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Multiple criminal charges do not always mean multiple criminal convictions!

August 29, 2014,

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Above image is an actual court disposition resulting in dismissal of multiple offenses.


This blog is based upon our experience representing clients that are charged with multiple criminal offenses. Multiple criminal offenses may be brought even when there is a single intent involved. When confronted with multiple criminal charges, our objective becomes one of untangling the mess, isolating what really occurred and attempting to get charges reduced or dropped.

In certain situations, a person may obtain multiple criminal charges arising out a single incident, single intent or criminal episode. An evening of alcohol consumption with friends, or the escalation of a domestic altercation, sometimes ends poorly. In other cases, multiple criminal charges may be the result of an over-zealous prosecutor or police agency seeking to hit an offender with every offense in the Michigan Penal Code. In our experience, multiple criminal charges arising out of a single incident is usually "over-kill" on the part of the prosecutor or cops and seldom results in multiple convictions when approached with a sound legal strategy.

Over Zealous Prosecution, Over-Charging

As I mentioned, multiple criminal charges may occur when a prosecutor is over zealous. Multiple charges give the prosecutor an unfair edge in the plea bargaining and jury process.

Plea bargaining: A prosecutor has leverage during the plea bargain stage of a criminal case when a defendant has multiple criminal charges arising out of the same conduct. In a multiple charge scenario, a defendant may not want to risk fighting multiple criminal charges at trial. The prosecutor may offer to dismiss some of the charges upon a defendant pleading guilty to 1 or 2 of the offenses in a multi-charged complaint.

Jury process: In addition, prosecutors have an advantage with juries in cases where multiple charges are pursued. The advantage is a psychological one where the jury feels that a defendant facing multiple criminal charges must have done something wrong to deserve it. Also, jurors may feel that they can satisfy both the prosecutor and defense by spitting the verdict and finding a defendant guilty of some of the charges while dismissing others.

Examples of Cases Involving Multiple Criminal Charges

Example #1: Our firm represented a spouse charged with domestic violence, preventing use of telecommunications equipment, disorderly conduct and resisting/obstructing the police. Our client tried to leave the residence because of a heated argument with his wife. His wife blocked the doorway and he pushed her aside to leave the residence. The police report said that our client attempted to grab the phone from his wife when she first tried to call the police during the argument. He then left the residence but returned shortly thereafter while the police were present. The report stated that our client was loud and uncooperative when he tried to give his side of the story to the police. Our client did not have any prior record and was hardly someone we would qualify as a trouble maker or violent person.

The above scenario (Example #1) is not uncommon. Improperly handled, the defendant may have wound up being convicted of several offenses (domestic violence, tampering with telecommunications equipment, disorderly conduct and resisting/obstructing police). That was not the case. Our job was to separate the wheat from the chaff. In other words, we were able to negotiate dismissal of several offenses (misdemeanors and felonies) which did not pertain to the underlying purpose of police intervention. The prosecutor and police both agreed that the person did not deserve multiple convictions. His wife was also helpful because she admitted that she was complicit and contributed to the physical contact when she obstructed her husband's mobility as he attempted to vacate the residence. The final outcome was a plea to the offense of disorderly conduct which was taken under advisement pursuant to MCL 771.1 by the court and dismissed after one (1) year of good behavior.

Example #2: Our client was pulled over for suspicion of drunk driving. He failed the field sobriety tests and tested positive for alcohol on the preliminary breath test (PBT). He was arrested. The police did an inventory of the vehicle and found a small quantity of marijuana and a "one-hitter" pipe. He had a suspended license because of an unpaid traffic ticket and did not have proof of insurance although the vehicle was insured. His charges consisted of drunk driving (OWI, .08% or greater), possession of marijuana, possession of narcotics paraphernalia, driving while license suspended and no proof of insurance.

In this scenario (Example #2), we were able to have the no proof of insurance offense dropped because our client produced valid insurance at the pretrial conference. The driving while license suspended offense was also dropped because our client provided proof that he paid the ticket which resulted in his license suspension. Our client agreed to plea to a reduced charge of "impaired driving" and the offense of possession of marijuana was taken under advisement pursuant to MCL 333.7411 which was dismissed upon good conduct after 1 year. The offense of possession of narcotics paraphernalia was also dropped at the pretrial conference.

We hope that this blog is useful to anyone facing multiple criminal charges. As I stated, a sound legal strategy and the ability to negotiate effectively can often lead to favorable results with minimal consequences. Knowing how to deal with the prosecutorial arm of government can mean getting a huge break without serious criminal convictions.

Links to other popular blog pages:

Pretrial conference

Domestic violence, Part 1

Domestic violence, Part 2

Domestic violence, Part 3

Should you cooperate (snitch) with the police?

Everything you wanted to know about drug paraphernalia

July 12, 2013,

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Possession or sale of drug paraphernalia is a criminal offense in Michigan. A person may be charged with the offense "possession of drug paraphernalia" even though there are no drugs or marijuana involved. Most items the law considers drug paraphernalia are harmless and not otherwise illegal. However, when the items are associated with past or present illegal drug use, criminal charges may be pursued.

Drug paraphernalia, or narcotics paraphernalia, is the umbrella label given to describe the equipment utilized for the purpose of using or dealing in controlled substances and marijuana. A marijuana pipe, a triple beam scale, needles and bongs are all considered drug paraphernalia.


In Michigan, the definition of drug paraphernalia is found at MCL 333.7451:

"Drug paraphernalia" means any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting; propagating; cultivating; growing; harvesting; manufacturing; compounding; converting; producing; processing; preparing; testing; analyzing; packaging; repackaging; storing; containing; concealing; injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance...

Defending Drug Paraphernalia Cases

In Michigan, possession of drug paraphernalia is a crime which is classified as a misdemeanor. In Michigan, misdemeanor cases are handled in the district courts; such as the 41-A District Court in Sterling Heights or the 41-B District Court in Clinton Township. A drug case involving possession of marijuana will have a second charge added whenever the police also find paraphernalia. The problem that we find is that many individuals do not take these charges seriously. Actually, many wind up just pleading guilty without knowing their options. Once a guilty plea is accepted by the court, a permanent criminal record is created, which contains the stigma of a "drug crime." Later, the individual realizes that this offense shows up on a public criminal record and must be disclosed as a conviction on applications for employment, education and state licenses.

Our Macomb County lawyers can assert various defenses to drug crimes as well as drug paraphernalia cases including:

  • Lack of identification with items claimed to be drug paraphernalia

In addition, our attorneys can advocate for a deal to have a drug paraphernalia charge dismissed after a period of probation pursuant to various provisions of Michigan laws. These provisions of law allow the court to take a case under advisement and grant a dismissal to an offender who proves himself or herself to the court. Youthful offenders, age 17 but under age 21, are eligible to have the matter dismissed without entering a judgment of conviction.


Drug Paraphernalia Charges May Support Other Charges Such as Possession of Controlled Substance When Residue is Present

In the war on drugs, our lawmakers have made it a crime to possess peripheral items, namely those items that are associated with used for the ingestion, sale or manufacture of drugs.

Possession of Controlled Substance: The police may seek additional controlled substance criminal charges for possession of a controlled substance whenever drug residue can be found within the paraphernalia or in the person's possession. Possession charges (cocaine, marijuana, heroin) can be supported even though miniscule particles of drugs are derived from the paraphernalia. For example, this occurs when the police can scrap marijuana or cocaine residue from a pipe or bowl. Possession of cocaine and heroin are charged as a felony, even when the quantity obtained is hardly measurable.

Maintaining a Drug House or Vehicle: This is just another possible charge when the police can obtain paraphernalia and other drugs from an individual. Click here for a link to our website page for information regarding maintaining a drug house or vehicle.

Cooperation or Snitching: In addition, the police may attempt to persuade someone caught with drug paraphernalia to engage in undercover drug deals.

We recommend that anyone facing criminal drug charges hire an experienced criminal defense attorney to discuss all possible options, defenses and alternative provisions of law which can lead to dismissal.


Should you cooperate with the police, aka snitch, when faced with possible drug crimes?

June 21, 2013,

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Cooperation, Undercover Drug Deals, Snitching: Using the little fish to get the big fish.

We have found that our clients charged with drug crimes experience a state of insecurity and despair when it comes to doing undercover work or cooperating with the police. This is something that is outside of the comfort zone for nearly everyone, especially the family members of our clients faced with this dilemma.

The classic predicament: Should a person engage in undercover drug deals or hire a lawyer for advice and face the criminal charges in the court system?
Whether someone charged with a drug crime should cooperate with the police to get a favorable deal is a delicate and controversial topic. It is necessary to obtain legal advice should anyone be charged with a drug crime and asked to cooperate. Consultation with a criminal defense attorney is crucial - time is of the essence.

We have successfully defended clients charged with drug crimes since our firm's inception without taking the precarious route of "cooperation" with the police. This is especially true for clients who do not have a prior criminal record, and those that are caught with a small quantity of drugs or marijuana.

Some Facts about Cooperation with the Police

  • There is no guarantee that you will avoid criminal charges when you cooperate with the police!
  • The police will not be able to guarantee your safety if you engage in undercover drug deals!
  • Cooperation with the police ends when the police say it ends!
  • Cooperation may mean engaging in drug deals that not only involve much higher quantities than you had in your possession, but may also include buying other types of drugs!

What is the Purpose of Cooperation?

The need for inside information is a dynamic law enforcement tool in the war on drugs. A minor drug offender who is used by the police to get the 'bigger fish' is justified on the grounds that drugs are a dirty business. This issue necessitates the need for undercover informants. The end result is another drug bust which nets the police additional sources to gain information. Should the drug bust bear fruit, others will be implicated, assets forfeited and prosecutions will occur.

Retain a Lawyer to Protect Your Rights and Discuss Your Options

When someone is arrested for a drug crime, the arresting agency will attempt to get a suspect to cooperate, or snitch. This is usually followed an offer of possible preferential treatment in the criminal justice system. Unfortunately, I hear from my clients far too often that they are told by the police that they do not need a lawyer in this scenario. This is absurd and dangerous. Whenever someone forgoes his or her 6th Amendment Constitutional right to a lawyer, he or she can wind up doing risky undercover drug deals without ever knowing all of the possible options. In addition, we found that police dictate the level of cooperation that is required. In other words, cooperation is not over until the police say it is over. This may mean that someone who is not faced with serious drug charges is coerced, or persuaded, to participate in risky undercover drug transactions without ever getting sound legal advice.

Here is what the police do not tell you:

  • Pursuant to the 6th Amendment of the US Constitutional, you have a right to an attorney.
  • Pursuant to the 5th Amendment of the US Constitution, you have a right to remain silent.
  • Your attorney can petition for deals to have your case dismissed pursuant to MCL 333.7411 or HYTA (Youthful Trainee Act), even if you do not cooperate with the police.
  • You may have defenses to the drug charges. For example, illegal searches and lack of actual possession.
  • You may not be facing jail.

We have made references to an excellent You Tube video, "Don't Talk to the Police", in other internet posts. We found the video to be extremely informative, as well as objective.

Cooperation in the Federal Court System

Federal criminal prosecutions are handled in a much more formal manner. In the Federal court system, the issue of cooperation is much different than what we see at the state court level. In the Federal system, special formalities and agreements exist. They involve both the District Attorney and at least one law enforcement agency; usually the Federal Bureau of Investigation (FBI) or the Drug Enforcement Agency (DEA). In the Federal arena, cooperation is prevalent and can be a factor to avoid a mandatory minimum sentence. The following language is contained within a Plea and Cooperation Agreement:

"If the defendant commits any crimes or if any of the defendant's statements or testimony prove to be knowingly false, misleading, or materially incomplete, or if the defendant otherwise violates this Plea and Cooperation Agreement in any way, the government will no longer be bound by its representations to the defendant concerning the limits on criminal prosecution and sentencing as set forth herein."

Don't do it alone. Our attorneys can help you determine the best course of action when it comes to dealing with your drug charges in the court system or the route of cooperating with the government. At times, cooperation with law enforcement may be a viable option. In the Federal system, it is routinely utilized in the plea bargaining and sentencing process. However, cooperation needs to be explored for each case on an individual basis by an experienced criminal defense attorney. Keep in mind that it is the client makes the ultimate decision whether to engage in cooperation or undercover operations with law enforcement officers. An attorney will look at the case from every angle, including the prospect of cooperation and whether drug charges can be fought and won. In addition, various Michigan statutes enable qualified offenders to obtain plea agreements for dismissals.


Most Prevalent Misdemeanor Crimes in Macomb County District Courts: Possession of Marijuana, Domestic Violence, Retail Fraud, Driving While License Suspended, Disorderly Conduct and Operating While Intoxicated

January 8, 2013,

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Our experience tells us that the most prevalent misdemeanor crimes which are prosecuted in the Macomb County District Courts by crime type are as follows:

Possession of Marijuana
Domestic Violence
Retail Fraud
Driving While License Suspended
Operating While Intoxicated
Disorderly Conduct

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A recent docket of cases in a Macomb County District Court

Fortunately, these common misdemeanors are manageable from the point of view of our criminal defense lawyers. Again, our experience is based upon handling 1000's of misdemeanor cases in all of the Macomb County District Courts.

When we refer to Macomb County District Courts, we are referring to:

37th District Court: Warren
38th District Court: Eastpointe
39th District Court: Roseville, Fraser
40th District Court: St. Clair Shores
41-A District Court: Sterling Heights
41-A District Court: Shelby Township, Macomb Township, City of Utica
42-1 District Court: Romeo
42-2 District Court: New Baltimore, Chesterfield Township

Specific Provisions of Michigan Laws to Obtain Dismissals of Domestic Violence and Possession of Marijuana and Non-Public Record

In Michigan, there are distinct provisions of law designated for the crimes of Possession of Marijuana and and Domestic Violence to obtain a dismissal and suppression of the public record without going to trial. Our blog pages and web site contain several references to these provisions of law which may be linked as follows:

Domestic Violence: Michigan Compiled Laws 769.4a
Possession of Marijuana: Michigan Compiled Laws 333.7411

Delayed Sentencing and Dismissal of Retail Fraud and Disorderly Conduct Cases (also can be used for other misdemeanors and felonies)

There is also a delayed sentence law which is found at MCL 771.1. This law is a general provision which can be used for any criminal offense. Basically, it allows the Judge to delay the sentence and fashion a result or disposition that the offender can earn after a period of probation. Our criminal defense lawyers have utilized this provision of law extensively for numerous misdemeanor offenses including the commonly charged offenses of Retail Fraud and Disorderly Conduct. There are certain formalities to gain the benefit of a dismissal pursuant to MCL 771.1. Our criminal defense attorneys negotiate a plea bargain for application of MCL 771.1 with the prosecutor for a delayed sentence at a pretrial conference with the component of a dismissal after a period of probation. The Judge has the final say regarding acceptance of the usage of MCL 771.1 and whether dismissal will be provided at a future delayed sentencing date. For information, click here for a link to the blog page which pertains to Retail Fraud charges.

Operating While Intoxicated and Driving While License Suspended

The use or operation of a motorized vehicle is an essential element of the misdemeanor crimes of Driving While License Suspended and Operating While Intoxicated. Possession of marijuana does not require the use of an automobile for the crime to occur. However, possession of marijuana cases often are the end result of a traffic stop after the police officer smells marijuana or obtains consent to search the vehicle or the occupant. We don't always agree with the police methods utilized to obtain consent to search which may involve subtle threats to get a search warrant or to call in the drug sniffing dogs.

Driving While License Suspended and Operating While Intoxicated do not fit neatly into a special provision of law which allows for outright dismissals after a period of probation and compliance. In my opinion, you can thank the insurance industry for legislation that does not allow an offender to obtain expungement of a traffic offense or traffic related crime such as Driving While License Suspended or Operating While Intoxicated. Nonetheless, we are often able to obtain reductions of both Driving While License Suspended and Operating While Intoxicated to minimize points, fines, driver responsibility fees, license sanctions and other sentencing consequences.


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