Attorney Scott G. Millard's Legal Cases

Real estate

Land Plat Vacation

Jan 31, 2013

OUTCOME: Judgment granting relief requested

Client sought to have certain lake front land that was platted vacated so that the client would be able to have larger more valuable lots without cutting a postage stamp lot in half and having a road e ... asement run through the center of the two large lake front lots. The cases are complicated and require naming many state, county, and township defendants, as well as private property owners within a designated distance from the proposed plat vacation. I sought out and obtained a township resolution allowing the land to be vacated. I also negotiated with the township attorney and an assistant state attorney general to work out a mutually agreed upon resolution. After much time and effort the client will have two of the most sought after lots on a popular all sports lake in Montcalm County.

Criminal defense

Domestic Violence and Interference with Communication Device

Jan 22, 2013

OUTCOME: Nolle Prosequi (Dismissal); Felony reduced to Misdemeanor

Client was charged with Domestic Violence after a scuffle with client adult step-child. Client was accused of shoving the adult step-child after cussing out the step-child's spouse. On the day before ... jury selection the prosecutor authorizes a warrant for felony Interference with Communication Device and seeks to pressure client into pleading to the Domestic Violence. The prosecutor on the misdemeanor case dismisses after I show him the pictures of the complaining witness's knuckle tattooes stating "PURE HATE." On the felony, I went into pretrial and turned down a misdemeanor attempt offer and said that we would just have a preliminary examination. The prosecutor then offered client Disorderly Person, no jail, fines and costs. Client accepted to have the matter done that day. With Client's criminal history a conviction for the felony could have resulted in up to 18 months in prison. Client pled to a misdemeanor, paid a small fine, and left to return to his life.

Criminal defense

Retail Fraud 3rd Degree

Jan 09, 2013

OUTCOME: Nolle Prosequi (Dismissal)

Client was detained after eating potato logs while shopping in a local grocery store. Client had placed several items in his coat pocket as he shoped. These items were readily visible to all and clie ... nt did not seek to hide client's actions. The store personel contacted the local city police. Client was arrested while standing at the register talking with the clerk and preparing to pay for the items he had placed in his pockets. Client also has a disability due to suffering a traumatic brain injury as a young adult. The officer described client as being drunk or on drugs, because he didn't care to ask about client's speech impediment due to his disability. The officer also failed to note that client had a debit card to pay for the items with his direct deposited disability benefits, instead finding it relevant that client only had a small amount of change in client's pockets. I took advantage of having a prosecutor take over the case, whom I knew to be a reasonable and kind human being to share the information on the morning of jury selection. The prosecutor agreed to dismiss the case.

Criminal defense

Aggravated Domestic Violense

Jan 09, 2013

OUTCOME: Nolle Prosequi (Dismissal)

Client was charged after becoming involved in a physical altercation with client's then significant other. The police photos of the complaining witness showed significant injury. Client had warrants ... for a separate issue and did not speak to the police. Client was not photographed. After refusing all plea agreements and upon information obtained during extensive investigation, including Freedom of Information Act requests, witness interviews, and gathering information about the complaining witness. The prosecution's bluff was called at jury selection when they dismissed the case.

Criminal defense

Domestic Violence - 2nd Offense

Nov 14, 2012

OUTCOME: Not Guilty

Client was charged with Domestic Violence after the prosecutor alleged that my client had choked a teenage child because of the child's failure to properly do his chores: wash his dishes. There were c ... redibility issues that were shown with the prosecutor's key witness and other witnesses contradicted the prosecutor's version of events. After 18 minutes of deliberation the jury returned a verdict of NOT GUILTY. Client left the courtroom a free and happy man.

Criminal defense

Domestic Violence - 2nd Offense

Aug 22, 2012

OUTCOME: Not Guilty

Client was using a tractor to smooth out a dirt driveway and push rubble and other refuse into a pile. Client's 76 year old father walked out near the area and was upset because he'd been awakened by ... Client's activity. Client pulled the tractor up next to father. There was a substantial history between the two. Client gets off of the tractor. When this occurs the 76 year old father swings at client with the flash light and then with a fist. Both are blocked by client and then client punches dad once causing a bloody cut above his eye. Two witnesses gave statements to a state trooper, including the father, stating that client hit father without provocation. After effective cross examination of the witnesses to show the details in the stories that supported client's story the trooper testified. Cross examination of the State Trooper turned this witness into the best defense witness. He agreed that he shouldn't have questioned all witnesses together. That he should have preserved written statements and diagrams of the scene. Most importantly that when the trooper is confronted with someon with a weapon like a flashlight, he is trained to remove the threat first. This testimony supported my client's case because all witnesses agreed that after hitting the 76 year old he picked up the flashlight and threw it away. Most agreed that client then helped the 76 year old off the ground. Pictures of the bloodied 76 year old man were entered into evidence. With blood running down the side of his face.

Criminal defense

Malicious Destruction Of Property $200-$1000; Malicious Destruction of a Building $200-$1000; Disorderly Person - Jostling

Aug 15, 2012

OUTCOME: A directed verdict on Disorderly Person; Not Guilty of Malicious Destruction of a Building; Guilty of Malicious Destruction of Personal Property

Client confronted the ex-friend about stealing some money and a cell phone. Confronted the person while the individual was hiding in the home of their new lover. The occupants of the home refused to ... answer the door. Client contacted 911 and then waited near the road in a relatives yard, next door to where the ex was staying with the new romantic interest. Because of outstanding warrants the ex called a family member to pick them up and leave before the police arrived. During the course of leaving client ends up on the hood of the car. Client's foot prints also appear on the hood of the car. Client was granted a directed verdict on the Disorderly Person - Jostling charge at the close of the prosecution's case in chief. After a lengthy trial and four hours of jury deliberation, the jury found client NOT GUILTY of damaging the neighbor's door. The jury did find client guilty of damaging the hood of the car.

Juvenile law

Assault With A Dangerous Weapon

Jul 31, 2012

OUTCOME: Nolle Prosequi (dismissal)

Client was acting out after losing the client's temper. Client's parents could not get client under control and called the police to help regain control over the situation. The client was experiencin ... g ongoing emotional issues from a traumatic event in the client's past. The responding police officer's take notes, arrest the client, and then justify their actions in a police report that mistates what actually occurred. The parent's request that no charges be filed, but the prosecutor charges the client with a felony. Two days before the second trial date the prosecutor dismissed. Largely after I encouraged the prosecutor to talk to his witness about what actually had occurred.

Real estate

Property Dispute

Jun 20, 2012

OUTCOME: Permanent Restraining Order Granted

Client purchased a vacation property. During a visit the client noticed that someone had erected two docks, mooring four boats. Individuals began parking on the client's property and using the boats. ... After an attempt at a non-litigious resolution failed, client sought my assistance. After an evidentiary hearing was held and upon effective cross examination of the defendant destroyed any potential defense or counter-claim, the judge issued a temporary restraining order (TRO) requiring that the individuals remove their docks from the client's property. The offers for settlement quickly came in. The case was resolved through a mutually agreeable settlement wherein the parties agreed to a permanent restrainng order that settled the dispute in favor of my client.

Administrative law

Appeal of Liquor License Denial

Jun 19, 2012

OUTCOME: Appeal Granted

Client was denied a liquor license by the Michigan Liquor License Control Commission after they relied on the recommendation of a township and the elected sheriff to deny my client's request to transfe ... r ownership of the business and the liquor license. Upon use of Freedom of Information Act requests and a close look at the relevant administrative rules I determined that the denial was improperly based on one of a list of factors that the board must consider. At the hearing I articulated why additional information was not properly considered and demonstrated how both the Sheriff and the Township based their denials on improperly considered information. As a result the MLCC board granted my client's appeal and thus allowed him to take an ownership interest in a liquor license and a local alcohol serving establishment.

Scott G. Millard's Legal Cases (29)

Land Plat Vacation

Domestic Violence and Interference with Communication Device

Retail Fraud 3rd Degree

Aggravated Domestic Violense

Domestic Violence - 2nd Offense

Domestic Violence - 2nd Offense

Malicious Destruction Of Property $200-$1000; Malicious Destruction of a Building $200-$1000; Disorderly Person - Jostling

Assault With A Dangerous Weapon

Property Dispute

Appeal of Liquor License Denial