwell of Barnwell Law directly at 810-394-2952.

Cases originating out of both the cities of Roseville and Fraser are heard in the 39th District Court located at 29733 Gratiot Ave, Roseville, MI 48066. If your case is being charged by either the City of Roseville or the City of Fraser, it will be prosecuted by a local City Attorney. If your case is a felony case, or certain misdemeanors, it will be prosecuted by the State of Michigan through either the Macomb County Prosecutor’s Office or the Michigan Attorney General’s office.

As explained elsewhere on this page, all cases begin with an arraignment. You can learn more about an arraignment and why it is important to retain an attorney before your arraignment, if possible. If you’ve already been arraigned, you can still retain your own attorney, even if the court has already appointed you an attorney. The general process of a criminal case in Roseville or Fraser is also explained here. 

Common charges in Roseville, Fraser and the 39th District Court are cases such as OWI, DUI, drunk driving, retail fraud, driving while license suspended, petty larceny or embezzlement charges, and a host of other misdemeanors that can be charged under local or state law. As of this writing, marijuana is still illegal to possess in Michigan. Many individuals are still charged with Possession of Marijuana, which under state law is a one-year misdemeanor. Even if somebody has a Michigan Medical Marijuana Card, they can still face misdemeanor charges of Illegal Transport, if they don’t allegedly properly comply with the law (MMMA). Still worse, many card-holders can find themselves charged with felony Distributing and Manufacturing if they allegedly distribute their product unlawfully.

Drug cases account for many misdemeanor and felony cases in Roseville and Fraser and throughout the Metro-Detroit area and the entire state. It is illegal to possess drugs such as marijuana, ecstasy, cocaine, methamphetamine (meth), crack, heroin, “magic mushrooms,” and other popular recreational drugs. The same is true for illegally possessing prescription drugs such as Xanax, Vicodin, and other common controlled substances that are illegal to possess without a valid prescription.

Even worse than a possession charge is a charge of Distributing and Manufacturing. In fact, a person doesn’t even have to sell a drug to be charged with this offense. If an individual gives a “sample” of cocaine, for instance, to an undercover officer, they are now facing a 20-year distributing charge rather than a 4-year possession charge. Currently, Roseville, Fraser, and surrounding areas have a heroin epidemic. Many individuals are being charged with possession of heroin or distributing heroin. Any drug related charge of any nature must be taken extremely seriously.

Under state law, there are any number of felonies a person can be charged with. These felonies can include larceny of a motor vehicle, criminal sexual conduct, CSC, sex crimes, internet crimes, and a host of other felonies. If you’ve been contacted by law enforcement do not speak without an attorney present. If you’ve been charged with a misdemeanor or felony or any kind, it is essential that you retain and hire a top-rated criminal defense attorney immediately.

Barnwell Law has extensive experience in the 39th District Court in Roseville. This includes both misdemeanor case dismissals and dismissals of felonies at the preliminary examination stage. Every single misdemeanor or felony case is unique and complex based on it’s own set of facts. So whether you’ve been charged with retail fraud, a DUI, OWI, drunk driving, a criminal sexual conduct sex crime charge, or any other offense, contact our attorney today.

Even if you have committed an offense, it may still be possible to keep the charge off your public record. And if your case cannot be proven or you have been wrongfully charged, our attorney has a winning record of Not Guilty verdicts before various juries.

Call anytime at (810) 394-2952. Your future and even freedom hangs in the balance. Hire an attorney that sees you not just as business, but who will care for you as a person and fight for you. 

As a successful criminal defense attorney, Bill Barnwell of Barnwell Law, PLLC has defended hundreds of clients throughout the State of Michigan. One county that our attorney devotes a good amount of time is St. Clair County. The biggest cities in St. Clair County are Port Huron, Marysville, and Fort Gratiot, but the county contains many other cities and townships listed below.

Cases in St. Clair County are heard in the 72nd District Court if they are misdemeanors. If they are felonies, they begin in the 72nd District Court and eventually are heard in the St. Clair County Circuit Court. The basic criminal procedure of St. Clair County, and the 72nd District and 31st Circuit Court, is briefly outlined here.

Attorney Bill Barnwell not only lived and has family in Port Huron, but spent several years on staff at a major non-profit institution in the area. As such, Bill is a respected community leader in the greater-Port Huron area even apart from his criminal law practice.

However, these two backgrounds are extremely useful for clients of Barnwell Law in St. Clair County. Our attorney has established credibility in the area. He also has defended numerous felony and misdemeanor cases out of Port Huron and St. Clair County.

When your freedom is on the line, you ideally want an attorney whose sole focus is criminal defense, but also is respected in the area. This is not to say that there are not many fine attorneys who practice both criminal defense and other areas of law. But would you rather have an attorney whose sole focus is criminal defense, or one might be preparing for your criminal trial one day and working on an unrelated land contract the next day? Barnwell Law purposely only focuses on criminal defense work for felonies and misdemeanors for clients inside of Port Huron, St. Clair County, and state-wide.

If you are facing a criminal charge inside of St. Clair County, Port Huron, or any other city inside of the county, it may be charged by the City Attorney’s Office or the St. Clair County Prosecutor’s Office. Barnwell Law has worked cases across from both the City Attorney’s office and the County Prosecutor’s office and has appeared before every Judge in the 72nd District Court and the 31st Circuit Court.

If you have been wrongfully accused, our firm has the skill set to successfully argue your case before a judge or jury. This includes felonies of all natures including homicide, criminal sexual conduct, sex crimes, embezzlement, felony drunk driving, drug crimes (cocaine, ecstasy, LSD, heroin, meth, and all other controlled substances), home invasion, breaking and entering, and all other felonies. It also includes misdemeanors such as DUI, OWI, drunk driving, retail fraud, possession of marijuana, driving while license suspended, misdemeanor larceny, misdemeanor embezzlement, hit and run charges, and all other misdemeanors.

Barnwell Law also defends against traffic cases in the 72nd District Court located in Port Huron and Marine City. If you have received a civil infraction that is a moving violation with “points”, it could dramatically affect your car insurance rates. Before paying your ticket, contact Barnwell Law, and it’s very likely your ticket could be dismissed, or negotiated to having no points and less or no impact on your car insurance rates.

Whatever the matter is, whether it is a “minor” traffic concern, or a serious misdemeanor or felony case, contact Barnwell Law to begin the Barnwell Defense. Our attorney knows your stress, your anxiety, and the hard-earned money you are putting towards hiring an attorney. He is respected in the Port Huron and St. Clair County areas and throughout the state.

St. Clair County is composed of the following cities: Port Huron, St. Clair, Marysville, Marine City, Algonac, Fort Gratiot Township, East China Township, Yale, Capac, Kimball Township, Casco Township, Clay Township, China Township, Port Huron Township, St. Clair Township, Ira Township, Emmett, Columbus Township, Kenockee Township, Cottrellville Township, Clyde Township, Burthchville Township, Brockway Township, Wales Township, Riley Township, Mussey Township, Berlin Township, Grant Township, Emmett Township, Greenwood Township, and Lynn Township.

If you have been charged with a crime in Port Huron or any of the above cities in St. Clair County, contact Barnwell Law today at (810) 394-2952 to schedule a consultation.