Breaking & Entering a Motor Vehicle with Damage/Larceny from a Motor Vehicle: Oakland County

Breaking and Entering Lawyer - MichiganCharge: Breaking & Entering a Motor Vehicle with Damage/Larceny from a Motor Vehicle
Felony: Imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both, regardless of the value of the property
Court: Oakland County Circuit Court; District Court Proceedings
Disposition: Plea bargain, dismissal of Felony charge, guilty to Misdemeanor Malicious Destruction of Property. $500 fines and costs, restitution, no jail, no probation.

Carrying a Concealed Weapon (CCW): Detroit

Carrying a Concealed Weapon Lawyer - MichiganCharge (Count 1): Carrying a Concealed Weapon (CCW)
Felony: Imprisonment for not more than 5 years or a fine of not more than $2,500.00, or both
Charge (Count 2): Open Intoxicants in a Motor Vehicle (Misdemeanor)
Court: Wayne County Circuit Court
Disposition: Plea bargain, dismissal of Misdemeanor charge, guilty to Attempt CCW. Probation, no jail.

Carrying a Concealed Weapon, Felon in Possession of a Firearm, Felony Firearm: Detroit

Felony Firearm Lawyer - MichiganCharge (Count 1): Carrying a Concealed Weapon (CCW)
Felony: Imprisonment for not more than 5 years or a fine of not more than $2,500.00, or both
Charge (Count 2): Felon in Possession of a Firearm
Felony: Imprisonment for 5 years or $5,000, or both
Charge (Count 3): Felony Firearm
Felony: 2 Years consecutively and preceding any term of imprisonment imposed for the felony or attempted felony conviction
Court: Wayne County Circuit Court
TRIAL: Two day Jury Trial
Disposition: NOT GUILTY as to Count 2, NOT GUILTY as to Count 3, GUILTY as to Count 1 only. Probation, no jail.
Note: The jury’s verdict in this case suggests that while the defendant “carried” a concealed weapon, he somehow did not “possess” it, which is not only confusing but highly noteworthy because, had the jury found “possession”, the defendant faced a minimum of two (2) years in prison. Based on the jury verdict, the defendant’s sentencing guidelines started at zero (0) months of jail and capped out at seven (7) months.

Uttering & Publishing: Oakland County

Uttering and Publishing Lawyer - MichiganCharge: Uttering and Publishing
Felony: Imprisonment in the state prison not more than 14 years
Court: Oakland County Circuit Court
Disposition: Deferment under the Holmes Youthful Trainee Act (“HYTA”), such that upon the expiration of one year 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

Home Invasion First Degree, Felonious Assault, Felony Firearm: Warren

Home Invasion Lawyer - MichiganCharge (Count 1): Home Invasion First Degree
Felony: Imprisonment for not more than 20 years or a fine of not more than $5,000.00, or both
Charge (Count 2): Assault With a Dangerous Weapon (Felonious Assault)
Felony: Imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both
Charge (Count 3): Carrying a Concealed Weapon with Unlawful Intent
Felony: Imprisonment in the state prison for not more than 5 years or by a fine of not more than $2,500.
Charge (Count 4): Carrying a Concealed Weapon
Felony: Imprisonment for not more than 5 years or by a fine of not more than $2,500.00.
Charge (Count 5): 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
Disposition: Plea bargain, dismissal of Counts 1 and 5; guilty to Counts 2, 3, 4 and added Count 6 of Home Invasion Third Degree. Probation, no jail.

Breaking & Entering a Motor Vehicle with Damage/Larceny from a Motor Vehicle: Ann Arbor

Larceny from a Motor Vehicle Lawyer - MichiganCharge (Count 1): Breaking & Entering a Motor Vehicle with Damage/Larceny from a Motor Vehicle
Felony: Imprisonment for not more than 5 years or a fine of not more than $10,000.00, or both, regardless of the value of the property
Charge (Count 2): Malicious Destruction of Property (“MDOP”) $200.00 or more but less than $1,000.00
Misdemeanor: Imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the amount of the destruction or injury, whichever is greater, or both imprisonment and a fine
Court: Washtenaw County Circuit Court; District Court Proceedings
Disposition: Plea bargain, dismissal of Felony charge, plea of no contest to two Misdemeanor MDOP counts. Probation, restitution, no jail.

Not Guilty – Assault with a Dangerous Weapon (Felonious Assault), Felony Firearm: Detroit

Felonious Assault Lawyer - MichiganCharge (Count 1): Assault With a Dangerous Weapon (Felonious Assault)
Felony: Imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both
Charge (Count 2): Assault With a Dangerous Weapon (Felonious Assault)
Felony: Imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both
Charge (Count 3): Felony Firearm
Felony: 2 Years consecutively and preceding any term of imprisonment imposed for the felony or attempted felony conviction
Court: Wayne County Circuit Court
Preliminary Examination Held; Motion to Dismiss: DENIED
TRIAL: Two day Jury Trial
Disposition: NOT GUILTY

Possession of a Controlled Substance: Oakland County

Possession of Controlled Substance Lawyer - MichiganCharge: Possession of a Controlled Substance
Felony: Imprisonment for not more than 4 years or a fine of not more than $25,000.00, or both
Court: Oakland County Circuit Court
Disposition: Deferment under MCL 333.7411 such that upon the expiration of 18 months probation and compliance with court ordered terms and conditions, the charges against the defendant will be DISMISSED and the record of the proceedings shall remain non-public.
Note: MCL 333.7411, commonly referred to as “7411″, is a deferment statute designed to avoid a conviction on one’s public criminal record. A 7411 plea need not be disclosed to potential employers and, assuming successful completion of probationary terms, the record will be non-public with no adjudication of guilt. Additionally, a 7411 plea will not be reported to the Secretary of State thereby avoiding a mandatory 6 month license suspension. A 7411 plea is, however, considered a guilty plea in some instances, including for police, military, immigration and other state functions, and may be used against a defendant in unrelated and subsequent criminal proceedings.

Home Invasion First Degree, Larceny of a Firearm, Felony Firearm: Farmington

Home Invasion First Degree Lawyer - MichiganCharge (Count 1): Home Invasion First Degree
Felony: Imprisonment for not more than 20 years or a fine of not more than $5,000.00, or both
Charge (Count 2): Larceny of a Firearm
Felony: Imprisonment for not more than 5 years or by a fine of not more than $2,500.00, or both
Charge (Count 3): Felony Firearm
Felony: 2 Years consecutively and preceding any term of imprisonment imposed for the felony or attempted felony conviction
Charge (Count 4): Felony Firearm
Felony: 2 Years consecutively and preceding any term of imprisonment imposed for the felony or attempted felony conviction
Court: Oakland County Circuit Court
Disposition: Plea bargain, guilty to Count 1 and Count 2 with dismissal of Count 3 and Count 4, Felony Firearms, sentenced to 54 months prison at bottom of sentencing guidelines.

Conspiracy to Possess with Intent to Distribute a Controlled Substance: Federal Court

Conspiracy to Possess a Controlled Substance Lawyer - MichiganCharge (Count 1): Conspiracy to Possess with Intent to Distribute a Controlled Substance
~ Attempt to purchase 300 pounds of marijuana, $276,978 in cash seized 
Felony: Imprisonment for not less than 5 years and not more than 40 years and a fine of up to $2 million dollars
Charge (Count 2): Attempt to Possess with Intent to Distribute a Controlled Substance
Felony: Imprisonment for not less than 5 years and not more than 40 years and a fine of up to $2 million dollars
Court: United States District Court – Eastern District of Michigan
Disposition: Plea bargain, guilty to Count 1, dismissal of Count 2, sentencing agreement to 27 months prison.
Note: Court agreed to recommend comprehensive drug treatment program entitling the defendant to complete incarceration in 18 months. Defendant was released from prison in 11 months. $100 fines and costs.