Attorney James E. Czarnecki II's Legal Cases

Criminal defense

Assault with Intent to Commit Great Bodily Harm Less Than Murder; Felonious Assault reduced to misdemeanor

Mar 20, 2017

OUTCOME: Plea deal negotiated - felony charges dismissed

We prepared for trial for several months. We conducted an investigation, interviewed witnesses and had our client ready to testify. We had our defense strategy ready to be presented to the jury. Aft ... er discussions with the prosecutor, we reached a resolution. The prosecution and our office were willing to work together in the interest of justice to reach a fair and reasonable plea in the interest of all parties. A fair resolution had been reached. The client was pleased with the outcome.

Appeals

Appeal Hearing for Reinstatement of License

Mar 06, 2017

OUTCOME: License granted

We represented our client at a hearing at the Michigan Secretary of State hearing office. After presenting evidence, we established that our client has maintained his sobriety for several years and th ... at he was a low risk for repeating his offenses. Since we had his license reinstated he was now able to drive again and pursue a promotion at his work.

Criminal defense

Case dismissed - Attempted Murder with lesser offense of Assault With Intent to Commit Great Bodily Harm Less Than Murder

Oct 13, 2015

OUTCOME: Case dismissed - motion to quash granted

Client was charge with attempted murder after an incident that occurred at his apartment with his girlfriend. He maintained that his girlfriend had threatened to harm herself if he broke up with her. ... He still had to break up the relationship. She cut herself with the knife. He grabbed her to prevent her from causing serious harm. He yelled to the neighbors to call 911. The police arrived and arrested him despite her admission and despite his innocence that he kept telling the police. We held the preliminary examination in the case. The district court court bound the case over for trial on the notion that it was a question of fact if the people were telling the truth. I wrote a motion to quash the bind over in the circuit court. The court, in stroke of justice, dismissed the case.

Appeals

Convictions for Assault with a Dangerous Weapon Overturned and Dismissed

Oct 12, 2015

OUTCOME: Appeal win - Convictions Overturned

After a trial, the jury convicted the client of assault with a dangerous weapon. The family hired me to review the case and the actions of the trial attorney. After reviewing the case and doing the r ... esearch, the facts clearly showed the court, prosecutor and defense attorney made mistakes as it was impossible for my client to be convicted of using a firearm in this case. At oral argument in the Michigan Court of Appeals, the Wayne County Prosecutor agreed with me and the Court of Appeals vacated those 3 convictions. The case was remanded back to the trial court for resentencing.

Criminal defense

Federal charge Union Fraud Dismissed

May 10, 2015

OUTCOME: Diversion granted; case dismissed

Our client had been accused of fraudulent activities as a union administrator. My client had no prior criminal record. We negotiated the case and had the client placed on diversion to avoid a federal ... prosecution. Diversion had been granted and the case dismissed.

Criminal defense

Dismissal of Assault with Intent to Do Great Bodily Harm Less Than Murder

Feb 17, 2015

OUTCOME: Case dismissed

Our client had been charged with causing serious injury to an individual in a bar. The identification had varied and was questionable. This was a heavily litigated case. Upon motion, in the circuit ... court, challenging the identification process as being unduly suggestive and in violation of the constitution, the case was dismissed.

Criminal defense

Felony Prescription Fraud Dismissed at preliminary examination

Jun 25, 2014

OUTCOME: Case dismissed at preliminary examination

Our client was charged with prescription fraud in Saint Clair Shores when it was alleged that she had presented the pharmacy with a fraudulent prescription. Client maintained her innocence. After tho ... rough investigation of the case, we decided to conduct the preliminary examination. During the hearing, the court stopped the hearing mid-way and dismissed the case against our client.

Appeals

Court of Appeals Win - Overturned 4 Counts Criminal Sexual Conduct -First Degree

Mar 19, 2014

OUTCOME: Appeal victory

Our client had been convicted, after a trial, of 4 counts of criminal sexual conduct. I was retained to appeal the case. After reviewing the trial transcripts, I discovered that the trial attorneys m ... ade mistakes by violating my client's 6th amendment right to be present at trial. I filed a motion for a new trial and evidentiary hearing in the Frank Murphy Hall of Justice. After cross-examining the trial attorneys, I made the argument that my client deserved a new trial. The prosecutor vehemently argued that this conviction must stand. The trial court agreed with me and granted a new trial. The prosecutor appealed to the Michigan Court of Appeals. I wrote the brief and appeared for argument in the Court of Appeals. After argument, the court issued a published opinion (making this case binding precedent and controlling law in the State of Michigan) and agreed with me that my client deserved a new trial. The prosecutor appealed to the Michigan Supreme Court. I wrote a brief and filed it with the Michigan Supreme Court. After reading the briefs, the Court agreed with my argument and agreed my client should have a new trial.

Criminal defense

Assaulting a Federal Agent Charges Dismissed

Nov 27, 2013

OUTCOME: Case dismissed

My client had been accused of assaulting a treasury agent during the service on the office for a search warrant. My client had no prior criminal record. We negotiated a plea deal where the client was ... placed on diversion to avoid a federal prosecution. Diversion had been granted and the case dismissed.

Criminal defense

Evidence suppressed due to illegal search and seizure under the 4th Amendment/ case dismissed

Oct 19, 2013

OUTCOME: Evidence suppressed; case dismissed

Together with a colleague we argued that the traffic stop for a license plate in the case was invalid. When client was stopped the police impounded the vehicle and searched it. During the search the ... police found heroin. Upon legal arguments made in the Fourth Amendment brief, I argued that the police violated the inventory policy of the police department for improper impound procedures. In essence, the search was not part of a "caretaking" function but was instead a criminal search without justification under the law. The court agreed that the traffic stop and evidence seized must be suppressed under the 4th Amendment exclusionary rule.

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

Assault with Intent to Commit Great Bodily Harm Less Than Murder; Felonious Assault reduced to misdemeanor

Appeal Hearing for Reinstatement of License

Case dismissed - Attempted Murder with lesser offense of Assault With Intent to Commit Great Bodily Harm Less Than Murder

Convictions for Assault with a Dangerous Weapon Overturned and Dismissed

Federal charge Union Fraud Dismissed

Dismissal of Assault with Intent to Do Great Bodily Harm Less Than Murder

Felony Prescription Fraud Dismissed at preliminary examination

Court of Appeals Win - Overturned 4 Counts Criminal Sexual Conduct -First Degree

Assaulting a Federal Agent Charges Dismissed

Evidence suppressed due to illegal search and seizure under the 4th Amendment/ case dismissed