Case Dismissed – Breaking & Entering/Larceny from a Motor Vehicle, Unlawful Possession of Financial Transaction Device/Credit Cards: Ferndale

Financial Transaction Device Lawyer - MichiganCharge (Count 1): Breaking & Entering/Larceny from a Motor Vehicle
Felony: Imprisonment for not more than 5 years or a fine of not more than $10,000.00, whichever is greater, or both
Charges (Counts 2, 3 & 4): Unlawful Possession of Financial Transaction Device/Credit Cards
Felony: Imprisonment for not more than 5 years or a fine of not more than $10,000.00
or 3 times the amount of funds withdrawn or transferred, whichever is greater, or both
Court: Oakland County Circuit Court; District Court Proceedings
Disposition: DISMISSED based on Incompetence to Stand Trial.
Note: Prior to being charged with the crimes above, the Defendant had been diagnosed with severe and chronic schizophrenia. The issue of incompetence to stand trial was raised by both the defense and the prosecution who, along with the Oakland County Sheriff’s Department, were all sensitive to the Defendant’s very apparent psychological issues. After a period of time undergoing court ordered psychological evaluation and treatment, the Defendant’s condition did not improve to such an extent that would have provided for requisite competence to stand trial. The case was administratively dismissed.

Delivery/Manufacture Cocaine, Drug House, Felony Firearm: Warren

Felony Firearm Lawyer - MichiganCharge (Count 1): Delivery/Manufacture Cocaine Less Than 50 Grams
Felony: Imprisonment for not more than 20 Years or $25,000.00, or both
Charge (Count 2): Delivery/Manufacture Cocaine Less Than 50 Grams
Felony: Imprisonment for not more than 20 Years or $25,000.00, or both
Charge (Count 3): Maintaining a Drug House
Felony: Imprisonment for not more than 2 years, or a fine of not more than $25,000.00, or both.
Charge (Count 4): Felony Firearm
Felony: 2 Years consecutively and preceding any term of imprisonment imposed for the felony or attempted felony conviction
Court: Macomb County Circuit Court
Preliminary Examination Held; Motion to Dismiss: DENIED
Motion to Quash and Suppress Evidence: DENIED
Motion to Stay Pending Interlocutory Appeal: DENIED
~ Michigan Court of Appeals ~
Motion for Immediate Consideration of Interlocutory Appeal: GRANTED
Interlocutory Appeal: GRANTED IN PART (Statements made prior to Miranda warnings SUPPRESSED)
~ Circuit Court ~
Motion in Limine to Exclude Testimony & Other Evidence: DENIED
Disposition: Plea bargain on the day of Jury Trial. Dismissal of Count 4; guilty to Counts 1, 2, 3 and added Count 5 of Attempt Felony Firearm, a Misdemeanor. One year Macomb County Jail, with work release.
Note: A plea or finding of guilt to the felony firearm charge would have subjected the Defendant to a minimum of two years in prison. A plea to “Attempt” Felony Firearm, a Misdemeanor, allowed the judge to sentence the Defendant to county jail and provided for the possibility of work release, which was granted.

Operating While Intoxicated/OWI/DUI/OUIL (Third Offense): Oakland County

Drunk Driving Lawyer - MichiganCharge: Operating While Intoxicated/OWI/DUI/OUIL (Third Offense)
Felony: Imprisonment for not less than 1 year or more than 5 years or probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days,
and a fine of not less than $500.00 or more than $5,000.00
Court: Oakland County Circuit Court
Disposition: Guilty as charged pursuant to Cobbs agreement to 30 days work release with probation and community service.

Fleeing & Eluding (Third Degree): Detroit

Fleeing and Eluding Lawyer - MichiganCharge (Count 1): Fleeing & Eluding (Third Degree)
Felony: Imprisonment for not more than 5 years or a fine of not more than $1,000, or both
Charge (Count 2): Resisting & Obstructing a Police Officer
Felony: Imprisonment for not more than 2 years or a fine of not more than $2,000, or both
Charge (Count 3): Operating While Intoxicated (Second Offense)
Misdemeanor: Imprisonment for not more than 1 year or a fine of not more than $1,000, or both
Charge (Count 4): Driving While License Suspended (Second Offense)
Misdemeanor: Imprisonment for not more than 1 year or a fine of not more than $1,000, or both
Court: Wayne County Circuit Court
Disposition: Plea bargain, dismissal of Counts 2 and 4, guilty to Count 1 and Count 3. Sentencing agreement, two years probation with six months tether as alternative to jail.

Case Dismissed – Operating While Intoxicated/OWI/DUI/OUIL (Third Offense): Romulus

Drunk Driving Lawyer - MichiganCharge (Count 1): Operating While Intoxicated/OWI/DUI/OUIL (Third Offense)
Felony: Imprisonment for not less than 1 year or more than 5 years or probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days,
and a fine of not less than $500.00 or more than $5,000.00
Charge (Count 2): Driving While License Suspended (Misdemeanor)
Court: Wayne County Circuit Court
Preliminary Examination Held; Motion to Dismiss: DENIED
Motion to Quash: GRANTED
Disposition: DISMISSED based on lack of probable cause for the traffic stop.

Assault with Intent to do Great Bodily Harm Less than Murder: Detroit

Assault with Intent to Do Great Bodily Harm Lawyer - MichiganCharge (Count 1): Unarmed Robbery
Felony: Imprisonment for not more than 15 years
Charge (Count 2): Assault with Intent to do Great Bodily Harm Less than Murder
Felony: Imprisonment for not more than 10 years or a fine of not more than $5,000.00
Charge (Count 3): Aggravated Assault
Misdemeanor: Imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both
Court: Wayne County Circuit Court
Preliminary Examination Held; Motion to Dismiss: DENIED
Disposition: Plea bargain, dismissal of all Felony charges, plea of no contest to Count 3 Misdemeanor Aggravated Assault. No jail. Probation, restitution and anger management.

False Pretenses; $1,000 or more but less than $20,000: Ingham County

False Pretenses Lawyer - MichiganCharge: False Pretenses; $1,000 or more but less than $20,000
Felony: Imprisonment for not more than 5 years and/or $10,000.00, or 3 times
the value of the money or property involved, whichever is greater
Court: Ingham County Circuit Court; District Court Proceedings
Disposition: Plea bargain, dismissal or Felony charge, no contest to Misdemeanor, False Pretenses less than $1,000.  $500 fines and costs, restitution, no jail, three months probation.  Deferment under the Holmes Youthful Trainee Act (“HYTA”), such that upon the expiration of three months with compliance with court ordered terms and conditions, the charges against the defendant will be DISMISSED and the record of the proceedings sealed.
Note: HYTA is a special status for youthful offenders ages 17 to 20 years old. HYTA allows a criminal offense to be resolved without entering judgment of conviction and with dismissal upon compliance with terms and conditions as stated by the court. MCL 762.11

Operating While Intoxicated/OWI/DUI/OUIL Third Offense: Oakland County

Drunk Driving Lawyer - MichiganCharge (Count 1): Operating While Intoxicated/OWI/DUI/OUIL (Third Offense)
Felony: Imprisonment for not less than 1 year or more than 5 years or probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days, and a fine of not less than $500.00 or more than $5,000.00
Charge (Counts 2 & 3): Driving While License Suspended (Misdemeanor)/Speeding (Civil Infraction)
Court: Oakland County Circuit Court
Disposition: Plea bargain, dismissal of Speeding and DWLS, guilty to OWI III and No Ops. 60 days work release with probation, community service and substance abuse treatment per PA511.
Note: “PA511″ refers to Public Act 511, which is also known as the Michigan Community Corrections Act. PA511 offers an alternative to long-term incarceration for non-violent offenders in the form of rehabilitative services while addressing the needs of protecting the public and punishing the offender.

Case Dismissed – Delivery/Manufacture Cocaine Less Than 50 Grams: Ann Arbor

Cocaine Delivery Lawyer - MichiganCharge: Delivery/Manufacture Cocaine Less Than 50 Grams
Felony: Imprisonment for not more than 20 Years or $25,000.00, or both
Court: Washtenaw County Circuit Court; District Court Proceedings
Preliminary Examination Held; Motion to Dismiss: GRANTED
Disposition: DISMISSED based on failure to establish a sufficient nexus between the defendant and the contraband.