Client charged with Intentional Discharge of a Weapon at Building. While admitting to firing the shots, we argued self-defense. Prosecutor listened and dismissed the case. All of client's guns were ...returned to him.
Criminal defense
Probation Violation Dismissed
Mar 05, 2013
OUTCOME: Probation Violation Dismissed After Conducting Hearing
Client on 7411 for possession of marijuana in Clinton twp district court. Charged with violating probation for testing positive for marijuana on five separate occasions. This was after he had absconde...d for almost 2 years, and was previously violated for alcohol. Client was tested using the sweat patch. Client admitted to last using on 11/28/12. He tested positive on 12/27/12 with 4.2 n/g, on 1/22/13 at 2.4 n/g, and again on 2/5/13 at 2.8 n/g. Probation said client should not have been testing positive if last use date was 11/28/12, and wanted to revoke 7411 and give 30 days jail.
I argued the numbers, if taken as true, showed that my client had not used and were going down. That the slight spike in February is not unusual, and that the time it takes THC to leave the body is based on several factors, including amount of use and metabolism. That the probation officer was wrong in assuming client shouldn’t be positive. I also argued in the alternative that the sweat patch is subject to false positives due to environmental contamination, either external or internal, with a focus on the internal contamination.
The judge said his gut was telling him my client was guilty, but based on the lack of sufficiency of the evidence presented by the probation dept, along with my client’s compliance with other probation terms, judge dismissed my client's probation violation, continued client on probation, and kept client's 7411 deferral in place.
Criminal defense
Felony Aggravated Stalking - Dismissed
Jan 29, 2013
OUTCOME: Dismissed After Holding Exam
Client charged with 7 1/2 year felony for allegedly stalking the mother of his child. The prosectuor first offered a deal to a 2 1/2 year felony, then offered a deal to two misdemeanors, one a one-yea...r and the other a 6 month. Client rejected the offers, and I held the Preliminary Exam.
The mother tried to use 37 text messages and other contacts to claim she was fearful and intimated by client. On cross-exam, I was able to get the mother to admit she is a liar and was lying, and that she wasn't fearful. After hearing this testimony, the Judge dismissed the case against my client. A good day for the defense!
Criminal defense
SORA - Fail to Register - Dismissed
May 29, 2012
OUTCOME: Case Dismissed After Conducting Exam
Client charged with 4-year felony for failing to register his address under SORA. I conducted the Preliminary Examination of the Prosecution's witness and was able to show there was no probable cause ...to believe my client committed the crime - Judge dismissed the case.
Criminal defense
Felony Assault - Dismissed
Feb 28, 2012
OUTCOME: Felony Charge Dismissed After Holding Exam
Client charged with Assault on DHS employee. Exam held and employee testifies she was attempting to conduct a well check when my client met her on the front porch, became hostile, got in her face, cli...nched his fists, and with dilated pupils, yelled he was going to kick her ass, and for her to get the "F" off his property. The employee claimed she was fearful for her life.
Our theme was the employee was using her power as a DHS worker to unjustifiably harass, disrespect, and harm my client. Her story didn’t add up, and on cross exam, from the beginning she had an attitude with me and was evasive in answering questions. You never know how a witness will testify until you get them on the stand. By my second question, I knew that this employee had attitude and used it to our advantage to establish our theme. It worked to our advantage. Judge refused to bind over – case dismissed.
What made it even better was the PA had offered my client a 1 year misdemeanor, and when we rejected the offer, the PA said “either way, your client’s getting convicted.†She then went on to say that this case was small potatoes in comparison to the other case she had for today – my response was it means everything to my client!
A good day for the defense!
Criminal defense
Not Guilty - Assault and Battery
Feb 01, 2012
OUTCOME: Not Guilty After Jury Trial
Client charged with punching a witness in the face multiple times causing several injuries. Witness positively identifies client as the suspect.
The defense theory was the witness was severly dr...unk and caused his own injuries.
We refused all offers to settle and took the case to Jury Trial, where it took the jury 15 minutes to return a Not Guilty verdict.
Criminal defense
Delivery of Cocaine, Maintaining Drug House, Resisting Police
Sep 23, 2011
OUTCOME: Dismissal of 4 felony charges
Client charged with 4 felonies for selling cocaine and resisiting police. Prosecutor agreed to dismiss all charges against client.
Criminal defense
Carry Concealed Weapon - 5 year felony reduced to 90 day misdemeanor
Aug 16, 2011
OUTCOME: Plea to 90 day Misdemeanor
Client charged with a 5 year felony for carrying a 22 semiautomatic in his car. Gun was located between the front seats. Client did not have a concealed weapons license. Client plead guilty to a 90... day misdemeanor for failing to register handgun. As a result, client was able to keep his right to own and possess guns.
Criminal defense
Carrying Concealed Weapon
Jun 21, 2011
OUTCOME: Case Dismissed
Client charged with CCW for carrying 2 hunting knives in his car. We advised the Prosecutor the charges should be dismissed because of a lack of evidence. Prosecutor agreed and dismissed the case.
Criminal defense
Retail Fraud Third Degree
Feb 18, 2011
OUTCOME: Case Dismissed
Client charged with stealing X-Box games and DVD's from Meijer. Witnesses never were able to positively identify client. Investigating officer violated client's due process rights by conducting an im...proper photo lineup. We filed a motion to suppress evidence, and on the day of the hearing, Prosecutor dismissed the case.