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.

In 2023 alone, top Macomb County criminal attorney William Barnwell has so far tried six jury trial cases. Each client walked away without a conviction.

Five of those cases resulted in Not Guilty verdicts. Of those five Not Guilty verdicts, three of the juries came back with acquittals after less than 15 minutes of deliberating. One case was a mistrial when a juror spoke negatively about the prosecutor’s case during a recess. The prosecutor then decided not to re-try the case.

The jury trials took place in:

• The 37th District Court in Warren (Two separate trials)
• The 16th Circuit Court in Mount Clemens
• The 42nd District Court in Romeo
• The 73B District Court in Huron County/Bad Axe
• The 64B District Court in Montcalm County/Stanton

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

• Assault and Battery
• Domestic Violence
• Felonious Assault
• Embezzlement
• Drunk Driving 2nd Offense (DUI) (OWI) (OUIL)
• Criminal Sexual Conduct 1st Degree

Several things are noteworthy. First, many criminal defense attorneys have never tried a case in their entire careers. Others have not tried cases for years. Few cases statistically go to trial. William Barnwell is not only one of the relative few attorneys to try a case this year, but among the very few that has tried multiple cases, let alone six different cases, all with favorable outcomes. This is also for 2023 alone. Over the years, this firm has tried many cases before juries with favorable outcomes throughout the State.

While Barnwell Law is based in Macomb County, our attorney produces results throughout Metro-Detroit, throughout Michigan, and throughout Florida. While William Barnwell is very well-known by judges and prosecutors in Metro-Detroit, being “friends” with the judge or prosecutor doesn’t help you if your case might be going to trial. The only thing that matters is knowing how to try a case and how to persuade a jury.

A skilled trial attorney knows how to pick a jury. Picking a jury involves knowing which potential jurors to screen off the jury pool, and which ones to keep. It involves knowing how to ask the right questions to potential jurors during jury selection to identify biases. It involves knowing the art of cross-examination and how to connect with jurors during opening and closing statements. It’s also knowing how to tell a story, a much different story from the Prosecution, and apply the facts of a given case to the governing law. There’s much more that could be said, but suffice to say that being a skilled and proven trial attorney involves both innate skills and skills that developed and battle-tested over time. This is why William Barnwell is a top Macomb County criminal trial lawyer.

There is a reason that people throughout Michigan and Florida call our attorney when their lives and future are on the line. While Bill Barnwell has worked out countless favorable plea deals for clients, he’s not afraid to take your case to trial. He has a record of results. While no attorney can guarantee any result, and every trial is different and unique, you will want an attorney that isn’t afraid to take your case all the way.

Deciding whether or not to go to trial involves multiple factors. At the end of the day, it is the client’s decision alone whether or not to exercise their constitutional right to trial. Sometimes, it’s the only practical option when there’s nothing to be gained by a plea. Other times, there are pros and cons with going to trial that Bill will help you sort through.

When your or a loved one’s future is at stake, you don’t want an attorney to get on the job training. You want a tested and proven top Macomb County criminal defense lawyer who can take a case all the way. One who has not guilty acquittals throughout the state year after year.

Contact William Barnwell today to take charge of your defense. He can be reached day or night at (810) 394-2952. Call today.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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