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        <title><![CDATA[Barnwell Law, PLLC]]></title>
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        <lastBuildDate>Tue, 11 Nov 2025 18:34:37 GMT</lastBuildDate>
        
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            <item>
                <title><![CDATA[What Happens After I’m Arrested in Macomb County?]]></title>
                <link>https://www.barnwelldefense.com/blog/what-happens-after-im-arrested-in-macomb-county/</link>
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                <dc:creator><![CDATA[Barnwell Law, PLLC]]></dc:creator>
                <pubDate>Tue, 11 Nov 2025 18:32:59 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>A Step-by-Step Guide from a Local Criminal Defense Lawyer 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&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<h3 class="wp-block-heading" id="h-a-step-by-step-guide-from-a-local-criminal-defense-lawyer"><em>A Step-by-Step Guide from a Local Criminal Defense Lawyer</em></h3>



<p>Being arrested in <strong>Macomb County</strong> 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 <strong>OWI</strong>, <strong>domestic violence</strong>, <strong>DUI, retail fraud, assault and battery,</strong> or another charge, knowing what to expect can make a huge difference in how you handle the situation.</p>



<p>As a <strong>Macomb County criminal defense attorney</strong>, 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.</p>



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<h2 class="wp-block-heading" id="h-1-the-arrest-and-booking-process"><strong>1. The Arrest and Booking Process</strong></h2>



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



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



<figure class="wp-block-image"><img loading="lazy" decoding="async" width="300" height="214" src="/static/2023/09/Bail.jpg" alt="" class="wp-image-569" /></figure>



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<h2 class="wp-block-heading" id="h-2-setting-bond-and-release-conditions"><strong>2. Setting Bond and Release Conditions</strong></h2>



<p>Within 72 hours, you’ll usually see a <strong>judge or magistrate</strong> for an <strong>arraignment</strong>. 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:</p>



<ul class="wp-block-list">
<li>You’re formally told what you’re charged with</li>



<li>The judge sets a <strong>bond (bail)</strong> amount or conditions of release</li>



<li>A <strong>no-contact order</strong> may be issued in domestic violence cases</li>



<li>You’re advised of your right to an attorney</li>
</ul>



<p>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. </p>



<figure class="wp-block-image size-full"><img loading="lazy" decoding="async" width="300" height="110" src="/static/2017/11/Cuffs.jpg" alt="Handcuffs" class="wp-image-574" /></figure>



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<h2 class="wp-block-heading" id="h-3-the-arraignment-and-plea-entry"><strong>3. The Arraignment and Plea Entry</strong></h2>



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



<p>If you want <strong>personalized attention</strong> 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. </p>



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<h2 class="wp-block-heading" id="h-4-pretrial-conferences-and-negotiations"><strong>4. Pretrial Conferences and Negotiations</strong></h2>



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



<ul class="wp-block-list">
<li>Review the <strong>police reports, dash/body-cam footage, and witness statements</strong></li>



<li>File motions to suppress evidence if your rights were violated</li>



<li>Negotiate with prosecutors for a dismissal, plea reduction, or diversion program</li>
</ul>



<p>In Macomb County, pretrial hearings are held in the <strong>district courts</strong> (for misdemeanors) or the <strong>16th Circuit Court in Mount Clemens</strong> (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. </p>



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<h2 class="wp-block-heading" id="h-5-trial-or-resolution"><strong>5. Trial or Resolution</strong></h2>



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



<p>Many clients worry about this stage, but remember: skilled defense work often leads to dismissals or reduced charges <em>before</em> 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. </p>



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<h2 class="wp-block-heading" id="h-6-sentencing-if-convicted-or-plea-agreement-reached"><strong>6. Sentencing (If Convicted or Plea Agreement Reached)</strong></h2>



<p>If convicted or if you take a plea, the judge will impose a <strong>sentence</strong> — which may include fines, probation, community service, or jail time. In some first-offense cases, your attorney can request <strong>deferrals or delayed sentences</strong> (for example, under <strong>MCL 769.4a</strong> in domestic violence cases or <strong>HYTA</strong> 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. </p>



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<h2 class="wp-block-heading" id="h-7-protecting-your-rights-from-day-one"><strong>7. Protecting Your Rights from Day One</strong></h2>



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



<p>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. </p>



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<h2 class="wp-block-heading" id="h-speak-with-a-local-macomb-county-defense-attorney"><strong>Speak With a Local Macomb County Defense Attorney</strong></h2>



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



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



<figure class="wp-block-image size-full"><img loading="lazy" decoding="async" width="782" height="782" src="/static/2023/11/BillPhoto.jpg" alt="" class="wp-image-814" srcset="/static/2023/11/BillPhoto.jpg 782w, /static/2023/11/BillPhoto-300x300.jpg 300w, /static/2023/11/BillPhoto-150x150.jpg 150w, /static/2023/11/BillPhoto-768x768.jpg 768w" sizes="auto, (max-width: 782px) 100vw, 782px" /></figure>
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                <title><![CDATA[Top Macomb County Domestic Violence Lawyer]]></title>
                <link>https://www.barnwelldefense.com/blog/top-macomb-county-domestic-violence-lawyer/</link>
                <guid isPermaLink="true">https://www.barnwelldefense.com/blog/top-macomb-county-domestic-violence-lawyer/</guid>
                <dc:creator><![CDATA[Barnwell Law, PLLC]]></dc:creator>
                <pubDate>Sun, 26 Nov 2023 18:59:06 GMT</pubDate>
                
                    <category><![CDATA[Felony]]></category>
                
                    <category><![CDATA[Misdemeanor]]></category>
                
                
                    <category><![CDATA[domestic violence]]></category>
                
                    <category><![CDATA[Felony]]></category>
                
                    <category><![CDATA[Macomb County]]></category>
                
                    <category><![CDATA[Misdemeanor]]></category>
                
                    <category><![CDATA[Warren]]></category>
                
                
                
                <description><![CDATA[<p>If you’re looking for a top Warren, MI domestic violence lawyer to represent you in Macomb County or anywhere else in Michigan, you’ll want to call my firm today. Over the years I have handled countless domestic violence cases. Often times these cases are great for trial because the evidence can be severely lacking or&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>If you’re looking for a top Warren, MI domestic violence lawyer to represent you in Macomb County or anywhere else in Michigan, you’ll want to call my firm today. Over the years I have handled countless domestic violence cases. Often times these cases are great for trial because the evidence can be severely lacking or the person making the accusation has a credibility issue or biases. Even if the case against you is strong, it’s very possible to get a good result. </p>



<figure class="wp-block-image size-full"><img loading="lazy" decoding="async" width="640" height="360" src="/static/2023/11/domestic.jpg" alt="" class="wp-image-811" srcset="/static/2023/11/domestic.jpg 640w, /static/2023/11/domestic-300x169.jpg 300w" sizes="auto, (max-width: 640px) 100vw, 640px" /></figure>



<h2 class="wp-block-heading" id="h-experienced-domestic-violence-lawyer">Experienced Domestic Violence Lawyer</h2>



<p>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.</p>



<h2 class="wp-block-heading" id="h-penalties-for-domestic-violence-in-michigan">Penalties for Domestic Violence in Michigan</h2>



<p>Domestic Violence cases are serious charges. Penalties include:</p>



<ul class="wp-block-list">
<li>Up to 93 days in jail for a first offense</li>



<li>Up to one year in jail for a second offense</li>



<li>Up to five years in prison for a third offense</li>



<li>Up to ten years in prison if the domestic case includes Assault with Intent to Do Great Bodily Harm Less than Murder/Strangulation</li>



<li>Additional years in prison for habitual felony offenses</li>



<li>Loss of firearm rights</li>



<li>No-Contact Orders with your own home that can limit your ability to see your children</li>



<li>Extensive probation including 26 week or 52 week domestic violence classes</li>



<li>Anger Management </li>



<li>Burdensome court fines and costs</li>



<li>Immigration consequences for non-US citizens.</li>
</ul>



<h2 class="wp-block-heading" id="h-can-you-help-me-keep-a-domestic-violence-charge-off-my-record">Can You Help Me Keep a Domestic Violence Charge Off My Record?</h2>



<p>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 <strong>always</strong> be a “private” record of the offense. You might hear this referred to as a <a href="https://www.legislature.mi.gov/(S(n2ccsigj0cgmsvi3xmrxpc5d))/mileg.aspx?page=GetObject&objectname=mcl-769-4a">“769.4a” plea </a>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. </p>



<p>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.” </p>



<p>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. </p>



<h2 class="wp-block-heading" id="h-so-should-i-just-try-and-keep-it-off-my-record">So Should I Just Try and Keep It Off My Record?</h2>



<p>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. </p>



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



<h2 class="wp-block-heading" id="h-call-today">Call Today!</h2>



<p>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, <a href="https://www.barnwelldefense.com/contact-us/">call today at (810) 394-2952 and let’s discuss your case.</a></p>
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                <title><![CDATA[Criminal Defense Attorney Cost and Fees]]></title>
                <link>https://www.barnwelldefense.com/blog/criminal-defense-attorney-cost-and-fees/</link>
                <guid isPermaLink="true">https://www.barnwelldefense.com/blog/criminal-defense-attorney-cost-and-fees/</guid>
                <dc:creator><![CDATA[Barnwell Law, PLLC]]></dc:creator>
                <pubDate>Fri, 10 Nov 2023 16:06:23 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                    <category><![CDATA[cost]]></category>
                
                    <category><![CDATA[Criminal Defense Lawyer]]></category>
                
                    <category><![CDATA[fees]]></category>
                
                
                
                <description><![CDATA[<p>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&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<figure class="wp-block-image size-full"><img loading="lazy" decoding="async" width="400" height="200" src="/static/2023/11/Legal-fees.webp" alt="" class="wp-image-799" srcset="/static/2023/11/Legal-fees.webp 400w, /static/2023/11/Legal-fees-300x150.webp 300w" sizes="auto, (max-width: 400px) 100vw, 400px" /></figure>



<p>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. </p>



<p>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:</p>



<ul class="wp-block-list">
<li>When someone’s first sentence is, “How much would you charge to do a case involving….”</li>



<li>“Do you do payment plans?”</li>



<li>“What’s the lowest you could do a case for…”</li>



<li>“How much do you cost?”</li>



<li>“Do you think I even need an attorney for this?”</li>
</ul>



<h2 class="wp-block-heading" id="h-but-i-don-t-want-a-court-appointed-attorney">“But I Don’t Want a Court-Appointed Attorney”</h2>



<p>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. </p>



<p>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. </p>



<h2 class="wp-block-heading" id="h-if-you-want-the-best-hire-the-best">If You Want The Best, Hire the Best</h2>



<figure class="wp-block-image size-full"><img loading="lazy" decoding="async" width="316" height="237" src="/static/2023/09/1585167674100_image3-1.jpg" alt="" class="wp-image-601" srcset="/static/2023/09/1585167674100_image3-1.jpg 316w, /static/2023/09/1585167674100_image3-1-300x225.jpg 300w" sizes="auto, (max-width: 316px) 100vw, 316px" /></figure>



<p>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, <a href="https://www.barnwelldefense.com/contact-us/">you are welcome to call to discuss your case. </a></p>



<h2 class="wp-block-heading" id="h-don-t-risk-your-future-and-go-cheap">Don’t Risk Your Future and Go “Cheap”</h2>



<p>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. </p>



<p>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. <a href="https://www.barnwelldefense.com/client-reviews/">Read actual client reviews, </a>and not just on an attorney’s own website, but independent websites like Google or <a href="https://www.avvo.com/attorneys/48092-mi-william-barnwell-4690993.html">Avvo. </a> 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. </p>



<p>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. </p>



<h2 class="wp-block-heading" id="h-up-front-and-clear-fees">Up-Front and Clear Fees</h2>



<p>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. </p>



<h2 class="wp-block-heading" id="h-letting-the-prosecutor-know-you-re-not-afraid-to-go-to-trial">Letting the Prosecutor Know You’re Not Afraid to Go To Trial</h2>



<p>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. </p>



<h2 class="wp-block-heading" id="h-call-today">Call Today</h2>



<p>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. <a href="https://www.barnwelldefense.com/contact-us/">Call Barnwell Law any time day or night at: (810) 394-2952</a></p>
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                <title><![CDATA[How Do I Get My DUI Case Dismissed?]]></title>
                <link>https://www.barnwelldefense.com/blog/how-do-i-get-my-dui-case-dismissed/</link>
                <guid isPermaLink="true">https://www.barnwelldefense.com/blog/how-do-i-get-my-dui-case-dismissed/</guid>
                <dc:creator><![CDATA[Barnwell Law, PLLC]]></dc:creator>
                <pubDate>Fri, 03 Nov 2023 00:03:16 GMT</pubDate>
                
                    <category><![CDATA[DUI]]></category>
                
                    <category><![CDATA[Macomb County]]></category>
                
                    <category><![CDATA[OWI]]></category>
                
                
                    <category><![CDATA[criminal defense]]></category>
                
                    <category><![CDATA[drunk driving]]></category>
                
                    <category><![CDATA[DUI]]></category>
                
                    <category><![CDATA[Macomb County]]></category>
                
                    <category><![CDATA[OWI]]></category>
                
                
                
                <description><![CDATA[<p>Is it possible to get a DUI dismissed in Macomb County or anywhere else in Michigan? It is, but don’t let a lot of lawyer and attorney websites fool you. Getting a flat out dismissal is the exception, not the rule to a DUI, OWI, OUIL and drunk driving case. These things happen, but they&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Is it possible to get a DUI dismissed in Macomb County or anywhere else in Michigan? </p>



<p>It is, but don’t let a lot of lawyer and attorney websites fool you. Getting a flat out dismissal is the exception, not the rule to a DUI, OWI, OUIL and drunk driving case. These things happen, but they don’t happen often, and they require a lot of skill and experience. Few attorneys have actually accomplished it, but Barnwell Law has. Read below how to get a DUI case dismissed. </p>



<figure class="wp-block-image size-full"><img loading="lazy" decoding="async" width="750" height="629" src="/static/2023/11/Case-dismissed.jpg" alt="" class="wp-image-788" srcset="/static/2023/11/Case-dismissed.jpg 750w, /static/2023/11/Case-dismissed-300x252.jpg 300w" sizes="auto, (max-width: 750px) 100vw, 750px" /></figure>



<p>If you are facing a DUI in Warren, Macomb County, Roseville, Troy, Detroit, or anywhere else in Michigan there are a couple different ways to get a drunk driving case dismissed:</p>



<ul class="wp-block-list">
<li>Challenge the police stop of the vehicle </li>



<li>Challenge the sufficiency of the evidence after your car was pulled over</li>



<li>Win the case in a bench or jury trial with a Not Guilty verdict. </li>
</ul>



<h2 class="wp-block-heading" id="h-dui-challenge-to-police-stop-of-your-vehicle">DUI Challenge to Police Stop of Your Vehicle</h2>



<p>Let’s start with challenging the stop. To make a traffic stop for a DUI or any other reason police have to witness a violation of traffic law or have “reasonable suspicion” of a crime to pull your car over. A violation of traffic law can be things such as speeding, running a red light, making an illegal turn, even a taillight that is out without your knowledge. If police see one of these things, they can pull your car over. Once the car is pulled over, often an officer will immediately suspect you have been drinking and begin asking how much you’ve had to drink. </p>



<p>This is why it is important to get dashcam video of the police stop of your vehicle in a DUI case. Sometimes, unfortunately, the video of the stop is not very clear. Other times it is very clear. If an officer says in their video that the only reason your car was stopped was because you were “weaving in lane” but the video shows something different, that can be a reason to challenge the stop. The more nebulous the officer’s reason is for stopping your car, the better the challenge will be in a pretrial motion. A pretrial motion in this type of case would be to suppress the stop. And if the stop is suppressed because it was unlawful, it therefore makes all the resulting fruits of the stop unlawful, even if you were in fact intoxicated. </p>



<p>Many people complain this is “getting off on a technicality.” But abiding by the 4th Amendment of the US and State constitutions is not a “technicality.” It is making sure the police have followed the law. And if they don’t follow the law, then your case can be dismissed. Barnwell Law recently obtained a dismissal from a prosecutor after the police dashcam claimed a client’s car was “weaving in the lane” and the video showed the car driving in a near perfect straight line. </p>



<h2 class="wp-block-heading" id="h-dui-breath-test-and-roadside-evidence-challenges">DUI Breath Test and Roadside Evidence Challenges</h2>



<p>Another way to get a DUI case dismissed in Macomb County and elsewhere is to challenge the evidence once the police stop your car. If you’re ever suspected of a DUI or drunk driving and the police pull over your vehicle, remember the phrase “Don’t walk, don’t talk, don’t blow.” All you are legally obligated to do is to present your identification and step out of the vehicle if ordered to do so. The police can’t make you do tests on the side of the road. <a href="https://www.barnwelldefense.com/blog/dui-breath-test-refusal/">Nor can they force you to blow into a PBT on the side of the road. </a></p>



<p>However, maybe you’ve read this page after you’ve already been arrested. While you can’t undo the past, a skilled DUI attorney can review the evidence. Once again, video can be crucial for cases that have good police bodycam or dashcam. The police will argue in nearly every police report that every single suspect failed the field sobriety tests (SFST’s). Yet, most police have had very, very minimal training on how to properly administer and interpret these tests. This can go a long way in a pretrial motion to suppress evidence or at trial. Sometimes the evidence and video is clear that somebody failed the tests. Other times, the evidence is not so clear and can be challenged. </p>



<p>This also includes challenging the blood or breath tests that police collect to demonstrate that you were over the legal limit of .08. The “Datamaster” breath machine at police stations is currently being phased out throughout Michigan. It is being replaced by the Intoxilyzer 9000. Police have minimal training on both of these devices. The machines must be properly calibrated or they can have readings that question their accuracy. Even blood draws, which are more accurate than breath tests, can face questions about chain of custody, proper procedure, and even accuracy in rare cases. In one DUI case, William Barnwell of Barnwell law was able to get a case dismissed before trial when a judge rules much of the evidence inadmissible. </p>



<h2 class="wp-block-heading" id="h-dui-trial">DUI Trial </h2>



<p>Another way to beat an OWI case is to go to a full-blown trial and get a Not Guilty verdict. Under the constitution, a person is entitled to a trial by a jury of their peers. In a misdemeanor trial, there will be six jurors who decide whether or not someone is guilty or not guilty. If it is a felony DUI case or any other type of felony, there will be a jury of twelve individuals. A jury verdict must be unanimous. That means if there is even one holdout, the judge will declare a mistrial. If there is a mistrial there is no conviction. It will then be up to the prosecutor whether they want to retry the case.</p>



<p>Barnwell Law is one of the rare DUI attorneys who has taken a drunk driving case to trial and won. Very few DUI and OWI cases go to trial. Even fewer get Not Guilty verdicts. <a href="https://www.barnwelldefense.com/blog/macomb-county-warren-sterling-heights/">William Barnwell of Barnwell Law has even won acquittals on 2nd Offense DUI cases. </a>A Not Guilty verdict can be won by challenging whether a driver really was over the legal limit, whether the offer really had a basis to believe they were impaired if they were under the legal limit, and whether the person charged was actually driving <em>while </em>they were intoxicated. Sometimes police make contact with a vehicle minutes or even hours after they were actually driving and didn’t witness who the driver was, or when this person was driving. </p>



<h2 class="wp-block-heading" id="h-win-your-detroit-michigan-and-macomb-county-case">Win Your Detroit, Michigan, and Macomb County Case</h2>



<p>The above contains only a sample of defenses that can be used in a DUI or OWI case. Where other attorneys are quick to just go for a plea bargain, Bill Barnwell will carefully evaluate your case to determine if a plea is really in your interest, or whether your case is suitable for trial. </p>



<p>While difficult and requiring great skill, Barnwell Law has a history of results in getting DUI, OWI, and drunk driving cases dismissed. <a href="https://www.barnwelldefense.com/contact-us/">Call Barnwell Law today at (810) 394-2952</a> to begin your DUI defense. </p>



<figure class="wp-block-image size-full"><img loading="lazy" decoding="async" width="1000" height="667" src="/static/2023/11/Police-officer-arrests-drunk-driver.jpg" alt="" class="wp-image-789" srcset="/static/2023/11/Police-officer-arrests-drunk-driver.jpg 1000w, /static/2023/11/Police-officer-arrests-drunk-driver-300x200.jpg 300w, /static/2023/11/Police-officer-arrests-drunk-driver-768x512.jpg 768w" sizes="auto, (max-width: 1000px) 100vw, 1000px" /></figure>
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                <title><![CDATA[DUI Breath Test Refusal]]></title>
                <link>https://www.barnwelldefense.com/blog/dui-breath-test-refusal/</link>
                <guid isPermaLink="true">https://www.barnwelldefense.com/blog/dui-breath-test-refusal/</guid>
                <dc:creator><![CDATA[Barnwell Law, PLLC]]></dc:creator>
                <pubDate>Mon, 30 Oct 2023 21:37:33 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                    <category><![CDATA[breath test refusal]]></category>
                
                    <category><![CDATA[drunk driving]]></category>
                
                    <category><![CDATA[DUI]]></category>
                
                    <category><![CDATA[OWI]]></category>
                
                    <category><![CDATA[PBT]]></category>
                
                
                
                <description><![CDATA[<p>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&hellip;</p>
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<figure class="wp-block-image size-full"><img loading="lazy" decoding="async" width="500" height="334" src="/static/2023/09/shutterstock_1103219414_1604615779_e1f5355676ce1c99c9a63a43297c8e7d8a.jpg" alt="" class="wp-image-117" srcset="/static/2023/09/shutterstock_1103219414_1604615779_e1f5355676ce1c99c9a63a43297c8e7d8a.jpg 500w, /static/2023/09/shutterstock_1103219414_1604615779_e1f5355676ce1c99c9a63a43297c8e7d8a-300x200.jpg 300w" sizes="auto, (max-width: 500px) 100vw, 500px" /></figure>



<p>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. </p>



<p>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.</p>



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



<ul class="wp-block-list">
<li>Bloodshot, watery eyes</li>



<li>Strong smell of alcohol</li>



<li>Slurred speech</li>



<li>Driver looks or sounds confused</li>
</ul>



<p>Upon suspicion of intoxication, an officer will ask somebody to get out of the vehicle. Contrary to popular opinion, a driver<em> does </em>have to exit a vehicle upon being ordered to do so by a police officer. What a driver does <em>not</em> 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.”</p>



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



<p>No. You won’t. </p>



<p>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. </p>



<p>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. </p>



<p>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.</p>



<p>Why the distinction from the roadside PBT?</p>



<p>It is because of the<a href="https://www.legislature.mi.gov/(S(w0an4zj250bw45xtydotyl0g))/mileg.aspx?page=GetObject&objectname=mcl-257-625a"> Michigan Implied Consent Law</a>. 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. </p>



<p>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. </p>



<p>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. </p>



<p>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. </p>



<p>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. </p>



<p>Regardless of the situation, your case deserves a vigorous and zealous defense. If you are facing a DUI or a DUI Breath Test Refusal <a href="https://www.barnwelldefense.com/contact-us/">Contact Bill Barnwell of Barnwell Law today</a> for your Warren, Macomb County, Oakland County, Wayne County, or Michigan based DUI and OWI case. </p>
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                <title><![CDATA[Top Macomb County Trial Criminal Lawyer]]></title>
                <link>https://www.barnwelldefense.com/blog/macomb-county-warren-sterling-heights/</link>
                <guid isPermaLink="true">https://www.barnwelldefense.com/blog/macomb-county-warren-sterling-heights/</guid>
                <dc:creator><![CDATA[Barnwell Law, PLLC]]></dc:creator>
                <pubDate>Thu, 26 Oct 2023 14:58:09 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                    <category><![CDATA[Attorney]]></category>
                
                    <category><![CDATA[Best]]></category>
                
                    <category><![CDATA[Lawyer]]></category>
                
                    <category><![CDATA[Macomb County]]></category>
                
                    <category><![CDATA[Sterling Heights]]></category>
                
                    <category><![CDATA[Top]]></category>
                
                    <category><![CDATA[Trial]]></category>
                
                    <category><![CDATA[Warren]]></category>
                
                
                
                <description><![CDATA[<p>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.&hellip;</p>
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                <content:encoded><![CDATA[
<figure class="wp-block-image size-full"><img loading="lazy" decoding="async" width="316" height="237" src="/static/2023/09/Media_2-1.jpg" alt="" class="wp-image-595" srcset="/static/2023/09/Media_2-1.jpg 316w, /static/2023/09/Media_2-1-300x225.jpg 300w" sizes="auto, (max-width: 316px) 100vw, 316px" /></figure>



<p>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.</p>



<p>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. </p>



<p>The jury trials took place in: </p>



<ul class="wp-block-list">
<li> The 37th District Court in Warren (Two separate trials)</li>



<li>The 16th Circuit Court in Mount Clemens</li>



<li>The 42nd District Court in Romeo</li>



<li>The 73B District Court in Huron County/Bad Axe</li>



<li>The 64B District Court in Montcalm County/Stanton</li>
</ul>



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



<ul class="wp-block-list">
<li>Assault and Battery</li>



<li>Domestic Violence</li>



<li>Felonious Assault</li>



<li>Embezzlement </li>



<li>Drunk Driving 2nd Offense (DUI) (OWI) (OUIL)</li>



<li>Criminal Sexual Conduct 1st Degree</li>
</ul>



<p>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. </p>



<p>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.</p>



<p>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. </p>



<p>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. </p>



<p>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. </p>



<p>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. </p>



<p><a href="https://www.barnwelldefense.com/contact-us/">Contact William Barnwell today</a> to take charge of your defense. He can be reached day or night at (810) 394-2952. Call today. </p>
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                <title><![CDATA[Royal Oak Criminal Defense Attorney]]></title>
                <link>https://www.barnwelldefense.com/blog/royal-oak-criminal-defense-attorney/</link>
                <guid isPermaLink="true">https://www.barnwelldefense.com/blog/royal-oak-criminal-defense-attorney/</guid>
                <dc:creator><![CDATA[Barnwell Law, PLLC Team]]></dc:creator>
                <pubDate>Wed, 17 Nov 2021 22:44:00 GMT</pubDate>
                
                    <category><![CDATA[44th District Court]]></category>
                
                    <category><![CDATA[DUI]]></category>
                
                    <category><![CDATA[Felony]]></category>
                
                    <category><![CDATA[Misdemeanor]]></category>
                
                    <category><![CDATA[OWI]]></category>
                
                
                    <category><![CDATA[assault]]></category>
                
                    <category><![CDATA[battery]]></category>
                
                    <category><![CDATA[Berkley]]></category>
                
                    <category><![CDATA[disorderly conduct]]></category>
                
                    <category><![CDATA[domestic violence]]></category>
                
                    <category><![CDATA[drug charges]]></category>
                
                    <category><![CDATA[drugs]]></category>
                
                    <category><![CDATA[drunk driving]]></category>
                
                    <category><![CDATA[DUI]]></category>
                
                    <category><![CDATA[Misdemeanor]]></category>
                
                    <category><![CDATA[Oakland County]]></category>
                
                    <category><![CDATA[OWI]]></category>
                
                    <category><![CDATA[public intoxication]]></category>
                
                    <category><![CDATA[retail fraud]]></category>
                
                    <category><![CDATA[Royal Oak]]></category>
                
                    <category><![CDATA[sex crimes]]></category>
                
                
                
                <description><![CDATA[<p>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&hellip;</p>
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<figure class="alignright size-full"><img loading="lazy" decoding="async" width="369" height="127" src="/static/2023/09/roayl-oak.jpg" alt="" class="wp-image-166" srcset="/static/2023/09/roayl-oak.jpg 369w, /static/2023/09/roayl-oak-300x103.jpg 300w" sizes="auto, (max-width: 369px) 100vw, 369px" /></figure>
</div>


<p>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&nbsp;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.&nbsp;</p>



<p>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.</p>


<div class="wp-block-image">
<figure class="alignright size-full is-resized"><img decoding="async" src="/static/2021/11/Screenshot-2023-09-18-at-16.49.36.png" alt="" class="wp-image-471" style="width:300px" width="300" srcset="/static/2021/11/Screenshot-2023-09-18-at-16.49.36.png 467w, /static/2021/11/Screenshot-2023-09-18-at-16.49.36-300x224.png 300w" sizes="(max-width: 467px) 100vw, 467px" /></figure>
</div>


<p>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.&nbsp;</p>



<p>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.</p>



<p>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.&nbsp;</p>
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                <title><![CDATA[Recent Changes to the 39th District Court for Roseville and Fraser]]></title>
                <link>https://www.barnwelldefense.com/blog/recent-changes-to-the-39th-district-court-for-roseville-and-fraser/</link>
                <guid isPermaLink="true">https://www.barnwelldefense.com/blog/recent-changes-to-the-39th-district-court-for-roseville-and-fraser/</guid>
                <dc:creator><![CDATA[Barnwell Law, PLLC Team]]></dc:creator>
                <pubDate>Tue, 01 Dec 2020 23:32:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>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&nbsp;Hakim and the Honorable Kathleen Tocco. Prior to taking the bench, Judge Hakim’s practice focused primarily on criminal defense and&hellip;</p>
]]></description>
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<figure class="alignright size-large is-resized"><img decoding="async" src="/static/2023/09/law-theme-mallet-of-judge-wo-34470233-1024x683.jpg" alt="" class="wp-image-497" style="width:300px" width="300" srcset="/static/2023/09/law-theme-mallet-of-judge-wo-34470233-1024x683.jpg 1024w, /static/2023/09/law-theme-mallet-of-judge-wo-34470233-300x200.jpg 300w, /static/2023/09/law-theme-mallet-of-judge-wo-34470233-768x512.jpg 768w, /static/2023/09/law-theme-mallet-of-judge-wo-34470233.jpg 1060w" sizes="(max-width: 1024px) 100vw, 1024px" /></figure>
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<p>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&nbsp;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.</p>



<p>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&nbsp;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.</p>



<p>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.</p>



<p>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.</p>



<p>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.</p>
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                <title><![CDATA[Royal Oak Drug, Alcohol, DUI, OWI Offenses]]></title>
                <link>https://www.barnwelldefense.com/blog/royal-oak-drug-alcohol-dui-owi-offenses/</link>
                <guid isPermaLink="true">https://www.barnwelldefense.com/blog/royal-oak-drug-alcohol-dui-owi-offenses/</guid>
                <dc:creator><![CDATA[Barnwell Law, PLLC Team]]></dc:creator>
                <pubDate>Mon, 22 Oct 2018 23:39:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>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&hellip;</p>
]]></description>
                <content:encoded><![CDATA[<div class="wp-block-image">
<figure class="alignright size-full"><img loading="lazy" decoding="async" width="369" height="127" src="/static/2023/09/roayl-oak.jpg" alt="44TH District Court" class="wp-image-166" srcset="/static/2023/09/roayl-oak.jpg 369w, /static/2023/09/roayl-oak-300x103.jpg 300w" sizes="auto, (max-width: 369px) 100vw, 369px" /></figure>
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<p>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.  <a href="/criminal-defense/drug-alcohol-crimes/">There are several different types of Drunk Driving cases:</a></p>



<ol class="wp-block-list">
<li>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.</li>



<li>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.</li>



<li>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.</li>



<li>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.</li>



<li>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&nbsp;<em>any</em>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.</li>



<li>A person can also be charged with Operating Under the Influence of Drugs. For instance, if a person has&nbsp;<strong><em>any</em>&nbsp;</strong>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.</li>
</ol>



<p>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. <a href="/researching-attorneys/why-barnwell-law/">By employing the Barnwell Defense, </a>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.</p>
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                <title><![CDATA[Does Marijuana Equal Jail In Port Huron and St. Clair County?]]></title>
                <link>https://www.barnwelldefense.com/blog/does-marijuana-equal-jail-in-port-huron-and-st-clair-county/</link>
                <guid isPermaLink="true">https://www.barnwelldefense.com/blog/does-marijuana-equal-jail-in-port-huron-and-st-clair-county/</guid>
                <dc:creator><![CDATA[Barnwell Law, PLLC Team]]></dc:creator>
                <pubDate>Sat, 22 Sep 2018 23:43:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>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&hellip;</p>
]]></description>
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<p>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?</p>



<p>The short answer is yes.</p>



<p>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.</p>



<p>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.</p>



<p>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.</p>



<p>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.</p>



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



<p>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.</p>



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



<p>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&nbsp;<em>does not even need to be impaired&nbsp;</em>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.</p>



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



<p>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.</p>



<p>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.</p>
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                <title><![CDATA[The 43rd District Court, Madison Heights, Ferndale, and Hazel Park — All Misdemeanors and Felonies]]></title>
                <link>https://www.barnwelldefense.com/blog/the-43rd-district-court-madison-heights-ferndale-and-hazel-park-all-misdemeanors-and-felonies/</link>
                <guid isPermaLink="true">https://www.barnwelldefense.com/blog/the-43rd-district-court-madison-heights-ferndale-and-hazel-park-all-misdemeanors-and-felonies/</guid>
                <dc:creator><![CDATA[Barnwell Law, PLLC Team]]></dc:creator>
                <pubDate>Mon, 02 Apr 2018 15:36:00 GMT</pubDate>
                
                    <category><![CDATA[43rd District Court]]></category>
                
                
                    <category><![CDATA[43rd District Court]]></category>
                
                    <category><![CDATA[alcohol]]></category>
                
                    <category><![CDATA[assault]]></category>
                
                    <category><![CDATA[battery]]></category>
                
                    <category><![CDATA[domestic violence]]></category>
                
                    <category><![CDATA[drugs]]></category>
                
                    <category><![CDATA[DUI]]></category>
                
                    <category><![CDATA[Felony]]></category>
                
                    <category><![CDATA[Ferndale]]></category>
                
                    <category><![CDATA[hazel park]]></category>
                
                    <category><![CDATA[home invasion]]></category>
                
                    <category><![CDATA[homicide]]></category>
                
                    <category><![CDATA[Madison Heights]]></category>
                
                    <category><![CDATA[Misdemeanor]]></category>
                
                    <category><![CDATA[murder]]></category>
                
                    <category><![CDATA[OWI]]></category>
                
                    <category><![CDATA[retail fraud]]></category>
                
                
                
                <description><![CDATA[<p>If you have been charged with a misdemeanor or felony offense in the 43rd District Court, your case will be heard in one of the three branches of the 43rd District Court that exist in Ferndale, Madison Heights, or Hazel Park. Depending on where the offense was alleged to have occurred will determine which branch&hellip;</p>
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<figure class="alignright size-full is-resized"><img decoding="async" src="/static/2023/09/10-BEST-CLA.jpg" alt="" class="wp-image-513" style="width:300px" width="300" srcset="/static/2023/09/10-BEST-CLA.jpg 452w, /static/2023/09/10-BEST-CLA-199x300.jpg 199w" sizes="(max-width: 452px) 100vw, 452px" /></figure>
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<p>If you have been charged with a misdemeanor or felony offense in the 43rd District Court, your case will be heard in one of the three branches of the 43rd District Court that exist in Ferndale, Madison Heights, or Hazel Park. Depending on where the offense was alleged to have occurred will determine which branch of the 43rd District Court will hear your case.</p>



<p>The 43rd District Court of Ferndale, Madison Heights, and Hazel Park is located in Oakland County. Oakland County is considered to be one of the “toughest” Counties in the state for criminal defendants. The presiding Judge in Ferndale is Judge Joseph Longo. The presiding Judge in Madison Heights is Judge Keith Hunt, and the presiding Judge in Hazel Park is Judge Charles Goedert. Many attorneys and defendants consider these “tough” Judges, and some attorneys will not practice in certain wings of the 43rd District Court. However, attorney William (Bill) Barnwell of Barnwell Law, PLLC has represented numerous clients in Ferndale, Hazel Park, and Madison Heights and is not afraid of these Courts and is happy to take your case and provide you with a top-notch defense.</p>



<p>Barnwell Law has represented individuals accused of various misdemeanors and felonies in these courts including DUI, OWI, other alcohol-related offenses, Indecent Exposure, Disorderly Conduct, drug crimes, Home Invasion, Breaking and Entering, Resisting Arrest (alleged offenses against the police), Driving While License Suspended, traffic matters, Assault, Battery, Domestic Violence, and a host of other offenses that range from serious felonies, to lower level misdemeanors. This list is not exhaustive, but our attorney has successfully represented numerous individuals before all three Judges and Courts of various misdemeanor and felony allegations.</p>



<p>If you are facing a misdemeanor, such as Retail Fraud in the 3rd or 2nd Degree, your case will stay in the 43rd District Court in Ferndale, Madison Heights, or Hazel Park (depending on where the crime was alleged to have occurred). If you are being charged with any felony, whether it is drug or alcohol related (substances such as heroin, cocaine, meth, mushrooms, marijuana, a 3rd Drunk Driving/DUI/OWI offense, etc), a property offense such as felony larceny or embezzlement, home invasion, breaking and entering, a homicide or murder related allegation, etc, then your case will begin in Ferndale, Madison Heights, or Hazel Park, and if not dismissed at your Probable Cause Hearing, traditionally known as a Preliminary Exam, the case will proceed to the Oakland County Circuit Court in Pontiac.</p>



<p>It can not be emphasized enough how “tough” the Courts can be in the 43rd District and Oakland County overall. This is why you need an attorney experienced not only with Criminal Law, but each branch of the 43rd District, as well as the 6th Circuit Oakland County Circuit Court in Pontiac if you are facing a felony. Our attorney is not afraid to take your case to trial in any of these Courts. He has a winning trial record across Michigan and Metro-Detroit for various misdemeanor and felony trials, as well as a well-documented record of success for clients who do not want to take their cases to trial, but instead desire to work out some other favorable form of resolution.</p>



<p>If you have been charged with an offense anywhere in Oakland County, such as with the 43rd District Court’s jurisdiction of Ferndale, Hazel Park, or Madison Heights, or a felony case that will ultimately be heard in the Oakland County Circuit Court in Pontiac, it is essential that you call Bill Barnwell of Barnwell Law today.</p>



<p>Our attorney is on call 24/7 and will take your call in your time of need, or respond to your message as soon as possible. Our attorney is also an exclusive criminal defense attorney who has been highly ranked by his peers, the overall legal community, and countless previous clients.</p>



<p>Call Bill of Barnwell Law, PLLC today at (810) 394-2952 to schedule your consultation.</p>
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                <title><![CDATA[Aggravated Indecent Exposure/Indecent Exposure]]></title>
                <link>https://www.barnwelldefense.com/blog/aggravated-indecent-exposure-indecent-exposure/</link>
                <guid isPermaLink="true">https://www.barnwelldefense.com/blog/aggravated-indecent-exposure-indecent-exposure/</guid>
                <dc:creator><![CDATA[Barnwell Law, PLLC Team]]></dc:creator>
                <pubDate>Fri, 23 Feb 2018 15:38:00 GMT</pubDate>
                
                    <category><![CDATA[31st Circuit Court]]></category>
                
                    <category><![CDATA[37th Circuit Court]]></category>
                
                    <category><![CDATA[72nd Circuit Court]]></category>
                
                    <category><![CDATA[Felony]]></category>
                
                    <category><![CDATA[Macomb County]]></category>
                
                    <category><![CDATA[Oakland County]]></category>
                
                    <category><![CDATA[Port Huron]]></category>
                
                    <category><![CDATA[Warren]]></category>
                
                    <category><![CDATA[Wayne County]]></category>
                
                
                    <category><![CDATA[Detroit]]></category>
                
                    <category><![CDATA[Felony]]></category>
                
                    <category><![CDATA[Ferndale]]></category>
                
                    <category><![CDATA[Indecent exposure]]></category>
                
                    <category><![CDATA[Macomb County]]></category>
                
                    <category><![CDATA[Misdemeanor]]></category>
                
                    <category><![CDATA[Oakland County]]></category>
                
                    <category><![CDATA[Port Huron]]></category>
                
                    <category><![CDATA[Roseville]]></category>
                
                    <category><![CDATA[sex crimes]]></category>
                
                    <category><![CDATA[Warren]]></category>
                
                    <category><![CDATA[Wayne County]]></category>
                
                
                
                <description><![CDATA[<p>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&hellip;</p>
]]></description>
                <content:encoded><![CDATA[<div class="wp-block-image">
<figure class="alignright size-full is-resized"><img decoding="async" src="/static/2023/09/NACDA-Badge-2017.png" alt="" class="wp-image-519" style="width:300px" width="300" srcset="/static/2023/09/NACDA-Badge-2017.png 335w, /static/2023/09/NACDA-Badge-2017-300x242.png 300w" sizes="(max-width: 335px) 100vw, 335px" /></figure>
</div>


<p>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&nbsp;as a felony. A regular Indecent Exposure is a serious misdemeanor that carries up to one-year in the county jail.</p>



<p>Depending upon certain prior offenses, a conviction for Indecent Exposure or Aggravated Indecent exposure&nbsp;could land a client on the SORA Registry (Sex Offender Registry Act).<br>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.</p>



<p>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.</p>



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



<p>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.</p>



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



<p>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.</p>



<p>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.</p>
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                <title><![CDATA[Charged with a DUI or OWI in Warren or Macomb County?]]></title>
                <link>https://www.barnwelldefense.com/blog/charged-with-a-dui-or-owi-in-warren-or-macomb-county/</link>
                <guid isPermaLink="true">https://www.barnwelldefense.com/blog/charged-with-a-dui-or-owi-in-warren-or-macomb-county/</guid>
                <dc:creator><![CDATA[Barnwell Law, PLLC Team]]></dc:creator>
                <pubDate>Wed, 31 Jan 2018 15:48:00 GMT</pubDate>
                
                    <category><![CDATA[37th Circuit Court]]></category>
                
                    <category><![CDATA[DUI]]></category>
                
                    <category><![CDATA[Felony]]></category>
                
                    <category><![CDATA[Macomb County]]></category>
                
                    <category><![CDATA[OWI]]></category>
                
                    <category><![CDATA[Warren]]></category>
                
                
                    <category><![CDATA[16th Circuit Court]]></category>
                
                    <category><![CDATA[37th District Court]]></category>
                
                    <category><![CDATA[Armada]]></category>
                
                    <category><![CDATA[Armada Township]]></category>
                
                    <category><![CDATA[Bruce Township]]></category>
                
                    <category><![CDATA[Center Line]]></category>
                
                    <category><![CDATA[Chesterfield Township]]></category>
                
                    <category><![CDATA[drunk driving]]></category>
                
                    <category><![CDATA[DUI]]></category>
                
                    <category><![CDATA[Eastpointe]]></category>
                
                    <category><![CDATA[Fraser]]></category>
                
                    <category><![CDATA[Lenox Township]]></category>
                
                    <category><![CDATA[Macomb County]]></category>
                
                    <category><![CDATA[Macomb Township]]></category>
                
                    <category><![CDATA[Mount Clemens]]></category>
                
                    <category><![CDATA[New Baltimore]]></category>
                
                    <category><![CDATA[New Haven]]></category>
                
                    <category><![CDATA[OWI]]></category>
                
                    <category><![CDATA[OWVI]]></category>
                
                    <category><![CDATA[Ray Township]]></category>
                
                    <category><![CDATA[Richmond Township]]></category>
                
                    <category><![CDATA[Romeo]]></category>
                
                    <category><![CDATA[Roseville]]></category>
                
                    <category><![CDATA[Shelby Township]]></category>
                
                    <category><![CDATA[St. Clair Shores]]></category>
                
                    <category><![CDATA[Sterling Heights]]></category>
                
                    <category><![CDATA[Utica]]></category>
                
                    <category><![CDATA[Warren]]></category>
                
                    <category><![CDATA[Washington Township]]></category>
                
                
                
                <description><![CDATA[<p>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&hellip;</p>
]]></description>
                <content:encoded><![CDATA[<div class="wp-block-image">
<figure class="alignright size-full is-resized"><img decoding="async" src="/static/2023/09/Suspected_drunk_driver_kills_65_year_old_1_1181633_ver1.0_640_360.jpg" alt="Charged with a DUI or OWI in Warren or Macomb County?" class="wp-image-526" style="width:300px" width="300" srcset="/static/2023/09/Suspected_drunk_driver_kills_65_year_old_1_1181633_ver1.0_640_360.jpg 640w, /static/2023/09/Suspected_drunk_driver_kills_65_year_old_1_1181633_ver1.0_640_360-300x169.jpg 300w" sizes="(max-width: 640px) 100vw, 640px" /></figure>
</div>


<p>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. <a href="/criminal-defense/drug-alcohol-crimes/">There are several different types of Drunk Driving cases:</a></p>



<ol class="wp-block-list">
<li>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.</li>



<li>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.</li>



<li>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.</li>



<li>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.</li>



<li>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&nbsp;<em>any</em>&nbsp;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.</li>



<li>A person can also be charged with Operating Under the Influence of Drugs. For instance, if a person has&nbsp;<strong><em>any</em>&nbsp;</strong>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.</li>
</ol>



<p>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.</p>



<p>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.</p>



<p>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.</p>



<p>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.</p>



<p>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. <a href="/researching-attorneys/why-barnwell-law/">By employing the Barnwell Defense, </a>your case will have a far better chance at securing a favorable outcome than by employing a standard “Meet em’ and plead em” defense.</p>



<p>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.</p>



<p>Each Judge in <a href="/courts/macomb-county/warren/">Warren </a> in the <a href="/blog/facing-a-charge-in-the-37th-district-court-in-warren-or-center-line-barnwell-law-can-help/">37th District Court, </a>and every other District Court and Circuit Court in <a href="/courts/macomb-county/macomb-county-circuit-court/">Macomb County</a> 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.<a href="https://barnwelldefense.com/files/2018/01/Suspected_drunk_driver_kills_65_year_old_1_1181633_ver1.0_640_360.jpg"></a></p>
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                <title><![CDATA[Top Flint and Genesee County Felony and Misdemeanor Attorney]]></title>
                <link>https://www.barnwelldefense.com/blog/top-flint-and-genesee-county-felony-and-misdemeanor-attorney/</link>
                <guid isPermaLink="true">https://www.barnwelldefense.com/blog/top-flint-and-genesee-county-felony-and-misdemeanor-attorney/</guid>
                <dc:creator><![CDATA[Barnwell Law, PLLC Team]]></dc:creator>
                <pubDate>Fri, 26 Jan 2018 16:13:00 GMT</pubDate>
                
                    <category><![CDATA[67th District Court]]></category>
                
                    <category><![CDATA[7th Circuit Court]]></category>
                
                    <category><![CDATA[Flint]]></category>
                
                    <category><![CDATA[Genesee County]]></category>
                
                
                    <category><![CDATA[67th District Court]]></category>
                
                    <category><![CDATA[7th Circuit Court]]></category>
                
                    <category><![CDATA[Argentine Township]]></category>
                
                    <category><![CDATA[Atlas Township]]></category>
                
                    <category><![CDATA[Burton]]></category>
                
                    <category><![CDATA[Clayton Township]]></category>
                
                    <category><![CDATA[Clio]]></category>
                
                    <category><![CDATA[CSC]]></category>
                
                    <category><![CDATA[Davison]]></category>
                
                    <category><![CDATA[Davison Township]]></category>
                
                    <category><![CDATA[drug charges]]></category>
                
                    <category><![CDATA[drunk driving]]></category>
                
                    <category><![CDATA[DUI]]></category>
                
                    <category><![CDATA[Felony]]></category>
                
                    <category><![CDATA[Fenton Township]]></category>
                
                    <category><![CDATA[Flint]]></category>
                
                    <category><![CDATA[Flint Township]]></category>
                
                    <category><![CDATA[Flushing]]></category>
                
                    <category><![CDATA[Flushing Township]]></category>
                
                    <category><![CDATA[Forest Township]]></category>
                
                    <category><![CDATA[Gaines]]></category>
                
                    <category><![CDATA[Gaines Township]]></category>
                
                    <category><![CDATA[Genesee]]></category>
                
                    <category><![CDATA[Genesee County]]></category>
                
                    <category><![CDATA[Goodrich]]></category>
                
                    <category><![CDATA[Grand Blanc]]></category>
                
                    <category><![CDATA[Grand Blanc Township]]></category>
                
                    <category><![CDATA[heroin]]></category>
                
                    <category><![CDATA[homicide]]></category>
                
                    <category><![CDATA[Montrose Township]]></category>
                
                    <category><![CDATA[Mount Morris Township]]></category>
                
                
                
                <description><![CDATA[<p>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 Genesee County. If you’ve been charged with a misdemeanor offense in Genesee County such as DUI, OWI, or drunk driving, or a felony, you are likely very concerned and want&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>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 Genesee County.</p>



<p>If you’ve been charged with a misdemeanor offense in Genesee County such as <a href="/criminal-defense/drug-alcohol-crimes/">DUI, OWI, or drunk driving</a>, or a felony, you are likely very concerned and want excellent defense representation. Genesee County, Flint, and many cities inside Genesee County see a lot of drug and alcohol related cases. Other common misdemeanors in Genesee County and most other courts are <a href="/criminal-defense/drug-alcohol-crimes/marijuana-offenses/">drug crimes,</a> including misdemeanor offenses such as possession of marijuana, driving while license suspended, retail fraud, assault, assault and battery, and various other misdemeanor offenses.</p>



<p>Far more serious is felony offenses such as possession of drugs, including <a href="/criminal-defense/drug-alcohol-crimes/heroin-offenses/">heroin</a>, <a href="/criminal-defense/drug-alcohol-crimes/cocaine-offenses/">cocaine</a>, 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.</p>



<p>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.</p>



<p>There are a host of other commonly charged offenses that range from retail fraud, larceny, embezzlement, home invasion, breaking and entering, <a href="/criminal-defense/sex-crimes/">criminal sexual conduct, sex crimes,</a> 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. Despite popular perception, there are instances of people wrongfully accused of rape, criminal sexual conduct, and other forms of alleged sex crimes.</p>



<p>The city of Flint has one of the highest homicide rates per percentage of population in the United States. Those accused of violent crimes are sometimes wrongfully accused. But every single accused individual, regardless of how severe the charges or allegations, deserves a dedicated defense and criminal justice attorney. Genesee County has a <a href="/criminal-defense/felony-cases/">high rate of alleged felony crimes,</a> and Barnwell Law defends any and all kind of felony cases, as well as misdemeanors.</p>



<p>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.&nbsp;<a href="https://www.avvo.com/attorneys/48067-mi-william-barnwell-4690993.html">According to AVVO, a reputable attorney-rating and review site, Bill Barnwell is a 10 rated attorney — the highest rating an attorney can receive.&nbsp;</a></p>



<p>Our attorney has handled high-profile cases in Flint and Genesee County. Cities inside Genesee County include: Flint, Grand Blanc, Burton, Clio, Davison, Flushing, Swartz Creek, Mount Morris, Linden, Grand Blanc Township, Genesee, Goodrich, Flint Township, Montrose, Otisville, Fenton Township, Mount Morris Township, Atlas Township, Davison Township, Mundy Township, Gaines, Argentine Township, Vienna Township, Thetford Township, Flushing Township, Clayton Township, Gaines Township, Montrose Township, and Forest Township.</p>



<p>Felony cases in Genesee Township are heard at the 7th Circuit Court in downtown Flint. All felony cases begin in District Court and most are eventually “bound over” to Circuit Court. Misdemeanor cases remain in District Court. The District Courts inside of Genesee County are heard within the 67th District Court. The 67th District Court has branches in Flint, Fenton, Flushing, Grand Blanc, Burton, Mt. Morris, and Davison.</p>



<p>While Flint and Genesee County are considered to have high crime rates, many defendants are unable to afford a lawyer of their choosing. 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 worth the money, and you get what you pay for.</p>



<p>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.&nbsp; Genesee County is just one of the many counties that our attorney Bill (William) Barnwell has regular experience fighting for clients. But our attorney has actually lived in Genesee County and has strong roots as a non-profit community leader and now as a top defense attorney and criminal defense attorney for the people of Flint and all throughout Genesee County. And he gets results.</p>



<p>If you are facing a misdemeanor or felony charge in Flint or Genesee 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 private and secure office space is located in Flint to consult with you regarding your case.<a href="https://barnwelldefense.com/files/2018/01/image1.jpeg"></a></p>
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                <title><![CDATA[Top Oakland County Felony and Misdemeanor Attorney]]></title>
                <link>https://www.barnwelldefense.com/blog/top-oakland-county-felony-and-misdemeanor-attorney/</link>
                <guid isPermaLink="true">https://www.barnwelldefense.com/blog/top-oakland-county-felony-and-misdemeanor-attorney/</guid>
                <dc:creator><![CDATA[Barnwell Law, PLLC Team]]></dc:creator>
                <pubDate>Thu, 25 Jan 2018 16:41:00 GMT</pubDate>
                
                    <category><![CDATA[Oakland County]]></category>
                
                
                    <category><![CDATA[Berkley]]></category>
                
                    <category><![CDATA[Birmingham]]></category>
                
                    <category><![CDATA[Bloomfield Hills]]></category>
                
                    <category><![CDATA[Farmington Hills]]></category>
                
                    <category><![CDATA[Felony]]></category>
                
                    <category><![CDATA[Ferndale]]></category>
                
                    <category><![CDATA[hazel park]]></category>
                
                    <category><![CDATA[Madison Heights]]></category>
                
                    <category><![CDATA[Novi]]></category>
                
                    <category><![CDATA[Oak Park]]></category>
                
                    <category><![CDATA[Pontiac]]></category>
                
                    <category><![CDATA[Rochester Hills]]></category>
                
                    <category><![CDATA[Royal Oak]]></category>
                
                    <category><![CDATA[Southfield]]></category>
                
                    <category><![CDATA[Troy]]></category>
                
                    <category><![CDATA[Waterford]]></category>
                
                
                
                <description><![CDATA[<p>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&hellip;</p>
]]></description>
                <content:encoded><![CDATA[<div class="wp-block-image">
<figure class="alignright size-large is-resized"><img decoding="async" src="/static/2023/09/Oakland-1024x538.png" alt="" class="wp-image-537" style="width:300px" width="300" srcset="/static/2023/09/Oakland-1024x538.png 1024w, /static/2023/09/Oakland-300x158.png 300w, /static/2023/09/Oakland-768x403.png 768w, /static/2023/09/Oakland.png 1200w" sizes="(max-width: 1024px) 100vw, 1024px" /></figure>
</div>


<p>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.</p>



<p>If you’ve been charged with a misdemeanor offense in Oakland County such as <a href="/criminal-defense/drug-alcohol-crimes/">DUI, OWI, or drunk driving</a>, 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 <a href="/criminal-defense/drug-alcohol-crimes/drunkendisorderly-conduct/">such as Disorderly Conduct, Drunken Disorderly Conduct, Jostling, Public Urination,</a> and other offenses that are often connected with alcohol or substance abuse.</p>



<p>Other common misdemeanors in Oakland County and most other courts are <a href="/criminal-defense/drug-alcohol-crimes/marijuana-offenses/">drug crimes,</a> including misdemeanor offenses such as possession of marijuana, driving while license suspended, retail fraud, assault, assault and battery, and various other misdemeanor offenses.</p>



<p>Far more serious is felony offenses such as possession of drugs, including <a href="/criminal-defense/drug-alcohol-crimes/heroin-offenses/">heroin</a>, <a href="/criminal-defense/drug-alcohol-crimes/cocaine-offenses/">cocaine</a>, 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.</p>



<p>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.</p>



<p>There are a host of other commonly charged offenses that range from retail fraud, larceny, embezzlement, home invasion, breaking and entering, <a href="/criminal-defense/sex-crimes/">criminal sexual conduct, sex crimes,</a> 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.</p>



<p>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 <a href="/researching-attorneys/why-barnwell-law/">you can learn more about the “Barnwell Defense” here. </a></p>



<p>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.&nbsp;<a href="https://www.avvo.com/attorneys/48067-mi-william-barnwell-4690993.html">According to AVVO, a reputable attorney-rating and review site, Bill Barnwell is a 10 rated attorney — the highest rating an attorney can receive.&nbsp;</a></p>



<p>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<a href="/courts/oakland-county/oakland-county-circuit-court/"> Oakland County Circuit Court page. </a></p>



<p>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.</p>



<p>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.</p>



<p>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.</p>
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                <title><![CDATA[Roseville Felony and Misdemeanor Attorney 39th District Court]]></title>
                <link>https://www.barnwelldefense.com/blog/roseville-felony-and-misdemeanor-attorney-39th-district-court/</link>
                <guid isPermaLink="true">https://www.barnwelldefense.com/blog/roseville-felony-and-misdemeanor-attorney-39th-district-court/</guid>
                <dc:creator><![CDATA[Barnwell Law, PLLC Team]]></dc:creator>
                <pubDate>Wed, 17 Jan 2018 16:48:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>If you’ve been charged with a misdemeanor or felony in Roseville or Fraser in Macomb County, contact top-rated attorney Bill Barnwell of Barnwell Law, PLLC today directly at (810) 394-2952. Our attorney is on call 24/7 for criminal law related emergencies and case evaluations. Cases originating out of both the cities of Roseville and Fraser&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>If you’ve been charged with a misdemeanor or felony in Roseville or Fraser in Macomb County, contact top-rated attorney Bill Barnwell of Barnwell Law, PLLC today directly at (810) 394-2952. Our attorney is on call 24/7 for criminal law related emergencies and case evaluations.</p>



<p>Cases originating out of both the cities of Roseville and Fraser are heard in the 39th District Court located at&nbsp;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.</p>



<p>As explained elsewhere on this page, <a href="/blog/charged-with-a-crime-or-dui-in-macomb-county-now-what/">all cases begin with an arraignment.</a> You can learn more about an arraignment and <a href="/blog/looking-for-a-roseville-fraser-and-macomb-county-defense-attorney/">why it is important to retain an attorney before your arraignment, if possible.</a> 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<a href="/blog/looking-for-a-roseville-fraser-and-macomb-county-defense-attorney/"> Roseville or Fraser is also explained here. </a></p>



<p>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.</p>



<p>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.</p>



<p>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.</p>



<p>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.</p>



<p>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.</p>



<p>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.</p>



<p>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.&nbsp;<a href="https://barnwelldefense.com/files/2018/01/image1.jpeg"></a></p>
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                <title><![CDATA[Port Huron and St. Clair County Criminal Defense Misdemeanor and Felony Attorney]]></title>
                <link>https://www.barnwelldefense.com/blog/port-huron-and-st-clair-county-criminal-defense-misdemeanor-and-felony-attorney/</link>
                <guid isPermaLink="true">https://www.barnwelldefense.com/blog/port-huron-and-st-clair-county-criminal-defense-misdemeanor-and-felony-attorney/</guid>
                <dc:creator><![CDATA[Barnwell Law, PLLC Team]]></dc:creator>
                <pubDate>Fri, 05 Jan 2018 17:03:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                
                
                <description><![CDATA[<p>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&hellip;</p>
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<p>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.</p>



<p>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, <a href="/blog/facing-a-charge-in-port-huron-or-the-72nd-district-court/">is briefly outlined here.</a></p>



<p>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.</p>



<p>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.</p>



<p>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.</p>



<p>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.</p>



<p>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.</p>



<p>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.</p>



<p>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.</p>



<p>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.</p>



<p>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.</p>
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                <title><![CDATA[Being Charged with any Misdemeanor or Felony or an OWI or DUI in Ann Arbor in the 15th District Court?]]></title>
                <link>https://www.barnwelldefense.com/blog/being-charged-with-any-misdemeanor-or-felony-or-an-owi-or-dui-in-ann-arbor-in-the-15th-district-court/</link>
                <guid isPermaLink="true">https://www.barnwelldefense.com/blog/being-charged-with-any-misdemeanor-or-felony-or-an-owi-or-dui-in-ann-arbor-in-the-15th-district-court/</guid>
                <dc:creator><![CDATA[Barnwell Law, PLLC Team]]></dc:creator>
                <pubDate>Tue, 26 Dec 2017 17:12:00 GMT</pubDate>
                
                    <category><![CDATA[15th District Court]]></category>
                
                    <category><![CDATA[DUI]]></category>
                
                    <category><![CDATA[Felony]]></category>
                
                    <category><![CDATA[Misdemeanor]]></category>
                
                    <category><![CDATA[OWI]]></category>
                
                
                
                
                <description><![CDATA[<p>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&hellip;</p>
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<figure class="alignright size-full is-resized"><img decoding="async" src="/static/2023/09/10-BEST-CLA.jpg" alt="Top 10 Best Attorney" class="wp-image-513" style="width:300px" width="300" srcset="/static/2023/09/10-BEST-CLA.jpg 452w, /static/2023/09/10-BEST-CLA-199x300.jpg 199w" sizes="(max-width: 452px) 100vw, 452px" /></figure>
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<p><a href="/">Click here to view Barnwell Law’s home page and receive critical contact information.</a> Bill Barnwell of Barnwell Law can be reached directly at all hours at (810) 394-2952.</p>



<p>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.</p>



<p>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.</p>



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



<p>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).</p>



<p>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.&nbsp; A second offense carries a minimum of<em>&nbsp;5 days in jail up to one year in the county jail.&nbsp;</em>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.</p>



<p>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.</p>



<p>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.</p>



<p>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.</p>



<p>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.</p>



<p>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.</p>



<p>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.</p>
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                <title><![CDATA[Facing a Charge in Port Huron or Marine City in the 72nd District Court?]]></title>
                <link>https://www.barnwelldefense.com/blog/facing-a-charge-in-port-huron-or-marine-city-in-the-72nd-district-court/</link>
                <guid isPermaLink="true">https://www.barnwelldefense.com/blog/facing-a-charge-in-port-huron-or-marine-city-in-the-72nd-district-court/</guid>
                <dc:creator><![CDATA[Barnwell Law, PLLC Team]]></dc:creator>
                <pubDate>Wed, 13 Dec 2017 17:14:00 GMT</pubDate>
                
                    <category><![CDATA[31st Circuit Court]]></category>
                
                    <category><![CDATA[72nd Circuit Court]]></category>
                
                    <category><![CDATA[Port Huron]]></category>
                
                    <category><![CDATA[St. Clair County]]></category>
                
                
                    <category><![CDATA[31st Circuit Court]]></category>
                
                    <category><![CDATA[72nd District Court]]></category>
                
                    <category><![CDATA[assault]]></category>
                
                    <category><![CDATA[domestic violence]]></category>
                
                    <category><![CDATA[drug charges]]></category>
                
                    <category><![CDATA[DUI]]></category>
                
                    <category><![CDATA[Felony]]></category>
                
                    <category><![CDATA[Misdemeanor]]></category>
                
                    <category><![CDATA[OWI]]></category>
                
                    <category><![CDATA[Port Huron]]></category>
                
                    <category><![CDATA[St. Clair County]]></category>
                
                
                
                <description><![CDATA[<p>If you being charged with a misdemeanor offense in St. Clair County, including charges such as possession of marijuana, DUI, OWI, drinking and driving, assault, battery, domestic assault, domestic violence, retail fraud, or any other misdemeanor, your case will be heard in the 72nd District Court in Port Huron or Marine City. If you are&hellip;</p>
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<p>If you being charged with a misdemeanor offense in St. Clair County, including charges such as possession of marijuana, DUI, OWI, drinking and driving, assault, battery, domestic assault, domestic violence, retail fraud, or any other misdemeanor, your case will be heard in the 72nd District Court in Port Huron or Marine City. If you are being charged with a felony, such as a felony drug crime, an alleged sex crime (CSC), homicide, felonious assault, felony embezzlement, felony drunk driving (a third DUI or OWI offense), or any other felony, your case will begin in the 72nd District Court and then proceed to the 31st Circuit Court in downtown Port Huron. The 31st Circuit Court is right above the 72nd District Court in downtown Port Huron in the same building. If your case originates in the southern end of St. Clair County, your misdemeanor or felony case will begin in the 72nd District Court in Marine City. If it is a felony case, it will then proceed from Marine City to the 31st Circuit Court in Port Huron. Most cases, including all felony cases, begin with an arraignment. Arraignments in Port Huron are typically done by a magistrate in a small room by a magistrate. Often times, the person being arraigned will be at the county jail on a video screen with the attorney present in the room with the magistrate. Having an attorney present at arraignment is extremely important. Currently in Michigan, defendants are not entitled to have an attorney present at arraignment, but it greatly helps to have a defense attorney retained before arraignment. If your case is a misdemeanor, it will then be set for a pre-trial conference in either Port Huron or Marine City. There may be one or more pre-trials depending on the defense strategy. The case will either then be settled with a favorable plea or it will be set for a jury trial. Certain offenses can be kept off a person’s public record completely such as first-time drug offenses under “7411,” first-time domestic violence or domestic assault charges under “769.4a” or various other charges through a delayed sentence through “771.1.” An experienced defense attorney such as Bill Barnwell of Barnwell Law can help explain what those numbers mean and how they may or may not apply to your case. If the case is not resolved through a pre-trial it will then be set for a trial. In a misdemeanor trial, typically 7 jurors are seated. Only six jurors will ultimately decide the case while another juror serves as an alternate. Should you be charged with a felony, unless a case is dismissed at the District Court level after a preliminary examination or Probable Cause Hearing, the cause will be “bound over” to Circuit Court. One up in Circuit Court, a defendant is again arraigned and there is a pre-trial process. Felony cases are more complex than misdemeanor cases and there can be one or more pre-trials. If a favorable resolution is not reached, or a client is being wrongfully accused, the matter will be set for a felony jury trial. In Circuit Court, typically 14 jurors are selected. Twelve who will actually decide the case, and two jurors who will serve as alternates. To get a verdict of not guilty or guilty, the verdict must be unanimous, regardless of whether it is a misdemeanor trial or a felony trial. If the jurors are deadlocked, a mistrial will be declared and the prosecution has the option of retrying the case, or dismissing the case. When hiring an attorney for a charge in Port Huron, Fort Gratiot, Marysville, or any city St. Clair County, it is important to hire an retain an attorney who is experienced in the 72nd District Court and the 31st Circuit Court. Barnwell Law has successfully defended many clients in Port Huron and other cities in St. Clair County.  Bill Barnwell of Barnwell Law has practiced in front of each of the Circuit Court Judges and each of the District Court Judges in the 72nd District and 31st Circuit Courts. He has dealt with both City Attorney prosecutors, various County Prosecutors, and prosecutors in the Attorney General’s office. He is also skilled at trial litigation with multiple trial victories and has had success helping resolve cases favorably for clients who admit guilt and are trying to move their lives forward in a positive direction. Whatever the case may be, Barnwell Law has a proven record of successfully representing clients in Port Huron, St. Clair County, various cities inside of the county, and many other counties throughout Michigan. Call Barnwell Law today at (810) 394-2952 to retain and hire a criminal defense attorney who will go to bat for you.</p>
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                <title><![CDATA[Royal Oak, Berkley and the 44th District Court]]></title>
                <link>https://www.barnwelldefense.com/blog/royal-oak-berkley-and-the-44th-district-court/</link>
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                <dc:creator><![CDATA[Barnwell Law, PLLC Team]]></dc:creator>
                <pubDate>Fri, 08 Dec 2017 17:21:00 GMT</pubDate>
                
                    <category><![CDATA[44th District Court]]></category>
                
                
                    <category><![CDATA[Berkley]]></category>
                
                    <category><![CDATA[disorderly conduct]]></category>
                
                    <category><![CDATA[DUI]]></category>
                
                    <category><![CDATA[Felony]]></category>
                
                    <category><![CDATA[jury trial]]></category>
                
                    <category><![CDATA[Misdemeanor]]></category>
                
                    <category><![CDATA[OWI]]></category>
                
                    <category><![CDATA[probation violation]]></category>
                
                    <category><![CDATA[public intoxication]]></category>
                
                    <category><![CDATA[Royal Oak]]></category>
                
                
                
                <description><![CDATA[<p>If you have been charged with a crime in Royal Oak or Berkley your case will be heard at the 44th District Court located at 400 E. 11 Mile Rd. Royal Oak, MI 48067 Bill Barnwell of Barnwell Law is very well known in Royal Oak. He is actually a pastor of a church right&hellip;</p>
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<figure class="alignright size-full"><img loading="lazy" decoding="async" width="369" height="127" src="/static/2023/09/roayl-oak.jpg" alt="44th District Court" class="wp-image-166" srcset="/static/2023/09/roayl-oak.jpg 369w, /static/2023/09/roayl-oak-300x103.jpg 300w" sizes="auto, (max-width: 369px) 100vw, 369px" /></figure>
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<p>If you have been charged with a crime in Royal Oak or Berkley your case will be heard at the 44th District Court located at 400 E. 11 Mile Rd. Royal Oak, MI 48067</p>



<p>Bill Barnwell of Barnwell Law is very well known in Royal Oak. He is actually a pastor of a church right across the street from this court and practices extensively in Royal for both misdemeanor and felony cases. He is the only 100% criminal defense attorney anywhere in Michigan who is also a leader in the faith community. However, Bill represents clients of all diverse backgrounds and has secured very positive results regardless of a client’s race, religion, sexual orientation, national origin, gender, etc. He is very well acquainted with the Judges, the court staff, the probation office, and how to navigate a court many consider “tough”.</p>



<p>There are two Judges who preside in Royal Oak: Judge Derek Meinecke and Judge James Wittenberg. Attorney Bill Barnwell has appeared in front of each of these judges in both felony and misdemeanor cases and has secured favorable results for clients, including outright case dismissals and jury trial victories in Royal Oak. .<a href="https://barnwelldefense.com/2017/11/14/if-im-arrested-will-i-be-out-on-bail-or-stay-in-jail/">&nbsp;If you are being arraigned on a charge, you may first appear before a magistrate,</a>&nbsp;or one of the two Judges, who will inform you of the charge you are facing and set bond. If your case is a misdemeanor, it will be set for pretrial. If you are facing a felony charge, it will be set for Probable Cause Conference.</p>



<p>If you’re facing a misdemeanor charge, your case will be heard in its entirety at the 44th District Court from one of the two Royal Oak and Berkley District Court Judges. A misdemeanor charge has a maximum possible jail penalty of up to one year in the county jail. Common misdemeanor charges are DUI, OWI, OUIL, disorderly conduct, reckless driving, retail fraud, assault and battery, indecent exposure, domestic violence, minor larceny, and embezzlement cases. This is not an exhaustive list, but an example of the types of cases heard in District Court.</p>



<p>If you are facing a felony case, such as felony drug possession, felony home invasion, homicide, delivery and manufacturing of marijuana, cocaine, heroin, felony assault,  or any other type of felony, your case will be arraigned in the 44th District Court. This will be followed by a Probable Cause Conference within 14 days of your arraignment, followed by a Preliminary Exam (also known as Probable Cause Hearing) within 21 days of your arraignment. If a client “waives” their Preliminary Exam, the matter then proceeds to the 16th Circuit Court, otherwise known as the Oakland County Circuit Court. If the Preliminary Exam is held, the case may be dismissed or it will be “bound over” to the 6th Circuit in Oakland County Circuit Court for further proceedings. </p>



<p>Bill Barnwell of Barnwell Law has conducted preliminary exams for felony cases in the 44th District Court and has successfully fought cases all the way through Oakland County Circuit Court. Oakland County is seen as one of the “toughest” counties in the state. Barnwell Law has even had excellent results such as serious sex crime allegations never being charged in Oakland County for proactive clients who have reached out to Barnwell Law prior to being charged where Attorney Bill Barnwell has convinced law enforcement and prosecutors that insufficient evidence existed even to bring the case forward.</p>



<p>It is important when hiring an attorney to choose legal council who has a track record of solid results in a given court room. Barnwell Law is well known and respected in Royal Oak and Berkley.</p>



<p>If you have been sentenced already in Royal Oak in the 44th District Court and have been put on probation and have been told that you are in violation of your probation, it is highly advised that you hire an attorney for your Probation Violation proceeding as well. Royal Oak, like all courts in Oakland County, take probation violation accusations very seriously. Jail can be very possible on first probation violation accusations in Royal Oak and Oakland County, but Barnwell Law has successfully helped numerous clients avoid this fate and get much more positive results.</p>



<p>Whatever the situation may be, contact Bill anytime at (810) 394-2952 if you are facing a misdemeanor, felony, or probation violation allegation arising out of Royal Oak, Berkley, or anywhere in Oakland County. Your freedom is too important.</p>



<p>Call an attorney who handles ONLY criminal law on a daily basis throughout Metro-Detroit and the state of Michigan.</p>
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