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.

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.