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.

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 Warren, MI, Macomb 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 any amount 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 Warren, Macomb County, 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 Macomb County, jail is possible, but unlikely with a strong defense (Note: Certain district courts in Oakland County and other areas are willing to impose jail on a first offense). 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 Macomb 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.

Each Judge in Warren  in the 37th District Court, and every other District Court and Circuit Court in Macomb County has their own style of handling cases. Our Attorney has appeared in front of every single one of them. Call Bill Barnwell of Barnwell Law today at (810) 394-2952 to discuss your drunk driving, DUI, OWI, or any other criminal law or criminal defense matter.

If you’ve been charged with a crime in the 37th District Court, you could be facing a misdemeanor or a felony. The 37th District Court has a court in Warren and a court in Center Line. There are four Judges in the 37th District Court: The Hon. John Chmura, the Hon. Suzanne Faunce, the Hon. Michael Chupa, and the Hon. Matthew Sabaugh.

If you are charged with a misdemeanor offense such as retail fraud, larceny, domestic violence, assault and battery, DUI or OWI, or any other charge that carries a maximum sentence of one year in the county jail your case will stay and ultimately be decided in the 37th District Court.

After you are arraigned, your case will be a set for a “Pretrial Conference.” At this later court date your defense attorney will meet with either an Assistant Prosecutor from the Macomb County Prosecutor’s Office of an Assistant City Attorney depending on whether the county or the city is charging the case. Occasionally a case can be prosecuted by the Michigan Attorney General’s Office.

There may be one or more pretrials. During the pretrials, your attorney will help you determine whether your case is best suited for a trial or for a favorable plea. Barnwell Law begins each case as the law requires: That accused individuals are presumed innocent. However, if a case results in a favorable plea it may be sentenced on the day of your plea or it may be sentenced at a later date.

Bill Barnwell has won jury trials in the 37th District Court, has had cases dismissed, and reached various favorable plea agreements. Certain plea agreements even can keep a criminal charge off your public record. Each case is fact specific and requires its own analysis and attention.

Each Judge in the 37th District Court has their own style in terms of setting bails, bond conditions, and sentencing. Bill has practiced extensively in front of each of the four judges in this Court, and also is very acquainted with the prosecutors for both Macomb County and Warren and Center-Line, as well as the probation department in the court.

If you have been charged with a felony of possession or dealing of drugs such as heroin, cocaine, methamphetamines (meth), LSD, and other illegal substances your case will begin in the 37th District Court and unless dismissed eventually be heard in the 16th Circuit Court in Macomb County. The same is true if you’ve been charged with any other felony such as embezzlement, felonious assault, assault with a dangerous weapon, home invasion, murder, homicide, criminal sexual conduct, sex crimes cases, or any other felony charge by the State of Michigan. We will talk more about the “bindover” process that takes a felony case from District Court to Circuit Court in a future post.

Bill has practiced before every single Judge in Macomb County Circuit Court and helped many clients produce solid outcomes and even dismissals and acquittals for felony cases.

The entire criminal process can be confusing for clients and overwhelming. This is why you need an experienced criminal defense attorney who is well-known throughout Michigan including Warren, Center Line, and Macomb County.

If you are looking for help, don’t wait, call Bill today at (810) 394-2952.