Added: Nicloe Labarre - Date: 23.03.2022 07:58 - Views: 23887 - Clicks: 5645
Our winning strategies have allowed us to obtain impressive at different stages of a criminal case including pretrial conference, preliminary examination, motion hearings and trials. The funds were embezzled from a sensitive organization and several individuals from the organization showed up at Court. We were retained early in the investigation, cooperated with the detective and encouraged our client to make restitution before the first court date was scheduled.
We were able to negotiate a plea bargain to a misdemeanor on behalf of our client and she was placed on 1 year probation with no jail and no felony record. Our client faced a felony charge for possession of 3 pounds of marijuana with intent to deliver and a second charge for manufacturing marijuana because of active plants.
Each felony offense carries up to 4 years in prison and consecutive sentencing which applies to drug convictions. There was a strong medical marijuana issue even though he possessed an amount in excess of the legal limits for a caregiver or patient. Our client was protected from multiple felony convictions, plead to an offense that is classified as a misdemeanor and will be eligible for expungement if he keeps his record clean.
Aside from a fine which was imposed, our client was not placed on probation, not required to be tested for marijuana and was not given any jail. A trial was held in a case where our client was charged with domestic violence. The victim did not want to proceed with the case but was called to testify and the police report contained some entries that were favorable to the defense.
The case was dismissed based upon our theory that the accused was attempting to defend himself and control the victim who was hysterical. Case dismissed. Our Client was charged with his 9th lifetime drunk driving and faced a potential prison term because of his prior criminal history and habitual offender status. This arrest occurred in and our client had a of years of sobriety before this offense.
Cobbs agreements are permitted pursuant to the case of People v Cobbs, Michigan Supreme Court A Cobbs agreement allows a Judge to make a sentence agreement with a Defendant in connection with a Defendant guilty plea or no-contest plea to an offense s. If the Judge does not follow the agreement, the defendant is afforded an opportunity to withdraw his plea and proceed to trial. In this case the Judge followed the Cobbs agreement and sentenced our client to serve 30 days in jail followed by days of home alcohol monitoring.
Diversion is a special status usually reserved for first time offenders which keeps the case outside of the criminal system. However, an offender that violates any diversionary condition is required to face the criminal charges. Diversion is not available in every county. When diversion is not applicable, other provisions of law may negotiated which can mean a dismissal when accepted by the prosecutor and the judge ased to a case. Our client age 19 faced 15 to 25 months in prison for having sex penetration with a minor age We filed an extensive sentence memorandum with character letters and achieved a triple victory: No jail, HYTA granted and not required to register as a sex offender SORA.
The case will be dismissed upon successful completion of probation and the record will be non-public of the proceedings. In both cases, a delayed sentence was negotiated with the prosecutor pursuant to MCL While this is something that we have done when someone has a single charge and no prior criminal record, it is rarely achieved when a person is faced with multiple charges. He was going on a hunting trip from Michigan to Wyoming. Our firm was able to have the serious TSA criminal offense reduced to a simple parking violation. By avoiding a drunk driving second offense, our client saved her and avoided jail and probation.
This is a tough result to obtain but we worked hard to get a deviation in the plea bargaining process. Our client obtained numerous character letters and a private substance abuse evaluation. She also began a substance abuse counseling program soon after her arrest. We advocated her case on various levels including the possible loss of career opportunities as a medical doctor and potential immigration consequences.
Our client obtained a drunk driving conviction in St. HYTA is a special sentencing status that means the offender was given the chance to get a dismissal of the criminal offenses because he was age 17 to 20 when the offenses occurred. The Judge was persuaded that our client was taking serious steps to deal with teenage alcoholism. This victory meant that our client retained his HYTA status and did not get any jail or additional probation imposed. Michigan laws require revocation of driving privileges when someone is convicted of operating a vehicle while intoxicated causing a serious injury or death or upon being convicted of multiple drinking and driving offenses.
When the person loses their DLAD hearing, an appeal can be filed in the Circuit Court in the county where the person resides. She presented an excellent case before the Driver Appeal Division to obtain driving privileges. The hearing officer upheld her revocation status and she was not eligible for another appeal for 12 months.
We appealed the decision to the Macomb County Circuit Court. We won the appeal and our client was granted FULL restoration of her without the ignition interlock device. She had a position of trust and used customer credit cards for her own advantage. We negotiated to have the case placed in diversion and avoided a federal prosecution. Result: Diversion terminated, case dismissed. Our aggressive defense included handwriting analysis and uncovering improper motives by the alleged victim.
Result: Case dismissed. The victim was charged with filing a false police report. Our client hit another person on the head with the stock of a shotgun causing a cracked skull and numerous sutures. This was a night gathering with several witnesses. At trial, we asserted self-defense and produced witnesses who testified that the victim was loud, combative and lunged aggressively towards our client. Result: Not Guilty Verdict. Result: Case dismissed after period of probation.
Result: Plea responsible to traffic ticket and avoid drunk driving conviction. Montmorency County Possession of Oxycodone, Analogues and Marijuana : Our client was charged with felony drug possession. The prosecutor agreed to dismiss 2 of the charges in exchange for a plea of guilty to 1 count with MCL Clair Shores Possession With Intent to Deliver 1 Pound of Marijuana: Even though a large quantity of marijuana was involved, we negotiated a dismissal of the felony charge in favor of misdemeanor possession of marijuana charge with MCL The witness was questioned about the police sketch of the defendant and agreed that there were discrepancies in identification.
A preliminary examination was held. The evidence indicated that the parties were playing strip poker during the evening. The alleged victim went to bed and in the morning said that the defendant got into bed with her and sexual intercourse while she was tired and falling asleep.
The defendant denied using any force or coercion. The defense argued for dismissal after the preliminary examination, citing People v Patterson, Mich Clair Shores and Macomb County Circuit Court Child Abuse Third Degree: A preliminary examination was held in the 40 th District Court and eye witnesses were called to testify on behalf of the defendant who was charged with abusing his nephew.
The case was bound over to the Macomb County Circuit Court and a motion to quash the information was filed. The court agreed that there were no injuries, the defendant acted with the consent of the mother and discipline was reasonable under the circumstances.
However, the preliminary examination hearing was so compelling that the prosecutor agreed to dismiss the case before trial. Result: Case dismissed after a period of probation. The defendant hit the bike. Our client had a clean record and we presented an extensive background history to the prosecutor who agreed to reduce the charge to a misdemeanor.
Result: No felony record, plea to misdemeanor with probation and offense may be expunged in 5 years. He and his girlfriend had reconciled and began counseling. Neither party wanted to give sensitive and embarrassing testimony in open court. Our office negotiated extensively with the prosecutor and police officer for an outright dismissal. Result: Case dismissed on trial date. However, we negotiated a plea to a misdemeanor drunk driving. Result: No felony record, plea to misdemeanor, no jail.
We negotiated a dismissal of this felony and our client plead guilty to a misdemeanor. The case was taken under advisement for 12 months. We negotiated a dismissal of the felony and our client plead guilty to simple assault, a misdemeanor. The case was taken under advisement by the court for 12 months. Result: Avoidance of a drinking and driving conviction. Wayne County, Detroit Unarmed Robbery: The issue in this case was one of identification of our client as the perpetrator. The court was sympathetic because she was at a disadvantage and was asked to perform field sobriety tests in the darkness without her glasses.
Result: Dismissed after a period of probation. By holding every hearing and filing motions, the prosecutor agreed to dismiss all of the above offenses and the defendant plead guilty to a single offense of attempt criminal sexual conduct in the second degree.
Result: Probation and avoidance of a long term in prison. We had 5 charges dismissed and our client plead guilty to 1 offense which the court agreed to sentence pursuant to HYTA. Please do not include any confidential or sensitive information in a contact form, text message, or voic.
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Romeo and Macomb County Circuit Court Possession with Intent to Deliver and Actively Growing Plants 3 pounds of marijuana Our client faced a felony charge for possession of 3 pounds of marijuana with intent to deliver and a second charge for manufacturing marijuana because of active plants.
Macomb County Circuit Court Criminal Sexual Conduct 3rd Degree Romeo and Juliet: Offender not more than 4 years older than victim Our client age 19 faced 15 to 25 months in prison for having sex penetration with a minor age Macomb County Circuit Court Appeal of DLAD Decision to the Macomb County Circuit Court Full Restoration of Granted Michigan laws require revocation of driving privileges when someone is convicted of operating a vehicle while intoxicated causing a serious injury or death or upon being convicted of multiple drinking and driving offenses.
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