Attorney James E. Czarnecki II's Legal Cases

Criminal defense

Fourth Amendment Violations - Cases Dismissed on motion and evidentiary hearing

Sep 09, 2013

OUTCOME: Motion granted; evidence suppressed; cases dismissed

Client was accused of driving a truck into a postal carrier van causing an injury and leaving the scene. A description of the perpetrator was never given. Based on information provided by the police, ... the Romeo district court granted the police a search warrant to search the home of our client who lives in Rochester. They were looking for a truck. With the assistance of the Oakland County Sheriff, the police forcibly entered my client's home. During the search they found a marijuana grow operation. I held the preliminary examination in Rochester and argued that the warrant issued by Romeo was defective and that the Macomb County Sheriff and Oakland County sheriff improperly searched the home. After writing a brief for the Rochester court, the court agreed and suppressed the evidence. Case dismissed. In the Romeo Court I argued that pursuant to the Rochester court, the Romeo court warrant was defective. The Court agreed and dismissed the case for leaving the scene.

Criminal defense

Trial Win - Not guilty verdicts in Criminal Sexual Conduct Case

Jun 06, 2013

OUTCOME: Not guilty of all counts

My client faced multiple criminal sexual conduct charges. He had maintained his innocence from the very first day. Despite numerous plea offers that would have reduced his mandatory offense of no les ... s than 40 years my client rejected the plea stating in open court, "if it is one day or 50 years, I did not do this offense, I will go to trial." He put all of his trust in me and went to trial. After a 4 day jury trial, we won. Client found not guilty of all charges.

Criminal defense

Defense of Embezzlement of $1,000,000

Jul 20, 2012

OUTCOME: Felonies dismissed; reduced to disorderly conduct that is kept off client's record

Client was charged with embezzlement of over $1,000,000. I fought this case for 2 years with motions and hearings. I had employed former IRS supervisors as my forensic accountant to assist. I held t ... he preliminary examination. When the case was bound over to circuit court, I filed a motion to remained back to the 41B district court for another preliminary examination. After years of work, the prosecutor agreed to dismiss the case and offer a disorderly conduct. My clients accepted and the court granted MCL 771.1 retroactive to the date of the offense allegation and the case was dismissed.

Criminal defense

Federal Charge of Alien Smuggling Dismissed

Jan 12, 2012

OUTCOME: Case dismissed

Client had been accused of being part of a smuggling ring that helped foreign individuals exit and enter via New York from Canada and other places. I filed my requests for evidence that had not been p ... roduced by the federal government. At the date for the examination, case was dismissed. Client never charged or indicted.

Criminal defense

Criminal Sexual Conduct First-Degree - HYTA Negotiation

Sep 16, 2010

OUTCOME: HYTA granted - charges dismissed

Client, under the age of 21, was charged with criminal sexual conduct in Oakland County. We had successfully negotiated a plea deal where my client would accept responsibility for a reduced offense un ... der the Holmes Youthful Trainee Act. Very fact specific case that allowed this deal. This means that if he completed probation there would be no record of the offense. Client successfully completed probation and all charges dismissed.

Criminal defense

2 charges of Drunk Driving Second Degree Murder plus 8 other felonies and misdemeanors - resolved in plea negotiation

Oct 18, 2007

OUTCOME: Plea deal negotiated

I had vigorously defended this case for over a year. I had prepared for trial with extreme diligence. I utilized accident deconstructionists to interpret the evidence. I had contacted experts regard ... ing the blood and alcohol results. I defended with motions. In conducted the preliminary examination. Additionally, I filed appeals in the case while the case continued all the way to the Michigan Supreme Court. On the date of trial, my client accepted the plea offer where 8 of the 10 charges would be dismissed with a sentence agreement that my client accepted. I stood ready to try the case and the client and his family knew how prepared I was to defend him. I wanted to try this case based upon the facts.

Criminal defense

First-Degree Murder - New trial granted after evidentiary hearing

Sep 22, 2005

OUTCOME: New trial granted by trial court

The client was convicted of first-degree murder by conspiracy. I was employed to review and read the transcripts and formulate the arguments attacking the trial court representation. I discovered tha ... t the trial attorneys did not use evidence favorable to my client's trial. I filed a motion for a Ginter hearing where I was allowed to cross-examine the trial attorneys and the manner of their representation under the Sixth Amendment. I won. The trial court agreed with my argument after the hearing and granted my client a new trial.

Criminal defense

Trial Win -Not guilty verdicts on attempted murder and all assaultive crimes

Aug 12, 2004

OUTCOME: Not guilty

Our client had been charged with attempted murder, felonious assault, assault with a dangerous weapon resulting from a shooting that occurred on the floor of the Jefferson Chevrolet dealership. This w ... as in fact my first trial out of law school. My client had been choked by another employee to the point that he was losing consciousness by a man twice his size. My client feared for is life. In response to the situation my client pulled out his legally concealed pistol and fired a single shot into the attacker's abdomen to stop the assault. Despite the facts, the prosecutor charged his with attempts murder among other charges. Because of the seriousness of the severity of the crimes, we went to trial. We argued self-defense. After the trial, the jury found my client not guilty of all the assaultive crimes.

James E. Czarnecki II's Legal Cases (18)

Fourth Amendment Violations - Cases Dismissed on motion and evidentiary hearing

Trial Win - Not guilty verdicts in Criminal Sexual Conduct Case

Defense of Embezzlement of $1,000,000

Federal Charge of Alien Smuggling Dismissed

Criminal Sexual Conduct First-Degree - HYTA Negotiation

2 charges of Drunk Driving Second Degree Murder plus 8 other felonies and misdemeanors - resolved in plea negotiation

First-Degree Murder - New trial granted after evidentiary hearing

Trial Win -Not guilty verdicts on attempted murder and all assaultive crimes