Experienced Domestic Violence Lawyer

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

Penalties for Domestic Violence in Michigan

Domestic Violence cases are serious charges. Penalties include:

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

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

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

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

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

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

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

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

Call Today!

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

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

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

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

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

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

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.

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.

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.

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.

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.

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.

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.

Call Bill of Barnwell Law, PLLC today at (810) 394-2952 to schedule your consultation.

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.

If you have been charged with a crime in Roseville or Fraser, your case will be heard at the 39th District Court located at  29733 Gratiot Ave, Roseville, MI 48066

There are three Judges who preside in Roseville and Fraser: Judge Marco Santia, Judge Catherine Steenland, and Judge Joseph Boedeker. 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. If you are being arraigned on a charge, you may first appear before a magistrate, or one of the three 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.

If you’re facing a misdemeanor charge, your case will be heard in its entirety at the 39th District Court from one of the three Roseville and Fraser 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, drunk 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.

Note that the 39th District Court is one of the “busiest” courts in Macomb County. Many cases originate and are heard in the 39th District Court of Roseville and Fraser. 

If you are facing a felony case, such as felony drug possession, felony home invasion, or any other type of felony, your case will be arraigned in the 39th 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 Macomb County Circuit Court. If the Preliminary Exam is held, the case may be dismissed or it will be “bound over” to the Macomb County Circuit Court for further proceedings.

Bill Barnwell of Barnwell Law has conducted preliminary exams for felony cases in the 39th District Court that ultimately led to dismissals in the Macomb County Circuit Court, and also has had felony cases outright dismissed following Preliminary Exams in Roseville and Fraser.

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 has not only appeared regularly in the 41-A District Court, but courts all around the state of Michigan. As with all Judges, each of the three Judges in this particular court have their own distinctive styles. Also, Bill has conducted jury trials in various parts of the state and is highly qualified to take your case all the way to trial.

If you have been sentenced already in Roseville or Fraser 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. Bill has successfully represented numerous clients facing allegations of probation violations in Roseville or Fraser in the 39th District Court.

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 Roseville or Fraser Your freedom is too important. Call an attorney who handles ONLY criminal law on a daily basis throughout Metro-Detroit and the state of Michigan.