Criminal Law

Notable Cases in 2013: Abdo Law Gets the Results

October 14, 2013 | Abdo Law Firm

Abdo Law Firm prides itself on empathy, understanding, personal service, and striving for the optimal resolution of all legal matters that we take on. We are entering our fourth year with Matthew as a partner, and are continuing to grow. We always looking to hone our skills and engage challenging issues. This year we have had hundreds of satisfied clients, each case is very important to our Firm. The ‘Notable Cases” series is intended to share with readers cases that had complex legal and factual questions. ‘Winning’ in law is not always black-and-white concept. In some cases, a win is helping a guilty client reach a best-case-scenario disposition of their case (reductions, keeping charges off their record, and reducing jail/minimizing probationary terms). In other instances, a win is a dismissal or NG verdict. With every new case, we sit with our clients and determine exactly how we can win and the best means of reaching that objective. Read below to learn more about some our Firm’s more demanding cases and the tactics we employed defending our clients.

Sterling Heights: Moving Violation Causing Death

In the summer of 2012, we were approached by a client who was being charged with Moving Violation Causing Death. The client was in a situation where a criminal misdemeanor would have cost her job, and moreover harsh severe license sanctions. The facts were as follows. The client was backing from her driveway when her car made contact with a bicyclist, the bicyclist died as a result. Nonetheless, our client maintained she was backing up slowly and never saw the bicyclist until she heard contact. There were no third-party eye witnesses and all of the evidence corroborated the client’s rendition of the facts. There was no exterior damage done to the car.

Federal Child Pornography Crackdown; Don’t Talk to the Police

August 21, 2013 | Abdo Law Firm

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Our law firm is seeing a wave of cases which involve the criminal offense “possession of child pornography” in both the State of Michigan and Federal Court system. The increase in child pornography arrests is related to the Federal child porn crackdown which involves several law enforcement agencies.

The Macomb Area Computer Enforcement (M.A.C.E.) is a unit of the Macomb County Sheriff Department which is dedicated to the investigation of computer crimes. This unit also cooperates with Federal authorities in the investigation and prosecution of child pornography cases.

How law enforcement operates to catch child porn offenders

The BIG Question: Am I Going to Jail? Sentencing in District Court

May 21, 2013 | Abdo Law Firm

This is the most frequent question that lawyers receive from their clients, “Am I going to jail?”

Most people being charged with a crime for the first time are not familiar with the justice system and do not know what to expect from their case. For the most part, first time misdemeanor offenders who are compliant with their bond conditions are not looking at serving time in jail. The exaggerated fear of jail is often what causes defendant to avoid legal obligations, skip court dates, evade law enforcement, and ironically is what lands them in jail. If you’re being charged with a misdemeanor and are scared and anxious, it is most likely more manageable than you think. This article gives an overview of whether or not a defendant should be anticipating jail time in their misdemeanor criminal case. Generalizations made here apply primarily to experience in Macomb County, though our office has found the following to be true throughout its practice in Metro Detroit.

An attorney cannot ethically guarantee a result in a criminal case. The bottom line is that nobody owns the judge. However, the reality, based upon our experience, is that jail is seldom imposed upon individuals convicted of misdemeanors in the District Courts.

There are numerous exceptions which will explained further below.
Unlike their Circuit Court counterparts, District Courts do not have sentencing guidelines. This gives District Court judges very broad discretion in fashioning sentences. This usually means that case strategy is best tailored to the individual policies of the specific judge that will be sentencing our office’s defendant. First time offenders, in just about all cases, are probably NOT looking at jail for the following offenses.

– Drunk driving
– Operating under the influence of drugs
– Retrial fraud
– Misdemeanor assault crimes/domestic violence
– Driving while license suspended
– Possession of marijuana/paraphernalia/use of marijuana
– Disorderly conduct
– Minor in possession/ open intoxicants
– Malicious destruction of property
– Traffic misdemeanors
– Misdemeanor theft/ fraud crimes

In just about all of the above circumstances the offender will be looking at a probationary term. Broadly speaking one year of probation should be anticipated. Sometimes the court will depart from that for the better or worse. Most of the Districts in Macomb impose one year probation for first offense misdemeanors. Some of the courts in Oakland County impose longer probation terms. Moreover, most first time offenders (excluding DUIs and traffic offenses) are eligible for some type of diversionary program that will keep their records clean. While jail is not necessarily on the table in most misdemeanor cases, it is our function to minimize the terms and conditions of probation.
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How Will a Criminal Charge Affect My Concealed Pistol License (CPL)?

May 6, 2013 | Abdo Law Firm

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At Abdo Law, we deal with many clients that maintain a Concealed Pistol License, or CPL, and the question always arises: will I lose my CPL if I’m charged or convicted of a crime? The answer is maybe, but Abdo Law’s dedicated attorneys will do everything in their power to guide clients through the process.

The State of Michigan sets guidelines for those wishing to obtain a CPL:

• Applicant must be at least 21 years of age;

• Be a citizen of the United States or an immigrant lawfully admitted into the United States (green card holders)

• Be a resident of the State of Michigan for at least 6 months prior to application
• Successfully complete a pistol safety training course
• The applicant may not be subject to involuntary hospitalization, an order finding legal incapacitation or a finding of not guilty by reason of insanity
• Not be subject to a conditional bond release that prohibits the purchase/use of firearms
• Not be subject of a personal protection order (PPO)

• Applicant has not been prohibited from having firearms in his/her possession, pursuant to MCL 750.224f

• Have no felony charge pending in Michigan, or any other jurisdiction
• Applicant was not dishonorably discharged from the United States Armed Forces
In addition to the above requirements, applicants for a CPL must prove to the State of Michigan that they have not been convicted of certain misdemeanors. Some convictions bar the applicant for 8 years and others bar the applicant for 3 years. Lists with examples of such crimes have been provided below.

A question that occasionally presents itself is whether a matter that was disposed of under HYTA, 7411, 769.4a, or 771.1 will affect a CPL license. It is my understanding is that a CPL typically will not be granted to individuals on probation, even with a deferral. These dispositions still show up on the back end of records systems for law enforcement. Moreover, my understanding is that while it is possible to get a CPL after a case disposed of with HYTA or 7411, it is less likely for a case concluded with 769.4a or 771.1. Before being granted the license, in Macomb County for example, you need to first sit before a board. Somebody who just got off probation, even with a 769.4a, may have trouble getting a CPL even though the case has been dismissed. Being that the charge tends to indicate violent behavior, it is my opinion such an individual will have more difficulty getting a CPL than someone with a 7411 deferral. Please be advised, this is just my opinion.

Nonetheless, if you believe your current or potential gun rights could be jeopardized you should engage counsel immediately. Deferrals, reductions, and dismissals could be helpful in reducing the time that you are ineligible for a CPL. On the following page we have provided crimes that make applicants ineligible for a CPL.
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Possible Felony Prosecution for Retail Fraud/Shoplifting Offenses Pursuant to Michigan’s New Organized Retail Crime Statute Effective March 31, 2013

April 1, 2013 | Abdo Law Firm

The crime of retail fraud or shoplifting is ordinarily charged not greater than a misdemeanor unless the value of the property involved is $1,000.00 or more.

Effective March 31, 2013, Michigan passed a law that will arm retail establishments and prosecutors with the ability to charge shoplifters with a felony regardless of the value of the property involved. The new law makes it a crime to engage in certain listed conduct which is now called Organized Retail Crime. Therefore, even if a person takes a pack of chewing gum, a felony charge can be supported if other circumstances are present!

The new offense, Organized retail crime, is a felony punishable by imprisonment for not more than 5 years or a fine of $5,000.00, or both.

Home Invasions on the Rise in Macomb County

March 20, 2013 | Abdo Law Firm

Our law firm has seen an increase in the number of clients that are charged with “home invasion” in Macomb County. A recent article in the Macomb Daily, Five arrested in home invasion spree, confirms the rise in activity which we have seen in relation to economic crimes such as home invasion, retail fraud, embezzlement, larceny and credit card fraud. According to the article, “We’ve been getting hit really hard with home invasions in the northern part of Macomb County,” Sheriff Anthony Wickersham said.

Home invasion, also referred to as burglary, is a crime which involves the breaking and entering of a dwelling. Pursuant to Michigan law, home invasions are broken down by the various factors including the intent and/or actions of the perpetrator.

Home invasion in the first degree: is a felony punishable by imprisonment for not more than 20 years or a fine of not more than $5,000.00, or both.

The 42-1 District Court in Romeo Posts 2013 Fines and Costs for Most Common Misdemeanor Offenses

March 4, 2013 | Abdo Law Firm

The 42-1 District Court in Romeo has jurisdiction over criminal misdemeanors which occur in Romeo, Washington Township, Armada, Bruce Township and Ray Township. Recently, the 42-1 District Court updated its range of possible fines and costs for the most common misdemeanor cases. This is very timely since our law firm recently posted a blog on the Most Prevalent Misdemeanor Crimes in Macomb County District Courts.

The 42-1 District Court approximate range of fines and costs:

OWI, Impaired Driving First Offense $1,200.00 to $1,700.00 OWI, Impaired Second Offense $1,700.00 to $2,500.00 Possession of Marijuana $700.00 to $1,000.00 Retail Fraud $400.00 to $700.00 Larceny $400.00 to $700.00 Driving While License Suspended $300.00 to $600.00 Domestic Violence, Assault & Battery $500.00 to $800.00 Minor In Possession of Alcohol $300.00 to $500.00 Open Intoxicants $300.00 to $500.00

Fraud 101: Getting Caught With Someone Else’s Money Can Get You Convicted of a Felony

February 18, 2013 | Abdo Law Firm

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In the course of the last two years there has been a noticeable increase of clients we take on because they have been charged with a fraud crime. Two things are notable about fraud clients, most have little to no criminal history and often do not realize that the charge is a felony. Felonies are always more concerning than misdemeanors because of their stiffer maximum sentences, the fact that it tracks through the Circuit Court/County probation department, can prohibit you from voting, can prohibit gun ownership, restrict your travel, make you ineligible for government assistance (IE welfare), make you ineligible for jury service, and if not a citizen will likely result in deportation. Moreover, many job applications specifically ask if prospective employees have been convicted of a felony. Even a misdemeanor fraud charge can be an awful Scarlet Letter to bear. Having to disclose that you have been in trouble for taking money that didn’t belong to you will negatively affect your ability to find work.

There is a wide range of conduct that can get somebody charged with a fraud crime. Some of these crimes are listed below. Just about anything involving the wrongful taking of somebody else’s money or credit/debit information qualifies as a felony. After the list we will outline defenses and how these cases often play out. These are very abbreviated descriptions of the offenses, for a more in depth discussion please click the links provided.

Financial transaction device: fraudulent use to withdraw or transfer funds: Using a credit card or debit card to withdraw somebody else’s money is a crime. Depending on the amount it can be a misdemeanor or a felony.

Felony Charges for Resisting or Obstructing and/or Fleeing and Eluding

February 5, 2013 | Abdo Law Firm

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Far too often when we are retained for a criminal case, domestic violence, assault crime or drunk driving, a client is also charged with one of the following Michigan felony cases:

Plea Bargain 101 – Frequently Asked Questions

November 23, 2012 | Abdo Law Firm

What is a plea bargain?

Simply stated, a plea is where a finding of guilt is made through an admission rather than by a judge or jury. Usually this means that in exchange for dismissed charges, reduced charges, a deferral, or for an offer of leniency the defendant explains the crime that they committed to the judge. When a plea is made the defendant gives up his or her right to have a trial and all the rights they would have at trial. This expedites the criminal justice process because it skips the trial portion and the case is fast-tracked for sentencing after the defendant admits to the charged conduct. It is a ‘bargain’ because the defendant must compromise by dispensing with his or her trial rights in exchange for a deal of some sort.

Why do plea bargains exist?

Plea bargains are commonplace in the United States and many would argue are necessary for the smooth operation of our justice system. Some 90% of cases are worked out through plea bargains. In addition to (most the time) benefiting defendants, they benefit the court and prosecution because trials are also costly and arduous for them. With most courts having full dockets, the system would come to a crawl if each case was resolved with a lengthy trial.

What are the most common types of plea bargains?

The most common type of plea arrangements are charge bargains, sentence bargains, sentence recommendations, and what is called a ‘Cobbs plea.’ A charge bargain, which is totally within the discretion of the prosecutor, is a bargain whereby a plea deal is offered in exchange for reduced or dismissed charges . Another type of plea is a sentence agreement. This is where the prosecutor conditions the plea on a term of sentence (for example the prosecutor may recommend a statute that keeps the charge off the defendant’s record). In this type of plea the defendant retains the right to withdraw his plea if the judge does not abide by the prosecutor’s agreement. Along the same vein are sentence recommendations. As we always explain to clients, recommendations are not binding on the judge. However, experience tells us that a judge will more likely than not go along with a prosecutor’s endorsement. Lastly, there are ‘Cobbs pleas’, given their name after the case People v. Cobbs. This is a bargained for sentence with the judge, if the judge exceeds that preliminarily agreed upon sentence the plea may be withdrawn.

What helps for negotiating a favorable plea deal?

Many factors play into negotiating a favorable plea deal. Oftentimes considerations include the defendant’s criminal history, personal background, and the prosecution’s evidence. A clean or limited criminal record always helps at the negotiating table. Similarly, factors such as steady employment, education, and a positive family background tend to be viewed as a encouraging. In terms of the case’s facts, presenting scant evidence of a crime or its elements to the prosecutor can also help in working an advantageous plea.

Doesn’t a plea mean the crime will go on my record?

We get this question a lot – the answer is not necessarily. Frequently, the entire purpose of taking a plea deal is because it is conditioned on some type of deferral (or a deal whereby the charge will be removed from the client’s record). These deferrals are discussed at length on our blog and website. For purposes of this blog it is sufficient to know the common deferrals are available for youthful offenders, domestic violence cases, drug cases, and MIPs . There is also a general deferral under the delayed sentence statute.
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