Over the past week Attorney Neil Rockind has achieved two dismissals at the preliminary examination level! For those who don’t know, when someone is charged with a felony, they first start their case at the district court level. At that level, the person has the option to hold a preliminary examination. At that examination, the prosecutor must show (1) that a crime was committed, and (2) that the person charged is more likely than not the person who committed the crime. If the prosecutor fails to meet these two burdens, then the case is dismissed. However, if the prosecutor does meet the two burdens, then the case is “bound over” to the next higher court – the circuit court. It’s tough to tell, but generally speaking, about 90-98% of cases are bound over to the circuit court level. In other words, a dismissal at the preliminary examination is a very tough thing for a criminal defense attorney to achieve.
But not for Neil Rockind.
In the past week our firm held 2 preliminary examinations. In the first, our client was charged with 2 felony counts: resisting and obstructing a police officer and assault with a dangerous weapon (felonious assault), to-wit: a 2×4 piece of wood. After Neil Rockind’s deadly cross-examination of the police officer and 2 other witnesses, the Judge outright dismissed the case, claiming that “no crime had been committed.”
In the second case, our client was charged with 1 felony count of possession of heroin. To make matters worse, she is currently on probation out of the Macomb County Circuit Court (with an early release scheduled.) We could not allow her to be bound over to Circuit Court and thereby violate her probation, so Neil Rockind went toe-to-toe with the Oakland County Prosecutor’s Office. After a grueling 2 hour exam, the prosecution conceded that they could not prove that the substance found near our client was actually heroin and the Judge dismissed the case! To add insult to injury (for the prosecutor), the Judge dismissed the case “with prejudice,” meaning that the prosecutors office is barred from bringing future charges!
2 Cases. 2 Preliminary Exams. 2 Dismissals. 1 week! It doesn’t get any better.
Colin A. Daniels.
Neil Rockind, P.C. is extremely experienced in handling criminal cases of all types, especially weapons offenses and drug offenses. If you or a loved one is faced with a criminal charge or an investigation by any policing agency regarding resisting/obstructing, a weapons offense, or any drug offense, please contact Neil Rockind, P.C. at firstname.lastname@example.org or call our office directly at 248-208-3800.