
Joseph A. Lavigne
Law Offices of Joseph A. Lavigne 31700 West 13 Mile Rd., Ste. 96 Farmington Hills, MI 48334 Practice Area(s): Criminal Defense, Civil Litigation call (248) 539-3144 fax (248) 539-3166 email joe@lavignelawoffices.com visit website
Admission Dates & Jurisdictions
United States Supreme Court (2000)
United States Court of Appeals for the Sixth Circuit (2000)
United States Court of Appeals for the Federal Circuit (2001)
United States District Court for the Eastern District of Michigan (2001)
United States District Court for the Western District of Michigan (2010)
Michigan (1996)
Education
University of Detroit Mercy School of Law (J.D., cum laude, 1996)
Michigan State University (B.A., 1993)
Professional Experience
Partner and Founding Member, Lavigne & Sawicky, PLLC.
Commercial Litigation Attorney, Maddin, Hauser, Wartell, Roth & Heller, P.C.
Assistant Prosecuting Attorney, Oakland County, Michigan.
Honors & Awards
Martindale Hubbell AV/Preeminent 5.0/5 rating
Michigan Super Lawyers (Criminal Defense)
Avvo Perfect 10.0 / Superb rating (Criminal defense, DUI, Juvenile, Business and Litigation)
Distinguished Service Award, Oakland County Prosecuting Attorney
Professional Associations
Past Chair, Criminal Law Committee, Oakland County Bar Association
Defense Advisor, Sobriety Court, 51st District Court
Master, American Inn of Court
National Association of Criminal Defense Lawyers
Criminal Defense Attorneys of Michigan
Verdicts & Settlements
S.A. v P.C. (Oakland County Circuit Court): In a complex commercial and real estate litigation matter, obtained judgment for our client of more than $5,000,000 against a former business partner.
D.M. & J.M. v R.M. & D.M. (Oakland County Circuit Court): Obtained judgment of $500,000 for client who was sexually assaulted by a family member, and a separate confidential settlement amount against another family member for knowing of the abuse and failing to protect the victim.
J.T. v F.B. (Oakland County Circuit Court): successfully defended claims in litigation alleging our client committed fraud and engaged in unfair trade practices. We secured a dismissal of all of the plaintiff’s claims and obtained a judgment against the plaintiff for our client’s attorney fees.
T.A. v K.O. (Washtenaw County Circuit Court): successfully litigated enforcement of challenged agreement between parties resulting in a substantial resolution in our client’s favor.
R.K. v G.A. (Gladwin County Circuit Court): despite client’s admission to police that he went to petitioner’s home in violation of a personal protection order, secured dismissal of the PPO after two-day evidentiary hearing, with the court finding that client “was not a threat to anyone.”
F.B. v. J.C. (U.S. District Court for the Eastern District of Michigan): secured significant six-figure judgment for client for breach of contract, fraud and civil conspiracy.
[Confidential case caption] (U.S. District Court for the Eastern District of Michigan): successfully litigated breach of contract and indemnity claim resulting in defendants settling early in the case for the majority of a nearly $250,000 claim.
People v R.T. (Oakland County Circuit Court): following complaints of drug trafficking at a local mall client was caught with 20 individually wrapped baggies of marijuana in his pocket and charged with possession with intent to deliver. We tried the case and he was convicted by jury of only possession. At sentencing we successfully petitioned the court to take the charge under advisement and it ultimately was dismissed by court.
People v S.B. (Oakland County Circuit Court): secured jury verdict of acquittal for client charged with assault with a dangerous weapon, despite positive identification by witness who saw him strike his ex-girlfriend with his car, breaking her leg, and then driving to his parents’ house where the car was found by police.
People v D.B. (Oakland County Circuit Court): secured jury verdict of acquittal of first degree criminal sexual conduct, despite allegation that client entered through a bedroom window and raped the victim and was seen leaving the house by a friend of hers.
People v T.H. (52/3 District Court): citizen tip led to stop of alleged drunk driver; driver failed all sobriety tests and had a breath alcohol content of 0.24. Case was dismissed on our motion to suppress all evidence as a result of a Fourth Amendment violation.
People v L.R. (Oakland County Circuit Court): citizen tips led police to pursue a suspected drunk driver who had her minor children in the car. Secured dismissal of felony drunk driving—third offense after demonstrating police officer gave false testimony related to the stop and arrest of defendant.
Speaking Engagements
- Instructor, Michigan Supreme Court – Michigan Judicial Institute District Court Judges’ School; Lansing, Michigan.
- Guest Lecturer, Wayne State University Law School; Detroit, Michigan.
- Controlled Substances and Juvenile Justice (2014)
- Criminal Justice Internship Seminar (2012)
- Legal Instructor, Oakland Police Academy; Auburn Hills, Michigan (inactive).
- Lecturer, Continuing Legal Education Series; Oakland County Bar Association; Bloomfield Hills, Michigan.
- Computer and Internet Related Crimes
- Evidentiary Issues in Criminal Cases
- Confessions and Admissions
- Similar Acts Evidence
- Violence in the Workplace, Theft, Embezzlement, and Employment Based Crimes; Employment Law Symposium; Novi, Michigan.
- Youth Law Conference, Oakland County Bar Association; Troy, Michigan.
- Circuit Court Skills Seminar, Oakland County Bar Association; Bloomfield Hills, Michigan.
Publications
Concealing the Truth from the Jury: The Irreconcilable Differences of Voluntary Confessions and the Exclusionary Rule, Laches (Dec. 2000).
A Misapplication of the Exclusionary Rule to Voluntary Confessions: The Fallacy that Knowingly and Intelligently Made Statements are Constitutional Prerequisites to Admissibility, 1999 L. Rev. Mich. St. Univ. Det. C.L. 677 (2000).
The Ever-changing Evidentiary Law of OUIL Cases: Standards for the Admissibility of Blood Alcohol Test Results, Laches (Dec. 1999); reprinted in The Emmett-Charlevoix Bar Association Newsletter.
Michigan Criminal Law: 1996-97 Survey, 44 Wayne L. Rev. 655 (1998).
Comment, For Limited Times? Making Rich Kids Richer Via the Copyright Term Extension Act of 1996, 73 U. Det. Mercy L. Rev. 311 (1996).
A Business Lawyer’s Guide to Empowerment Zones: What’s In It For You, 17 Mich. Bus. L.J. 3 (Mar. 1996); reprinted in 19 Gen. Practitioner 15 (May 1996).
Case Digest, Doe v. Ewing, 16 Mich. Bus. L.J. 32 (Jan. 1995).
Service Activities
Life Fellow, Oakland County Bar Foundation
Secretary, Building Bridges of Hope, Inc.
Knights of Columbus
Archdiocese of Detroit Archives Advisory Committee
University of Detroit Mercy School of Law Alumni Association
Life Member, Michigan State University Alumni Association
Elementary Mock Trial Liaison, John F. Kennedy Elementary School, Ferndale, Michigan