Knowledge... is the new currency
What Are My Rights? vs. What Can Really Happen?
- Remain calm (No matter what).
- Have your ID close and ready* (and CPL)
- Be respectful (most importantly to yourself: no need to get upset; you and the cop just want to make it home).
- No need to “poke the bear”: there are officers in jail right now for excessive force, so just make it home, call us, and let us fight for you.
- While Barton Law, PLLC hopes the rights of every American are protected, we know the reality is that civil rights violations occur every day. Our firm would advise our clients to act as calm and respectful as possible to make it through the interaction safely, without provoking the officer. Then call us to fight for you.
- Give your CPL with your ID
- Let the offier know where the gun is located
- Example: “Here’s my ID and my weapon is located on my side door panel.”
- Do not rush to show the officer your gun or ID: Philando Castile. (RIP).
- Short answer: DO IT!
- Long Answer: A cop can ask you to step out of the car for “officer safety”. If your car is junky and the officer isn’t able to see that you do not have something you could easily reach to hurt the officer: high probability you’ll be asked to get out. Acting “suspicious”? They’re probably going to ask.
- The problem is… when an officer misuses this law. You may insult an officer with your tone of voice, how you’re dressed, what you ate for breakfast that morning… WHO KNOWS how and why a cop may be offended. Once they are, they have “rights” to use any legal tactics at their disposal: even if it’s all just to piss you off. (Officer Daniel Holtzclaw was convicted of raping a woman he pulled over while on duty, so it’s not far fetched to believe an officer could ask woman to exit her vehicle for non-legal purposes.)
- Barton Law, PLLC advises our clients not to get “caught in the trap”. Get out of the car and ask to remain in camera view. If the officer removes you from camera view (for whatever reason), we advise our clients to SAY exactly what is going on so the microphone can record you.
- Example: (moved from camera view) “Ok so you’re going through my left pocket.. now right pocket..” (Remain Calm)**
- Michigan police cannot search passengers in stops without consent.
- Example: Imagine you’re riding in an Uber to the airport and the driver gets pulled over. Why should the cops be allowed to search your pockets/luggage? Let Barton Law, PLLC articulate your 4th Amendment Rights.
- In reality, an inexperienced officer may not know your rights. The Supreme Court recently ruled in favor of passengers. So it’s up to you to remain calm and let the officer know you respectfully refuse a search (do not consent).
- Real Answer: Every situation is different. You’re going to have to weigh your options. At the end of the day, you want to make it home so you can call Barton Law, PLLC to bring that officer into court… put them on the stand.. and have them explain to the judge and the public WHY their rights were violated.
‘’ Well if you’re innocent, you shouldn’t have anything to worry about.” – Officer about to arrest you.
According to the FBI, possession of a controlled substance is the most common felony in the United States. The United States criminal justice system is the largest in the world. At yearend 2015, over 6.7 million individuals were under some form of correctional control in the United States, including 2.2 million incarcerated in federal, state, or local prisons and jails. The U.S. is a world leader in its rate of incarceration, dwarfing the rate of nearly every other nation.
What are the collateral consequences of convictions?
DID YOU KNOW?
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- jail
- a criminal conviction on your record
- probation
- fines and costs
- Community Service,
- Multiple Drug Tests per month,
- Mental Health Screening,
- Parenting classes,
- Anger Management classes,
- Gun Safety classes,
- Driver’s Safety classes,
- Domestice Violence classes
- “Drug Court” or “Mental Health Court” case reassignment
- Mandatory Mediation sessions with the Complaining Witness
- And anything else the Judge has the discretion to assign at your sentencing.
- prevent you from getting certain housing?
- allow Private Landlords to evict you for “criminal activity”?
- prevent you from legally carrying a Firearm?
- allow the U.S. Immigration Dept. to revoke your status or deport you.
- terminate your parental rights?
- affect your job?
- impact your driver’s license?
- even your ability to travel outside of the country, the state, or even your own house?
FAQ
Frequently Asked Questions
Personal Injury FAQ
Statute of limitations is the statutory amount of time to file a lawsuit. In Michigan, the statute of limitations depends on the particular case type.
There are some exceptions to these deadlines. For example, the deadline for many cases involving minors and children may extend to their 19th birthday. Cases involving wrongful death related to medical negligence may extend to 5 years under some circumstances.
Some case types include:
General negligence (3 years),
Car accident (bodily injury, 3 years),
Medical malpractice (2 years),
Nursing home abuse (2 years),
Dog bite (3 years), and,
Slip and fall (3 years).
It is best to contact Barton Law, PLLC as soon as possible to avoid missing a deadline. If you wait too long, your ability to sue and win a settlement may be gone forever.
Michigan uses a “no-fault” system when it comes to auto insurance, meaning that in most accidents, each party’s insurance provides coverage for medical bills and certain other out-of-pocket losses, regardless of who was at fault for the accident.
Michigan law prohibits you from going to court after a car accident except in certain serious cases. In order to step outside of no-fault and file a lawsuit against the other driver, an injured person must have suffered:
— death,
— serious disfigurement, or
— serious impairment of a bodily function.
These conditions must be based on tangible medical evidence, also known as “objectively manifested.”
Michigan no-fault law also contains a “minitort” provision that allows you to bring a small claims case for property damage up to $1,000. The minitort provision does not, however, apply to injuries suffered in an accident.
Since the terms in Michigan’s no-fault injury laws are a little vague, you’ll need to consider the negotiating room they provide when you’re trying to reach an insurance settlement.
Dog owners are protected (to some degree) from injury liability the first time their dog injures someone if they had no reason to believe the dog was dangerous. In reality, if the dog is a certain breed etc., the first time it bites someone the owner may be liable.
Laws on damage caps create limits on the amount or types of damages an injured person may receive in certain types of cases — or for certain types of harm. (Our companion article on damages in injury cases provides more information.) Most often, these laws limit non-economic damages, also known as “pain and suffering.”
Common Landlord-Tenant FAQ
Yes. Michigan law states that a security deposit shall not exceed 1.5 times the monthly rent (MCL 554.602). For example, if the rent is $500, the maximum the landlord may collect as a security deposit is $750 ($500 x 1.5 = $750).
The tenant MUST provide his or her forwarding address—in writing—to the landlord within 4 days of moving out. Calling or telling the landlord, or landlord’s agent, won’t do. While the landlord must inform a tenant of this at the beginning of the lease, all too often a tenant may forget to do this when he or she moves out. Without a forwarding address, the landlord has no duty to make arrangements for returning the deposit. (MCL 554.611. Michigan Attorney General Opinion No. 5160, released January 6, 1978) If the forwarding address is provided within the 4 days, the landlord has 30 days from moveout to respond.
There are ten reasons specified by law that would allow the landlord to start eviction proceedings with the notice described above: 1) Nonpayment of rent (MCL 600.5714(1)(a)); 2) Extensive and continuing physical injury to property (MCL 600.5714(1)(d)); 3) Serious and continuing health hazard (MCL 600.5714(1)(d)); 4) Illegal drug activity on the premises and a formal police report filed (a lease provision must allow for such termination) (MCL 600.5714(1)(b)); 5) Physical violence or threat of violence to another person on the landlord’s property by a tenant, member of the tenant’s household, or person under the tenant’s control, and a formal police report filed (MCL 600.5714(1)(e)); 6) Violation of a lease provision and the lease allows for termination (MCL 600.5714(1)(c)(i)); 7) Forceful entry OR peaceful entry, with forceful stay OR trespass (MCL 600.5714(1)(f)); 8) Holding over after natural expiration of lease term (MCL 600.5714(1)(c)(ii)); 9) “Just cause” for terminating tenant of mobile home park (“just cause” is defined for this purpose by MCL 600.5775, see MCL 600.5714(3)); 10) “Just cause” for terminating tenant of government-subsidized housing. (Note: “Just cause” is defined by statute, see MCL 125.694a and 600.5714(2)).
If you fear domestic violence, sexual assault, or stalking, you might be able to break your lease to move to a safe location without having to pay the rent through the end of your lease. To learn more, read Breaking a Lease in Domestic Violence Situations.
**There are a lot of rules, disclosures, and responsibilities required of both parties. Call us to find out how we can help.
***Subject to the laws of the state of Michigan
Business Development General Information
Many small business owners (SBO’s) have a great concept or product, however, they are missing the one key element to exposing their great product or service to the right customers: an agent. An agent can pitch the concept to their potential clients or investors. Many SBO’s are masters at their craft, however, their craft is not negotiation. As a Certified National Basketball Players Association agent, Mr. Barton is certified by the National Basketball Association to negotiate contracts on behalf of NBA players. Contract negotiation on any level takes skill, will, and a bit of “controlled aggression.” In other words, Mr. Barton is not afraid to roll up his sleeves and get to work: whether it be for an NBA player, or a small business looking to improve revenue and create long-term value for his clients.
Barton Law, PLLC has specific programs designed to help small businesses take care of the minor details in entity establishment to the more complex details of product development such as the use of the “QR” codes to streamline business expenses and logistics. Mr. Barton’s background in project management, specifically with multimillion-dollar projects, affords him the experience to provide advice from a bird’s eye view of your day-to-day operations. Our goal is to construct long-term value for your organization from customers, markets, and relationships. To achieve our common goal of success it will require hard work on the part of our firm and the business entity itself. We’ll have routinely scheduled development meetings to establish milestones and set new goals. Our focus is on small-to-midsized, community-based businesses, or businesses seeking more visibility in the community.
Our firm prides itself on the relationships we’ve formed in the Detroit Community. Barton Law, PLLC utilizes high quality, cost effective financial services for bookkeeping and tax services from a local Certified Public Accountant. We also have relationships with “virtual” CFO’s” (Chief Finance Officer) and Controllers with decades of experience that can help guide and expand your small business. Barton Law, PLLC has relationships with many local Detroit creatives from the food service industry to cannabis dispensaries. Any small business owner can tell you that relationships with the right vendors matter. Give us a call to become a client and part of our network.
DUI/OUI/DWI General Information
- Blood Alcohol Concentration (BAC) of 0.08 or Greater
- Any Amount of a Controlled Substance in the Body
- Under the Influence of any Intoxicating Liquor, or
- Under the Influence of Any Controlled Substance or Intoxicating Substance.
1. Remain calm
2. Stay silent when they ask “How many drinks you had tonight?”
3. Refuse PBT “Breathalyzer” test
A PBT refusal is only a civil infraction in Michigan, and it carries no points and does not get abstracted to a driver’s license.
A preliminary breath test refusal is an estimated fine of $100.00 to $200.00. (Unless the driver is a minor or a commercial driver)
- Your driver’s license will be suspended for up to two years, and you will have six points assigned to your driving record. (Implied Consent Law: agreed to when you get your license)
- Once your driver’s license is suspended, you will become ineligible for a restricted license unless you file a separate appeal with the circuit court. With that, there is still no guarantee you will be granted a restricted license.
- Search Warrant/Blood Draw: Officers can require you to submit to a blood test.
Short Answer: Do Not Refuse the DataMaster Test
Punishments Under Michigan Law
- OWI, First Offense – up to 93 days in jail, fines of $100 to $500, 360 hours (45 days) community service, vehicle immobilization at the court’s discretion, possible ignition interlock device during probation.
- OWI, Second Offense – Jail time of 5 days to one year, most judges do not give up to a year in jail. They usually give anywhere from 15 to 60 days. The maximum fine is up to $1000 and the minimum fine is $200. Courts will sometime waive the fine. The court may also give 30 days community service but no more than 90 days. Your car may have a ignition lock put on it.
- OWI, Third Offense – This is a felony charge. A person can face up to five years in prison if convicted of this serious charge. There is a mandatory minimum 30 days in jail. A person convicted for this charge will face up 60 days of community community service. The maximum a person can get is 180 days. A ignition interlock device during probation, mandatory vehicle immobilization.
- OWVI, First Offense – up to 93 days in jail, fines of up to $300, 360 hours and up to 45 days of community service.
Common Felony Offenses Case Types
- Drugs – Possession of a Controlled Substance; Distribution of a Controlled Substance
- Weapons -Concealed Carrying of a Weapon without a proper CPL; Loaded Firearm in a Motor Vehicle
- Assaultive – Felonious Assault; Resisting and Obstructing; Domestic Violence 3rd, Robbery (Armed or Unarmed)
- Property -Malicious Destruction of Police/Fire Property; Malicious Destruction of Personal Property $1,000-$20,000
If you’re charged with possession of less than 50 grams of a controlled substance, have no prior drug convictions, your attorney should, at minimum, fight to have your sentence “delayed.” That means after you’re done with
If you’re facing a “Carrying Concealed Weapons” weapons charge, you may be eligible to have it reduced to a misdemeanor. Obviously, our main goal is to seek justice and have cases dismissed against our clients. However, the statistics are not 100% for any firm. With that said, after a careful review of your case, sometimes your best bet is a great negotiator who understands your legal remedies to fight for you.
Defendants may be “HYTA” (Holmes Youthful Trainee Act) eligible if they are between the ages of 17-23 years old. (HYTA will “dismiss” the charges after completion and hide the record.)
*”each case may yield different results
Many assaultive cases come down to “he said, she said” situations. The guilty verdict could rely on the crediblity of the complaining witness and how experienced your attorney is at trial. As a former prosecutor, Mr. Barton has dismissed cases where he’s found the complaining witness to have either lied or “misremembered” what actually happened. Could the complaining witness in your case have a faulty memory?
Many property offenses involve theft or destruction of private property, including burglary, arson, and vandalism. Theft crimes involving violence, such as robbery or home invasion, are categorized differently.
Expungement Case General Information
1). One (1) felony* or two (2) misdemeanors*
and
2). Must be five (5) years from the end of their sentence (example: the end of incarceration or probation).
*some charges do not qualify
Generally:
- Call “Barton Law, PLLC” to have it done right – the first time.
- Must get fingerprinted, FBI background check and their $50 fee. (fee subject to change)
- Some charges require the applicant to notify the crime survivors, who have a right to challenge your expungement.
- Court appearances may be required to establish compliance.
- Seek out or continue to do any additional educational re-enforcement, community service, or other events that will help the judge see you have grown from your initial mistake.
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