MICHIGAN LAW BLOG
Self Defense Lawyer – Michigan

Were you assaulted and forced to defend yourself? Were you forced to defend someone else? If you were charged with assault in a situation where you had no choice but to fight back you need an experienced criminal lawyer.  

If you acted in self-defense, or the defense of another person and were charged with assault or some other crime you need to contact criminal defense lawyer, Aaron J. Boria (734) 453-7806.

You are within your legal right to defend yourself or someone else if you or that other person are in immediate danger. Unfortunately, many times police and prosecution get it wrong and charge the wrong person. To make matters worse, self-defense is a fact based defense so a jury has to decide the case, a judge cannot dismiss based on self-defense or the defense of another person.

Self-Defense in Michigan

In the event that you are forced to go to trial, the jury will be read instructions reading the charge you are faced with as well as the self-defense instruction. If they jury believes you acted in self-defense you MUST be found not guilty. Below, is the Michigan Self-Defense jury instruction that would be read by the judge to the jury:

(1) The defendant claims that they acted in lawful self-defense. A person has the right to use force to defend themselves under certain circumstances. If a person acts in lawful self-defense, their actions are justified and they are not guilty.

(2) You should consider all the evidence and use the following rules to decide whether the defendant acted in lawful self-defense . Remember to judge the defendant’s conduct according to how the circumstances appeared to them at the time they acted.

(3) First, at the time they acted, the defendant must not have been engaged in the commission of a crime.

(4) Second, when they acted, the defendant must have honestly and reasonably believed that they had to use force to protect themselves from the imminent unlawful use of force by another. If their belief was honest and reasonable, they could act at once to defend themselves, even if it turns out later that they were wrong about how much danger they were in.

(5) Third, a person is only justified in using the degree of force that seems necessary at the time to protect themselves from danger. The defendant must have used the kind of force that was appropriate to the attack made and the circumstances as they saw them. When you decide whether the force used was what seemed necessary, you should consider whether the defendant knew about any other ways of protecting themselves, but you may also consider how the excitement of the moment affected the choice the defendant made.

(6) Fourth, the right to defend oneself only lasts as long as it seems necessary for the purpose of protection.

(7) Fifth, the person claiming self-defense must not have acted wrongfully and brought on the assault. However, if the defendant only used words, that does not prevent them from claiming self-defense if they were attacked.

Michigan Criminal Defense Lawyer

Call (734) 453-7806 to speak with criminal defense lawyer, Aaron J. Boria. We fight for our clients and we get results. We have also obtained multiple Not Guilty verdicts based on self-defense.

For more information about criminal defnese attorney, Aaron J. Boria click here to view his biography. 
Romulus Lawyer – Romulus OWI Lawyer

Today Romulus lawyer, Aaron J. Boria obtained an amazing result for a client charged with the drinking and driving Super Drunk offense out of the 34th District Court after hitting another vehicle. Our client was facing 6 months in jail and the loss of his license for a year. When OWI lawyer Boria was done with the case the offense was reduced to the lowest drinking and driving charge, he was released on bond, and his driver license was saved.

Charged with a crime? Call criminal lawyer, Aaron J. Boria today (734) 453-7806.

We take on a limited number of clients every month in order to focus on their cases, give the client the attention that they need, and obtain the best result possible. We always respond to our clients within 24 hours, on the weekends, and even holidays.

Romulus Super Drunk OWI

The client was facing the Super Drunk offense of Operating While Intoxicated High BAC > .17 after hitting a car on an exit ramp near I-275 where he was later arrested by the Romulus Police Department.

When the case was done, Romulus lawyer Aaron J. Boria not only obtained a reduction to a lower offense, Boria obtained a double reduction to the lowest drinking and driving related misdemeanor available, Operating While Visibly Impaired.

As a result, instead of losing his license for a full year, the client would never have to endure even a single day without his driving privileges. His driver responsibility fees were cut in half, court fines reduced by $400, points reduced by two.

This case is a perfect example as to why you should always hire an experienced OWI lawyer. This client was caught red handed and had both an accident as well as a high blood alcohol level. Even so, we were able to negotiate a favorable outcome. 

Below is a complete list of all of the benefit’s our client received as a result of our negotiations at the 34th District Court.

Charged with a crime? Call criminal lawyer, Aaron J. Boria today (734) 453-7806.

34TH District Court – Romulus Lawyer

If you are charged with a criminal offense including OWI in Romulus, Van Buren Huron, or the Airport then your matter will be heard at the 34th District Court in Romulus located at 11131 Wayne Rd, Romulus, MI 48174.

There are three judges at the 34th District Court and they are Judge Oakley, Judge Green, and Judge Parrott. If you are taken to the court for an arraignment it is possible that you will see a magistrate rather than a judge, but at some point you will have to appear in front of one of these three judges if you have been charged with a crime.

Each of the cities that are handled at the 34th District Court has a different prosecuting attorney. The prosecutor is the attorney that is against you; they represent the police.

Romulus drinking and driving – Romulus OWI Lawyer

Here are the most common offense for drinking and driving if you are charged in Romulus at the 34th District Court:

Super Drunk OWI High BAC >.17

This offense is charged when someone’s blood alcohol level is .17 grams per 100 milliliters or more.

Super Drunk is punishable by up to six months or 180 days in jail, $700 in fines to plus court costs, 6 points added to your Michigan driving record, driver responsibility fees of $1,500.00, and your license is suspended for a full year (you can get a restricted license after 45 days if you pay to have a blow and go installed on your car and rent it for the rest of the year).

This is the offense that our client was initially facing. We obtained a reduction to the lowest charge on this list. Many prosecutor’s offices will not reduce a charge for Super Drunk because it is viewed as being a more heinous crime and in most cases is an easy case for the prosecutor to win at trial compared to other offenses.

Operating While Intoxicated

Operating While Intoxicated or OWI is probably the most common drinking and driving offense that we see as DUI lawyers. OWI is charged when someone’s blood alcohol level is .08 or higher. (The legal limit is actually .79 because .08 is illegal but many people do not realize this.)

OWI is punishable by up to 93 days in the county jail, $500 in fines to plus court costs, 6 points added to your Michigan driving record, driver responsibility fees of $1,500.00, and your license is suspended for one month and then restricted for 5 more months.

Operating While Visibly Impaired

Operating while visibly impaired or OWVI is rarely charged. OWVI can be charged when someone is actually below the legal limit. The standard in OWVI is that because of drinking of alcohol the person charged with the drinking and driving offense drove with less ability than would an ordinary careful driver.

This is the offense that our client’s matter was reduced to. Not an easy task when his blood alcohol level started out at almost three times the legal limit and he hit another car.

Romulus Lawyer

If you have been charged with drinking and driving or any other crime in Romulus then you need to call Romulus lawyer, Aaron J. Boria.

Romulus lawyer Boria has obtained fantastic results at the 34th District Court for all of the districts mentioned above.

If you have been charged with a crime out of the 34th District Court then you need to call Romulus Lawyer, Aaron J. Boria right away (734) 453-7806 or email him at BoriaLaw@gmail.com.
OWI – Super Drunk – Grosse Pointe Michigan

Below is an article written by an actual client of ours who was charged with Operating While Intoxicated High BAC greater than .17. If convicted her license would have been suspended for a year, meaning now driving whatsoever and she would face 6 months in jail.

We were able to get he charged reduced to the lowest drinking and driving offense in the state. So low that she got to keep her license, saved her thousands in fines, and reduced the points that ended up on her record. On top of all that we were able to get her non-reporting probation, something that is almost unheard of in drinking and driving cases, especially with a blood alcohol level as high as hers.

If you have been charged with drinking and driving in Michigan call Aaron J. Boria at (734) 453-7806 or email us at borialaw@gmail.com. We are located at 352 N Main Street, Ste 4, Plymouth, MI 48170, but we travel all over the state defending those accused of DUI and more serious offenses.

Here is a real client’s take on her experience of being charged with drinking and driving and being represented by Aaron J. Boria:

Operating While Intoxicated – High BAC .17 – Super Drunk Offense

I am a 24-year-old female. I went to my best friend’s dad’s wedding in Detroit and planned to only have a few cocktails that night so I would be able to drive myself home. Indeed I did only have a few cocktails but . . . I didn’t take the 5 shots throughout the night into count. As the night went on I started to feel really good. When it was closing time I thought I was just fine. I could see straight and I was still walking straight. So I decided to try to drive home. My friends did not want me to drive and tried to tell me not to, I should have listened. They tried to take my keys from me, and when I had a chance to take off I did. Thinking ‘I am the best drunk driver’ and ‘it will never happen to me’ I put my navigation system to home and started driving.

Realizing I needed to get gas, I got off of the freeway to find a gas station. While still driving I was trying to type gas stations in my GPS. I noticed the flashing lights in my review mirror. I thought my eyes were playing tricks on me. I pulled over shut my car off and rolled the window down. The cop started creeping up like I had a gun or something. I was beyond the point of terrified. The cop starts questioning me, tells me to get out of the car. He tells me I was doing 50 in a 35. Asked me where I was, I thought I was almost back to Plymouth. The cop tells me I’m in Grosse Pointe of all places. I feel like such an idiot.

He told me to get out of the car and asked me to start a sobriety test and when asked to stand on one foot I failed horribly. I attempted to do what he asked and failed. I told him that I don’t think I will be able to do it. He told me that I need to try again, and again I tried and failed. I told him, “I’m sorry I can’t do it, I know I shouldn’t have been drinking”. And that’s when the water works started; I admit I cried like a baby. It was humiliating and at this point, I was so mad that I decided to drive. After blowing a BAC of .20 I was taken to jail.

This occurred on a weekend so I was scared to not have someone post bond because I did not want to be sitting in that stinky cold police station until Monday. Getting the finger print process was very annoying as they got a new machine and no one mastered how to use it yet. It seemed like everything we had to do took hours to complete. I was very lucky to have my father post bond for me later that day.

That Monday I made a list of things to ask lawyers. I started searching for lawyers both close to my house and in Grosse Pointe Farms. I have never had to search for a lawyer before so I didn’t know what to expect. After speaking with several lawyers, there were only a few that I felt would both financial and professionally help me with my case. After speaking with Aaron Boria I could tell he was going to be one of my top choices. Other lawyers knew what to ask and certain information to give me, but Aaron really went into detail about what I should expect with charges from court and costs. He was able to answer my long list of questions. I liked that he was experienced with the Grosse Pointe Farms court even though he was all the way out in Plymouth near my home. I asked him if he thought it would be more beneficial for me to choose a lawyer in Grosse Pointe Farms because they would know more about how their system worked. He said that it was totally my choice and he can give me a contact number of a lawyer he really liked and trusted out there. Can you believe that? This lawyer was wiling to give me a competitor’s information. It made me feel that Aaron was really confident in how own ability. I really liked the person he recommended me to but he was way out of my price range. He also had all the same advice and knowledge that Aaron had. So I chose Aaron to represent me.

I was charged with the “Super Drunk” law because my blood alcohol was so high. This meant that I could have my license restricted for 45 days and after have the interlock installed in my car. Or just loose it for a year. Jail time could have been up to six months. I started to think, what would I do without my license. I have a child how do I get her to and from school, myself to and from work.

Aaron recommended that I went to a few AA meetings, at least 6 hours of community service and had a drug and alcohol evaluation done before my first court appearance. I visited a councilor who referred me to Impact Weekend for my evaluation. Aaron was able to get my arraignment date waived so the arraignment and pretrial could be together. Before my sentencing I saw my PO and she wanted me to complete six AA meetings and an Impact Weekend, both things I had already done. She also told me it would look really good to have all my fines paid in full on the day of sentencing. With everything asked from my PO completed plus 9 hours of community service and being able to pay my fines in full, Aaron had my charge reduced to the lowest offence possible. The sentence included a 90-day restricted license, so I could still drive to work, one year of non-reporting probation and random drug and alcohol testing. I felt so relieved that I didn’t have to worry about losing my license nor jail time. I know that hiring Aaron Boria as my attorney was a great choice because without him I highly doubt I would have been able to get my “Super Drunk” charge reduced to the least offense.
Canton OWI Lawyer – 35th District Court

Canton Police stopped our client for what they believed to be suspicious behavior. After a brief investigation the Canton Police arrested our client for Operating While Intoxicated. His case was heard at Canton’s 35th District Court by Judge Lowe located in Plymouth.

Our client, a 40-year-old resident of Illinois that works in Michigan, was incredibly concerned about his driver license. If he lost his license it would be impossible for him to get to work here in Michigan and he would lose an excellent career with one of the Big 3.

He made the right choice and called Canton OWI lawyer, Aaron J. Boria at (734) 453-7806.

We obtained an amazing result for the client. Our client got to keep his driver license so he can continue to commute from his home out-of-state to here in Michigan.

Many people convicted of a drinking and driving charges in Michigan will receive some jail time. Almost all of them will receive reporting probation where they have to come to the courthouse at least once a month to meet with probation; this can go on for two full years. Our client won’t have to do either. All our client has to do is five days of community service, a one-time education class and that is it, and stay out of trouble for six months under non-reporting probation.

If you have been accused of drinking and driving in Canton and have an OWI charge at the 35th District Court, or anywhere else in Michigan, call Canton Lawyer, Aaron J. Boria at (734) 453-7806 or email him directly at BoriaLaw@gmail.com.

Canton OWI – Canton Drinking and Driving

Our client, not familiar with the area and trying to find a friends house, pulled into some businesses off of Ford Road in Canton to put an address into his GPS. The businesses were closed. A Canton officer was patrolling the same area and saw our client parked out front. As soon as our client saw the cop he waived at him and took off. The officer, believing this to be a high crime area, and observing a vehicle parked at a closed business initiated a traffic stop believing that he had probable cause that our client was about to commit a crime.

Now, I believe that this is a bad stop, but in the past Judge Lowe at the 35th District Court has upheld what I would consider to be worse stops for the same reason.

Once the Canton officer approached the car he believed he could smell alcohol on our client’s breath. Our client admitted to drinking and the Canton Police ordered him out of the car to preform field sobriety tests.

Our client did mediocre on the sobriety tests, but he made the fatal error of agreeing to submit to a Preliminary Breath Test (PBT). The results of the PBT were over .08 and our client was arrested for Operating While Intoxicated.

Never, never, never take the preliminary breath test. This is the test that is offered or ordered on the side of the road prior to being taken back to the station. If you refuse the test it is only a $200 fine, but could keep you from getting charged with a DUI, or keep you from getting convicted for one. An arrest can be made in whole or in part based on the preliminary breath test. 

The PBT is not the test at the station or blood draw by a nurse. If you are read your implied consent rights that you will likely want to submit to that test as a refusal results in a one-year suspension of your driver license. I guess if your license is already suspended and you have nothing to lose then maybe you should consider refusing that test as well. Less then half of the cops out there would probably allow you to call your attorney when deciding whether or not to submit to the implied consent test. Every case is different; this should not be taken as a hard line rule.

After our client was arrested he was taken back to the station where he submitted to a chemical test under the implied consent law. His blood alcohol again came back over the legal limit. He was kept in the jail until the next day in order to sober up.

35TH District Court

All criminal cases, misdemeanors or felonies, will start in Canton will begin at the Canton District Court, or more commonly known as the 35th District Court.

The 35th District Court is location in Plymouth Michigan on Plymouth Road about a half mile from Aaron J. Boria, PLLC.

The 35th District Court has three judges and they are Judge Gerou, Judge Plakas, and Judge Lowe.

As mentioned above, Judge Lowe heard our client’s OWI matter.

The first court appearance is the arraignment. The arraignment is where the judge formally tells you what you have been charged with and what the maximum penalty is that the court can dish out.

The court tells you what you have been charged with even though you might have a ticket with the charge on it because charges can change. The prosecutor can add or increase charges prior to you getting to court is they choose to, so if you blew over a .17 and you were charged with OWI rather than OWI High BAC don’t get your hopes up, there is every good chance the prosecutor has increased the charge by the time you see the judge.

Another thing that could occur is that the cops search your car after you leave the station with your ticket and they find drugs. When you go to court the prosecutor will likely have added a drug charge and the judge is going to let you know.

Canton OWI Lawyer

In this particular case, Canton Lawyer, Boria filed documents to waive the arraignment. This saved our client an unnecessary trip to court so he wouldn’t have to miss work. It also saved him bond conditions such as going to JAMS every day and being screened for alcohol while the case progressed.

Most OWI charges will take four or more court appearances. With our client living out of state we wanted to be able to resolve this case as fast as possible. We actually were able to resolve all of the court matters in one morning.

Our client’s charges was reduced in order to save his driving privileges, reduced his points, and saved him well of a thousand dollars between fines and costs to the state and the court.

If you have been charged with a crime call Canton Lawyer, Aaron J. Boria. We fight for our clients and we get results that other so-called criminal lawyers simply cannot. Call (734) 453-7806 or email borialaw@gmail.com to see if we are taking on new cases.
Michigan OWI defense lawyer

In life people don’t always make the best decisions, in fact at one time or another we all make mistakes. You may have gone out with friends and had one too many drinks. Or you may have waited to drive home in an attempt to sober up and drive but didn’t wait long enough. Just because you got arrested for Operating a motor vehicle While Intoxicated (OWI) does not make you a bad person.

Aaron J. Boria is a  Michigan OWI defense lawyers and is here to help (734) 453-7806.

Aaron has represented everyone from CEO’s, nurses to the wives and children of police officers accused of drunk driving. Trust the lawyer that the professionals know to go to. 

What is OWI?

In Michigan, Operating While Intoxicated (OWI) commonly known as drinking and driving is treated as a serious offense with long lasting consequences. Even as a first offense, the charge carries harsh penalties and preeminently stays on your criminal record as well as your driving record – it can never be expunged.

Police are on the lookout for drivers they suspect to be intoxicated at all times of the day. The police need to have reasonable suspicion to make the initial stop.

To be convicted of operating while driving, the prosecution must prove:

First, that the defendant was operating the car. Operating means driving or having actual physical control of the vehicle.

Second, that the defendant was operating a vehicle on a highway or other place open to the public or generally accessible to motor vehicles. This includes parking lots.

Third, that the defendant was operating the vehicle in the officer’s jurisdiction; AND,

Fourth, as a result of drinking the alcohol, the defendant drove with less ability than would an ordinary, careful driver. The defendant’s driving ability must have been lessened to the point that it would have been noticeable to another person.

If your Blood Alcohol Content (BAC) is at or above 0.08, you can be charged with operating while driving. If for whatever reason you refuse to take the Breathalyzer test at the station the penalty is an automatic suspension of your drivers license for one year.

If you are below the age of 21, Michigan has a drunk driving charge called Zero Tolerance.

This means if you’re under 21 and your BAC level is between 0.02 and 0.07 you can be charged with Zero Tolerance. (This excludes alcohol consumed for accepted religious ceremonies.)

The penalty for Operating While Intoxicated in Michigan as a first time offense is a misdemeanor. If convicted the penalties include:

  • No more then 93 days in jail,
  • Community service of up to 360 hours
  • A fine ranging between $500 and $100
  • Your driver’s license suspended for 30 days followed by a restricted driver’s license for 150 days
  • 6 points on your driving record
  • A driver’s responsibility fee of $1,000 for up to 2 consecutive years
  • Michigan OWI Defense Lawyer

Defenses to an allegation of operating while intoxicating are very fact specific to your case. If the original traffic stop was wrongful, the entire case should be thrown out no matter how guilty you believe you are.

Another possibility is if the preliminary breath tests or PBT tests showed inaccuracies or were somehow tampered with. Previous cases with inaccurate results have lead to an inability to convict for operating while intoxicated. Finally, if a witness observed the drivers ability as no less than an ordinary careful driver, this may provide a defense.

For more information on operating while intoxicated and drinking and driving charges in general click here.

Call Michigan OWI defense lawyer Aaron J. Boria today (734) 453-7806
OWI – Dangerous Drugs – Canton Lawyer

Our client was charged with Possession of Dangerous Drugs and the DUI offense of Operating While Intoxicated with a BAC greater than .17 after being arrested by Canton Police. She was caught red handed with pills in her car and a breath alcohol almost three times the legal limit. Even with all this evidence against her, Canton lawyer, Aaron J. Boria was able to get the drug charge dismissed and the Super Drunk offense reduced to the lowest offense possible so that she could keep her driver license.

If you have been charged with drunk driving, possession of drugs, or any other offense contact Canton lawyer, Aaron J. Boria (734) 453-7806 or email us at borialaw@gmail.com.

 

Dangerous Drugs – Canton Lawyer

Our client was having some wine at a friend’s house out in the Canton area. As a single mother, going out is something she rarely gets to enjoy. Well, unfortunately, she had a little too much fun (or at least a little to much to drink, or a lot to much to drink) and made the poor decision to drive home.

While driving home after 2am on Canton Center Road she made a U-Turn without signaling, which caught the attention of a Canton Police Officer whom then initiated a traffic stop.

During the investigation the officer discovered controlled substances that were illegal for our client to have.

Our client was charged under a local ordinance for possession of dangerous drugs. If convicted she would have faced serious jail time and massive fines. As part of our negotiating tactics with the prosecuting attorney we were able to obtain an outright dismissal of the drug charge.

OWI – Super Drunk – Drunk Driving

During the conversation with the Canton Police, the officer claimed that he could smell alcohol coming from the vehicle. Later, it was discovered that our client’s blood alcohol level was over .18 so the officer was probably telling the truth. The officer asked our client if she had been drinking and at first she said no and then admitted later to drinking. The video we received also indicated that our client was slurring a bit.

Our client was ordered out of the car and instead of politely declining to take the field sobriety tests (which I would recommend you politely decline them) she instead started swearing at the officer and stating, “I’m fucked, I’m fucked, I’m totally fucked”, which unfortunately is admissible as evidence against her.

When you combine her admission to drinking, the officers claim that he could smell the alcohol, our client stumbling, slurring, and stating she is “totally fucked” the officers had probable cause to make an arrest. Ultimately her blood was drawn which confirmed the officer’s suspicions and she was almost three times the legal limit to drive.

Our client was charged with the Super Drunk Driving Offense or High BAC > .17. If convicted she would face up to 6 months in jail, thousands in fines and costs, 6 points added to her driving record, and her driver license would be suspended for an entire year. She would be eligible for a restricted license after 45 days but only with a blow and go installed in her car, which can be very expensive.

Canton Lawyer – 35th District Court

As mentioned above, when we got to court we negotiated with the prosecuting attorney and we were able to negotiate a deal where the drug crime would be dismissed completely saving her potential jail time on that offense, and saving her a lot of money in fines and costs.

As part of the negotiations we were also able to negotiate the Super Drunk Driving offense down to the lowest possible offense, which would save her over a grand in fines and costs to the court and the state. Her driving record points would be reduced as well. Potential jail time would be cut in half and she wouldn’t lose her license for being arrested for DUI, so she could continue to get to work, school, medical appointments, and of course court.

The matter was heard before Judge Plakas at the 35th District Court in Plymouth, which has jurisdiction over Canton cases. When we appeared in front of Judge Plakas for sentencing he agreed to adopt a sentence where our client would not do any jail time, and would have a fairly laid back probation period considering her high blood alcohol level and possession of drugs.

Most people will be shocked to hear the results we obtained in this case due to the fact that the case was a clear loser for the defense. We fight for our clients and we get results, even in some of the worst cases, so if you have been charged with drunk driving, a drug crime, or any other crime in Canton or anywhere else in Michigan call criminal lawyer Aaron J. Boria.

Hire a Criminal Lawyer

We keep preaching in our blogs the importance of hiring a knowledgable criminal defense lawyer. No matter how bad you think your case may look, or no matter how guilty you think you are it is in your best interest to hire a lawyer. This client was clearly guilty, but we were still able to negotiate a dismissal or one charge and the reduction of another which resulted in our client saving thousands, avoiding a permanent criminal drug conviction, and more.

We take a limited number of cases so that our clients get the attention they need and deserve. We do not take cases with the intention pawn them off to other lawyers. When you hire criminal lawyer, Aaron J. Boria you get criminal lawyer, Aaron J. Boria. For this reason we cannot take every case that comes in the door so we screen our cases and try to make sure that we would be a great fit for your defense and you would be a great fit for our firm.

Call (734) 453-7806 for a free consultation
Domestic Violence Taylor – Taylor Lawyer – 23rd District Court

Our client was charged with domestic violence after his soon to be ex-wife told the police he had assaulted and battered her on multiple occasions. Our client had a good job with the state in a position of authority and if convicted as charged he would lose his very well paying job. Taylor criminal lawyer, Aaron J. Boria was able to negotiate a resolution where our client would get a reduced charge to disturbing the peace and no jail, all over the ex-wife’s strong objection.

If you have been charged with domestic violence or some other crime then you need to contact criminal defense lawyer, Aaron J. Boria (734) 453-7806.

We take a limited number of cases on at a time in order to make sure that our clients get the absolute best representation possible and the attention they deserve. To see if we are accepting new cases and if your case is the right fit for us call criminal lawyer, Aaron J. Boria today (734) 453-7806 or email borialaw@gmail.com.

Domestic Violence Taylor Michigan

A conviction for domestic violence is permanently added to your criminal record and does not automatically come off after completing probation or even after a predetermined amount of time. A conviction for domestic violence is just that, a conviction on your permanent record.

A domestic violence conviction could land you in jail for up to 93 days for a first offense and hundreds in fines and costs. A second offense is punishable by up to a year in the county jail and the fine could be as much as $1,000.00 not to mention the added costs. A third offense is a felony punishable by up to 5 years in prison and up to $5,000.00 in fines.

Domestic violence is an assaultive crime and those crimes are usually considered more heinous than other offenses because they involve a victim.

The prosecuting attorney must prove your guilt beyond a reasonable doubt. In Taylor the prosecutor will be either the city attorney or the Wayne County Prosecutor’s Office.

For a conviction of domestic violence the prosecutor must prove that you assaulted or battered someone that you live with, are related to, or are in a relationship with. The prosecutor also has to prove that you were not acting in self-defense.

Domestic Violence Makes it Illegal to Possess a Gun

A domestic violence conviction means that you lose your ability to carry a gun under 18 U.S.C. 922(g)(9) and US v. Castleman, 134 S. Ct. 1405 – Supreme Court 2014.  18 U.S.C. 922(g)(9) states any person who has been convicted of a misdemeanor crime of domestic violence cannot possess a firearm or ammunition.

It was important to our client that he legally be allowed to carry a gun in order for advancement in his career.

By obtaining the plea reduction to disturbing the peace our client was no longer in violation of the laws mentioned above. His employer allowed him to keep his job.

23rd District Court – Taylor District Court

The Taylor District Court is located at 23365 Goddard Rd, Taylor, MI 48180. The court has jurisdiction over criminal misdemeanors that occur within the City of Taylor from beginning to end as well as felony matters up to the preliminary examination stage.

There are two judges there, judge Judge Geno D. Salomone and Judge Joseph D. Slaven.

Judge Salomone is a lifelong resident of Taylor. He attended school at Wayne State and Detroit College of Law.

Judge Slaven is also a lifelong resident of Taylor. He attended school at University of Michigan and Detroit College of Law.

Taylor Lawyer

When it came time for sentencing we had already worked a sentencing agreement out with the prosecuting attorney. The agreement was that our client would get probation and no jail time. The victim, or complainant, was objecting to the plea agreement as well as the sentencing agreement. The judge in the case was concerned but after a brief conversation at the bench the judge agreed to all of our terms.

If you have been charged with domestic violence then you need an experienced, knowledgeable, and aggressive criminal defense lawyer. Aaron J. Boria regularly defends those accused of domestic violence in district courts all over the state.

Call today (734) 453-7806 or email us at borialaw@gmail.com.

 

Charged with Domestic Violence – Michigan

If you have been charged with Domestic Violence then you probably have a lot of questions like: What happens when I go to court? What is an arraignment? What are bond conditions? Should I plea Guilty or Not Guilty? What is the possible penalty for domestic violence? What are the defenses to domestic violence?

Domestic violence defense lawyer, Aaron J. Boria has the answers you have when being charged with domestic violence. (734)453-7806

If you are charged with domestic violence your matter will be heard at the local District Court. If you are facing a misdemeanor domestic violence charge your case will stay with the district court. If you are facing a felony the matter could ultimately be bound over to the circuit court in the county it occurred.

What happens when you go to court for Domestic Violence?

Court is broken down into multiple hearings on different days. The arraignment is the first hearing you will have. There are three different scenarios as to how you will get arraigned on criminal charges:

One, if you were arrested for domestic violence and taken to the police station the police may hold you until they can get you in front of a judge or magistrate to be arraigned.

Two, police may hold you and let you out after posting a bond and give you a court date to come back for your arraignment.

Three: Police may simply let you go with a ticket or nothing at all and it is on you to contact the court regarding your arraignment date.

What is an arraignment for Domestic Violence?

The purpose of arraignment is two fold. First, the judge will tell you what the police and prosecution are accusing you of, and what the maximum possible penalty is; this is usually done by the judge reading a document to the accused called the complaint. The judge will ask you if you understand the charges, not if you agree with them (this isn’t the time to present your case).

The second purpose of arraignment is to address bond. Bond is a promise that you will come back to court and face the charges against you. Even if you paid a bond to leave the police station the judge may raise, lower, or keep the bond where it is. If the police never released you the judge will order a bond at this time.

Bond can be a personal bond where you don’t pay any money upfront but you will owe money if you don’t show up to court or you violate your bond conditions. Another common bond is a 10% bond. An example of this type of bond is where a judge orders $10,000.00 at 10% where you pay $1,000.00 to get out of jail but you will owe the court $10,000.00 if you violate your bond. Finally, there are bonds where a judge orders an amount and that is the amount you owe to stay out of jail, no %10.

What are bond conditions?

Above I mentioned Bond Conditions in connection with posting money to stay out of jail while your matter is pending. Bond conditions are things the court orders you to do or things not to while you are accused of domestic violence. For many people this is very frustrating because the judge has just read them their rights and told them that they are presumed innocent, yet the judge is making them pay money to leave the court and forcing them to do things they don’t want to do which makes people feel like they are being treated as if they were already found guilty.

Common bond conditions when you are accused of domestic violence are that you do not have any contact with the person you supposedly assaulted, that you do not possess any firearms or weapons, that you do not drink alcohol or do drugs and that you submit to random testing for the same. If you have firearms you will be ordered to get them out of your possession, so you will have to find someone you trust to hold onto your guns while the case is resolved.

Should I plea Guilty or Not Guilty to Domestic Violence?

Every case is different, but rarely would I advise someone to plead guilty at their arraignment. You may believe you are guilty, but many cases can still be dismissed because the police violated your rights or a witness is unreliable, or your attorney can simply workout a better deal for you. Bottom line – don’t plead guilty to domestic violence unless your lawyer recommends it.

What is the possible penalty?

Domestic violence first offense is a misdemeanor. The maximum possible penalty is up to 93 days in jail and a fine of $500 plus costs.

Domestic violence second offense is a misdemeanor. A second offense is punishable by up to a year in jail and a fine of up to $1,000.00 plus costs.

Domestic violence third offense is a felony. A third offense is punishable by up to 5 years in prison and a fine of up to $5,000.00.

Aside from the potential jail time, fines, and costs, the misdemeanor offenses also carry the possibility of up to 2 years on probation with probation (up to 5 years with the felony) conditions like anger management, drug and alcohol testing, drug and alcohol education, counseling, community service and work program.

What are domestic violence defenses?

Every case is different. The facts of a person’s case will determine what defenses are available to them. Some DV cases will have very strong defenses and some DV cases will have very weak defenses.

Common defenses for domestic violence include the following:

Your accuser is lying

The witness is either lying or is mistaken about what they saw

You were acting in self-defense

You were acting in the defense of another person (defense of others)

You were not the person that committed the crime

You were given consent (mutual combatants)

It was an accident

Domestic violence lawyer, Aaron J. Boria has represented people accused of domestic assault all over the state of Michigan including all over Oakland County, Wayne County, and Washtenaw County.

To date, Boria has won all of the domestic violence cases he has taken to trial. In many of his cases where his client was truly guilty he was able to create a plea deal with the attorney representing the government and police that resulted in the client having a dismissal of the charges.

Boria takes on a limited number of cases every month to make sure that the cases he does take get the absolute best possible representation available. We fight for our clients and we get results.

Call (734) 453-7806 or email Attorney Boria directly at borialaw@gmail.com.
Felonious Assault Michigan

If you are facing felony assault charges you need an agressive Michigan criminal defense lawyer immediately. Felonious assault is a serious offense that can lead to prison, the loss of your ability to carry a gun, vote, or even be a chaperone at your child’s school.

An experienced criminal lawyer can make all the difference in the outcome of your case. Call (734) 453-7806 today to speak with criminal lawyer, Aaron J. Boria. 

Felonious Assault Punishment

Felonious assault is a felony that carries a maximum possible penalty of four years in prison and a fine of $2,000.00 plus costs, MCL 750.82(1). Other likely penalties could include years of probation, anger management, drug and alcohol testing, community service, work program, and more.

If it is alleged that the crime took place in a weapon-free school zone the fine can be increased to $6,000 and the person could be ordered to preform up to 150 hours of community service per MCL 750.82(2).

What is Felonious Assault?

Felonious assault is an assault that involves a weapon, MCL 750.82.

Felonious assault does not require that the person charged with the crime use the weapon on the alleged victim, it only requires that a weapon be present in a threatening manner. Another words, no one has to be hit with the weapon for their to be a felonious assault. The assault occurs when the person with the weapon threatens another person. 

MCL 750.82(1) lists the following as a dangerous weapons: gun, revolver, pistol, knife, iron bar, club, brass knuckles.

Case law has expanded on this list of dangerous weapons to include automobiles, 22-caliber pellet gun, a shoe, bottle, flashlight, and even a dog.

The Michigan Court of Appeals held that an unloaded gun is sufficient to support a felonious assault conviction in People v Prather, 121 Mich App 324 (1982).

Bare hands do not constitute dangerous weapons under the felonious assault statute. That’s right, despite your black belt friend telling you that his hands are lethal weapons, they are not, at least not under Michigan law. 

To be convicted of felonious assault, a prosecutor would have to prove beyond a reasonable doubt that you did or tried to touch another person in a way that would cause that person to think they would be hit or harmed; that you intended to hit or harm that person or wanted them to think you were going to hit or harm them and you did or could have carried out the threat.

Felonious Assault Defense

If a weapon is not present you can’t be convicted of felonious assault; however, there is an exception if you made the other person believe you had a weapon.

If you could not have carried out the threat then you cannot be convicted of the offense. For example, if the weapon was a bat and you were across a street from the complainant and never came to their side of the street a conviction for felonious assault shouldn’t be sustained.

Self-defense, or the defense of another person is an obvious defense to any assault charge.

Defense of others where you came to someone else rescue and defended them would be a defense to any assault charge.

Assaults cannot occur on accident, so if the assault was an accident you are not guilty.

Felonious Assault Lawyer

If you have been charged with felonious assault contact criminal lawyer, Aaron J. Boria (734) 453-7806. Our office has successfully had felonious assault charges dismissed and have also successfully obtained jury acquittals on felonious assault charges.

In one jury trial our client was charged with domestic violence, and two counts of felonious assault. One count was for threatening his live in girl friend with a knife, and one was for trying to run her over with a car. After a multi day jury trial out client was found not guilty on all charges.
Felony Drunk Driving – Plymouth OWI

Our client was facing a five-year felony for third offense drunk driving. Aaron J. Boria negotiated a misdemeanor for him and he didn’t spend a single day in jail. He is even on track to get his driver license back.

Call (734) 453-7806 to speak with the best drunk driving lawyer in Plymouth.

Felony DUI

Our client was arrested for drunk driving in Plymouth by the Plymouth Police department after he was stopped for speeding. He was taken in for a blood draw that revealed his blood alcohol level to be double the legal limit.

Our client had previously been convicted of two drunk driving offenses and was charged with felony OWI for his third offense in a lifetime. His car was impounded and he was facing a five-year felony. This means that in addition to facing prison time and massive fines and costs, our client was also facing being labeled a felon for the rest of his life. Being labeled a felon means the loss of his right to own a firearm, the loss of his right to vote, and even simple things like volunteering at his child’s school would no longer be a possibility. .

After months of court dates, obtaining documents, negotiating the matter with various prosecutors we were able to obtain a reduction to a misdemeanor OWI and our client did not serve a single day in jail.

Plymouth OWI lawyer, Aaron J. Boria, fights for his clients and obtains results that other so-called criminal lawyers simply cannot. Unlike most lawyers who try to bring in as many cases as possible, at Boria Law, we take on a limited number of cases every month to make sure that our clients receive the absolute best possible representation. We screen our cases to make sure we are a good fit for our clients and they are a good fit for us.

Call today to speak with Plymouth lawyer, Aaron J. Boria and see if your matter is a good fit for our firm (734) 453-7806 or email us at borialaw@gmail.com

Felony Drunk Driving Plymouth

If you have been convicted of a previous drinking and driving offense and were charged with a second drinking and driving offense within seven years then you can be charged with Operating While Intoxicated Second Offense. If your second OWI charge is outside of seven years of your first offense then you can only be charged with another first offense, this is different from felony drunk driving.

Any third offense drunk driving in the state of Michigan is a felony. It doesn’t matter how much time has gone by since your previous offenses, any third offense drunk driving can and will be charged as a felony in the state of Michigan. (In this case more than a decade had gone by since our client’s prior drinking and driving convictions, he was still charged with a felony.)

Felony Operating While Intoxicated is punishable by a fine of $500 to $5,000.00 plus costs, prison time of 1 year to 5 years, or a 30-day minimum jail term with at least 60 days community service, and the person’s vehicle must be forfeited or immobilized.

In a nutshell, a conviction for felony OWI in Michigan means that you will go to jail, you will owe a significant amount of money, and your vehicle will be taken from you.

Plymouth OWI Lawyer

Plymouth police stopped our client in December for speeding down Main Street. He was ultimately arrested for drunk driving and the matter was heard at the 35th District Court in Plymouth, which has jurisdiction over Plymouth, Northville, and Canton.

If you are charged with felony drinking and driving or any other felony criminal matter then your case will start out at a local district court up until the preliminary examination and will be bound over to the circuit court for the county where the crime occurred. In this case the matter would start out at the Plymouth District Court and would be bound over after examination to the Frank Murphy Hall of Justice, the Wayne County Circuit Court for criminal matters.

We had some solid facts in our case that helped us. Our client was stopped for speeding rather than an accident or hurting someone. It had also been over a decade since his previous offense. Using these facts and putting pressure on the prosecuting attorney we were ultimately able to get them to offer a reduced offense to misdemeanor drinking and driving. This would mean that our client would not be a felon and the matter would stay in the 35th District Court.

We were also able to get the 35th District Court judge not to give our client any upfront jail time. The prosecuting attorney wanted 60 days jail and then 2 years of probation, but instead our client did not do a single day of jail.

Vehicle Forfeiture – OWI Lawyer

With this arrest being our client’s third for drinking and driving the police impounded his car. It sat in an impound lot for months while the prosecutor waited to approve the charges. In the meantime our client was being charged for his car to sit there. After calling the prosecutor’s office numerous times they agreed to release the car but the impound lot wanted over $1,200.00. We were able to negotiate the fee down to almost one third of that price to save our client money and get him his car back.

Plymouth Lawyer

If you have been charged with your first drinking and driving in Plymouth or you are facing felony OWI then you need to contact Plymouth lawyer, Aaron J. Boria. We fight for our clients and we obtain results that others simply cannot. Call (734) 453-7806 or email borialaw@gmail.com for a free consultation and see if your case is a good fit for our firm.