Aaron J. Boria PLLC Michigan Attorney http://thelawyermichigan.com Wed, 16 Apr 2014 19:02:57 +0000 en-US hourly 1 http://wordpress.org/?v=3.4.1 Tinted Windows Stop Dismissed http://thelawyermichigan.com/tinted-windows-stop-dismissed/ http://thelawyermichigan.com/tinted-windows-stop-dismissed/#comments Wed, 16 Apr 2014 19:02:57 +0000 Aaron Boria http://thelawyermichigan.com/?p=3119 Michigan Criminal Lawyer

Our client, who believe it or not was a police officer in Washtenaw County, was pulled over in her civilian car and ticketed for having tinted windows. (A tinted windows stop, or a stop for a general traffic infraction, is a common pretext for a police officer looking for a DUI) End result – case dismissed!

Pulled Over for Tinted Windows 

Did you know, that if you have factory installed tinted windows you may be entitled to a dismissal of a citation for having tint? Also, if you were pulled over as a pretext and that police encounter resulted in a DUI, drug charge, or some other criminal charge that case could be dismissed if the tint was legal.

Even if your tint wasn’t factory installed it may still be possible to have your case dismissed, which was the case that prompted this blog. A police officer would need to be able to testify as to how he discerned the tint was or was not factory installed and also how he determined the level of tine you have. An officer cannot simply guess that your tint only allowed in 20% of visible light when in fact it should have allowed in 30%.  

Michigan Criminal Lawyer

If you were pulled over and charged with a crime it may be possible for you to have your case dismissed if the reason for pulling you over was not a legal one then any charges that came as a result of the stop should be dismissed.

Contact Michigan criminal lawyer, Aaron J. Boria today if you are facing criminal charges. We know the law, and we know how to fight for you (734) 453-7806

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Reckless Driving Dismissed http://thelawyermichigan.com/reckless-driving-dismissed/ http://thelawyermichigan.com/reckless-driving-dismissed/#comments Wed, 16 Apr 2014 01:03:31 +0000 Aaron Boria http://thelawyermichigan.com/?p=3115 Five years ago in Lansing, our client was driving down the road when two other drivers started weaving in and out of traffic and cut off our client. He and the other two drivers started flipping the bird at each other and mouth expletives. Our client made the mistake of pulling over when to confront the two drivers only to find out that they happen to be under cover cops. A third officer pulled up and told our client to leave, only to find out 5 years later that a warrant had been issued for reckless driving, a criminal traffic offense that carries virtually the same penalties as an Operating While Intoxicated. The result – reckless driving dismissed.

Bench Warrant

When a bench warrant is issued, as there was in this case, the police do not actively come looking for you, but if you are pulled over for speeding the police will take you in to custody where you will have to post bail or may have to stay in jail until you can be arraigned by a judge.

Usually, a letter is sent from the court that you have a warrant if you did not receive a ticket on site. For some reason, notification was never sent in this case. Our client was leaving the bowling alley, pulled over for speeding, and taken to jail – 5 years later!

Reckless Driving in Michigan

Reckless Driving is no joke. This criminal misdemeanor carries up to 93 days in jail, 6 points on your license, thousands of dollars in fines, community service, and more – the same as a drinking and driving offense.

We reached a deal with the prosecuting attorney where the criminal offense would be dismissed and the client would accept responsibility to a civil infraction. After all, he got out of his car during a road rage incident with a couple cops. His bond covered the fines and that was the end of it. He didn’t even have to show up for court.

Criminal Defense Lawyer

If you have been charged with a crime contact criminal defense lawyer, Aaron J. Boria for a free consultation (734) 453-7806. We stand up for our clients, we don’t let the law bully them around.

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Hit and Run DUI – No Jail – No Probation http://thelawyermichigan.com/hit-and-run-dui-no-jail-no-probation/ http://thelawyermichigan.com/hit-and-run-dui-no-jail-no-probation/#comments Fri, 11 Apr 2014 15:56:27 +0000 Aaron Boria http://thelawyermichigan.com/?p=3111 Our client was at a club in Pontiac, May of 2013, where he had been drinking. He was young and made a major mistake. He never should have been driving and in hindsight he certainly knows that. He ran into another car and took off because he was terrified. Luckily, no one was injured. He came back and was arrested. 

The incident was a major eye opener. It took almost a year for the state of Michigan to charge our client with the offense. Our client was wised up and consulted with our office right away. In that time that passed from the offense to the time that he came to court he stayed sober and attended alcoholics anonymous twice a week.

Michigan Drinking and Driving

Operating while intoxicated is the most common drinking and driving offense in Michigan. The penalty is up to 93 days in jail plus fines and license sanctions. Our client’s blood alcohol level was over .17 so he was charged under the Super Drunk High BAC offense. The Michigan Super Drunk offense carries double the penalties of Operating While Intoxicated. License sanctions are much worse, jail time is up to 6 months, and fines are heftier.

Prior to entering into any plea agreement we were able to get the judge to make a promise of no jail, which was a major win when you are in Oakland County and charged by the Oakland County Prosecutor.

Michigan Drinking and Driving Lawyer

To take things a step further, we were able to get the judge to agree to non-reporting probation. The only thing our client would have to do is continue to remain sober, and pay his fines and costs. A major win when you consider how high his blood alcohol level was and the fact that he fled the scene of the accident.

If you have been charged with drinking and driving charges, even in situations such as this one where evidence of guilt appears to be overwhelming, we can still help you. Had our client gone without great criminal defense representation jail would have been a major possibility. Do not take the prosecutor, cops, and judge on alone. Call Michigan drinking and driving lawyer, Aaron J. Boria today for a free consultation (734) 453-7806. 

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No Points Speeding in Construction Zone http://thelawyermichigan.com/no-points-speeding-in-construction-zone/ http://thelawyermichigan.com/no-points-speeding-in-construction-zone/#comments Fri, 11 Apr 2014 14:09:29 +0000 Aaron Boria http://thelawyermichigan.com/?p=3107 Our client was driving through Romulus when he was pulled over for speeding. To make matters worse, he was pulled over in a construction zone and the police officer didn’t give him a break. Luckily, the client was smart and hired our law firm to represent him.

The result – we change the offense to a parking ticket that is not only a 0 point offense, but no record of the offense will even appear on his driving record. His insurance company will not find out, the state of Michigan will not find out, and if he ever needs a break on a ticket in the future he is more likely to get it with his still clean driving record.

Speeding in a Construction Zone

Points and fines are doubled in a construction zone. A simple 5 miles per hour over carries 3 points, as many points as a careless driving! 11 miles per hour over has as many points as a drunk driving! For more information about Michigan speeding tickets or traffic offenses click here.

Michigan Traffic Lawyer

This matter was handled at the 34th District Court in Romulus. We appeared on behalf of our client without him ever having to come to court. When we handle a traffic matter for our clients they are not required to come to court, which means they do not have to miss work, school, drag the kids in, or they can simply relax while we take care of business.

If you are facing points and are worried about losing your license, or simply don’t want your insurance to go up contact Michigan traffic lawyer, Aaron j. Boria today for a free consultation (734) 453-7806.

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Super Drunk Causing Accident – No Jail http://thelawyermichigan.com/super-drunk-causing-accident-no-jail/ http://thelawyermichigan.com/super-drunk-causing-accident-no-jail/#comments Tue, 08 Apr 2014 20:58:31 +0000 Aaron Boria http://thelawyermichigan.com/?p=3102 Livonia DUI lawyer

Our client made a major mistake on St Patrick’s Day weekend. He drank much more than he normally would and made the poor choice to drink and drive.  He wasn’t paying attention when he came to a red light and stopped too late resulting in him rear ending the car in front of him. His blood alcohol level was .20, which is 2.5x the legal limit. Having a drunk driving doesn’t make someone a “bad person”. He hired DUI lawyer, Aaron J. Boria and we were able to keep him out of jail, save his license, save him well over a thousand dollars, and points on his license.

Super Drunk Charge

The Michigan Super Drunk offense was enacted in 2010. The difference between Super Drunk and Operating While Intoxicated (OWI) is that the prosecutor must prove a blood alcohol level of .17 or higher instead of the regular .08 associated with OWI.

The penalties for Super Drunk are almost double those of Operating While Intoxicated. Jail time is doubled, fines are significantly increased, and license sanctions are significantly harsher. The license is suspended for a year under the Super Drunk offense. A driver can elect to drive a car with a breath alcohol ignition interlock device installed in their car after 45 days of suspension. They are not eligible to take the device out of their car for the remainder of a year.

Michigan Drinking and Driving Lawyer

In this case, the stop was good because there was an accident and the police were called. Probable cause for arrest was present because our client smelt of alcohol, caused an accident, admitted to drinking, and submitted to a preliminary breath test (the kiss of death in many DUI cases). As a result this quickly became a damage control case. Our client was heavily involved with the community. He had served in the armed forces for 9 years with 5 of those years in active duty where he had been shot and even the victim of an IED. 

We were able to work out a deal where our client will not lose the ability to drive and will not have to have the alcohol interlock device installed on his vehicle. He will not do any jail time.

If you have been charged with a drinking and driving offense in Michigan contact Michigan DUI lawyer, Aaron J. Boria today for a free consultation (734) 453-7806. 

For more information about Michigan drinking and driving offenses click here.

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Retail Fraud Felony Dismissed http://thelawyermichigan.com/retail-fraud-felony-dismissed/ http://thelawyermichigan.com/retail-fraud-felony-dismissed/#comments Fri, 04 Apr 2014 21:02:55 +0000 Aaron Boria http://thelawyermichigan.com/?p=3098 Our client was charged with a 5-year felony for Organized Retail Fraud, Retail Fraud Second, and Driving While License Suspended. The result after Aaron J. Boria, PLLC was hired – felony dismissed, driving on suspended license dismissed, 1 year probation for the misdemeanor retail fraud with total fines under $450.00.

Retail Fraud Felony in Michigan

Our client was down on his luck with his back against the wall. Work wasn’t paying the bills, rent was due, and common household items like laundry soap were quickly becoming a luxury.

He made a mistake and decided to steal some items from a local grocery store. The total value of the items was a little over $200.00. When the police caught him they began interrogating him. The police tried to get him to admit to things he hadn’t done. Because the police didn’t feel he was being “cooperative”, they manipulated words and accused him of stealing the good to resell them on the black Market. They charged him with Organized Retail Fraud, a 5-year felony.

In any felony, the defendant is entitled to a preliminary examination where the prosecution has to prove by probable cause that a crime was committed and the defendant committed it.

We held the exam and poked holes in the prosecutions case. The cop was over reaching and it was obvious. After holding the exam it was clear the prosecution had a weak case. When we went back to court they were ready to do the right thing. The Wayne County Prosecutor agreed to dismiss the felony, dismiss the driving while license suspended, and agree that the client wouldn’t get any jail time.

Michigan Criminal Lawyer

Criminal defense is what we do. When your back is against the wall and you need help then you need to hire criminal defense lawyer Aaron J. Boria. We do everything we can for our clients to get the best possible result. Click here for more information on theft crimes in Michigan. Call (734) 453-7806. 

 

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Drinking and Driving in Troy http://thelawyermichigan.com/drinking-and-driving-in-troy/ http://thelawyermichigan.com/drinking-and-driving-in-troy/#comments Thu, 03 Apr 2014 17:07:00 +0000 Aaron Boria http://thelawyermichigan.com/?p=3094 While we love writing about dismissals and major reductions in drinking and driving cases there are some cases where the police have done their job properly and the case cannot be dismissed due to legal error (although we still obtained a reduction in this particular case.)

These cases become damage control. In a damage control case we do everything we can to help our client keep their license, reduce points that will make insurance go up, prevent jail time, lower or eliminate community service, reduce JAMS and chemical testing, and more.

Drinking and Driving in Troy

Our client had consumed a few beers in Clawson and was pulled over on his way home for a brake light being out. It is a civil infraction not to have your lights in proper working order and gives legal reason for the police to stop you. Once the police stop you they can order you out of the car and ask you to preform field sobriety tests if there is reasonable suspicion that you have been drinking. Reasonable suspicion could constitute the smell of alcohol on your breath, blood shot eyes and an admission that you had been drinking.

The officer can then arrest you if his suspicion that you have been drinking is confirmed. In this case the client failed his field sobriety tests and blew a blood alcohol level that exceeded .08. The case was heard at the 52-4 District Court in Troy

Luckily, we were still able to work a deal out for our client where we were able to save him from having his license suspended. We also saved him points on his license, $1,000.00 to the secretary of state, and a few hundred bucks to the court.

Probation was recommending that our client have 40 hours of community service, and weekly testing. After the allocution we gave at sentencing heard by Judge Hartig she agreed that the recommendation by probation was too much. The judge canceled the community service and ordered that the testing only be as directed.

Michigan DUI Lawyer

Even in cases where the deck may be stacked against us we are able to achieve amazing results for our clients. Aaron J. Boria is a criminal defense lawyer who takes pride in his work. Customer satisfaction is important to us, which is why we know how important it is to make the best of a bad situation.     

Call (734) 453-7806 today for a free consultation. 

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Amazing Result in Oakland Circuit Court http://thelawyermichigan.com/amazing-result-in-oakland-circuit-court/ http://thelawyermichigan.com/amazing-result-in-oakland-circuit-court/#comments Wed, 02 Apr 2014 17:59:56 +0000 Aaron Boria http://thelawyermichigan.com/?p=3087 Felon in Possession of a Firearm

Our client had been charged with Felon in Possession of a Firearm, a 5-year offense, along with a 2-year Possession of Marijuana offense, and a misdemeanor for Possession of a Switchblade. To make matters worse, our client has a fairly extensive criminal history and was a habitual 4th offender, which significantly increased the time he could serve in prison. To make matters even worse, he was on bond for a felony DUI when he was arrested for this offense. Michigan Department of Corrections was recommending a minimum of 9 months up to 49 months in prison but would not have to release him for 5 years.

The result – we were able to get  Judge Chabot to depart from the guidelines and order 6 months in jail that would run concurrent with the felony OWI; another words, the judge sentenced our client to time he was already serving on a previous offense.

Other than having to pay some fines our client got a free pass.

Felony Firearm in Oakland County

The case originated in the City of Milford and was heard at the the 52-1 District Court in Novi, Michigan before being bound over to the Circuit Court. There was concern that because a handgun was found with our client and he was charged with felon in possession of a firearm that they would also add Felony Firearm, an offense that carries a mandatory two years on top of any other time. If convicted our client would have been required to serve 2 years in prison followed by the sentencing guidelines of another 9-49 months up to 5 years in prison.

Prior to the preliminary exam being held, we were able to speak with the Oakland County Prosecutor and reach an agreement to avoid the mandatory 2-year offense. 

Oakland County Lawyer

Aaron J. Boria, PLLC, regularly represents clients in Oakland County Circuit Court and in the district courts. The Oakland County Prosecutor has a reputation for being tough but it isn’t anything we can’t handle. We hear stories about other attorneys being afraid to stand up to the Oakland County Prosecutor, or are afraid of the judges.  When you hire Aaron J. Boria you get an aggressive and respected criminal lawyer that will fight for your rights and protect your future. Call (734) 453-7806.

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52-1 District Court Judge Faces More Heat http://thelawyermichigan.com/52-1-district-court-judge-faces-more-heat/ http://thelawyermichigan.com/52-1-district-court-judge-faces-more-heat/#comments Mon, 24 Mar 2014 16:17:56 +0000 Aaron Boria http://thelawyermichigan.com/?p=3081 Judge MacKenzie

Judge MacKenzie of the 52nd District Court located in Novi, Michigan, has been under fire from the Oakland County Prosecutor’s office all year. A secret audio recording made by defense counsel in chambers was released to the press and is being reviewed by the FBI.

Judge MacKenzie 52 District Court

You may recall earlier this year hearing about allegations of illegal sentences handed out my Judge MacKenzie. Some of the allegations included sentencing defendants without the prosecutor present. Other allegations included giving defendants special sentencing status that they weren’t legally eligible for. One allegation even accuses his court recorder of falsify transcripts.

The Oakland County Circuit Court is handling the complaint filed by Oakland County Prosecutor, Jessica Cooper in regards to the illegal sentencing. Circuit Court Judge, Collen O’Brien ruled MacKenzie violated the law on eight occasions and is now supervising part of MacKenzie’s Docket.

Secret Audio Recording in Court

The newest scandal at the 52-1 District Court involved a defense lawyer, assistant prosecuting attorney, Peter Menna, Walled Lake Police, and Judge MacKenzie.

The defense lawyer was representing a client who was charged with drinking and driving who was also Tasered after the incident by Walled Lake Police. The client felt that the use of the Taser was excessive force. We have seen the video and agree that the force by police certainly was excessive. From the sound of the audio recording, others may have believed the defendant’s claim that the Taser shouldn’t have been used.

Check out the recording here.

Police Brutality

According to the Free Press, the defendant refused to drop the lawsuit against Walled Lake Police. The defendant was jailed. The defense lawyer and his client sued police in federal court and were awarded $150,000.00 in a settlement.

Michigan Criminal Lawyer

If you have been charged with a crime in the 52-1 District Court we can help you. Aaron J. Boria has appeared in that court countless times and knows how to deal with the judges, prosecution, and police.  Call (734) 453-7806

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Don’t let an Assault Land You in Jail http://thelawyermichigan.com/dont-let-an-assault-land-you-in-jail/ http://thelawyermichigan.com/dont-let-an-assault-land-you-in-jail/#comments Sat, 22 Mar 2014 14:12:05 +0000 Aaron Boria http://thelawyermichigan.com/?p=3078 Criminal defense lawyer

Most of the time our firm handles an assault and battery matter it is because alcohol is in the mix, someone couldn’t handle it, and the liquid courage went a little to far. The worst part about the assault cases we defend is that the majority of them are for the people that were defending themself, not the initial aggressor.

We are happy to report that we have had juries return not guilty verdicts on assault and battery, domestic violence, and even felony assault charges. Call (734) 453-7806 for real criminal defense.

Self Defense in an Assault Case

If you were charged with an assault but you were defending yourself then you are entitled to a not guilty verdict. Many people believe they can go into court and simply tell the judge, “I was defending myself” and they will be free to go; unfortunately, that is not the case.

To effectively assert a self-defense claim you must establish facts at a trail asserting that you were acting in defense. This can be done by taking the stand and testifying, and it can be by done by other witnesses testifying in such a way that shows you were acting in self defense.

The judge will then tell jurors that they must find you not guilty if your belief was reasonable that you needed to act in self-defense, and that the jurors believe that belief was reasonable.

Michigan Assault Lawyer

At the Law Office of Aaron J. Boria, PLLC, we are real criminal defense lawyers. We take cases to trial and we get Not Guilty verdicts. If you go with a lawyer that is going to get you a “good deal” you will never have an opportunity to claim you acted in self-defense and will likely end up in jail or on probation.

When you want to fight call our office (734) 453-7806. If you want to roll over and hope the judge goes easy on you call another lawyer. 

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