MICHIGAN LAW BLOG
Northville OWI Lawyer

The Michigan State Police and local police departments have increased patrols. Police claim they are out for seatbelt enforcement but believe me, they are looking to bust anyone they can for drunk driving.

A drunk driving charge carries serious consequences and can even result in the loss of your job. If you have been charged with OWI (Operating While Intoxicated) then you need to call Northville OWI lawyer, Aaron J. Boria (734) 453-7806.

If you have been charged with drunk driving you are not alone. Over the Thanksgiving Holiday Michigan State Police increased patrols for their annual C.A.R.E. (Crash Awareness and Reduction Efforts). This program and many others were be ramped up over the following weeks. When they end new programs begin for St Patrick’s Day and other holidays as the year goes on. 

OWI Northville

If you have been charged with OWI in Northville then your case will be heard at the 35th District Court. The 35th District Court has three judges and they are Judge Lowe, Judge Plakas, and Judge Gerou. The 35th District Court is known for being tough on drinking and driving charges, so if you have been charged with OWI you need a serious Northville OWI lawyer.

Jurisdictions in Northville include the Township, the City, and any arrests made by the Sheriff or State Police.

Arrests made by the Sheriff and State Police will be prosecuted by the Wayne County Prosecutor’s Office. City of Northville matters are prosecuted by Plunkett Cooney and Northville Township matters are prosecuted by the Law Office of  Hemming Polaczyk Cronin Witthoff Bennett & Demopoulos PC.

Boria has won trials in front of every judge at the Northville District Court and has handled countless cases with all Northville prosecutor’s and is familiar with their practices and what to expect. 

Call (734) 453-7806 to speak with Aaron J. Boria today.

Northville OWI Lawyer

In an drunk driving case the prosecuting attorney must prove that you were over the blood alcohol limit, that you operating a motor vehicle and it was on a public road. All of these elements must be proven beyond a reasonable doubt.

In some cases our goal as an OWI lawyer is to case doubt as to if the prosecuting attorney has met their burden to prove these elements.

Other ways we defend an OWI charge is by challenging the stop, the arrest, and the chemical testing. If the police illegally stopped your vehicle without reasonable suspicion or without observing a civil infraction then your case will be dismissed.

If police illegally arrested you for OWI without having probable cause to do so then your case will be dismissed.

If the police do not obtain the evidence of your blood alcohol by blood, breath, or urine, properly then your case should be dismissed.

Call Northville OWI lawyer, Aaron J. Boria today (734) 453-7806. 
Malicious Destruction of Property – Plymouth Lawyer

The charge of Malicious Destruction of Property can be either a misdemeanor or felony offense in the state of Michigan.

What is Malicious Destruction of Property?

In order to be convicted of Malicious Destruction of Property, it is the prosecutor’s burden to prove beyond a reasonable doubt that you committed all elements of the offense. The prosecutor must prove you willfully or maliciously destroyed or injured the property of another. The destruction of property includes: burning of personal property, willfully and maliciously setting fire to property or willfully and maliciously destructing the property.

What are the Penalties for Malicious Destruction of Property?

To determine the penalties a person could face when being charged with this offense depends on the value of the property destroyed.

For a misdemeanor charge, if the value of the property was:

  1. Less than $200 in value à a. Up to 93 days in jail

b. Up to $500 in fines or 3 times the value of the property, whichever is greater

c. Community Service

2. Between $200 and $100 in value à a. Up to 1 year in prison

b. Up to $2000 in fines or 3 times the value of the property, whichever is greater

c. Community Service

For a felony charge, if the value of the property was:

  1. Between $1000 and $20,000 in value à a. Up to 5 years in prison

b. Up to $10,000 in fines or 3 times the value of the property, whichever is greater

c. Community Service

2. More than $20,000 in value à a. Up to 10 years in prison

b. Up to $15,000 in fines or 3 times the value of the

property, whichever is greater

What are Defenses for the Malicious Destruction of Property?

  1. The destruction of property was an accident. MDOP is a specific intent crime so if the person did not intend to cause damage they are not guilty. The person who did the damage is accident prone or was negligent.
  2. The person accused didn’t actually do the destruction (identification issues).

If you have other charges that are related to the malicious destruction of property it could result in harsher penalties. If you have been charged with the Malicious Destruction of Property or any related offense in the state of Michigan, please call Plymouth lawyer Aaron J. Boria at (734)-453-7806.

Aaron J. Boria, PLLC is a Plymouth based law firm that has been going strong for years obtaining results other lawyers simply cannot.
DUI Lawyer Plymouth

The Super Bowl just ended and now Saint Patrick’s Day is approaching. With all these parties comes drinking and with that, unfortunately, comes some mistakes including drinking and driving charges.

Downtown Plymouth has been as busy as always for the past few weeks with the bars packed and its only going to get busier. I myself was at the Pizza Place and at the Post this past weekend.

Some people drove home that maybe shouldn’t have and were arrested for drinking and driving. Other people were accused of drinking and driving and arrested for it that shouldn’t have been.

If you have been charged with drinking and driving contact Plymouth DUI Lawyer Aaron J. Boria (734) 453-7806.

Drinking and Driving in Plymouth

If you are charged with drinking and driving in Plymouth, Michigan then your case will be heard at the 35th District Court on Plymouth Road a few miles outside of the downtown area.

The 35th District Court has three judges that are elected. Currently the judges are Gerou, Plakas, and Lowe.

Every drinking and driving case starts out the same way procedurally. You are arraigned, then you have a pretrial, then you might have a motion or evidentry hearing, or a trial or a sentencing.

What happens at an Arraignment for DUI?

At the Arraignment the judge will tell you formally what you have been charged with. The most common misdemeanor drinking and driving offenses are Operating While intoxicated or OWI, Operating High BAC greater than .17 or Super Drunk, and Child Endangerment. In addition to being told what offense you are charged with you will likely be given a bond, which is a promise to return to court. That promise to return may also come with bond conditions such as an order to not drink alcohol, not to hang out at bars, not to leave the state without permission, and to stay out of any other trouble.

In most cases, rather than going to see the judge, I will advise my clients of the maximum penalty and inform them of their official change. From there I will waive my clients arraignment by filing special pleadings. By doing this it saves them a trip to court, which saves them from missing work, school, or having to get a babysitter, and I think we can all agree that one less trip in front of a judge hone you are facing DUI criminal charges is a good thing. 

What happens at a pretrial for DUI?

You can think of the pretrial as a formal appointment for your lawyer to sit down face to face with the prosecuting attorney. The prosecutor is the lawyer that is against you looking for a conviction. The prosecutor is on the side of the police.

During the pre trial appointment your lawyer will discuss any defenses to the charge you are being accused of or any possible dismissal or reduction to the charge.

After the pre trial the case will either go to a judge for a plea, a special hearing, trial, or it will be dismissed.

DUI Lawyer Plymouth

There are many ways to challenge a drinking and driving offense. There are three basic ways that I am going to mention in this blog article.

First, your attorney needs to look at the stop. The police must have a legal reason to stop you and if they did not then your case must be dismissed.

Second, your attorney will look at the arrest. Even if the stop was good the police must have enough evidence to make an arrest. If there was not enough probable cause to make an arrest then your case will be dismissed.

Third, the chemical testing must be preformed properly. If the chemical testing was not preformed properly then your case may be dismissed.

In all three ways mentioned above we are looking to see if the police broke the law by violating one of your constitutional rights. When the police break the law the remedy is suppression, so anything that happens after the police violate the law that evidence becomes inadmissible.

In every drunk driving case I make sure to look at tall police report and all police video with a fine tooth comb so nothing falls through the cracks. If I can find away to get a dismissal or a better deal I am going to.

Call Boria Law today at (734) 453-7806 today for a free consultation.
How to Fight a DUI in Michigan

Drinking Under the Influence (DUI) in Michigan is usually charged as Operating While Intoxicated, or OWI for short. OWI is a criminal misdemeanor that carries severe penalties like up to 93 days in jail, as well as collateral consequences such as the loss of your license or ability to enter Canada.

DUI Lawyer, Aaron J. Boria

At Boria Law, we are your premier DUI defense lawyers. We make sure to keep abreast of the newest changes in the law, and attend some of the most advance DUI defense trainings available in the country including field sobriety testing, chemical testing for both drugs and alcohol, as well as training regarding the DataMaster.

Don’t hire any lawyer when you have been charged with a DUI, hire one that knows what they are doing and will fight for you! Call DUI defense lawyer Aaron J. Boria (734) 453-7806 today for a free consultation!

Few lawyers actually fight for their clients. Many fail to file important motions or are completely unwilling to take a case to trial. When the prosecutor’s see that Aaron Boria is on the case they know that they are going to have to make an offer or have a fight on their hands.

How to fight a DUI in Michigan

Don’t let anyone tell you it is easy to beat a DUI, it isn’t. Drunk driving is heavily prosecuted in Michigan. Once a drunk driving arrest has been made it is hard to get the prosecutor to dismiss it even if the cop was wrong. In many jurisdictions, the police and prosecution would rather go to trial and lose a drunk driving case then say that they were wrong.

With that said, you have to be aggressive when defending a drunk driving charge. There are three main areas that drunk driving lawyer, Aaron J. Boria focuses on.

First, did the police legally stop you? If you were charged with drunk driving after being pulled over for a bogus reason then the judge must dismiss your case. Cops are allowed to make a pretextual stop as long as it’s legal, but they cannot pull you over for any reason at all. For instance, if you were pulled over for swerving when you clearly weren’t or for having rear tinted windows the case would be dismissed. Any evidence found as the result of an illegal stop must be suppressed. 

Second, did the police legally arrest you? Even if you were legally pulled over the cop has to have probable cause to arrest you. If the cop arrests you with out having sufficient evidence that you were operating while intoxicated then the judge must dismiss your case. It isn’t illegal to drink and drive, its only illegal to be intoxicated as defined by law.

Third, was the chemical testing done properly? If the police take your blood or your breath they are conducting a search. Certain rights apply when police search your blood or breath. Additionally, police must follow special rules when taking your blood or breath if you have been arrested for operating while intoxicated. If police fail to follow these rules you may be entitled to a dismissal.

For more information about DUI in Michigan click here.

Drunk Driving Lawyer, Aaron J. Boria

When you are charged with drunk driving in Michigan you are facing the loss of your license, jail time, and major fines. Do not hire any lawyer, or some lawyer that claims to know the judge. Hire an aggressive criminal defense lawyer that is respected by prosecution and judges for fighting for their clients! Call (734) 453-7806 today for a free consultation with DUI lawyer, Aaron J. Boria.
Criminal Charges and Immigration Michigan

Will Criminal Charges Affect My Immigration Status?

Being charged with a crime is frightening and frustrating. If you are not a citizen of the United States then being charged with a crime can be even worse. Some charges can result in deportation whereas others will not; it is important to know the difference.

Plymouth, Michigan Criminal Lawyer, Aaron J. Boria has defended hundreds of people charged with crimes including those with immigration issues with great success. If you are facing criminal charges call (734) 453-7806 today for a free consultation.

Criminal Charges and Immigration

An entire book could probably be written on this subject so lets cut to the most important points that you should consider when being charged with a crime as an immigrant.

If you face a crime of “moral turpitude” that is the offense that could result in deportation or cause other problems for you. Also, if you face a crime that is punishable by one year or more in jail that could trigger immigration consequences. 

According to Wikipedia, Moral turpitude is a legal concept that refers to “conduct that is considered contrary to community standards of justice, honesty or good morals.” This term appears in U.S. immigration law beginning in the 19th century.

Theft offenses are considered crimes of moral turpitude whereas drunk driving is not (however multiple drunk driving’s could land you in hot water or if there is an injury, see below.). Some offenses that may not seem as obvious, like aggravated assault, or assault with a dangerous weapon, are crimes of moral turpitude.

Any aggravated felony can result in deportation under 8 USC 1101(a)(43)(A)-(U), such as murder, rape, sexual abuse of a minor, drunk driving causing death, drug trafficking, and firearms trafficking, to name a few.  If a conviction results and the prosecution seeks deportation then the prosecution will have the burden of proof in immigration court to show by clear and convincing evidence that the offense occurred. If the burden is met the court will order deportation.

There are special statutes available such as HYTA or 7411 that prevent someone from having a criminal offense appear on their public record or from being used against them in the future. The problem with these statutes is that United States deportation will not recognize HYTA, 7411, or any other special statutes as being a dismissal of a charge. You will still be held accountable for whatever moral turpitude offense you were convicted of.

Plymouth Michigan Criminal Lawyer

In order to protect our clients, Plymouth, Michigan criminal lawyer, Aaron J. Boria has to find other ways to resolve his client’s charges. This may mean taking a case to trial and fighting hard, filing motions to dismiss, or working with the prosecuting attorney to change the charge to an offense that is not one of moral turpitude.

For more information about criminal defense lawyer, Aaron J. Boria click here for his biography.

Call Plymouth, Michigan criminal lawyer, Aaron J. Boria today (734) 453-7806

Home Invasion defense lawyer

Home Invasion Lawyer

Home invasion, or more commonly known as breaking and entering, is a serious criminal felony offense in Michigan. There are three degrees of home invasion. You will be charged with first, second, or third degree home invasion based on what the alleged facts of the case are.

If you have been accused of breaking into someone’s home  you need to contact home invasion lawyer Aaron J. Boria. (734) 453-7806.

What is First Degree Home Invasion?

A prosecutor must prove three elements beyond a reasonable doubt in order to prove first degree home invasion: that the defendant (1) entered a home without permission or broke in, (2) intended to commit or did commit a felony, larceny, or assault in the home, and (3) either was armed with a dangerous weapon or entered while another person was lawfully within the home. MCL 750.110a(2).

In Michigan, first degree home invasion is a felony punishable by up to 20 years in prison, a fine of up to $5,000, or both, MCL 750.110a(5). A Michigan court can order that a prison sentence for first degree home invasion be served separately from terms of imprisonment for any other crime committed during the home invasion.

What is Second Degree Home Invasion?

In order to prove second degree home invasion, a prosecutor must prove beyond a reasonable doubt that the defendant entered a home without permission or broke in and intended to commit or did commit a felony, larceny, or assault while in the home. MCL 750.110a(3)

Second degree home invasion is a felony punishable by a maximum of 15 years in prison, a fine of up to $3,000, or both, MCL 750.110a(6).

What is Third Degree Home Invasion?

To prove third degree home invasion, a prosecutor must prove beyond a reasonable doubt that the defendant broke into a house or entered without permission and either intended to commit or did commit a misdemeanor in the home or violated probation, parole, or a personal protection order. MCL 750.110a(4)

Third degree home invasion is a felony punishable by a prison sentence of up to 5 years, a fine of up to $2,000, or both, MCL 750.110a(7).

Reasonable Doubt

Each element of a home invasion charge must be proven beyond a reasonable doubt. If the prosecutor does not prove their case beyond a reasonable doubt than you should be found NOT GUILTY.

A reasonable doubt is a fair, honest doubt growing out of the evidence or lack of evidence. It is not merely an imaginary or possible doubt, but a doubt based on reason and common sense. A reasonable doubt is just that a doubt that is reasonable, after a careful and considered examination of the facts and circumstances of the case.

Definition of Intent to Commit a Felony, Misdemeanor, Larceny, or Assault

In all three degrees of home invasion the prosecutor must prove beyond a reasonable doubt that the defendant intended to commit a felony, misdemeanor, larceny, or assault inside the home. Larceny is a fancy word for when someone steals another person’s money or property.

Defenses

A defendant may have a number of defenses available against a charge of home invasion. First, a defense exists if the defendant had permission or the right to enter the home. A defendant may also have a defense if he or she did not actually commit a crime while in the home and was intoxicated so that the defendant did not have the capacity to intend to commit a crime.

Find a Criminal Defense Attorney

If you have been charged with home invasion or another crime, contact Aaron J. Boria. Boria is a criminal defense attorney located in downtown Plymouth. He has appeared for hundreds of criminal cases throughout Oakland County, Wayne County and all over Michigan. Our goal is to deliver powerful results for our clients. Contact Aaron J. Boria today for your free consultation (734) 453-7806

 
Possession of a Firearm and Alcohol

A person cannot be prosecuted for a gun crime for constructive possession of a firearm while intoxicated in his or her own home.

If you have been charged with possession of a firearm while under the influence of alcohol call gun crime lawyer, Aaron J. Boria today (734) 453-7806

Possession of a firearm while under the influence of alcohol

MCL 750.237 prohibits a person from possession or use of a firearm while under the influence of alcohol. Possession of a firearm can be actual or constructive. A person has constructive possession of a firearm when the person has knowledge of the firearm’s location and the firearm is reasonably accessible to the person.

Possession of a firearm

For an example of constructive possession of a firearm: if you keep your firearm in a safe in your bedroom or under your pillow and you are at home then you have constructive possession of the firearm because you could easily retrieve it.

For an example of actual possession of a firearm: if the firearm is in your hand or in your pocket you have actual possession of it.

In People v. DeRoche, officers responded to a trouble call at the defendant’s home. The officers were told that the defendant had been drinking and was upstairs in the home. The officers were also told that a gun was taken from the defendant and hidden in the laundry room. The defendant was arrested and prosecuted for violating MCL 750.237 based on the theory he was in constructive possession of a firearm while drunk.

The district court determined there was no evidence the defendant was in actual physical possession of the firearm and dismissed the charges based on the Second Amendment to the United States Constitution. The Michigan Court of Appeals upheld the district court’s dismissal.

The Court proclaimed that the right to possess a handgun in a person’s home as a means of self-defense, while not unlimited, is protected by the Second Amendment. The Court further noted that, aside from MCL 750.237, the defendant was not engaged in any unlawful behavior nor were there any facts to suggest he possessed the gun for any unlawful purpose. The Court also pointed out that at the time the officers were able to establish the defendant’s level of intoxication, the defendant’s possession of the firearm was constructive rather than actual.

The Court concluded the government cannot justify infringing on the defendant’s Second Amendment right to possess a handgun in his home simply because the defendant was intoxicated in the general vicinity of the firearm.

As a result of this ruling, a person should not be arrested for violating MCL 750.237 because the person has constructive possession of a firearm while drunk in their home.

Gun Crime Lawyer

It’s important to note that the court did not say that it was okay to be drunk while in actual possession of a firearm, so a person could still be prosecuted for being in actual possession of a firearm while intoxicated in their home.

Even if you think you are guilty there is a good chance that we can still help. in some cases where our clients were sure they were guilty we have obtained dismissals. 

If you have been charged with a firearm crime contact gun lawyer, Aaron J. Boria today for a free consultation (734) 453-7806
How do I get my license back after DUI?

If you have been convicted for at least two drinking and driving offenses in seven years the Secretary of State will classify you as a habitual offender and automatically revoke your license.

In order to get your driver license reinstated after multiple drinking and driving convictions you will need to request a driver license reinstatement hearing through the Secretary of State’s Administrative Hearing Section.

Driver license lawyer, Aaron J. Boria has restored countless clients driving privileges. Call Boria at (734) 453-7806 today to get back on the road.

You do not get your license back after a year automatically for DUI

Under the habitual offender rules, many people are under the false belief that your license will only be suspended for one year, which is not true. Many petitioners as well as lawyers unfamiliar with Michigan drinking and driving laws confuse the rules on Michigan driver license restoration. Your license is revoked for a minimum of one year but it does not get reinstated after a year.

Suspended License v Revoked License as a habitual offender

In a driver license suspension your privilege to drive is unavailable for a period of time. After that period of time the suspended driver can walk into any Michigan Secretary of State and pay a reinstatement fee and be on their way.

In a driver license revocation your privilege to drive is terminated indefinitely. A revoked driver cannot simply walk into the Secretary of State and seek a reinstatement. A revoked driver must attend a hearing at the Secretary of State and present evidence and meet a legal burden before they will be able to drive again.

The Driver Assessment and Appeal Division Hearing

A lot of preparation goes into the hearing. The process of restoring your license can be broken down into two steps. The first being the procedural step that involves gathering evidence and applying for the hearing and the second step involves presenting the evidence at the hearing in person.

Preparing for a Michigan Driver Assessment and Appeal Division Hearing

You are required to present a minimum of three support letters. You must also present a substance abuse evaluation, 10-pannle-drug screen, and other related documents. The documents are then sent to the secretary or state and a hearing will be set.

The Michigan Driver Assessment and Appeal Division Hearing

At the hearing you will present the evidence you gathered in step one. You will also have an opportunity to present testimony to the hearing officer and the hearing officer will have an opportunity to cross-examine you. You may also present a witness.

What do I need to prove to get my license back?

The burden in these cases is clear and convincing evidence. Under that burden you must show that you have not drank alcohol or abused drugs for a minimum or one year and will not ever use alcohol or abuse drugs ever again.

Michigan driver license lawyer

Don’t take on the Michigan Secretary of State Driver Assessment and Appeal Division alone. The paper work can be complicated. Many substance abuse evaluators are better than others. There is certain information your support letters must have for them to be accepted as evidence. There are also time limits on the materials and when they should be submitted.

The hearing can be complicated. The hearing officers deny hundreds if now thousands of petitioners every year. They are not their with a rubber stamp. You will be cross-examined and asked questions about everything from your friends to what is you keep in your medicine cabinet.

Do date Aaron J. Boria, PLLC, has yet to lose even a single DAAD hearing where we prepared our clients from beginning to end. We know the DAAD rules, we know the hearing officers, we know how to get your Michigan driver license back.

For more information on Michigan driver license restoration click here.

Call Michigan driver license restoration lawyer Aaron J. Boria today (734) 453-7806

 
Refusing a Breathalyzer and Your License

If a traffic stop resulted in a drinking and driving investigation there is a good chance the officer asked you to submit to a chemical test.

If you were arrested for DUI and refused the breath test your driver license will be suspended for a year. 

Driver license lawyer, Aaron J. Boria, has restored driving privileges to countless people who have had their license suspended for refusing to blow. 

Call driver license lawyer, Aaron J. Boria today (734) 453-7806.

What happens if I refuse to blow?

Usually two tests are administered, the first test is referred to as a Preliminary Breath Test or PBT, and the second test is a breath test at the police station. 

The first test, the PBT, is a test used to gather enough evidence to arrest you for DUI.

The second test, the chemical test, can come in the form of either a blood, breath, or urine test, and is used to convict you of DUI. Between the two tests the chemical test holds greater weight in terms of evidence of guilt. 

Refusing the chemical test after you are under arrest for DUI will result in the suspension of your driver license. 

Refusing a PBT or Preliminary Breath Test

The preliminary breath test is usually administered after the officer has ordered you out of the car and had you preform field sobriety tests. Some officers will try to jump the gun and ask you to blow in it without field sobriety tests.

If you refuse to take a preliminary breath test Michigan law says you committed a civil infraction punishable by a fine. The preliminary breath test refusal civil infraction is basically an expensive parking ticket. It does now show up on your record and it is not any points.

It is probably in your best interest to refuse the preliminary breath test. 

Refusing the Breathalyzer after Arrest

If the officer places you under arrest for drinking and driving it is likely that he will take you to the police station to submit to another breath test. This test is done on a device called a Data Master. It is less likely, but possible the officer will take you for a blood draw (unless the officer suspects you are on drugs).

If the officer has arrested you for suspicion of drinking and driving and you refuse the chemical test than you are deemed to have violated Michigan’s Implied Consent law. A violation of Michigan’s Implied Consent law leads to the suspension of all driving privileges for a full year and 6 points added to your driving record.

Getting your license after refusing a breath test.

There is a way to challenge the recusal of the chemical test. For example, if you properly refused the test or the officer didn’t explain your rights to you then your refusal is acceptable.

If the officer improperly suspended your license and you challenge it the secretary of state will reinstate your driving privileges. 

Hardship Driver License Appeal

Even if you improperly refused the chemical test there is still hope! We regularly file  petitions to the circuit court for driving privileges so that people can get to work, school, the doctors, and court. 

 It is possible that you may qualify for a hardship appeal. A circuit court judge can overturn the officer and the secretary of state and force them to give you restricted driving privileges. 

If you’re facing criminal charges or the loss of your license contact Michigan criminal lawyer, Aaron J. Boria. To date, we have won every hardship case we have ever taken on. Call (734) 453-7806 for a free consultation.

Probation Violation Dismissed – 35th District

Our client was on probation at the 35th District Court in Plymouth for possession of marijuana. One of her conditions of bond was not to use drugs and to submit to drug testing randomly.

She violated probation by using marijuana and failing to test. She went in to the court and plead guilty to the allegation in front of judge Lowe. Five days later her probation officer violated her again for the marijuana metabolite still showing up in her system. If convicted our client would have faced up to a year in the Wayne County Jail.

After she called Aaron J. Boria the violation of probation was dismissed.

Charged with a crime in Plymouth, Canton or Northville? Plymouth lawyer, Aaron J. Boria, fights for his clients and obtains results that his completion simply cannot. Call (734) 453-7806 or email him directly at BoriaLaw@gmail.com.

 

What happens if I violate probation?

If you are on probation and you violate you face the maximum possible penalty for the offense you are on probation for. For instance, possession of marijuana carries up to one year in jail, so if you are on probation and you violate the judge could give you up to one year in jail.

You could also face a new criminal charge. For instance, if you were on probation for possession of marijuana and you get arrested for drinking and driving then you would face the new DUI charge and the probation violation.

35th District Court Probation Violation

Plymouth lawyer, Aaron J. Boria argued that you should expect to see the marijuana metabolite still showing up in such a short period of time after a person used. Probation ultimately conceded and dismissed the probation violation. No penalties were added and our client’s original conviction is still sealed from public record.

This case was heard at the 35th District Court in Plymouth. In that court the procedure is to check in with probation where they will tell you what the recommendation will be if you plead guilty to the charges. Then you go see the judge, which in this case was Judge Lowe (You could also have Judge Plakas or Judge Gerou). The judge will ask you how you plead to the charges. If you plead guilty he will sentence you and if you plead not guilty you will have a hearing where guilt will be determined.

In this case the probation violation allegation was ultimately dismissed after our client plead not guilty.

Procedurally our client plead found guilty to possession of marijuana back in October with the special HYTA status.

In late January, and twice in February she tested positive for using marijuana and didn’t show up for testing the last week of February and first week of March around the 9th. She was violated by 35th District Court probation and went to see judge Lowe. She plead guilty and she was ordered to do five days on the work program, an alternative to jail.

Five days later she tested again and the marijuana metabolite was positive in her system. (A metabolite is evidence that marijuana was consumed at some point. Marijuana is fat soluble so evidence of its consumption stays in your system longer, usually 3-4 weeks.)

Probation tried to ague that the metabolite was an indication of recent use. Plymouth lawyer Aaron J. Boria obtained a copy of the lab report, which revealed that the amount of the metabolite was so low the drug was probably on its way out of her system from possible use back in early March and not new use. If this were true the violation would have to be dismissed because she already served five days of work program i.e., she was already punished. Probation agreed that they could not prove otherwise and dismissed the violation.

 

Plymouth Lawyer – 35th District Court

Plymouth lawyer, Aaron J. Boria appears in the 35th District Court on a regular basis, usually several times a week. Boria knows the ins and outs of the 35th District Court and what to expect when dealing with the police, judges, prosecutors, and probation department.

Plymouth lawyer Boria has won multiple trials at the 35th district court, in fact Boria has won a trial in front of every single judge at the court, something few if any other criminal lawyer can say.

Charged with a crime in Plymouth? Call (734) 453-7806 or email BoriaLaw@gmail.com today to speak with Aaron J. Boria, criminal lawyer. Boria’s office is located less than a mile from the court house at472 Starkweather Street in Plymouth; feel free to drop by as we have an open door policy.