Breaking News 2014-2015
October 30, 2015 - FELON IN POSSESSION OF A FIREARM AND FELONY FIREARM CHARGES DISMISSED IN WAYNE COUNTY - Mitch's client was charged in a 3 count criminal complaint - Felon in Possession of a Firearm, Felony Firearm, and Possession with the Intent to Deliver Marijuana. This was a result of a search warrant on a suspected drug house. Mitch demanded a preliminary examination and got the two testifying officers to admit that they never saw the defendant in possession of the shotgun and that the shotgun was never sent to the Michigan State Police crime lab for fingerprint analysis, and that they did not know who actually owned the home or who lived in the home. Mitch's client had been sitting on a couch in the living room when the police entered and the shotgun was found in the kitchen. Mitch prepared and filed a motion to quash (dismiss) the two felony gun charges. Rather than answering and defending against this motion, the Wayne County Prosecutor's Office dismissed both gun charges. Mitch's client then pleaded guilty in front of Wayne County Circuit Judge Craig Strong to Possession with Intent to Delivery Marijuana. At his sentencing, Mitch's client could be released on probation. If convicted of Felon in Possession of a Firearm, Mitch's client was facing up to 5 years in prison consecutive to Felony Firearm, and if convicted of Felony Firearm, Mitch's client would have been required to do a mandatory 2 year prison term.
October 29, 2015 - GUILTY PLEA WITHDRAWAL OPPORTUNITY ORDERED BY COURT OF APPEALS IN KALAMAZOO COUNTY METH LAB CASE - Mitch's client had previously pleaded guilty in Kalamazoo County Circuit Court to maintaining or operating a meth lab, a felony punishable by up to 20 years in prison. The inducement for this plea was a promise to get "swift and sure" drug court probation - this was a Cobbs agreement with the judge. At sentencing, the prosecutor accused the defendant of misconduct while in jail and sentenced the defendant to 88 months to 20 years in prison and did not permit the defendant to withdraw his guilty plea. Mitch took on the appeal seeking to allow his client to be able to withdraw his guilty plea. On October 29, 2015 the Michigan Court of Appeals reversed the lower court in Kalamazoo and ruled that Mitch's client be given the opportunity to withdraw his guilty plea and go to trial. Often people plead guilty when they are not in fact guilty - for a variety of reasons. Sometimes, like this case, there is a promise for a really good deal. Other times, a defendant is tricked by his or her own attorney into pleading guilty. It is rare to get a guilty plea withdrawn, but it can be done in some cases.
October 1, 2015 - 10 YEAR FELONY LARCENY REDUCED TO MISDEMEANOR WITH NO JAIL AND NO PROBATION - Mitch's client was originally charged with Larceny over $20,000.00 for the alleged theft of township property, a felony punishable by up to 10 years in prison. After conducting a preliminary examination, thorough investigation through the use of a private investigator and Freedom of Information Act Requests, and multiple trips to court, the Livingston County Prosecutor agreed to reduce the charge to a misdemeanor. Mitch's client was then sentenced by Livingston County Circuit Court Judge Michael Hatty to a fine with costs and restitution but with no probation and no jail time. He remains a free man, without a felony conviction on his record - and can now enjoy hunting season without any restrictions on his right to bear arms.
September 18, 2015 - FELONY DRUG CHARGE REDUCED TO MISDEMEANOR - Mitch's client was sentenced to probation with no jail time after the Oakland County Prosecutor dismissed a felony drug charge in exchange for pleading guilty to a misdemeanor drug charge before the Honorable Derek W. Meinecke in the 44th District Court in Royal Oak.
September 4, 2015 - HYTA PROBATION GRANTED FOR FELONY CAR THEFT CHARGE - Mitch's client was a 17 year charged with Receiving and Concealing Stolen Property - Motor Vehicle in Wayne County. Wayne County Circuit Court Judge Deborah Thomas granted Mitch's request and placed his client on HYTA (Holmes Youthful Trainee Act) probation with no jail time - if he successfully completes probation, Mitch's client will not have any conviction on his record for this charge.
September 1, 2015 - ARMED ROBBERY CHARGE REDUCED TO UNARMED ROBBERY AND SENTENCED TO PROBATION - Mitch's client was charged with Armed Robbery for allegedly pointing a gun at an employee of a fast food restaurant and demanding money. Once Mitch demanded a preliminary examination in the 17th District Court in Redford, the prosecutor offered a plea bargain to unarmed robbery. The maximum penalty for Armed Robbery is LIFE in prison and the maximum penalty for Unarmed Robbery is 15 years in prison. At sentencing, Wayne County Circuit Court Judge David Groner sentenced Mitch's client to probation with inpatient drug treatment and no additional jail time.
August 10, 2015 - DIVERSION GRANTED IN DOMESTIC VIOLENCE CASE - Mitch's client was charged with Domestic Violence in the 37th District Court in Warren. Mitch demanded a jury trial. On the day of the trial the Warren City Prosecutor agreed to a diversion program under MCL 769.4a which allowed Mitch's client to be placed on probation - and once probation is successfully completed he will not have a domestic violence conviction on his record. Mitch's client was not sentenced to any jail time.
August 3, 2015 - PROSECUTOR APPEAL DISMISSED - Mitch's client was previously sentenced to a prison sentence of 36 months to 15 years for unlawful imprisonment by Ottawa County Circuit Court Judge Jon Hulsing. The prosecutor appealed this sentence because the sentence was 14 months below the sentencing guidelines and because the sentence made Mitch's client eligible for MDOC boot camp and early release from prison. Mitch filed a claim of cross appeal and then persuaded the prosecutor to dismiss his appeal based upon the recent Michigan Supreme Court case of People v. Lockridge. The result of this dismissal allowed Mitch's client to remain eligible for the prison boot camp program.
June 11, 2015 - ASSUALT WITH INTENT TO MURDER CHARGES REDUCED - Mitch's client was charged with assault with intent to murder as a result of a street fight where she was armed with a knife and one of her accusers ended up in the hospital with a punctured lung. Mitch was able to persuade the Oakland County Prosecutor's Office to reduce the charges to a maximum prison term of 10 years for assault with intent to commit great bodily harm less than murder. His client was then sentenced by the Honorable Michael Warren to 40 months to 10 years in prison. If convicted as charged, she would have faced up to life in prison.
June 1, 2015 - NOT GUILTY VERDICT - CARRYING A CONCEALED WEAPON - Mitch's client was charged in Oakland County of CCW. The trial was held before Oakland Circuit Judge Nanci Grant. A jury deliberated for a little over an hour before finding Mitch's client not guilty of CCW. Mitch's client was facing up to 5 years in prison if he would have been convicted.
May 7, 2015 - ARMED ROBBERY CHARGES DISMISSED IN WAYNE COUNTY AFTER ALIBI DEFENSE REVEALED - Mitch's client was charged with armed robbery for allegedly robbing an elderly woman at knife point in her home. After reviewing the police report and hiring an investigator and reviewing all of the details of the case, Mitch put together an alibi defense that proved that his client was not the perpretator. The charges were dismissed before trial and Mitch's client was released from jail a free man.
May 1, 2015 - EMBEZZLEMENT CASE DISMISSED THROUGH WAYNE COUNTY'S DIVERSION PROGRAM - Mitch's client was charged with embezzlement between $1,000 and $20,000 for allegedly stealing money from her employer. Mitch successfully negotiated a resolution whereby his client would make monthly payments of restitution through the Wayne County diversion program. The case was taken off of the normal court docket and once the payments have been made, the case will be dismissed and the client will not have any criminal record.
April 15, 2015 - ARMED ROBBERY REDUCED TO HYTA ELIGIBLE OFFENSE THROUGH PLEA BARGAIN - Mitch's client was charged with armed robbery and felony firearm in Wayne County and was facing a sentence of up to life in prison. Mitch successfully worked out a plea bargain to one count of unarmed robbery under the Holmes Youthful Trainee Act (HYTA). This means that after 3 years in prison without any violations, Mitch's client will be released without any felony conviction on his record.
February 4, 2015 - RE-SENTENCING TO BOOT CAMP - Mitch's client had been sentenced to 3 to 20 years in prison for home invasion - first degree by Judge William Collette in Ingham County. Mitch took on the appeal and challenged the sentence guidelines. The prosecutor agreed to a re-sentencing after Mitch found an error in the scoring of Offense Variable 12. At the re-sentencing, Judge Collette re-sentenced Mitch's client to 2 to 20 years without objecting to boot camp. Mitch's client was released from his prison and placed into boot camp before his two year minimum sentence was completed and he successfully completed boot camp and was then released from prison on parole.