2013 Notable Victories!

Updated 06/19/14

The Attorneys and staff at Neil Rockind, P.C. are currently working on nearly 100 on-going cases, however, below is our list of outstanding victories from 2013. Please note, this list is in no way meant to be exhaustive; these are simply our honorable mentions.

2013

December 2013 – Livonia, MI – Our client was attempting to get her license back for the first time approximately 2 years after having lost it due to two OWI’s within 7 years. Anybody who has been through the process before knows that it is VERY hard to get your license back the first time that you apply. However, having us by your side makes things much easier. After the hearing, our client was granted her license back and she is now driving again!

December 2013 – Detroit, MI – Our client was charged with several felonies, including Possession of nearly 200 grams of Cocaine and felony firearm. He was facing 8-10 years in prison if convicted. The trial took approximately 3 days, and after 2 hours of deliberation, the Jury returned a verdict of NOT GUILTY ON ALL COUNTS! Check out the blog post here: http://neilrockindpcblog.com/2014/03/12/not-guilty-of-drug-and-weapons-charges/

November 2013 – Macomb, MI – Our client was charged with Deliver/Manufacture of Marijuana after his house was raided and he was caught with way too much marijuana (much more than his medical marijuana cards allowed him to possess.) His first lawyer waived his examination and told him up at the circuit court that there was nothing he could do for him. We got involved, filed a bunch of motions, and subsequently received an offer from the prosecutor’s office DISMISSING THE FELONY AND ALLOWING HIM TO PLEAD TO A MISDEMEANOR WITH NON-REPORTING PROBATION!

November 2013 – Novi, MI – ANOTHER DISMISSAL AT THE PRELIMINARY EXAMINATION! In this case our client was charged with several felonies for allegedly stealing several sets of tires from cars sitting in dealership lots. However, the police employed several illegal investigation strategies during their investigation and we called them out on it. Not only did the police illegally place a tracking device on our client’s car, they also illegally pulled him over, and illegally searched his vehicle. Neil Rockind held the preliminary examination and the district court judge agreed that the case ought to be dismissed after the evidence was properly suppressed. Interestingly enough, this is one of the only cases that the Oakland County Prosecutor’s Office HAS NOT APPEALED!

November 2013 – St. Clair Shores, MI – Our client was charged with Manufacture of Marijuana and Possession of a Firearm During a Felony (which requires a 2-year mandatory minimum sentence.) Eventually we convinced the prosecutor’s office to dismiss the felony firearm charge and agree to a sentence of straight probation!

November 2013 – Novi, MI – Our client had a warrant out in front of a very tough judge and he had been on the run from the law for 5 years. He hired us to walk him into the court and get him sentenced. Neil walked him in, got the warrant cancelled, and WALKED HIM OUT OF COURT WITH NO JAIL AND NO MORE PROBATION! This is what we do…

November 2013 – Brighton, MI – Our client, a medical marijuana patient, was charged with illegal transportation of marijuana and possession of marijuana after he failed to present his medical marijuana card to the officer after being pulled over. It only took one court appearance for us to get BOTH CHARGES DISMISSED!

October 2013 – Bloomfield Hills, MI – Our client was charged with Possession of Prescription Medication (w/o a prescription) and Operating While Intoxicated. We filed several motions challenging the stop of his vehicle and the arrest of his person. Eventually we convinced the prosecutor to allow him to plead one (1) count of Possession of Analogues under 7411 (the under advisement statute) with a sentence of only 6 months probation. After the 6 months, the charge will be DISMISSED!

**September 2013 – Farmington Hills, MI – We are putting an asterisk on this case because of the circumstances, but we felt it deserved a mention. Our client hired our firm and a civil litigation firm that specializes in arson cases to defend him against a charge of Arson – which is a 20 year felony. There were nearly a thousand pages of discovery and pictures and we worked the case up for the preliminary examination for months. We were confident that we were going to be able to prove, through fire science at the examination, that our client had not burned his own $3,000,000 house down. Unfortunately a tragedy occurred and our client was accidentally killed inside his own apartment building during the preparation phase of the preliminary examination. We helped his family through their loss as best we could – but essentially our work ended when he passed. Regarding the case, our co-counsel firm told us that they had never seen anyone work up a case to that extent simply for a preliminary examination. We were so prepared for that examination that we could have tried the case the next day. Needless to say, the case was dismissed. We are the premier Arson Defense Firm in Michigan. If you are accused or charged with Arson, please call us to find out how we can help you. 

September 2013 – Troy, MI – Client, an immigrant from India, was charged with several felonies for allegedly selling pirated software. However, our client has also been defrauded, as he had received the software from what he believed to be a legitimate source. After many months of litigation, we came to an agreement with the prosecution whereby all of the FELONIES were DISMISSED and our client pled guilty to misdemeanors. Primarily, this plea was reached in order to prevent our client from being deported. We also convinced the judge to allow him to serve NON-REPORTING PROBATION!

August 2013 – Lapeer, MI – MEDICAL MARIJUANA DISMISSAL! We specialize in medical marijuana cases. Any time we file an appearance in a medical marijuana case, the prosecutor knows they are in for a fight. In this case our client was charged with Possession of Marijuana for allegedly failing to properly lock up her marijuana within her vehicle. One appearance and the CASE WAS DISMISSED COMPLETELY!

August 2013 – Westland, MI – Client was charged with assault and battery of a minor after he pushed an 11 year old child to the ground. However, the reason for the conduct is important: He first witnessed his 6 year old son go into a porta-potty at a baseball field and then he witnessed the 11 year old victim approach the porta-potty and rock it back and forth until it had nearly tipped over. At that point our client sprinted up to the porta-potty and the 11 year old wouldn’t stop, so he pushed him out of the way in order to stop him from tipping over the porta-potty completely. His son is now afraid to use the porta-potties. We explained all of this to the prosecutor, and out of compassion she convinced the victim’s family to agree to a DISMISSAL of the Assault and Battery and a plea to Disturbing the Peace.

August 2013 – Novi, MI – Our client, who owns a bar and restaurant was charged with a violation of the liquor control act after one of his waitresses allegedly failed to card a customer. However, we were able to prove that someone else had purchased the underage customer the drink. Armed with this information, we convinced the State to dismiss the violation. In addition, we were able to secure our client a permit to serve alcohol at a local festival – despite the existence of the violation.

July 2013 – Clinton Township – Our client was charged with a felony violation of the controlled substances act for being in possession of and selling prescription medication. While that case was on-going, she was caught for a second time selling prescription medication and she was charged in a second case – thus violating her bond in the first case. Her sentencing guidelines included jail. However, we handled the case perfectly and she walked away with a probationary sentence and an agreement from the judge that if she stayed out of trouble, that the felonies would be DISMISSED from her record!

July 2013 – West Bloomfield, MINO CHARGES! This case was without a doubt one of the most satisfying victories Neil Rockind, P.C. has EVER had. This woman came to us at the very worst time in her life. She was the secretary for a condominium association. She had been on the board for years. Unfortunately, every year she took on more and more responsibility, while other members of the board took on less and less. Eventually, she was handling all matters that arose within the association. For example: She was the primary contact for all residents whenever there were problems (leaky pipes, flooding basements, etc); she was coordinating all repairs for the roads, the fountains in the ponds, and all of the lawn care around the entire complex. It was a 60-70 hour per week job – yet she wasn’t being compensated. Eventually she went to the management company (the company that was supposed to be handling all of these matters) and complained and threatened to quit. In response the management company offered to pay her for her services. She accepted and they began paying her. However, at some point, another member of the board found at that she was being paid and when he asked the management company about it – fearing that they would be in trouble for paying her without the board’s say-so – the management company denied that they had agreed to pay her. Essentially, the management company accused her of stealing, or mishandling, association funds. The police were called and an investigation took place. We were retained and after several weeks, several phone calls, a polygraph test, and many conversations, we eventually convinced the assigned prosecutor that she had done nothing wrong. Against the will of the board, the prosecutor’s office decided NOT TO FILE ANY CRIMINAL CHARGES!

July 2013 – New Baltimore, MI – A past client of ours came to us for help after committing his second violation of probation. He feared that he would be sent to jail and would lose his job. We stepped in and the outcome was an additional 3 months of probation – NO JAIL TIME!

June 2013 – Detroit, MI – Our client was charged with OWI 1st offense. His main consideration was the amount of probation he was going to have to do. We told him that we would get him the absolute minimum that was possible, and that’s exactly what we did: We convinced the judge to sentence him to 3 months non-reporting probation.

June 2013 – Pontiac, MI – Our client was charged with OWI 3rd offense – which is a felony that requires a minimum of 30 days in jail. Not only did we convince the judge to give him the absolute minimum sentence (30 days), we also convinced her to allow him to serve the 30 days AT THE END of his 2-year probationary sentence. Currently, the law does not allow a judge to give a 3rd offense drunk driver work release. Our hope is that in the next 2 years this law changes and when our client eventually has to serve his sentence, that he will be able to be out on work release. This kind of thinking is what sets us apart from your typical, everyday lawyers.

June 2013 – York Township, MI – Client was originally charged with Operating While Intoxicated. However, his Datamaster test came back at a .19 BAC and the prosecutor wanted to increase the charge to Operating While Intoxicated with a High BAC. It took a few court appearances, but eventually the prosecutor came around and agreed to allow him to plead to Operating While Visibly Impaired – the lowest drunk driving charge – despite his extremely high BAC. In addition, we convinced the Judge to place him on only 6 months of non-reporting probation!

May 2013 – St. Clair Shores, MIDISMISSAL OF ALL CHARGES! Our client was charged with two (2) counts of False Pretenses – one (1) felony and one (1) misdemeanor – for allegedly trying to swindle an insurance company by turning an odometer back in a lease vehicle. Our client adamantly denied the accusation. It took a lot of work, but ultimately we convinced the prosecutor that he had not turned back the odometer and the CASE WAS DISMISSED!

May 2013 – Southfield, MI – Our client was at home with his three (3) dogs when a member of Comcast stopped by to do some maintenance on the cable lines. The cable guy was inside and outside the house for several minutes, and ultimately left without any problems. Several days later, a member of Southfield Police stopped by his home and issued him a Misdemeanor citation for his dog, which had allegedly bitten the Comcast employee – despite the facts that our client had never seen his dog bite anyone and that the Comcast employee had never said anything to him about being bitten. We appeared at the pre-trial and, over the objection of the Comcast employee, we convinced the City Attorney to DISMISS THE MISDEMEANOR in exchange for a plea of responsible to a civil infraction for failure to license a dog!

May 2013 – Pontiac, MI – During a medical marijuana case (that we were not a part of), the prosecutor accused a certifying doctor of breaking the law – specifically of issuing fake medical marijuana certifications. The lead attorney on the case called us and asked us to represent the doctor against these baseless accusations. After we got involved, the prosecutor backed down and the doctor was NOT CHARGED WITH A CRIME.

May 2013 – Troy, MICOMPLETE DISMISSAL OF A FELONY CHARGE! Our client was charged with one (1) count of Possession with Intent to Distribute Marijuana after he was pulled over and found with nearly two (2) pounds of medical marijuana. First, we filed a motion to suppress all of his statements made to the officer in charge on the basis that he was in custody and had not been read his Miranda rights. The Judge agreed and suppressed all of his statements. Then, we filed a motion arguing that absent the statements, the officer had no right to arrest him or search his vehicle. The Judge again agreed with us and suppressed all of the evidence seized from within his vehicle. CASE DISMISSED IN THE DISTRICT COURT!

May 2013 – Mt. Clemens, MI – This was one of the toughest cases we’ve had in a long time. Our client, who had several past felonies on his record (including a 20 year felony for planting a bomb) was accused of conspiring with a doctor to issue fake medical marijuana certifications and of selling marijuana to an undercover police office, among other medical marijuana violations. He was a lot of years in prison. After filing several motions and briefs and holding several hearings, the prosecutor’s office finally agreed to a sentence which would not require ANY incarceration. Ultimately, our client was SENTENCED TO 18 MONTHS OF PROBATION.

April 2013 – Birmingham, MI and Garden City, MI – Our client was looking at an OWI 2nd in 48th District Court and a potential OWI 3rd in the 21st District Court. After a lot of maneuvering and strategizing, we were able to secure a 10-day jail sentence in the 48th District Court (which is unheard of) and a CONCURRENT SENTENCE in Garden City. In other words, two (2) separate OWI’s, including one in the worst OWI court in the country, and our client did a total of 10 days in jail!

April 2013 – New Baltimore, MI – Our client’s wife took out a personal protection order against him based upon a number of false allegations. We held a hearing and the Judge agreed that the allegations were untrue. PPO DISMISSED!

March 2013 – Rochester Hills, MI – NOT GUILTY AT TRIAL!!! Our client was charged with drunk driving in Rochester Hills – which is one of the toughest sentencing courts in Michigan with regard to drunk driving. However, we had video evidence that it was actually our client’s cousin who was driving the vehicle while intoxicated. Our client had been persuaded by her cousin to switch seats immediately after they were pulled over, due to the fact that her cousin was on probation and didn’t want to go to jail for a violation of her probation. The city attorney refused to believe that they had switched seats. Fortunately, THE JURY BELIEVED THAT THEY SWITCHED SEATS AND ACQUITTED OUR CLIENT OF ALL WRONG DOING!!!

March 2013 – New Baltimore, MINOT GUILTY AT TRIAL!!! Our client was accused by his wife of Domestic Violence. His wife was angry that he wanted a divorce and that he would most likely get full-custody of their children. In retaliation, she got into an argument with him and called 911 to report that he had “pushed her into a wall.” Our client talked to the police and adamantly denied having pushed his wife. We pushed for a reduction, but his wife wanted him convicted so that she could ensure that she would get custody of the children. We took the case to trial and got a VERDICT OF NOT GUILTY!!!

March 2013 – Bloomfield Hills, MI – Our client was charged with a violation of his restricted license in the 48th District Court. Anyone familiar with the 48th District Court knows that alcohol related charges carry very severe penalties. Due to the fact that our client was on a restricted license because of an alcohol related driving offense, we feared a harsh sentence if he was convicted of the violation. However, after discussing the matter with the City Attorney, we convinced him to DISMISS THE MISDEMEANOR VIOLATION and allow our client to plead to DOUBLE PARKING

March 2013 – Berkley, MI – Our client was charged with Car-jacking – which is a life offense. His sentencing guidelines began at two (2) years in prison. His family retained our firm because the client had advanced kidney disease and they wanted to ensure that he would spend as little time incarcerated as possible. Ultimately, we convinced all parties involved that a sentence of 11 months in the county jail was sufficient. The Judge agreed and gave him 11 months TIME SERVED.

February 2013 – Clarkston, MI – Our client was charged with Manufacture of Marijuana and Felony Firearm after he was caught growing too much medical marijuana and was in possession of a handgun. We held several hearings and eventually convinced the prosecutor’s office to DISMISS the felony firearm charge. Ultimately, our client was placed on ONE YEAR OF PROBATION.

February 2013 – Mt. Clemens, MI – After the police performed a heat search of our client’s warehouse, they raided the building and found nearly ONE THOUSAND (1,000) marijuana plants! Our client was charged with several felony counts of Manufacture of Marijuana. After extensive discussions with the Macomb County Prosecutor’s Office we came to an agreement whereby ALL FELONY COUNTS WERE DISMISSED and our client had to plead to ONE MISDEMEANOR COUNT of Maintaining a Drug House. Additionally, he was sentenced to PROBATION!

February 2013 – Wyandotte, MI – Client was charged with Disorderly Person and Assault and Battery after he got into a fight with a bar-tender and a bouncer at a local bar. After a lengthy conversation with the City Attorney, our client plead UNDER ADVISEMENT to Disturbing the Peace and was sentenced to 3 months of NON-REPORTING probation. 3 months later – the charge was DISMISSED!

February 2013 – Ann Arbor, MI and South Lyon, MI – We represented an individual that was arrested for the sale of medical marijuana to an undercover officer. In addition, when the police searched his house in Ann Arbor they found several guns and way more marijuana than he was allowed to possess. After working on the two cases for months, we convinced the prosecutors office in Ann Arbor to drop all felony charges in exchange for his plea to one count of possession of marijuana – a misdemeanor – and an agreement to NO PROBATION. Additionally, despite the fact that the Oakland County Prosecutor’s Office wanted our client incarcerated, we were able to achieve a probationary sentence for the illegal Distribution charge. Our client did no time in jail and walked away relatively unscathed – even though he had sold marijuana to a cop and was looking at several counts of felony firearm.

February 2013 – Waterford, MI***AMAZING MEDICAL MARIJUANA RESULT*** – Nearly 2 years prior we were hired to represent an individual who owned a building that was raided by the Oakland County Narcotics Enforcement Team. During that raid the police found approximately 50 medical marijuana plants and nearly 7 pounds of medical marijuana. After years of hearings, testimony, investigation, and hundreds of pages of briefs, wherein we convinced the Judge that the Officer In Charge had lied numerous times (in search warrant affidavits and on the record, i.e. perjury) THE CASE WAS COMPLETELY DISMISSED! This remains one of our most satisfying medical marijuana results.

January 2013 – Mt. Clemens, MI – Client was convicted of a serious felony approximately 8 years ago and wanted to get it expunged from his record, but feared that the crime was serious enough that the Judge wouldn’t permit the expungement. Neil Rockind, P.C. filed the expungement, appeared at the hearing and ultimately CONVINCED THE JUDGE TO GRANT THE EXPUNGEMENT!

January 2013 – Monroe, MI – Client was being investigated by a police department for several violations of the Medical Marijuana Act. After Neil Rockind, P.C. got involved, the investigation was DROPPED!

January 2013 – Livonia, MI – Client was charged with Possession of Marijuana after the police found over an ounce of marijuana sitting on the center console in her vehicle during a routine traffic stop. Following an extensive discussion with the prosecutor and the Judge, the Court agreed to allow her to plead guilty under 7411 – despite a prior conviction – and agreed to let her perform her 6 months of probation through the mail so that she could move to another state!

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