Articles Posted in Sentencing

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Part 1: Introduction to felony representation and considerations when hiring a lawyer if you are accused, charged or arrested for a felony (or any other criminal matter).

Part 2: Criminal investigations, plea bargaining and actual case results based upon local practices and our extensive experience handling criminal matters in the Macomb County courts.

Part 3: We explain the terminology and proceedings associated with the criminal process to better inform the public of this process and their rights. Our publications are based upon more than 35 years of experience handling criminal matters in every Metro-Detroit court (Macomb, Oakland, Wayne and St. Clair Counties).

Felony Representation Introduction

Our attorneys have handled OVER 10,000 criminal cases since 1980. Many of those cases qualified as felony offenses. Without a doubt, we know that being accused or charged with a felony can be a life changing event.

The Difference Between Misdemeanors and Felonies

In Michigan, and according to federal law, a felony is considered a crime of high seriousness punishable by imprisonment in excess of one (1) year up to life in prison. If punishable by exactly one year or less, it is classified as a misdemeanor. However, Michigan laws contain certain offenses which are known as “high court misdemeanors” that can carry up to two (2) years imprisonment. While a high court misdemeanor looks better than a felony, it is treated as a felony under federal law and has felony implications under state law.

Clients Charged with Felonies Rarely Fit the Profile of a “Felon” or Criminal

Misunderstandings, false accusations and unintended conduct can lead to serious felony charges. In addition, ignorance of law is not a defense in a criminal prosecution. For example, we have represented clients charged with felonies in all of the following scenarios:

  • Malicious Destruction: Key scratching a car where the victim alleges $1,000.00 or more in damage
  • Felony Drug Possession: Being in possession of drug residue or an innocent passenger in a vehicle where drugs are found.
  • Maintaining a Drug House: When drugs are found in your home or property that you long forgot about or that someone else left behind.
  • Uttering & Publishing: Preparing a check that does not belong to you even though the amount involved is nominal.
  • Receiving Stolen Property: Being an innocent stolen property.
  • Assault with a Deadly Weapon: Raising an object during an argument (assault with a deadly weapon)
  • Possession of Child Porn: Accidental or intentional downloading of inappropriate images (child port)
  • CSC 4th Degree: Touching someone who claims it was a sexual contact even though not intended to be (CSC 4th Degree)
  • Drunk Driving Felony: Being charged with Felony DUI because of 2 or more prior offenses that occurred in your lifetime, even 30 years ago
  • Fleeing and Eluding: Failing to stop when signaled by a police officer to do so.
  • Resisting and Obstructing: Resisting a lawful arrest or failing to comply with a demand by a law enforcement officer.
  • Strangulation: Engaging in a struggle with another and doing an act that “impedes normal breathing” can constitute a felony known as “Assault by Strangulation” punishable by up to 10 years in prison.

Any felony offense is a serious matter. However, most of our clients finding themselves charged with a felony do not fit the profile of a criminal and have not engaged in extreme or outrageous conduct. In fact, in our publication which covers the topic of Michigan’s most frequently charged felonies, we explain that marginal conduct, such as being in possession of drug residue which not capable of being used or measured, can result in serious felony charges that can lead to a conviction! If you find yourself in this predicament, do not waste time thinking that you can handle it yourself. Saying the wrong thing to a detective may put you in a worse position without you even knowing that you did so. Fortunately, a skilled criminal defense lawyer can manage most of the above mentioned matters where a felony does not go on your record, jail is not imposed and in some cases get the charge dismissed under special provisions of Michigan law (HYTA for youthful offenders age 17-23, MCL 333.7411 for first time possession of drugs, MCL 771.1 delayed sentence). Deals under these provisions can be limited based upon the age of the offender and/or the past criminal history of the offender. However, a past criminal history does not automatically rule out a favorble plea bargain in the criminal justice system. A consultation with an attorney is often necessary to find the right strategy for each person and each unique case.

Getting an Experienced Local Attorney is the Best Fit in Most Criminal Matters: Hiring a Lawyer Does Not Make You Look Guilty!!

Contrary to what the police might suggest to you if you are being accused of a crime; hiring a lawyer does not make you look guilty. Putting the shoe on the other foot, if a cop were facing criminal accusations, you can bet that he or she would “lawyer up” faster than the speed of light. 

An experienced criminal defense lawyer is able to explain the court proceedings and set realistic goals and provide a fairly accurate prediction regarding the outcome of the case. Getting a local attorney within the county where the offense occurred is a good start. Local attorneys with experience that know the courts, the prosecutors and the police are the best fit to give predictions regarding the outcome of a criminal case and answer questions such as:

  • Is jail a possibility?
  • Can a felony record be avoided?
  • Can the felony be reduced to a lower offense or misdemeanor?
  • What terms of probation is the judge likely to impose?
  • Will I have a criminal record?
  • Should I cooperate with the police (aka: snitch, act as an informant)?
  • Do I have to talk to the police if I am contacted by the police?
  • Do I have to take a polygraph (especially when it comes to sex crimes)?
  • How much will an attorney cost?
  • How bad is it for someone with a prior criminal record?
  • What can happen if there is a warrant for my arrest?
  • How much will bond cost?
  • What is involved if the case goes to trial?
  • Can the case be dismissed completely?

Cooperation, Police Interviews: Don’t be fooled into thinking that you have all of the answers to these questions because your best friend is taking a criminal justice class or because you have a friend that is  police officer. Each case and client is unique and the answers to these questions depend upon the individual circumstances involved. For example, we are generally against cooperation (becoming an informant) when a client is not comfortable doing undercover work or can otherwise get a good deal in the court system with an attorney standing up for his rights. An experienced criminal defense lawyer can also make recommendations regarding interviews with the police and polygraph examinations. Interviews with the police are a potential trap when one is not well prepared. In most cases, the police expect the accused party to deny the allegations.  The police will use the interview for other purposes such as: establish relationships, place the accused at the crime scene, establish motives and size up the accused’s credibility.

Some Tips When You Hire a Criminal Defense Lawyer

Hiring a lawyer is not something that anyone wants to do. WE KNOW that choosing a lawyer can be overwhelming and bewildering. Here are a few practical tips that can lead to a prudent decision in hiring a qualified lawyer:

  • Does the lawyer specialize in criminal law? I would say that this is the number 1 criteria in hiring a criminal lawyer. The legal profession has moved away from the days when attorneys held themselves out to the public as “general practitioners”.  An attorney that splits his time handling practice areas outside of criminal law is rarely a good fit. Specialties exist in every area of the law such as estate planning, family law real estate and personal injury. There are hundreds of laws on the books just in the area of drunk driving alone and several thousands more covering other major practice areas.
  • How do you know if the attorney is any good? This is a tough question to answer. I have had to hire lawyers three (3) times for various non-criminal situations. The process of hiring an attorney for me was not easy. So, I realize that the decision to hire one lawyer versus another is not quite that simple.  You may have a good recommendation for a lawyer which eliminates the arduous search process for an attorney. Fortunately, the internet has become a major resource of information, ratings and reviews  about lawyers if you do not have a recommendation.  If the lawyer is well represented on the internet (credible reviews, informative website, ratings by reputable services), or if you have a good impression after speaking to the lawyer or representatives of the law firm on the phone, you next should consider scheduling a first consultation to meet the lawyer face to face. Always ask if there is any fee for the first consultation. Most attorneys, including our firm, offer a free first consultation.
  • Are attorney ratings and reviews accurate? There is no easy answer to this question. Let me start out by saying that there are lousy attorneys that have excellent ratings and reviews and there are excellent attorneys with awful ratings and reviews. There are also attorneys that do not have an internet presence, do not seek reviews and just don’t want them for whatever reasons. Ratings and reviews need to be taken in stride. How do you really know if the reviews are from real clients are just harvested from the family and friends of the attorney? For example, you should be suspicious if an attorney has 100 reviews but is his fairly new to the business or has only been licensed for a short time.  The best thing to do is to read the reviews carefully. How far back do the reviews go? Are they consistent? Are they detailed or do they seem hyped or spurious? In addition to reviews, there are a number of organizations that provide ratings of attorneys. The oldest rating organization and most credible is Martindale Hubbell which has been in existence since 1868. The highest Martindale Hubbell rating is PREEMINENT, followed by DISTINGUISHED and then followed by NOTABLE. Other rating systems are utilized by AVVO and Yelp.
  • What if the attorney has had a grievance? Anyone can file an attorney grievance against an attorney. Criminal lawyers face the most grievances because of the nature of the business and because clients will find faults with the lawyer when the case does not go as planned. The State Bar does not take action for the vast majority of grievances filed.  However, the State Bar can take disciplinary action against an attorney for major violations, such as commission of a crime, or minor violations, such as failing to communicate with a client. An attorney with a history of grievances may not be a good fit. On the other hand, just because the State Bar has taken action against an attorney does not mean that the attorney is ineffective or unqualified. Like reviews and ratings, you will need to decide whether an attorney with a prior grievance should be avoided or considered for representation.
  • Do attorneys really give phone consultations? Yes, some attorneys, not all, will discuss your case on the telephone or provide internet “chat” discussions. Phone consultations can be a good starting place in the search for a lawyer.  However, there are limitations to the amount of time and advice that can be provided on the telephone or in chat discussion scenarios. Our firm offers phone consultations subject to time constraints and other realistic considerations. In our phone consultations, we like to obtain the most pressing information: Brief client history (drugs, marriage, employment, children), Nature of the charges, Court where the case will be heard, Prior lifetime record of the accused party, Name and phone number of the detective, Whether the accused party has posted bond or is in jail.
  • What should I expect at the first consultation?  The first meeting with an attorney is an excellent opportunity to get an initial impression about the attorney, the office and the staff. For complex criminal cases, there are limitations as to the extent of time and advice that can be dispensed at your first meeting. At the very least, your attorney should be able to cover any pressing matters (acting as an informant, making a statement to the police, forfeiture of assets, setting up an arraignment, quoting a fee, visiting the client in jail). Once hired, the attorney will order your police report and dig further into the underlying case which will facilitate preparation of a solid defense.  For routine matters, an attorney is likely able to provide a thorough analysis of the case from beginning to end with coverage of: the expected outcome, whether there will be a criminal record at the conclusion of the case, the likely terms of sentence (jail/probation), the approximate fines and costs and whether there is any chance of getting the matter dismissed, reduced or amended.
  • How much will it cost to hire a lawyer for criminal case? Lawyers have several ways that they charge for their services. We have adopted a fixed flat fee policy to handle just about every type of criminal, drunk driving and traffic case. The fixed flat fee arrangement means that an exact cost is charged for legal services thus eliminating the mystery associated with hourly rates and other vague fee agreements.  Hourly rates on the other hand can be intimidating especially when an attorney cannot give a prediction or estimate as to how much time/hours the entire case will entail. In addition, attorneys that bill on an hourly basis do so for every phone call, text message, email and while they are driving to court and waiting in courtroom for the case to be called. Attorney fees will also depend upon the prior criminal history of the client, the seriousness of the offense, the time and labor required, the novelty and difficulty of the questions involved, the skill requisite to perform the legal service properly, the likelihood that the acceptance of the particular employment will preclude other employment by the lawyer, the time limitations imposed by the client or by the circumstances and the experience, reputation, and ability of the lawyer or lawyers performing the services.
  • Who is responsible for out of pocket costs and expenses associated with my case? Sometimes it is necessary to employ outside resources/services to assist in the defense of a criminal case.  The costs or expenses that are paid to outside parties for their services are referred to as out of pocket costs. Out of pocket costs are always the responsibility of the client and all attorneys will seek reimbursement accordingly. The following are examples of out of pocket costs: employing a private investigator to obtain witness statements, forensic analysis of evidence, expert witnesses, private polygraph examination and extensive costs associated with discovery, copies and postage.
  • Should I get a court appointed lawyer? The Right to Counsel in criminal proceedings is guaranteed by the 6th Amendment to the United States Constitution. Should you be charged with a crime and unable to afford an attorney, the court will appoint an attorney to provide representation. Some attorneys are willing to accept court appointed cases. You do not get to choose your court appointed attorney. The court will select an attorney from a list or the matter will be referred to Macomb County Judicial Aide for handling.

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Part 1: Introduction to felony representation and considerations when hiring a lawyer if you are accused, charged or arrested for a felony (or any other criminal matter).

Part 2: Criminal investigations, plea bargaining and actual case results based upon local practices and our extensive experience handling criminal matters in the Macomb County courts.

Part 3: We explain the terminology and proceedings associated with the criminal process to better inform the public of this process and their rights. Our publications are based upon more than 35 years of experience handling criminal matters in every Metro-Detroit court (Macomb, Oakland, Wayne and St. Clair Counties).

The outcome of a felony is dependent upon a number of variables. The local practices of the prosecutor and the judge are a few of those variables. For example, our criminal caseload is comprised of matters (misdemeanors and felonies) which arise in the Metro-Detroit (Macomb, Oakland, Wayne and St. Clair) with the majority of cases in the following Macomb County courts:

Macomb County District Courts:

  • 37th District: (Warren, Centerline) 8300 Common Rd, Warren, MI 48093
  • 38th District: (Eastpointe) 16101 E 9 Mile Rd, Eastpointe, MI 48021
  • 39th District: (Roseville, Fraser) 29733 Gratiot Ave, Roseville, MI 48066
  • 40th District: (St. Clair Shores) 27701 Jefferson Ave, St Clair Shores, MI 48081
  • 41-A District: (Sterling Heights) 40111 Dodge Park Road, Sterling Heights, MI 48313
  • 41-A District: (Shelby Township, Macomb Township, Utica) 51660 Van Dyke, Shelby Charter Township, MI 48316
  • 41-B District: (Harrison Township, Clinton Township, Mt. Clemens) 22380 Starks Drive, Clinton Township, MI 48038
  • 42-1 District: (Romeo, Washington Township, Richmond, Ray, Bruce, Armada)  14713 33 Mile, Romeo, MI 48065
  • 42-2 District: (New Baltimore, Chesterfield Township, Lenox, New Haven) 35071 23 Mile Rd, New Baltimore, MI 48047

Almost anyone charged with a felony is mostly concerned about their criminal record and the possibility of jail time. First of all, let me say that a felony conviction does not automatically mean jail time. In fact, most felony crimes can be managed where the person will be placed on probation and not placed in jail. This is especially true for offenders who do not have any prior criminal record. There is even hope for those with a prior criminal history to get plea bargains and avoid jail. In addition, we have had a high success rate in getting felony cases resolved where there is no felony record by getting the charges reduced to misdemeanors or dismissed under special provisions of Michigan laws.

Felony Procedure: Cases begin with an investigation

An investigation may be instituted with the police which later results in a felony warrant. A warrant may be issued without you knowing it or you may be arrested for a crime that is reported or witnessed by the police. If you are being accused of crime or the subject of an investigation, GET A LAWYER. An arrest on the other hand is not usually planned so having a lawyer at the moment you are arrested is not probable. However, GETTING A LAWYER as soon as you are able to do so is essential.

Plea Bargaining: Good or bad?

Plea bargaining (negotiating a plea agreement) is a process that occurs in criminal cases between the defense attorney and the prosecutor whereby an agreement is made to amend/lower/dismiss the charges.   The defense attorney’s goal in plea bargaining is to get the charges lowered as much as possible and for leniency in the court system.

Plea bargaining can occur during a criminal investigation, or at any time after criminal charges are instituted in the court system. It can also occur during trial proceedings or at any time before a jury returns a verdict.

Not just in Michigan, but in every court in the United States, resolution of criminal cases is dominated by plea bargaining. The United States Justice Department estimates that 90% or more of all criminal cases are resolved by plea bargaining. Based upon our experience, this holds true for the criminal cases that are handled in the Macomb County courts.

So is plea bargaining good or bad? For the most part, plea bargaining has many advantages that can lead to a favorable disposition of a criminal case and avoid exposure to a guilty verdict at trial on the original charges. Plea bargaining can depend on the policy of the prosecutor and the effectiveness and skill of a well prepared criminal defense lawyer that knows the system. Plea bargaining can be used as vital defense tool at any stage of the criminal proceedings to:

  • Obtain sentencing under a special provision of law where a dismissal is eventually granted.
  • Avoid a felony conviction by reducing a felony a misdemeanor.
  • Have multiple charges dismissed or consolidated into  single charge.
  • Get a felony lowered to escape sentencing under higher felony sentence guidelines.
  • Obtain an agreement that other possible criminal investigations will not result in prosecution.
  • Avoid a crime that results in loss of driver’s license.
  • Avoid conviction to a crime that carries a mandatory jail sentence.
  • Avoid conviction to a crime that requires Sex Offender Registration.
  • Retain rights to own or possess firearms by avoiding a felony conviction.

Here are some examples of cases that our firm has handled that resulted in a favorable plea bargain or a dismissal in the early stage of criminal proceedings:

  • Sterling Heights/Embezzlement: Our client had authority to handle her friend’s financial affairs. The friend died and his family members were seeking criminal charges against her for larceny and/or embezzlement as a trustee. However, our firm spoke with the detective regarding her relationship and explained that she had authority to pay bills and have access to the finances of her friend. Criminal charges were not filed.
  • Roseville/False Pretenses: A landlord contacted our office about a possible criminal charge of “false pretenses” being investigated by the Macomb County Prosecutor’s Office. Apparently, the landlord took a deposit on a rental property but rented out the property to another person. Although there were many misunderstandings in this case, our recommendation to our client was to provide a total refund of the deposit to avoid a felony charge, legal fees and potential guilty verdict. Criminal charges were not filed.
  • Shelby Township/Home Invasion: An exceptional result was achieved for our client who was charged with home invasion in the 41-A District Court. Since this case involved a victim of a crime, our client needed to show appropriate remorse. In addition, we were able to make full restitution to the victim for before the Court date. The felony charge was reduced to a misdemeanor which will be dismissed if our client stays out of trouble for one (1) year.
  • Clinton Township/Felony Drunk Driving: Our client was charged with felony drunk driving (3rd offense). In 2010, we were able to reduce the drunk driving felony, which could carry a maximum of 5 years in prison, to a misdemeanor offense in the 41-B District Court with no jail. The Court was impressed with the fact that our client was proactive by attending a substance abuse counseling program and several AA meetings.
  • Clinton Township/CSC 4th Degree: Our client admitted to inappropriate touching of a female friend. He made a confession to the police (without a lawyer) which resulted in criminal charges. He told the police that he thought he had consent from the victim. Our firm held the preliminary examination and introduced evidence which persuaded the prosecutor to reduce the sex crime to simple misdemeanor assault and battery before trial.
  • Macomb Juvenile/False Threat of Terrorism: We have handled several cases involving false threats of terrorism. In 2018, we were able to have 2 of our cases handled on the “consent calendar” which will result in a dismissal and NO record after a period of probation. In getting the prosecutor’s approval, we submitted numerous character letters beforehand. We also had our clients obtain a psychological evaluation to rule out any propensity for violent or predatory conduct.
  • Warren/Resisting Police: In 2011, our client was charged with resisting and obstructing after he consumed various drugs and was confronted by the police. On the date of the preliminary examination in the 37th District Court, we negotiated a reduction of the felony to a misdemeanor, attempt fleeing and eluding. The court agreed to delay the sentence and dismiss the offense if the person complies with the terms of his probation which include random drug testing.
  • St. Clair Shores/Tampering with Evidence: Our client was a precious metals dealer who was charged with tampering with evidence, a felony which can carry up to 4 years in prison. The prosecutor’s case, along with our possible defenses, had some weakness. We eventually negotiated a misdemeanor plea in the 40th District Court with no probation; thereby meeting our client’s goal to avoid a felony conviction.

Plea bargaining is not without its critics and flaws. Those that are impoverished or cannot afford trial are especially vulnerable to accepting a plea bargain. In addition, plea bargaining favors the prosecutor in cases where the prosecutor engages in overcharging and offers to dismiss charges in exchange for a guilty plea to others. Similarly, prosecutors may threaten to raise the charge to one that carries a higher penalty should a defendant not enter into  a plea bargain. Unfortunately, we have seen all of these abuses occur in the criminal justice system. But for the most part, plea bargaining remains an excellent tool in the arsenal of defense attorneys that know how to utilize the process in favor of their clients. Continue Reading

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A recent storyline on the Shotime series ‘Shameless‘ has focused on the show’s protagonist being charged with a crime for the first time. Fiona Gallagher, Shameless’ lead played brilliantly by Emmy Rossum, is charged with narcotic possession and child endangerment when a child in her care accidentally ingests drugs at her home. In my opinion, the portrayal of the indignities she suffers and choices she is faced with are for the most part realistic depictions of a first time offender’s interaction with the criminal justice system. I think this storyline is laudable, because it is an aspect of the law often overlooked in popular culture (TV shows and movies tend to focus on corporate legal proceedings and capital crimes it seems).

When Fiona is arrested, she is brought to jail awaiting her arraignment. Shameless unflinchingly outlines the discomfort and invasion of privacy one endures in jail. Something I hear almost every day in my office is ‘One night was enough, I will never go back.’ The arraignment is shown next, accurately so as well. Fiona is unable to retain counsel so her bond ends up being set high. Bond, for those who don’t know is an insurance policy that you will return to court for future dates. I’ve found that people who retain counsel have a better shot at getting a reasonable bond, even where they are charged with a felony.

Fiona then struggles with her public defender. While the public defender seems very well versed in nuances of Fiona’s charge, she’s spread thin. This can certainly happen in real life. Public defenders can get very large caseloads that they have to stay competent on and split their time between. There are a lot of capable public defenders, much like Fiona’s, but access to them can be a real issue as shown in Shameless.

JUSTICE.gifAbdo 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.

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What does it mean to provide cooperation, snitch or be an informant for the police?

Cooperation, using the little fish to get the big fish, is a major law enforcement tactic utilized everywhere and every day in the United States to gain information that would otherwise be next to impossible to obtain. This practice is also used extensively in the County of Macomb as a means to frustrate illegal drug activity.

The concept of “cooperation” with the police (also called “snitching” or “acting as an informant”) occurs when the police utilize an informant to obtain the information that would otherwise be difficult to discover.  Those asked to provide cooperation are usually in trouble with the law (busted for a drug crime) and are promised consideration in the legal system in return for providing assistance. Assistance is expected to be substantial and typically involves undercover work with narcotics agents or special units.  The informant may later be required to testify as a witness in subsequent court proceedings unless given protection as a confidential informant (CI).

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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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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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Court-Gavel.jpg 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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abdo law firm.bmpThe Abdo Law Firm, established more than 30 years ago, prides itself on personal service, professionalism, empathy, and most importantly RESULTS. The purpose of this blog is to share some notable success stories that our office has had since Matthew Abdo has joined the Firm. In all of our cases, hundreds a year, we fight to get charges reduced or dismissed and we always push to eliminate or minimize jail time. Though all of our cases are important to us, beneath are some where we feel we achieved exemplary outcomes.

Charge: Home Invasion 3rd Degree / Malicious Destruction of Property Max. Jail: 5 years Court: 41-A District, Shelby

In this instance, Cy was able to negotiate a resolution whereby the original charges were dismissed in lieu of a plea to Entering Without Permission. This is a notable result not only because a 5 year felony was reduced to a misdemeanor and the client did not have to serve any jail time, but because he will eligible to have this off his record after successful completion of probation.

42nd-District-Court-Division-1-Romeo-Lawyer-Attorney-2.jpgThe objective of this blog post is to give readers an idea of what to anticipate if they are being charged with misdemeanor retail fraud in Romeo‘s District Court (42nd District – Division 1). Though our blog and website cover retail fraud extensively, the crime of retail fraud is the purposeful taking (or attempting to take) of an item from a store without the intent of paying for it. Concealing an item with the goal of not paying for it constitutes this type of theft even if you are apprehended before you leave the store.

Since the development of the 26 Mile corridor in Washington Twp., on the border of Shelby, our office has seen an increase of retail fraud calls originating from that area. Specifically, our office is frequently retained on retail fraud charges that occur at the Meijer located at 26 Mile Road and Van Dyke. A retail fraud allegation is one that should be taken very seriously. A conviction on one’s permanent record indicating dishonesty can be particularly damaging for those applying for school or a job. However, where defendants retain experienced counsel they can typically keep this charge off their record and avoid being incarcerated.

Normally, a retail fraud proceeding that doesn’t go to trial can be resolved in Romeo’s District Court in 3 appearances; an arraignment, a pretrial, and a sentencing. One advantage of retaining counsel is that it will typically cancel out an arraignment date. Beyond allowing clients to avoid taking time off work, this also has favorable legal repercussions. Most notably, going to an arraignment unrepresented can result in an unfavorable resolution of the case or additional terms being added to the bond. If you are arraigned without an attorney it is ALWAYS advised you plead not guilty.

The goal in such a case is always to protect the client’s record. This can be accomplished either through a HYTA (for youthful offenders) or 771.1(first time offenders) plea. Most of the time, the case will take two appearances from our office, a pretrial and a sentencing. It is our experience that the presiding Judge, The Honorable Denis LeDuc, really takes time to understand the defendant’s background. To that end, he encourages family members to join the defendant at the podium. Further, before sentencing, it is often required that defendants be screened. A screening is an interview with the probation office to learn more about the defendant’s background. Often they are seeking to determine underlying drinking problems, substance abuse issues, and/or mental health complications.

The case concludes with a sentencing, where we have found that clients, so long as they are cooperative during proceedings, are very likely NOT looking at jail. A typical sentence in this Court for a retail fraud charge is going to be about a year of probation. Depending on the circumstances it may be reporting or non-reporting, possibly with testing and counseling where the facts warrant it. If a deferral has been offered (which as we stated it usually is for first time or youthful offenders) there will be no conviction after successful completion of a probationary term.
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