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A Wayne County jury had acquitted Mitch's client of armed robbery the day before but continued deliberating that day and into the next day until they found Mitch's client not guilty of assault with intent to murder and assault with intent to commit great bodily harm less than murder on the morning of December 12, 2013. The winning defense theory was self defense. If convicted of assault with intent to murder, Mitch's client was facing life in prison, and if convicted of assault with intent to commit great bodily harm less than murder, Mitch's client faced up to 15 years in prison. The Wayne County Prosecutor's best offer before trial was a sentence agreement of a minimum sentence of 24 1/2 years in prison.
After a jury trial in Wayne County Circuit Court before Judge Mark T. Slavens which started on December 3, 2013, Mitch's client was found not guilty by a Wayne County jury of armed robbery. If convicted of armed robbery, Mitch's client could have been sentenced to life in prison.
Mitch represented his client at a preliminary examination in the 50th District Court in Pontiac on a charge of assault with intent to murder (AWIM). After the prosecutor was finished presenting his witnesses, Mitch moved to dismiss the charges and argued that the prosecutor had not proven probable cause. 50th Circuit District Court Judge Cynthia Walker dismissed the charges. Mitch's client was facing up to life in prison if convicted of assault with intent to murder.
Mitch's client found NOT GUILTY of all counts by a Wayne County jury. He was facing 6 charges; assault with intent to murder, armed robbery, assault with intent to do great bodily harm less than murder, felonious assault, carrying a concealed weapon, and felony firearm. If convicted he could have been sentenced to life in prison.
A Wayne County jury found Mitch's client not guilty of assault with a dangerous weapon (felonious assault); a 4 year felony
Mitch's client as facing felony murder, first degree child abuse, and torture. After months of negotiation and on the eve of trial, Mitch negotiated a plea bargain with the Wayne County prosecutor's office to involuntary manslaughter with a 9 to 15 year sentence agreement for his client. If convicted as charged, Mitch's client would have had to serve the rest of her LIFE in prison without the possibility of parole.
Mitch's client was originally charged with armed robbery, a felony punishable by up to LIFE in prison in Wayne County Circuit Court. At the preliminary examination date at the 19th District Court in Dearborn, Mitch persuaded the assistant Wayne County prosecutor to reduce the charges from Armed Robbery to Home Invasion - First Degree.Mitch was then able to persuade the prosecutor to a further reduction to Home Invasion - Second Degree, a felony punishable by not more than 15 years in prison. At sentencing, Wayne County Circuit Court Judge Megan Maher Brennan agreed to sentence Mitch's client to only 1 year in prison under HYTA (the Holmes Youthful Trainee Act).This result will give Mitch's client the opportunity to continue with his life without a felony conviction if he successfully completes his prison term and probation. HYTA is a provision for youthful offenders (aged 17 to 20 years old on the date of the offense) that allows for certain offenses to be dismissed upon successful completion of probation. HYTA is available only at the sentencing judge's discretion, but is not available for certain offenses such as capital crimes, sex crimes, and traffic/drunk driving offenses. Armed Robbery is a capital crime, so Mitch's client would not have been eligible for HYTA if he wasn't granted the plea bargain to home invasion.
Mitch's client's ex-wife attempted to have a personal protection order entered against him. Mitch was able to persuade the ex-wife's attorney that her client's PPO petition was frivolous so the ex-wife decided to agree to dismiss her PPO petition
Mitch's client, originally charged in Oakland County with Home Invasion First Degree, a twenty year felony, was sentenced by a Clarkston judge to probation with no jail time, after pleading guilty to a reduced charge of misdemeanor aggravated assault.
W. B. was charged with Home Invasion - First Degree, a 20 year felony. He was facing a minimum prison term of 7 years. During trial, Mitch was able to negotiate a plea agreement where Mr. B would be able to be released from prison after serving only 26 months if he was granted parole. Mr. B., likely would have been acquitted of the Home Invasion charge, (after the trial several jurors agreed that they would not have convicted on home invasion) but decided to take the sure thing and plead guilty before the trial was over to a guaranteed lesser sentence, rather than risk a minimum prison term of 7 years. Mr. B now has his parole and is a free man.
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