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.

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.

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

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

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

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

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

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

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

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

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 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 drug crimes, including misdemeanor offenses such as possession of marijuana, driving while license suspended, retail fraud, assault, assault and battery, and various other misdemeanor offenses.

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

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

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

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 high rate of alleged felony crimes, and Barnwell Law defends any and all kind of felony cases, as well as misdemeanors.

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

Our attorney has 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.

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.

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.

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.  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.

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.

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

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

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

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

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

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

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

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

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

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

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

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

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 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 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”.

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. . If you are being arraigned on a charge, you may first appear before a magistrate, 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.

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.

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. 

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.

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.

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.

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.

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

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.

If you have been charged with a crime in Sterling Heights, your case will be heard at the 41-A District Court located at 40111 Dodge Park Road, Sterling Heights, MI 48313.

There are three Judges who preside in Sterling Heights: Judge Michael Maceroni, Judge Stephen Sierawski, and Judge Kimberly Wiegand. 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, 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 41-A District Court from one of the three Sterling Heights 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.

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 41-A 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 41-A 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 Sterling Heights.

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 Sterling Heights 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 Sterling Heights in the 41-A 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 Sterling Heights. 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.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

If you’ve been charged with a DUI or any type of crime anywhere in Macomb County or any other county, the first step in the criminal process is something called an “Arraignment.” An arraignment serves only two purposes:

1. To inform the person charged exactly what they are being charged with and the maximum possibility penalty associated with the alleged offense and,
2. To have a bond hearing and to see what bail money, if any, the Judge imposes while the case is pending.

We will go into the factors of a bond hearing in a future post, and why you might get a personal bond or why there might be a cash bond. But one thing is certain: Having an attorney significantly helps secure a fair and reasonable bond, which all defendants are entitled to.

In cases like a DUI, a person is arrested on the spot and transported to the local police station. At that time there is usually a “provisional bond” to get out of jail, usually the next day if a person can afford it. But that bond amount is not set in stone until the first court appearance before a Judge, which is the arraignment. If you’re charged with a DUI and somebody bails you out, you will eventually have to return to court to face a judge. In nearly all District Courts around the state, there must an arraignment on a DUI and OWI and drinking and driving charge.

For other misdemeanor offenses, if a client is wise enough to retain an attorney before the arraignment, the attorney can sometimes “waive” the arraignment and save the client an extra court date, and just set the mater for a pre-trial.

However, if you’ve been charged with a felony of any kind, (including any kind of drug offense, felonious assault, felony embezzlement, federal crimes, murder or homicide, etc) there also must be an arraignment.

In Michigan, defendants are currently not entitled to have an attorney present at arraignment. In fact, most don’t. At Barnwell Law, it can’t be stressed enough how important it is to have a retained and hired attorney before an arraignment if possible. With a skilled and experienced criminal defense lawyer at your side, it frequently means a far lower bond than you’d normally have to post. It also means you won’t get stuck with a court-appointed lawyer who you did not choose, but the Court chose for you. There are no downsides to hiring an attorney before your arraignment. There are only positives.

If a person has already had their arraignment and has a court-appointed attorney, you can still hire an attorney of your choice, and the Courts will almost always allow the substitution. However, the sooner you hire somebody the better.

During an arraignment, a person may be arraigned at the jail via a video screen while the attorney is in the courtroom, or occasionally at the jail. If the judge grants a personal bond, you can be released without paying any money.

If the matter is a felony, all arraignments begin in the District Court that has jurisdiction of where the offense was alleged to have occurred. For instance, if the offense is alleged to have occurred in Warren, MI, the arraignment will be held at the 37th District Court in Warren or Center-Line Michigan. Unless the case is dismissed in District Court at a later hearing, the case will eventually work its way up to Macomb County Circuit Court, which is the 16th Circuit Court in Mount Clemens. Or, to use another example, if you have been charged for a felony offense in Port Huron, the case will be arraigned in the 72nd District Court before eventually making it up to the 31st Circuit Court of St. Clair County, also located in Port Huron.

So, in sum:

1. Every case begins with an arraignment.
2. You are not entitled to have an attorney with you at your arraignment. If you don’t hire somebody first, you will be alone, and if you can’t afford an attorney the Court will appoint somebody for you whom you probably don’t know.
3. In felony cases in Macomb County and all other counties, the arraignment will happen at the District Court and eventually will work its way up to Macomb County Circuit Court, Oakland County Circuit Court,  Wayne County Circuit Court, or whichever Circuit Court has jurisdiction depending on where the alleged offense took place.
4. Having an attorney at your arraignment helps a case from the outset dramatically, including helping secure a personal bond or lower cash bond than a defendant would likely otherwise have.
5. By all means, if you or a loved one has been charged with a crime or you suspect will be charged with a crime, don’t wait, hire an attorney NOW, not later.

Attorney William (Bill) Barnwell of Barnwell Law PLLC can be reached anytime directly at (810) 394-2952. It’s not uncommon for Bill to get a call in the middle of the night and get hired on a case to appear for an arraignment the next morning or afternoon. Whether it’s day or night, and in Warren, Macomb County, Oakland County, Wayne County, St. Clair County, or any other county in the state of Michigan, Bill is here to help.

Barnwell Law has been able to help secure individuals personal bonds (which means you need no money up front to stay out of jail) for even serious felonies. When a personal bond is not possible, Barnwell Law can still help heavily reduce the bond and bail amount needed as opposed the person who has nobody at their side at their arraignment. This is why hiring an attorney earlier rather than later is so important.

Don’t go it alone. Barnwell Law is here to help.