Case Results

Michigan Criminal and Drunk Driving Case Results
1000’s of Cases Reduced, Dismissed and Found Not Guilty

The ABDO LAW FIRM has an impressive successful record of representing clients charged with a crime or drunk driving in Macomb, Oakland and Wayne County courts. Our winning strategies have allowed us to obtain impressive results at different stages of a criminal case including pretrial conference, preliminary examination, motion hearings and trials.

This is just a sample of our criminal and drunk driving case victories:

37th District Court, Warren, Michigan
Embezzlement greater than $20,000.00

Our client had no defense to an embezzlement felony charge for misappropriating over $20,000.00 to her own use. The funds were embezzled from a sensitive organization and several individuals from the organization showed up at Court. Embezzlement of property from $20,000.00 to $50,000.00 is a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the money or property used or obtained or attempted to be used or obtained, whichever is greater, or both imprisonment and a fine. We were retained early in the investigation, cooperated with the detective and encouraged our client to make restitution before the first court date was scheduled. We were able to negotiate a plea bargain to a misdemeanor on behalf of our client and she was placed on 1 year probation with no jail and no felony record.

Romeo and Macomb County Circuit Court
Possession with Intent to Deliver and Actively Growing Plants (3 pounds of marijuana)

Our client faced a felony charge for possession of 3 pounds of marijuana with intent to deliver and a second charge for manufacturing marijuana because of active plants. Each felony offense carries up to 4 years in prison and consecutive sentencing which applies to drug convictions. There was a strong medical marijuana issue even though he possessed an amount in excess of the legal limits for a caregiver or patient. However, the prosecutor agreed to drop the 2 felonies in exchange for a guilty plea to a high court misdemeanor known as “maintaining a drug house”. Our client was protected from multiple felony convictions, plead to an offense that is classified as a misdemeanor and will be eligible for expungement if he keeps his record clean. Aside from a fine which was imposed, our client was not placed on probation, not required to be tested for marijuana and was not given any jail.

72nd District Court, Port Huron
Domestic Violence, Case Dismissed at Trial

A trial was held in a case where our client was charged with domestic violence. The victim did not want to proceed with the case but was called to testify and the police report contained some entries that were favorable to the defense. The case was dismissed based upon our theory that the accused was attempting to defend himself and control the victim who was hysterical. Case dismissed.

Macomb County Circuit Court
Drunk Driving Third Offense, Felony, With Habitual Offender Second Felony Notice

Our Client was charged with his 9th lifetime drunk driving and faced a potential prison term because of his prior criminal history and habitual offender status. This arrest occurred in 2014 and our client had a number of years of sobriety before this offense. Although the prosecutor would not reduce the charge, we entered into a “Cobbs” agreement with the Judge for a sentence not to exceed 30 days in the Macomb County Jail. Cobbs agreements are permitted pursuant to the case of People v Cobbs, 443 Michigan Supreme Court 276 (1993). A Cobbs agreement allows a Judge to make a sentence agreement with a Defendant in connection with a Defendant guilty plea or no-contest plea to an offense(s). If the Judge does not follow the agreement, the defendant is afforded an opportunity to withdraw his plea and proceed to trial. In this case the Judge followed the Cobbs agreement and sentenced our client to serve 30 days in jail followed by 180 days of home alcohol monitoring. The Judge was persuaded by our client’s compliance with the bond conditions, AA attendance and his renewed commitment to sobriety. Our client will serve 24 days in jail after credit for “good time” and 1 day credit on the day of his arrest.

Wayne County, Frank Murphy Hall of Justice
Embezzlement greater than $50,000.00

The result in this case (2014) was extraordinary as our firm was able to have the criminal case placed in “diversion” whereby it will be dismissed upon payment of restitution and compliance with any terms which are imposed by the diversion prosecutor. Diversion is a special status (usually reserved for first time offenders) which keeps the case outside of the criminal system. However, an offender that violates any diversionary condition is required to face the criminal charges. Diversion is not available in every county. When diversion is not applicable, other provisions of law may negotiated which can mean a dismissal when accepted by the prosecutor and the judge assigned to a case.

Macomb County Circuit Court
Criminal Sexual Conduct 3rd Degree
Romeo and Juliet: Offender not more than 4 years older than victim

Our client (age 19) faced 15 to 25 months in prison for having sex (penetration) with a minor (age 15). We filed an extensive sentence memorandum with character letters and achieved a triple victory: No jail, HYTA granted and not required to register as a sex offender (SORA). The case will be dismissed upon successful completion of probation and the record will be non-public of the proceedings.

41-A District Court, Shelby Township and 42-1 District Court, Romeo
Multiple Retail Fraud Third Degree Charges

Our client faced 2 retail fraud charges in the 41-A District Court (Shelby Township) and the 42-1 District Court (Romeo/Washington Township) in 2014. In both cases, a delayed sentence was negotiated with the prosecutor pursuant to MCL 771.1 for a dismissal at the end of 1 year. While this is something that we have done when someone has a single charge and no prior criminal record, it is rarely achieved when a person is faced with multiple charges. The Judges in both courts agreed to the disposition (delayed sentence with a dismissal) because our client’s conduct appeared to be isolated and impulsive at a difficult time in her life.

34th District Court, Romulus
Airport and TSA Violations, Weapon at Security Checkpoint

A weapon was found in our client’s carry-on bag at Metro-Airport as he was attempting to pass a security checkpoint. He was going on a hunting trip from Michigan to Wyoming. Our firm was able to have the serious TSA criminal offense reduced to a simple parking violation.

41-B District Court, Clinton Township
Drunk Driving Second Offense Reduced to Careless Driving

By avoiding a drunk driving second offense, our client saved her license and avoided jail and probation. This is a tough result to obtain but we worked hard to get a deviation in the plea bargaining process. Our client obtained numerous character letters and a private substance abuse evaluation. She also began a substance abuse counseling program soon after her arrest. We advocated her case on various levels including the possible loss of career opportunities as a medical doctor and potential immigration consequences.

Macomb Circuit Court
Second Probation Violation, Client Facing Prison and Losing HYTA Status

Our client obtained a drunk driving conviction in St. Clair Shores while on HYTA probation status in the Macomb County Circuit Court for 5 felony home invasion offenses. HYTA is a special sentencing status that means the offender was given the chance to get a dismissal of the criminal offenses because he was age 17 to 20 when the offenses occurred. The Judge was persuaded that our client was taking serious steps to deal with teenage alcoholism. This victory meant that our client retained his HYTA status and did not get any jail or additional probation imposed.

Macomb County Circuit Court
Appeal of DLAD Decision to the Macomb County Circuit Court
Full Restoration of License Granted

Michigan laws require revocation of driving privileges when someone is convicted of operating a vehicle while intoxicated causing a serious injury or death or upon being convicted of multiple drinking and driving offenses. A hearing may be held at the Driver’s License Appeal Division (DLAD) of the Secretary of State upon the expiration of the minimum revocation period. When the person loses their DLAD hearing, an appeal can be filed in the Circuit Court in the county where the person resides. Our client’s license was revoked for multiple drunk driving convictions. She presented an excellent case before the Driver License Appeal Division to obtain driving privileges. The hearing officer upheld her revocation status and she was not eligible for another appeal for 12 months. We appealed the decision to the Macomb County Circuit Court. The appeal was based upon numerous flaws in the hearing officer’s decision. We won the appeal and our client was granted FULL restoration of her license without the ignition interlock device.

United States Federal Court, Eastern District for the State of Michigan
Financial Device Fraud, 18 USC 1029: Our client had no prior criminal record. She had a position of trust and used customer credit cards for her own advantage. We negotiated to have the case placed in diversion and avoided a federal prosecution. Result: Diversion terminated, case dismissed.

41-B District Court, Clinton Township
Stalking: Our firm represented a client charged with stalking. Our aggressive defense included handwriting analysis and uncovering improper motives by the alleged victim. Result: Case dismissed. The victim was charged with filing a false police report.

Macomb County Circuit Court
Assault With Intent to Murder: The maximum penalty for this offense is life in prison. Our client hit another person on the head with the stock of a shotgun causing a cracked skull and numerous sutures. This was a night gathering with several witnesses. At trial, we asserted self-defense and produced witnesses who testified that the victim was loud, combative and lunged aggressively towards our client. Result: Not Guilty Verdict.

Macomb County Circuit Court
2 Counts of Possession With Intent to Deliver 10 Pounds and 8 Pounds of Marijuana: Our client was involved with large scale marijuana trafficking but was eligible for HYTA which the court agreed to accept. Result: Case dismissed after period of probation.

41-A District Court, Shelby Township
Operate Under the Influence: Case reduced to careless driving on date of trial. Result: Plea responsible to traffic ticket and avoid drunk driving conviction.

Montmorency County
Possession of Oxycodone, Analogues and Marijuana: Our client was charged with felony drug possession. The prosecutor agreed to dismiss 2 of the charges in exchange for a plea of guilty to 1 count with MCL 333.7411. Result: Case dismissed after period of probation.

40^th District Court, St. Clair Shores
Possession With Intent to Deliver 1 Pound of Marijuana: Even though a large quantity of marijuana was involved, we negotiated a dismissal of the felony charge in favor of misdemeanor possession of marijuana charge with MCL 333.7411. Result: Case dismissed after period of probation.

41-B District, Mt. Clemens
Armed Robbery (Maximum Penalty, Life in Prison): A preliminary examination was held. The witness was questioned about the police sketch of the defendant and agreed that there were discrepancies in identification. Result: Case dismissed.

42-2 District Court, New Baltimore
Domestic Violence: A trial was held because our client insisted that he was only trying to subdue and control his wife. We introduced photographs at trial showing scratch marks on our client’s chest. Result: Not Guilty Verdict.

42-2 District Court, New Baltimore
Criminal Sexual Conduct Third Degree: This offense can carry 15 years in prison and remains on the Michigan Sex Offender Registry for 25 years. A preliminary examination was held. The evidence indicated that the parties were playing strip poker during the evening. The alleged victim went to bed and in the morning said that the defendant got into bed with her and sexual intercourse while she was tired and falling asleep. The defendant denied using any force or coercion. The defense argued for dismissal after the preliminary examination, citing People v Patterson, 428 Mich 507 (1995). Result: Case dismissed.

40^th District Court, St. Clair Shores and Macomb County Circuit Court
Child Abuse Third Degree: A preliminary examination was held in the 40^th District Court and eye witnesses were called to testify on behalf of the defendant who was charged with abusing his nephew. The case was bound over to the Macomb County Circuit Court and a motion to quash the information was filed. The court agreed that there were no injuries, the defendant acted with the consent of the mother and discipline was reasonable under the circumstances. Result: Motion to Quash Granted, Case Dismissed.

41-A District Court, Shelby Township, Macomb County Circuit Court
Criminal Sexual Conduct Fourth Degree: A preliminary examination was held in the 41-A District Court and the case was bound over to the Macomb County Circuit Court. However, the preliminary examination hearing was so compelling that the prosecutor agreed to dismiss the case before trial.

50^th District Court, Pontiac
Assault With a Dangerous Weapon: This felony offense was dismissed and the defendant plead guilty to a misdemeanor pursuant to HYTA because he was under age 21. Result: Case dismissed after a period of probation.

52-4 District Court, Troy
Assault With a Dangerous Weapon: This felony offense had aggravating circumstances as the defendant chased someone on a bike with his car. The defendant hit the bike. Our client had a clean record and we presented an extensive background history to the prosecutor who agreed to reduce the charge to a misdemeanor. Result: No felony record, plea to misdemeanor with probation and offense may be expunged in 5 years.

41-A District Court, Sterling Heights
Domestic Violence: Our client was an elderly gentleman with no prior record. He and his girlfriend had reconciled and began counseling. Neither party wanted to give sensitive and embarrassing testimony in open court. Our office negotiated extensively with the prosecutor and police officer for an outright dismissal. Result: Case dismissed on trial date.

41-B District Court, Harrison Township
Possession With Intent to Deliver Ecstasy (20 Year Felony): Dismissal of serious felony and reduction to misdemeanor “use of ecstasy” at the district court with plea pursuant to MCL 333.7411. Result: Case dismissed after a period of probation.

41-B District, Clinton Township and Macomb County Circuit Court
Drunk Driving Felony with 5 Prior Drinking and Driving Convictions: The facts were against our client who had 5 prior drinking and driving convictions and a blood alcohol level of .16% and .17%. However, we negotiated a plea to a misdemeanor drunk driving. Result: No felony record, plea to misdemeanor, no jail.

41-A District Court, Sterling Heights
Receiving and Concealing Stolen Property, $1,000 to $20,000: This case involved possession of high end goods, including generators, which were allegedly stolen from a retail establishment. We negotiated a dismissal of this felony and our client plead guilty to a misdemeanor. The case was taken under advisement for 12 months. Result: Case dismissed after a period of probation.

41-B, Clinton Township
Assault With Deadly Weapon: Our client used a baseball bat in a felony assault case. We negotiated a dismissal of the felony and our client plead guilty to simple assault, a misdemeanor. The case was taken under advisement by the court for 12 months. Result: Case dismissed after a period of probation.

39^th District Court, Fraser
Operating While Impaired: On the trial date, the court accepted a plea under advisement with a reduction to improper lane use (civil infraction) and dismissal of impaired driving after a period of compliance. Result: Avoidance of a drinking and driving conviction.

Wayne County, Detroit
Unarmed Robbery: The issue in this case was one of identification of our client as the perpetrator. The victim’s ability to identify my client was attacked during cross examination. Result: Not Guilty Verdict.

38^th District Court, Eastpointe
Drunk Driving: Our client was found not guilty at trial of OWI when she testified that she was disoriented and dizzy because she did not have the benefit of her necessary prescription eyeglasses which fell onto the ground and broke when she exited the vehicle. The court was sympathetic because she was at a disadvantage and was asked to perform field sobriety tests in the darkness without her glasses. Result: Not Guilty Verdict.

38^th District Court, Eastpointe
2 Counts of Felony Embezzlement: At preliminary examination, the felony charges were reduced to a misdemeanor which the court agreed to take under advisement for 12 months. Result: Dismissed after a period of probation.

37^th District Court, Warren and Macomb County Circuit Court
2 Counts of Criminal Sexual Conduct First Degree, 2 Counts of Criminal Sexual Conduct Second Degree: Our client was facing life in prison upon conviction of criminal sexual conduct in the first degree. By holding every hearing and filing motions, the prosecutor agreed to dismiss all of the above offenses and the defendant plead guilty to a single offense of attempt criminal sexual conduct in the second degree. Result: Probation and avoidance of a long term in prison.

42-1 District Court, Romeo and Macomb County Circuit Court
Larceny From Motor Vehicle, Breaking and Entering Motor Vehicle, 4 Other Misdemeanors: Our client was under age 21 but involved in several criminal cases. We had 5 charges dismissed and our client plead guilty to 1 offense which the court agreed to sentence pursuant to HYTA. Result: Case dismissed after a period of probation.

Macomb County Circuit Court
Possession With Intent to Deliver Heroin and Possession With Intent to Deliver Cocaine: These cases which can carry 20 years in prison are not eligible for MCL 333.7411. We fought to have the original offenses reduced to “possession” with MCL 333.7411. Result: Case dismissed after period of probation.

41-A District Court, Sterling Heights
2 Counts of Criminal Sexual Conduct Fourth Degree: Plea bargain to dismiss one count and take another count under advisement for 11 months then dismiss upon compliance. Result: Case dismissed.

37^th District Court and Macomb County Circuit Court
Assault with Intent to Do Great Bodily Harm Less Than Murder: Reduced to a misdemeanor which was dismissed after 6 months of non-reporting probation. Result: Case dismissed.

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