MICHIGAN LAW BLOG
Armed Robbery Reduced to Misdemeanor

Our client was charged with the life offense of armed robbery. The case was ultimately reduced to a 93 day misdemeanor and our client didn’t serve a single day in jail. Charged with a crime? Call Michigan criminal lawyer, Aaron J. Boria (734) 453-7806.

It is not every day that a criminal charge is reduced from a life offense to a misdemeanor.

Armed Robbery in Michigan

The charge of armed robbery can be found at MCL. 750.529, and states:

A person who possesses a dangerous weapon or an article used or fashioned in a manner to lead any person present to reasonably believe the article is a dangerous weapon, or who represents orally or otherwise that he or she is in possession of a dangerous weapon, is guilty of a felony punishable by imprisonment for life or for any term of years.

Armed Robbery Allen Park Michigan 

The Allen Park Police reported in this case stated that three women were in a strip mall located in the Metro Detroit area. That two of the women were stealing items from a clothing store. On their way out the security guard tried to stop them and a fight broke out near a van. The third girl, our client, came up to the scuffle and told the man that if he did not back away she would shoot him and began to reach into her purse. The three were arrested later and charged. Our client was charged with the life offense or armed robbery.

Our client went with two of her friends to the shopping center and went into a different store than her friends. She was not with her friends when they committed the larceny inside of the store. When our client walked out of the store she saw her two girlfriends fighting with a man dressed in plain clothes. At this point, not seeing anything that would identify this man as security our client tried to help her friends by threatening to use a gun. She was later arrested because they thought she was an accessory to helping her friends get away with the items.

The biggest hurtle in a criminal case like this is trying to figure out which story a jury will believe. On one hand a jury may acquit the client and on the other they may find her guilty and she would wind up in prison for years. This is a major gamble when you negotiate an amazing offer from a life offense to a simple shoplifting charge. 

24th District Court Lawyer – Allen Park 

After meeting with the Wayne County Prosecuting attorney and the Allen Park detective in charge they were able to look at the facts of the case and see that the case was over charged. 

The prosecuting attorney was willing to offer a plea to the misdemeanor offense of retail fraud with an agreement of probation for a year.

In this case the client agreed that the plea offer was so sweet that she could not risk having a jury convict her and being sent to prison because they believed the security guard over her.

Sometimes what a client really needs is a voice. Someone that can tell their side of the story void of personal emotion. someone that can get the prosecutor and police to listen and have an open mind, someone that will stand up for them.

The 24th District Court Judge Richard Page agreed to accept the amazing plea deal and sentence the client to a term of probation. 

If you have been charged with armed robbery contact Armed Robbery Attorney, Aaron J. Boria (734) 453-7806
Should I Refuse a Breathalyzer? Michigan DUI Lawyer Answers

Should you refuse a Breathalyzer when being stopped for drinking and driving? Call Michigan DUI lawyer, Aaron J. Boria today (734) 453-7806. 

Every case is different and you should consult a lawyer before making the decision, but in the majority of cases it is better to refuse the preliminary breath test (PBT) and consent to the implied consent chemical test. 

The the key difference between a PBT refusal and an Implied Consent refusal is that the PBT occurs before arrest and refusal is only a fine, whereas implied consent occurs after attest and refusal results in 6 points being added to your driving record and your license is suspended for a year. 

Understanding the DUI arrest 

Once the police have pulled you over for committing a civil infraction (or for some behavior that lead the officer to believe that you have been drinking) the officer will attempt to gain evidence to use against you.

The officer is looking for probable cause that you are driving under the influence. The officer will try to get you to admit you have been drinking. He will tell you that you smell like booze. He will ask you an incriminating question, “How much have you had to drink tonight?” He may order you out of the car to perform field sobriety tests and ultimately to take a preliminary breath test. All of these tests are designed to lead to your arrest – not your release.

Refusing a Breathalyzer

The PBT is a tool used to gather evidence of a crime and support an arrest. If you refuse the preliminary breath test (PBT) the officer will have less evidence to use against you, and may result in your release. A preliminary breath test is the test that is offered or demanded by the police officer on the scene before you are arrested.

The officer may still arrest you without the PBT, but if there wasn’t enough evidence the judge could dismiss the case later. If you refuse the preliminary breath test the punishment is a civil infraction, not a crime, and zero points on your license. 

Refusing an Implied Consent Chemical Test

The state of Michigan has deemed that you have consented to chemical testing once you have been arrested for drinking and driving. This is the Michigan Implied Consent Law for chemical testing. This chemical test can come in the form of a breath test, urine test, or blood test. 

The implied consent test would come after you are arrested and usually at the police station, but could also happen at a medical facility in cases of blood draws.

If you refuse the Implied Consent chemical test the punishment is 6 points on your license, $2000.00 in fines, and your license will be suspended for a year. It is highly likely that the police will get a warrant for your blood if you refuse the test and get the evidence anyway.

Even if you beat the drinking and driving case you could still wind up with the punishments of the implied consent refusal.

Every case is different, before making a decision to refuse any chemical test consult with your lawyer. Weigh out the possible penalties and benefits that you will face as a result of a refusal.

Michigan DUI Lawyer

If you have been charged with drinking and driving or are facing an implied consent refusal contact Michigan DUI lawyer Aaron J. Boria today (734) 453-7806. We are not afraid to take a DUI to trial like many so called DUI lawyers.
HYTA – Holmes Youthful Trainee Act

If you are being charged with a crime you may have heard the term HYTA, or Y. T. A. and wondered what it means. Michigan criminal defense lawyer explains what it is, who is eligible, and how it can help you if you are being accused of a crime. 

Call Aaron J. Boria today if you are being charged with a crime (734) 453-7806. 

What is HYTA? 

HYTA is a Michigan law that can be found at MCL 762.11. 

What does HYTA mean?

HYTA is an acronym for the Holmes Youthful Training Act.

What does HYTA do?

HYTA gives the Defendant a chance to keep a clean record. The Defendant pleas guilty and is placed on “HYTA status.” This is a period of time where the Defendant is on probation OR in jail. If the offender completes what is asked of them then NO CONVICTION IS ENTERED. This means that there is no criminal record, your record stays clean.

Having HYTA status means that your arrest record and criminal record cannot be scene by potential employers, schools, or the public in general. 

Who is eligible for HYTA?

Anyone between the ages of 17-20 years old who is not facing a punishment of life in prison or pleading guilty to a major controlled substance or traffic offence is eligible for HYTA. It is not automatic, the judge in many cases is reluctant to grant such a special status. 

In the last few years the statute was expanded, now someone from the age or 21 but under the age of 24 can be granted HYTA if the prosecuting attorney is in agreement.

What if I violate probation while I am on HYTA status?

If you fail to comply with probation while on HYTA status a conviction for the underlying crime is entered and your record is no longer clean and you can be sentenced again which could mean jail.

 

 
West Bloomfield Assault – 48 District Court

Our client was charged with multiple assault charges at the 48th District Court in West Bloomfield and facing serious jail time with Judge Small. Michigan criminal lawyer, Aaron J. Boria negotiated a simple attempted Disturbing the Peace charge and our client was given a mere two months reporting probation.

Charged with a crime in the 48th District Court or anywhere else in Michigan? Call Michigan criminal lawyer Aaron J. Boria today (734) 453-7806.

48th District Court Assault Charge

Our client was charged with two misdemeanor counts, one for assault and battery, and was facing some serious jail time with the notorious Judge Small at the 48 District Court in Bloomfield Hills.

The result – both charges dismissed for a plea to a minor attempted misdemeanor and only 2 months of reporting probation.

Our client was out with some friends having a great time at the Library Pub in West Bloomfield. The group of friends was out celebrating; one of the friends bought his first home.

Our client, who was planning on drinking alcohol, was being responsible and made sure that he had a ride.

Toward the end of the night the group started doing shots of liquor. Our client ended up having a few to many. Around 2 AM our client went out to the parking lot to find his ride, but due to some miscommunication both rides left thinking the other had driven him home.

Our client began to walk around the parking lot looking for his ride. While having a blast at the Pub, our client drank too much. He doesn’t normally drink liquor and in this case he had really overdone it. His blood alcohol was more than three times the legal limit.

While drunk in the parking lot he began talking to patrons and due to his level of intoxication he come across as disruptive.

We were able to obtain a video from the pub. It was hard to tell on the video but our client may have hit someone. Moments later another patron hit him in the head with an ice scraper. A bouncer from the Library Pub held our client until the police arrived. Our client was arrested and taken in by West Bloomfield Police.

Assault and Battery West Bloomfield

The primary offense was assault and battery, a misdemeanor punishable by up to 93 days in jail and a $500 fine plus cost. 2 years of probation and hours of community service is also a possibility.

Disorderly Conduct West Bloomfield

The second offense was disorderly conduct, also a misdemeanor punishable by up to 90 days in jail and a $500 fine plus cost. 2 years of probation and hours of community service is also a possibility.

Bloomfield Hills Criminal Lawyer

It is important to get the evidence in every case. If we had not obtained the video we would not have been able to prove that our client was just as much a victim. After we were able to obtain the vehicle we were able to show that the prosecutor had a weak assault case. Further we were able to show that the other patron should have been charged with a crime but wasn’t. As a result we were able to negotiate a very lenient offense for our client – attempted disturbing the peace, there cannot be much more lenient offenses than this one.

To take it a step further, Judge Small at the 48District Court, whom is known for giving jail time for drinking related offense, was willing to look at the facts of the case and tailor a sentence that fit the crime. Even with a blood alcohol more than three times the limit Judge Small was willing to listen to our sentencing argument and give an appropriate sentence – for that we are really impressed with her.

The sentence in this case was 4 months of probation with only 2 of the months being reporting probation. Our client wasn’t sentenced to a single day in jail.

If you have been charged with a crime contact criminal defense lawyer, Aaron J. Boria today (734) 453-7806.

 

 
Open Container Law Michigan

Charged with a crime for having an open alcohol container? Michigan criminal lawyer, Aaron J. Boria has a record of obtaining dismissals, keeping clients out of jail, and their records clear of criminal convictions.

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

What is Open Intoxicant in Michigan?

Michigan law, MCL 257.624a, makes it a crime for anyone to transport a container of alcohol that has been open. 

When a suspect is facing a criminal charge, it is always the burden of the prosecutor to prove the offense beyond a reasonable doubt. In order for the County Prosecutor to prove the offense of open container in Michigan they would have to show that the suspect: 1. was transporting or possessing 2. an alcoholic liquor 3. in a container that is open or uncapped or where a seal is broken and that is:

a) within a passenger compartment of a vehicle on a highway, or

b) within the passenger compartment of a moving vehicle in any place open to the public, or

c) generally accessible to a motor vehicle that is in an area created for parking vehicles.

What is the Punishment for Open Intoxicant in Michigan? 

The punishment for open container in Michigan or the transportation of open liquor in Michigan is up to 93 days in jail and a $100 fine for a first offense. In addition to these penalties, a person could also be facing other consequences such as probation for up to 2 years, community service, and could be banned from drinking alcohol while on probation.

What is the Defense for Open Intoxicant in Michigan? 

As a general tip, always transport alcohol in your trunk.

Defenses in any criminal case vary depending on the facts and situation of the individual case. No case is exactly the same. Make sure to hire an experienced criminal defense lawyer when charged with a crime. Here are a few examples of defenses to open alcohol in Michigan:

Person was not in possession of any alcoholic liquor

A person was not in the vicinity of a motor vehicle

A person was not aware of open alcohol in the vehicle

The police did not have a valid reason to stop the vehicle

The police did not have a valid reason to search the vehicle

Michigan Criminal Defense Lawyer Open Container in Michigan

If you have been charged with Open Container or another crime contact Michigan criminal lawyer, Aaron J. Boria today (734) 453-7806

A suspect had just gotten off work and was called by his roommate to pick him up from a party. The roommate had been drinking. After the suspect and roommate pulled into their driveway, two police officers on foot approached them. The officers asked if anyone had been drinking. The suspect informed the officers that he had not been drinking because he had just gotten off work. As the officer was questioning the roommate the officer noticed an open container in the roommate’s pocket. The officer then proceeded to charge the suspect under the Open Container Law in Michigan for transporting open alcohol.

Criminal lawyer, Aaron J. Boria was hired and we were able to negotiate a civil infraction for our client, the same category as a parking ticket. After hiring Boria the client walked away without a criminal conviction, no probation, no jail time. Our client paid a fine and left the court. 

 
Contributing to the Delinquency of a Minor Michigan

Contributing to the Delinquency of a Minor

Not Guilty! The verdict the Jury rendered after 12 minutes of deliberating on the charge of contributing to the delinquency of a minor. See below for details. 

If you have been charged with Contributing to the Delinquency of a Minor call criminal defense lawyer, Aaron J. Boria (734) 453-7806.

Contributing to the delinquency of a Minor in Michigan

Michigan law, MCL 750.145, states that it is illegal to cause a child under the age of 17 to become neglected or delinquent. 

As a defense lawyer, contributing to the delinquency of a minor is charged most often when children are left alone in a situation that results in the child getting hurt or a great likelihood that they could get hurt.

A real life example is when a parent leaves their child in a car, unattended, while the parent runs into a store. An onlooker notices the child alone and worries about someone kidnapping the child, the child starting the car, or suffering from extreme temperatures from being stuck in a vehicle. Police get called and the parent gets charged with putting the child in potential danger. 

Contributing to the Delinquency of a Minor Defense

  • Like most criminal cases, the defense to a criminal charge is based on the facts of each individual case. 
  • Common defenses are that the child was not injured and it was unlikely that they could be injured. 
  • The person being charged was not responsible for that child. 
  • The child was 17 or older.
  • The allegation isn’t true. 

Contributing to the Delinquency of a Minor Penalties

If found guilty of the charge of contributing to the delinquency of a minor you could face up to 90 days in jail, a hefty fine ($500) plus costs, probation, and community service.

If you are being charged with a crime hire the Michigan criminal defense attorney that isn’t afraid to go to trial and will do more than just “get you a deal”. Hire criminal defense attorney, Aaron J. Boria (734) 453-7806.

Contributing to Delinquency of a Minor Court Victory 

Charles Hubbert was criminally charged with Contributing to the Delinquency of a Minor, a criminal misdemeanor charge that carries up to 90 days in jail and/or a $500 fine plus costs.

The statute for contributing to the delinquency of a minor can be found at MCL 750.145. 

The Wayne County Prosecutors Office had offered Charles a plea bargain in exchange for a plea of guilt to contributing to the delinquency of a minor. The plea bargain was the promise of no jail, no probation, and a small fine but contributing to the delinquency of a minor would be forever etched into his record. Even with such a great offer on the table Charles rejected it asserting his innocence and proceeded to trial knowing very well that if found guilty he would very likely go to jail.

In order to sustain a guilty verdict the prosecution had to prove that Charles did by act or word, encouraged, contributed toward, caused, or tended to cause a child to become neglected or delinquent and come under the jurisdiction of the family court.

The criminal trial of Contributing to the Delinquency of a Minor lasted one day. Four witnesses were called, including a Melvindale Detective and Charles Hubbert himself.

Charles stated, “I did not contribute to the delinquency of a minor, I love that child!”

Charles is a great man; he did everything he could to protect the child he was accused of contributing to the delinquency of. Sometime the prosecution is too quick to charge someone with a crime without getting the true story.

The trial took place at the 24th District Court in Allen Park, Michigan. Judge Page presided over the proceedings.

In 12 minutes the jury returned with the verdict of Not Guilty, acquitting Charles of the charge of Contributing to the Delinquency of a Minor. Charles walked out of court a free man.

 
35th District Court – Plymouth

The 35th District Court is located at 660 Plymouth Rd, Plymouth, MI 48170. The Court handles misdemeanors and felonies at the preliminary examination stage. The court also handles civil matters where the value in dispute is under $25,000.00.

Criminal lawyer Aaron J. Boria has handled hundreds of criminal cases and is well known at the 35th District Court. Police officers, court staff, and even lawyers hire Aaron J. Boria when they or their loved ones are facing criminal charges. If you have been charged with a crime then you need to call Boria at (734) 453-7806. 

35th District Court

The 35th District Court claims jurisdiction over the City of Northville, Northville Township, Plymouth City, Plymouth Township, and Canton. It is the only court in the state that claims jurisdiction in both Wayne County and Oakland County.

If you are charged with a felony and the matter is bound over then it will go to either the Oakland County Circuit Court or the Wayne County Circuit Court. More than likely it will be the Wayne Circuit Court as only a small portion of Northville falls in Oakland County.

35th District Court Judges

There are three judges at the 35th District Court and they are Judge Gerou, Judge Plakas, and Judge Lowe.

Judge Lowe has been there for the longest period of time with judge Plakas being there for the shortest.

Each judge has their own policies that your lawyer will need to be aware of.

Charged with a crime – 35th District Court

If you are charged with a crime at the 35th District Court you will first be arraigned. We advise our clients of their rights, the charges against them, and file documentation on behalf of our client’s to save them the hassle of going to court for the arraignment. This saves our client a trip in front of the judge, having to miss work or school, and costly bond conditions. 

After the arraignment you and your lawyer will attend a pretrial. The pretrial is a face to face meeting where your lawyer will discuss the strengths and weakness of the case in hopes of getting you a dismissal or reduced plea.

After the pretrial the case could go many different ways, such as a trial, motion, evidently hearing, plea, or dismissal. You and your lawyer will discuss the way your case will go at that point. 

35th District Court Lawyer

If you have been charged with a crime in Northville, Plymouth, or Canton then you need to call 35th District Court lawyer, Aaron J. Boria.

Defense attorney Boria has had multiple jury trials in the 35th District Court and has won trials in front of each judge there, reduced felonies to misdemeanors, and obtained dismissals.

The prosecuting attorney’s have tremendous respect for criminal lawyer, Boria’s skills and as a result Boria is able to get his client’s better plea deals then most lawyers that go to that court.

If you have been charged with a crime call (734) 453-7806 for a free consutlaiton.

Recent victories include:

Drunk Driving – Not Guilty
Larceny – Not Guilty
Assault – Not Guilty
Larceny from a building – Not Guilty
Disorderly Conduct – Dismissed
Felony drunk driving – reduced to misdemeanor

 

 
Man found not guilty of domestic violence in Washtenaw

On December 21, 2017, Ted Trotter was charged with Domestic Violence. Ted made the right decision and hired domestic violence lawyer and criminal defense attorney, Aaron J. Boria to defend him. After months of battling, motions, and court battles the trial was set for May and lasted a full day. Finally, on June 25th we received an order of acquittal, a not guilty verdict that released Ted from his nightmare, he was a free man.

To date, Michigan criminal defense lawyer, Aaron J. Boria has won every domestic violence case he has taken to trial. Boria fights for his clients and gets results other attorneys simply do not. If you have been charged with a crime contact Aaron J. Boria today (734) 453-7806.

Charged with Domestic Violence

Ted Trotter (name changed to protect privacy) had just filed for divorce and he feared the allegations of assaulting his wife would not only end in him going to jail but his soon to be ex-wife getting more than her fair share of alimony, and other marital possessions.

 It all started back in November at the marital home in Chelsea when Ted’s wife went through his phone and discovered that he had been having an affair with a woman from work. His wife, enraged, woke Ted up in a furry. She struck him with a bar glass and threw other objects at him until he left the home. Later his wife would tell the police that when she confronted Ted about the affair he became angry and pushed her around before leaving the house.

The next day she was able to track his phone to a hotel in Romulus where she and their minor daughter stole his truck, drove it back to Chelsea, and carved clever sayings like “WHORE” and “MISTRESS NAME DESTROYED MY FAMILY” into the paint of the vehicle. They also filled the inside of the vehicle with a sticky substance.

Later that day, Ted got a ride to the marital home to get his truck back. When he arrived, he went inside to see his wife standing in the kitchen with a kitchen knife. His wife started screaming. In a frenzy, while screaming about Ted’s affair, she took the knife and plunged it into her thigh.

The kids walked into the house only moments after; the wife quickly concealed her wound. Being a knowledgeable nurse, she went upstairs and did her best to close the wound herself. The wife would later tell the police that Ted hit the knife into her leg, and that story would change again to claim that Ted bumped into her and it may or may not have been an accident. Shortly after this incident Ted filed for divorce.

The last incident occurred just a few days before Christmas. Ted was now living at his cousin’s house in Dearborn. His wife asked if Ted could come to the marital home in Chelsea and fill the water softener, bring dinner for the kids, and talk about their daughter. Ted agreed so long as they would not talk about the affair or getting back together.

Ted arrived and dropped off the food. He went downstairs and filled the water softener. His wife followed him downstairs and cornered Ted in one of the basement rooms. The wife stood in the doorway, outstretching her arms so Ted couldn’t leave, and demanded that Ted talk to her about the divorce.

After telling her to move several times, Ted dove between her hip and the door jam, under her arm, and barley squeezing his way out of the room. Ted ran upstairs and when he got only a few steps up his wife jumped onto his back and wrapped her arms around his neck in a desperate attempt to keep him from leaving. Ted called his daughter who jumped into the fray trying to get her mom off of her dad’s back and to stop her mom from falling down the stairs. At trial, the stair incident was described by all three as a melee. Picture three people with a combined weight of about 500 pounds trying to work their way up a residential staircase tangled up in a knot.

When Ted got up to the main floor he started for the front door where his shoes were. His wife got there first and again blocked the door. Ted was able to grab his shoes and escape out the backdoor.

His wife called the police and when they arrived she told them that while she was standing near the door in the basement room she was never blocking it, even though she admits Ted asked her to move several times. She told three different stories over the course of a few months. One story involved him shoving her and she had to use a table to support her. She told a second story where she was pushed into a shelf and told a third where she was pushed onto some bags and choked.  She denied climbing on him while going up the stairs but agreed there was somehow still a melee.

The police took the report and submitted it to the Washtenaw County Prosecutor who bought the story and agreed that they would charge Ted with the criminal offense of Domestic Violence.

Domestic Violence Penalties

If convicted of the charge of Domestic Violence Ted would have faced up to 93 days in jail, a $500 fine with costs that would likely exceed well over $1000. Ted would have been permanently labeled a violent criminal and lost his ability to carry a concealed weapon.

He could have been placed on probation for up to two years where he could have been ordered to submit to random alcohol and drug tests, community service, work detail, substance abuse classes, anger management, and more.

 Domestic Violence Plea Deal

The Washtenaw County Prosecutor’s Office first refused to offer any deal in this case. The reason the prosecutor gave for no plea reduction was because of the alleged prior bad acts Ted’s wife claimed on the night she found out about the affair and the day she stabbed herself blaming it on Ted.

After pointing out some problems with the prosecutor’s case, including evidence that the wife very well may have been the attacker, the prosecutor’s office agreed to offer a plea under MCL 769.4a.

MCL 769.4a is a diversion program where by a defendant accepts responsibility for domestic violence and is placed on a term of probation. The benefit is that the record is sealed from the public and by statute it is not a conviction. MCL 769.4a allows someone to deny being convicted of domestic violence, allows them to retain gun rights, and on job applications they can legally say that they have never been convicted of a crime. A great result for a guilty person.

Believing he was not guilty, Ted rejected the offer and proceeded to trial.

Domestic Violence Bench Trial

The case proceeded to Trial with Judge Conlin of the 14A-3 District Court in Chelsea, Michigan. Judge Conlin is a fair judge, and probably the best judge in all of Wasthenaw one could trust to give you a fair trial, maybe in all of Michigan.

Ted had an affair, he was unfaithful to the mother of his children and wife of almost 20 years. For that reason, and because this was a he said, she said case, the only witnesses to the case being Ted, his wife, and their minor daughter, we felt that waiving the jury was the best way to go. This meant that Judge, Conlin, the fair judge, would be deciding the case based on the law, rather than a jury that might be inclined to make a decision on emotions.

MRE 404B and Domestic Violence

Prior to trial the prosecutor filed a motion to introduce prior bad acts under Michigan Rule of Evidence 404b. The rules of evidence state that prior bad acts by a person cannot be used to show conformity to their character. Another words, you can’t say because a person did something bad before it is more likely they did something bad now.

The exception is 404b where prosecutors will regularly file a request to introduce prior bad acts to show a person’s bad character in domestic violence cases.  The Washtenaw County Prosecutor’s office is notorious for filing these notices in order to introduce prior bad acts even when the claimed evidence is weak at best.

We filed a strong response opposing the introduction of the prior bad acts because they could not be trusted and it was just a likely that the wife was the aggressor not, Ted. The prosecutor withdrew her motion and we proceeded to trial only on the issues that occurred on the day Ted went to the house to fill the water softener.

The Trial

It was the morning of May 10th, and we were ready to go to battle. The prosecutor waived her opening statement and we gave a very brief opening stating that the prosecutor would not be able to meet their legal burden to show Ted guilty beyond a reasonable doubt.

The prosecutor sat at her table with one of the arresting officers and called the wife as her first witness. The wife took the stand and swore to the oath that she would testify to nothing but the truth.

On cross-exam it was my turn to put the wife’s feet to the fire. She pretended to be confused when asked tough questions. I pointed out that the police report was missing important facts an officer would likely write down when he initially took her statement. I asked her why this was the first time she ever claimed new facts about being choked? Why in her three different versions of the story did she fall on different objects? She was cross-examined about her motive to lie, about the divorce, and about how mad she was at Ted. 

Next Ted took the stand and he testified very well. The prosecutor tried to trip him up but his story never changed, he stuck to his guns and appeared to be truthful in every way.

The prosecutor called the minor daughter as their rebuttal witness. I felt this was a classless act, the daughter had been estranged from her dad for months. The daughter helped the wife get the truck and vandalize it. The daughter had been hearing the ranting and raving of her mother who was going through a very difficult divorce. She was clearly bias and could add little to the prosecutor’s case. Putting the daughter on the stand and requiring her to testify against her dad did nothing but drive a steak between any future relationship Ted and his daughter could hope to have with each other.

When both sides rested, Conlin did something I have never done before, he had us write our closing statements rather than argue them. Over the next week the prosecutor submitted her closing and I submitted mine.

On June 25, 2018, we received the order in the mail that Ted was NOT GUILTY.

Michigan Domestic Violence Lawyer

If you have been charged with Domestic Violence, or any other crime in the state of Michigan, call criminal defense lawyer, Aaron J. Boria (734) 453-7806.
OWI Plymouth Michigan

If you have been charged with drinking and driving in Plymouth you probably received a ticket that reads Operating While Intoxicated (it is also possible that your ticket could read OWI High BAC .17 depending on your blood alcohol level.)

A DUI conviction can result in jail time, the loss of your license, lots of money, and time. Hiring an experienced and aggressive drunk driving lawyer can mean all the difference when it comes to keeping you out of jail and keeping you on the road. 

Aaron J. Boria has represented countless people accused of drunk driving and appears in front of all three judges at the 35th District Court on a regular basis – usually on multiple occasions in one week or even one day. 

Boria stays on top of the law and above his competition by attending field sobriety testing training and other advanced DUI courses. 

Call (734) 453-7806 to speak with the DUI lawyer that his clients have described as “Honestly I could say he’s the best! Highly recommend going to Mr. Boria!”

35th District Court

There are several different police jurisdictions within Plymouth and they are Plymouth City Police, Plymouth Police who serve the Township of Plymouth, the Wayne County Sheriff, and Michigan State Police.  

Regardless who arrested you, your case will be heard at the 35th District Court in Plymouth on Plymouth road. One of three judges will preside over your case: Judge Plakas, Judge Lowe, or Judge Gerou.

Each of the judges handle drinking and driving cases differently. All of the judges will likely order that you don’t drink alcohol while you are being accused of drunk driving. Judge Plakas however will often require that the person accused of DUI will be required to randomly test for alcohol while their case is pending. 

Boria prides himself on being familiar with the court, prosecutors, the judges and their procedures, so that our clients know what to expect before it happens when being accused of DUI. 

The court procedure for OWI in the 35th District Court is the same as any district court in the state. By Michigan Court Rule, the case will start with an arraignment and is followed by a pretrial. Depending on the direction of your case you will proceed to trial, sentencing, or a dismissal after the pretrial hearing.

OWI Plymouth Lawyer

There are three main areas to challenge an Operating While Intoxicated charge.

The first area is the stop. Police must have a legal reason to pull you over; they cannot just stop you because they feel like it. A bad stop could mean the dismissal of the charges against you. 

The second area to challenge an operating while intoxicated charge is the arrest. Even if the stop was legal but the arrest wasn’t then your case will be dismissed.

Finally, the last major area to challenge an OWI is the chemical testing which is usually performed at the Plymouth police station. If the testing wasn’t performed correctly then the results can be suppressed and if they are your case will be dismissed.

Even if the police properly stopped you, arrested you, and performed chemical testing properly for drinking and driving OWI lawyer Aaron J. Boria can still get you great results. 

Many of the cases we handle are hopeless. Our client clearly behaved in such a way that would lead the common person to believe that they violated the DUI laws. Still, we are usually able to save them hundreds if not thousands of dollars, keep their license, save them from points, and keep them out of jail. 

If you are facing a drinking and driving charge in Plymouth contact OWI lawyer Aaron J. Boria today (734) 453-7806.

Plymouth DUI Lawyer Results

There is a reason why other lawyers, court personal, medical professionals and even police officers turn to Aaron J. Boria when they or their loved ones are charged with drunk driving and that is because Plymouth criminal lawyer, Aaron J. Boria gets results other lawyers simply do not.

Our recent results at the 35th District Court on drinking and driving alone include

Not Guilty on OWVI

Multiple felony drunk driving offenses reduced to misdemeanors

OWI reduced to Reckless Driving

Multiple Super Drunk High BAC .17 cases reduced to Impaired driving

To date, no client of ours has ever gone to jail for a first offense or second offense conviction for drunk driving at the 35th District Court.

If you have been charged with drunk driving at the 35th District Court than you need the best DUI lawyer around, you need Aaron J. Boria (734) 453-7806. 
Larceny Lawyer Canton Obtains Not Guilty Verdict

Last week a Canton Jury returned a verdict of Not Guilty at the 35th District Court. A local Canton citizen was arrested and charged with Larceny. He knew he wasn’t guilty and he hired the right lawyer, Aaron J. Boria. In less than 5 minutes the jury acquitted him of the charge.

Our client walked out of the Canton Court a free man.

If you have been charged with Larceny in Canton or another crime you need to call Canton criminal defense lawyer, Aaron J. Boria (734) 453-7806.

Larceny Lawyer in Canton

Western Wayne Police Task Force was following our client. The police secretly watched him pull in and out of several tire shops that had closed for the night. Our client was observed driving into the parking lots and then driving away.

Finally, at the Discount Tire store on Ford Road in Canton he pulled in and went to the back of the store near the dumpster. Against the exterior wall was a stack of used tires in what we would later find out to be called a lace pattern. Our client started loading his truck with the tires. Police quickly moved in on him, guns drawn, and arrested him.

Our client tried to tell police that he thought the tires were garbage. Nonetheless, police booked him. The next day the officer contacted the store manager who wanted to press charges and our client was charged with the crime of larceny.

Believing he did nothing wrong, our client hired Canton criminal defense lawyer Aaron J. Boria and we took the case to trial.

The case was heard at the 35th District Court, which has jurisdiction over Canton, Northville City, Northville Township, Plymouth City, and Plymouth Township. Judge Gerou oversaw the trial. The jury consisted of 6 women and one man who turned out to be the alternate so the women decided.

The Canton Prosecutor called several police witnesses and the Discount Tire Store manager. Video of the arrest and other exhibits were submitted as evidence; the trial lasted one full day.

The store manager testified that they pay a special service to dispose of these tires and they were not for the public to take. He also testified that it is illegal to just dispose of the tires and doing so would result in a fine and criminal liability. He went on to state that Discount Tire does not let the public have these tires because there is potential for civil liability.

The Canton ordinance on Larceny states, “It shall be unlawful for any person within the township to steal or attempt to steal or unlawfully take or attempt to take any money, goods, chattels, or property of any other person.” Because the ordinance makes no mention of a required value the prosecutor tried to argue that our client was guilty by the mere fact of taking anything.

The Canton Prosecutor also argued that because my client took the tires at night, while wearing dark clothing, and went to the back of the store and shut his car’s lights off that he knew he was committing a crime.

Boria argued that the tires were garbage and you cannot steal garbage. Boria asked the jurors to use their common sense. The jurors did use their common sense and found our client not guilty in less than five minutes of deliberation.

Larceny in Canton – Larceny Penalties

If you have been charged with larceny in Canton you could be charged under the state law, MCL 750.356, or under Canton Ordinance section 46-82.

In this case the value of the goods was under $100, so the potential penalty under either law is up to 93 days in jail and a $500 fine plus costs. There is also the possibility of treble damages, meaning you could be ordered to pay three times the value of the item taken.

Had our client been convicted it is likely that he would have been placed on probation for 6 months to a year, ordered to pay fines and costs, ordered to do either community service or work program, and also ordered to complete an economic crime program.

A collateral consequence is that this theft crime would be permanently added to his criminal record. If you are not a citizen larceny is a crime of moral turpitude and can have a negative impact on immigration status and even result in deportation.

Canton Larceny Lawyer

Canton criminal lawyer, Aaron J. Boria, has appeared hundreds of times over the years at the 35th District Court. Boria has won multiple jury trials, obtained reductions from felonies to misdemeanors, and outright dismissals. Results that some other lawyers brag about are simply routine at our office.

If you have been charged with a crime you want the best lawyer around. Call criminal defense lawyer, Aaron J. Boria. We obtain results that other lawyers simply do not. (734) 453-7806.