Attorney Scott G. Millard's Legal Cases

Child custody

Ex Parte Temporary Custody for Father

N/A

OUTCOME: Father was granted temporary legal custody, physical custody, and parenting time was denied pending a custody order.

Father had provided for the child since its birth. He had signed the affidavit of parentage and the birth certificate. Mother had moved out of the father's residence nine months prior to filing and h ... ad infrequent and sporadic parenting time with the child. There were facts indicating drug and alcohol issues, mental instability, significant criminal history, continuing criminal activity, and threats that she would take the child and leave (to where was unknown).

Criminal defense

Minor in Possession of Alcohol 3rd Offense

N/A

OUTCOME: Nolle Prosequi

Grand Valley public safety officers arrive at client's apartment at midnight under the auspice of conducting a "probation check" on one of the individuals that resided in the four bedroom apartment. T ... he officer peered into the client's windows, allegedly observed individual's consuming beer on a back porch, and decided that he wanted to enter the apartment. He called other officers to the scene and they surrounded the apartment. One officer began knocking on the front door while another officer climbed onto a back deck that was elevated six feet above the ground and attempted to access the apartment. Officers then forced entry through the front door, searched the apartment, and then forced entry into a locked bedroom where the client was located. After receiving the motion to suppress and dismiss asserting that the search was an illegal warrantless search, the prosecutor agreed and dismissed the case.

Criminal defense

Indecent Exposure

N/A

OUTCOME: Nolle Prosequi

After a long standing dispute between neighbors a call was placed to the police regarding an individual alleged to have used an obscene gesture and having exposed his bare buttocks. Police sought to h ... ave charge the client with indecent exposure. The prosecutor waited nearly 18 months to authorize a warrant for the client's arrest. In the mean time a key exculpatory witness passed away. Upon filing of a motion to dismiss for substantially prejudicing my client's defense dut to prearrest delay, the prosecutor dismissed the case.

Criminal defense

Standing Order of Disqualification of Judge Kenneth Post

N/A

OUTCOME: Standing order for recusal of Judge Kenneth Post

After being held in contempt of court by Judge Kenneth Post, Ottawa County District Court Judge - Hudsonville, I brought a motion to disqualify Judge K. Post for four cases pending in the Hudsonville D ... istrict Court. Judge K. Post denied the motion in respect to all four cases, finding that he had made a legal decision, I had appealled that decision, and that he was wrong in that decision. He ignored the courtroom demeanor displayed toward myself as the lawyer, the rudeness, and the atmosphere of intimidation. On de novo review to the Chief District Court Judge, and after oral argument, the judge granted my motion to recuse Judge K. Post from the four cases, however the went further. After revealing that the court was aware of a pending Judicial Tenure Commission investigation regarding the presiding judge's complaint against the judge, as I had also filed a complaint, the judge issued a standing order of recusal of Judge Kenneth Post for any case that I appear as the attorney of record, unil completion of the JTC investigation.

Criminal defense

Malicious Destruction Of Property $200-$1000

N/A

OUTCOME: Nolle Prosequi

Client was accussed by her boyfriends ex-wife of putting maple syrup in her gas tank. There was an alleged eye witness. After trying to sort it out with the prosecutor herself she obtained legal assi ... stance. I quickly obtained employment records and determined the distance from work to the location of the "witnessed event." Upon notice of alibi the prosecutor became dissuaded with his "independent witness" and dismissed the case.

Family

Show cause - denial of parenting time

N/A

OUTCOME: Denying Parent found in Contempt of Court

Client requested assistace of the FOC regarding the other parent's denial of parenting time. A show cause hearing was scheduled, but at the hearing the parent being show caused came with an attorney t ... hat requested an adjournment to call witnesses regarding my client's alleged harassment or otherwise "bad" parenting traits. After opposing client cross examined my client for nearly four hours in an attempt to distort the relevant facts and countless objections to this point, I was able to get into the denying parent. Within minutes the wrongfulness of the denial was admitted and client's claim was vindicated with a remedy granted by the FOC referee.

Criminal defense

Receiving and Concealing less than $1000.00 more than $200.00

N/A

OUTCOME: Nolle Prosequi

After a neighbor witnessed two individuals removing scrap metal from a farmer's scrap metal pile an investigation into the theft began. After deciding that they lacked a case the sheriff's department ... forwarded their information to the county where my client was accussed of turning in scrap metal at a scrap metal yard. After refusal by my client to take a plea the prosecutor dismissed the case on the eve of trial.

Criminal defense

Possession of Weapon at School

N/A

OUTCOME: Nolle Prosequi

A high school student forgot that he had left his pocket knife in his pants pocket from the night before. He put the same pants on and caught the bus. While on the bus his pocket knife fell out of hi ... s pocket and was left in the seat. He later admitted the pocket knife was his. After a motion to the court the prosecutor relized that he would have to prove that the pocket knife was being carried for use as a weapon or with expert testimony that it was primarily designed to be used as a weapon. A dismissal soon followed. It is not a crime to accidentally bring a pocket knife to school and a pocket knife is a tool; not a weapon per se.

Criminal defense

Domestic Violence - 2nd Offense

N/A

OUTCOME: Not Guilty

The prosecutor charged my client with domestic violence resulting from a bottle of apple juice that came into contact with my client's girlfriend's head. The complainant had verying accounts of what o ... ccurred and also requested that the prosecutor drop the charges. The prosecutor refused to respect the complainant's wishes, instead choosing to try the case to a jury. I was appointed to the case after the client selected his own jury. After the prosecutor's witnesses demonstrated the many differing stories of the complaining witness, highlighted by the State Trooper's testimony a jury came back with the verdict of "not guilty."

Scott G. Millard's Legal Cases (29)

Ex Parte Temporary Custody for Father

Minor in Possession of Alcohol 3rd Offense

Indecent Exposure

Standing Order of Disqualification of Judge Kenneth Post

Malicious Destruction Of Property $200-$1000

Show cause - denial of parenting time

Receiving and Concealing less than $1000.00 more than $200.00

Possession of Weapon at School

Domestic Violence - 2nd Offense