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K. C. was charged with Breaking and Entering a Motor Vehicle. An Oakland County jury found Mr. C. not guilty. There was an eyewitness, an acquaintance of Mr. C., that saw him on the street very close to where the car was. This same eyewitness saw a person leaning inside the car. The defense theory was that the eyewitness was lying and not to be believed. The jury questioned the credibility of the eyewitness, and was persuaded that the prosecutor's burden of proof beyond a reasonable doubt was not met.
D. C. was charged with Home Invasion for allegedly breaking into a home in Pontiac and stealing a stereo system. The case was dismissed by an Oakland County Circuit Court judge on the day of trial because the prosecution was not prepared to go forward with their case. The police re-filed the charges, this time charging Mr. C. with the less serious felony charge of Larceny in a Building. The matter was set for preliminary examination. The key witness for the prosecution, rather than being subject to another day of cross examination, decided not to appear in court, and the case was dismissed.
W. S., an innocent man, was charged with Retail Fraud in Oakland County. He was accused of stealing prescription drugs from a local Rite Aid drug store without paying for them. He actually thought that the item was prepaid and innocently walked out of the store with the item. Rather than making a courtesy call, the store contacted the police and a criminal prosecution was initiated. After months of preparation for trial, and subpoenas sent for important corporate documents, the accusers chose not to appear for trial and the case was dismissed by the district judge in Novi.
S. W. was charged in Oakland County with writing three bad checks in 10 days, a felony punishable by up to two years in prison. It turned out that a friend of hers stole one of her checks and her balance was $500.00 lower than she thought it was, causing her to bounce several checks. Because she didn't rat out her friend to the police, the police charged her with a crime. During the preliminary examination, Mitch cross examined the police officer that interviewed Ms. W. The cross examination revealed that the police report was filled with false assumptions and exaggerations. The police officer was found to be jumping to conclusions, rather than simply reporting the facts. Knowing the case was falling apart, the prosecutor's office offered a plea bargain to a misdemeanor. The district court judge and the prosecutor were both pressuring Mitch to convince his client to take a misdemeanor, but Mitch steadfastly refused to sell out his innocent client. The prosecution threatened to re-write the complaint to Obtaining Money by False Pretenses, a more serious felony but Mitch called their bluff and the case was dismissed. Ms. W. walked out of court with no criminal record, free from fines, costs and probation, and the possibility of incarceration.
M. H. was charged with Larceny in a Building, a felony punishable by up to 4 years in prison, after stealing a camera from his friend's father. Mitch worked with the Oakland County Prosecutor's Office and Mr. H. was allowed to participate in the Oakland County Prosecutor's first offender program, a program designed for people without a criminal record to keep their record clear and free from criminal convictions, after completing a term of probation.
A judge in Farmington Hills dismissed a felony charge of Larceny in a Building against Mitch's client. The client was on parole and was facing a possible parole revocation if convicted of this charge. Now he is free to go home.
Y. C. was one of several bank employees that were asked to submit to a polygraph done by a police officer. She consulted with attorney Mitch Foster. Mitch told the police that she was not guilty, and would not submit to a polygraph. She was never charged with a crime, and didn't have to submit to a polygraph examination as was requested of her.
J. W., a mortgage loan officer and branch manager for a Southfield mortgage company, was charged with 4 counts of Felony Embezzlement. After a preliminary examination was held in the Southfield District Court, Mitch was able to reach a plea bargain agreement with the Oakland County Prosecutor's Office where all 4 counts were reduced to misdemeanors, keeping Ms. W free from a felony on her record, and allowing her to be put on misdemeanor probation, without being required to serve any jail time.
Mitch represented an honorably discharged U.S. Army veteran and negotiated a reduction of felony larceny in a building to a less serious misdemeanor larceny with probation, restitution, and no jail time. There is no longer any risk of a felony conviction in this case.
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.
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