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.

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:

• Challenge the police stop of the vehicle
• Challenge the sufficiency of the evidence after your car was pulled over
• Win the case in a bench or jury trial with a Not Guilty verdict.

DUI Challenge to Police Stop of Your Vehicle

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.

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.

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.

DUI Breath Test and Roadside Evidence Challenges

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. Nor can they force you to blow into a PBT on the side of the road.

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.

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.

DUI Trial

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.

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. William Barnwell of Barnwell Law has even won acquittals on 2nd Offense DUI cases. 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 while 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.

Win Your Detroit, Michigan, and Macomb County Case

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.

While difficult and requiring great skill, Barnwell Law has a history of results in getting DUI, OWI, and drunk driving cases dismissed. Call Barnwell Law today at (810) 394-2952 to begin your DUI defense.

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

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

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

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

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

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

No. You won’t.

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

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

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

Why the distinction from the roadside PBT?

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

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

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

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

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

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

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.

Being charged with drunk driving, DUI, OWI, OUIL, or whatever other term one wants to call it, is a very scary situation for anyone involved. It’s why you need an experienced criminal defense attorney that will take your case very seriously from start to finish. This is true whether your case is originating out of Warren, MI, Macomb County, or anywhere else in Michigan. There are several different types of Drunk Driving cases:

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

All of the above doesn’t even begin to get into the collateral consequences of license restrictions for these various offenses, and possible vehicle immobilization, interlock devices, driver responsibility fees, and other consequences which we will cover in future posts.

The point is this: Drunk driving charges are taken very seriously. If are being charged in Warren, Macomb County, or any city or county in Michigan, you need an attorney who is familiar with that court system and handling DUI cases. Even a first offense can result in jail in certain jurisdictions in Michigan. In Macomb County, jail is possible, but unlikely with a strong defense (Note: Certain district courts in Oakland County and other areas are willing to impose jail on a first offense). Jail can even be avoided on a “Super-drunk” or High BAC case with an effective defense. On a second offense, many courts will impose the statutory minimum of 5 days in jail. Certain courts in Macomb County will waive the five days in lieu of community service. On a third offense, 30 days of county jail is a guarantee unless in very rare cases where it can be pled down to a 2nd offense. But there is a big difference between 30 days and five years, which is why a strong defense is so critically important.

DUI and drunk driving defense is a category all unto itself in criminal law. An effective criminal defense attorney does not automatically assume their client is guilty. They can and should get all relevant discovery. This includes police dash cam videos, records of the DataMaster calibration logs used to determine a person’s BAC, understand the science behind blood and breath testing, investigate whether police were justified in the stop, have expert witnesses available to challenge the blood and breath evidence, etc.

Bill Barnwell of Barnwell Law takes all of those measures, including looking at any other applicable defenses (i.e. whether the defendant was actually operating the vehicle under the law). If your case can be beat through a challenge of the evidence, or through a jury trial, our firm will go the extra mile and fight for an acquittal.

However, the vast majority of DUI cases result in a plea. This isn’t because a good defense attorney is lazy. It’s because they have gone through all the possible evidentiary challenges and have determined that your DUI or OWI case is best handled as a “damage control” case. This still requires much hard work to secure a favorable outcome. Many attorneys will just advise their clients to go to AA while their case is pending. Our Attorney has years of experience in the field of counseling and mental health, including helping those with addictions. By employing the Barnwell Defense, your case will have a far better chance at securing a favorable outcome than by employing a standard “Meet em’ and plead em” defense.

If you are going to pay your hard earned money to hopefully maintain your freedom and driving privileges, spend your money on an attorney who knows how to both handle a successful jury trial and do proper damage control if your case is best suited for a plea.

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

If you 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.