2014 Notable Victories!

Updated 11/26/14

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 2014. Please note, this list is in no way meant to be exhaustive; these are simply our honorable mentions.

2014

November 2014 – Rochester Hills, MI – We were retained to represent an individual regarding an alleged fleeing and alluding police. Our client adamantly denied the allegations, and told us that he was absolutely not the gentleman driving the vehicle. The prosecution subpoena’d several civilian witnesses for the preliminary examination. None of these witnesses showed up and the State could not present any evidence tending to show that our client was the person that had fled from the police. At Neil Rockind’s request, the Court had no choice but to DISMISS THE CASE!

November 2014 – Sterling Heights, MI – Our client was charged with possession of narcotics after the police searched his vehicle. Despite the fact that he told the police that he had valid prescriptions for the medication, he was charged with several felonies. It took Neil Rockind one court appearance to get the CASE DISMISSED!

October 2014 – Ann Arbor, MI – Our client was charged with Open Intoxication after being arrested leaving a house party in downtown Ann Arbor. All it took was one court appearance and the city attorney agreed to DISMISS THE CASE!

October 2014 – Rochester Hills, MI – Our client was charged with a violation of his probation after he was accused of driving his vehicle in violation of a court-ordered driver’s license suspension. However, we ordered the sentencing transcript and discovered that the sentencing judge had never informed him that his license was suspended by the court. Further, he had never received any notice from the Secretary of State that his license was in fact suspended. Neil Rockind held a hearing and cross-examined our client’s probation officer – who attempted to argue that our client had been informed by probation that his driver’s license was suspended. However, the probation officer admitted that she had not informed him and admitted that she couldn’t identify the person that had allegedly informed him. The result: DISMISSAL OF THE VIOLATION! More importantly, Neil successfully argued that our client should have been granted 7411 at his sentencing and the court had erred in failing to do so. In response, the judge RETROACTIVELY GAVE OUR CLIENT 7411! 

October 2014 – Adrian, MI – We were retained to represent a gentleman who had supposedly sold marijuana to an undercover informant. However, the police didn’t actually witness any alleged drug transactions, our client adamantly denied the claim, and the informant was a heroin addict who was absolutely unreliable. The case was eventually set for trial and at the last pre-trial the prosecution admitted that they didn’t have enough evidence to proceed and DISMISSED THE ENTIRE CASE!  

October 2014 – Clarkston, MI – Our client was charged with a felony – Possession of K2 (this is one of the first people that we have defended charged with this crime, as it is relatively new in the State of Michigan.) We appeared at the pre-trial in the matter and convinced the Prosecutor to allow him to plead to one misdemeanor count of Possession of Synthetic Marijuana – a MISDEMEANOR, UNDER HYTA! At the end of a short period of probation our client will NOT have a criminal conviction!

October 2014 – Birmingham, MI – Our client was charged with Domestic Violence after his wife made a false report to the police in order to help herself in their custody dispute. After several pre-trials, the city attorney agreed to DISMISS the case prior to trial! Getting a Domestic Violence case dismissed prior to trial is extremely rare in Michigan, and our client was extremely relieved to find out that he wouldn’t have to battle in family court for partial custody of his children.

October 2014 – Troy, MI – Our client was charged with a violation of his probation after he repeatedly tested positive for ETG, which is a byproduct of alcohol. We did weeks of research, spoke to several experts, and Neil appeared in Court ready to hold a hearing regarding the allegations. Following the hearing, the Judge agreed that the probation department and the city attorney’s office had not proved that our client had ever consumed alcohol in violation of his bond. VIOLATION DISMISSED!

October 2014 – Troy, MI – Our client, the owner and operator of a massage facility, was charged with allowing employees to dress inappropriately while at work. [S]he retained another attorney who was not able to work out any kind of agreement with the city attorney. We were eventually retained to substitute out that attorney and after we were retained, we filed several motions. Prior to the motion hearing, the city attorney agreed to DISMISS, if our client agreed to pay a small fine. Another win for NRPC!

September 2014 – Wayne County, MI – We made the decision to represent a young individual who was accused by his school of threatening another student with a knife. The school was intent on expelling him and bringing him up on criminal charges. Despite an alleged confession, we knew that we could save this young man from being expelled from school. We retained several experts and had him undergo a polygraph examination (which he passed). Neil Rockind appeared at the expulsion hearing at the school and after several hours of testimony and the presentation of several key pieces of evidence, THE SCHOOL AGREED NOT TO EXPEL HIM and instead decided to simply suspend him for a couple of weeks. Neil firmly believes that this result is one of the best he’s ever achieved – given the gravity of the situation and given the alleged confession by the young man. This result was nothing short of amazing and we look forward to helping young individuals in similar circumstances in the future.

August 2014 – Bloomfield Hills, MI – Neil Rockind is on an amazing NOT GUILTY roll at trials. In this case our client was charged with OWI, but the police couldn’t actually prove that he was driving. They tried though! They tried to insist he was driving, that they knew he was driving, that it couldn’t have been anyone else driving – but in the end the JURY decided that the State had not proven it’s case. After 2 days, the JURY returned a verdict of NOT GUILTY of OWI! Our client walked out of court an INNOCENT PERSON.

August 2014 – Redford, MI – Our client was charged with a felony for Possessing with an Intent to Distribute nearly 40 POUNDS of Marijuana. We stepped in, got his case up the circuit court, and got him a mere 8 MONTHS OF NON-REPORTING PROBATION!

August 2014 – Detroit, MI – All cases are unique and no case is easy, but every so often lawyers have to defend cases that are “unwinable” – in the sense that the People’s case is virtually airtight. We were retained by a family to represent a young man (22 years old) who was caught red-handed engaging in armed robbery with his girlfriend (meaning they were caught in the act and held until the police arrived.) Armed robbery is a potential life offense and our client was incredibly afraid that he would spend the rest of his life in prison. To make matters worse, his girlfriend was a minor – although she was the one who was actually in possession of the weapon and was actually the one robbing people (our client was simply driving her around in his car.) After several intense negotiations with the prosecutor’s office, we managed to convince them to drop all of the Armed Robbery counts and all of the Conspiracy counts in exchange for his plea of NO CONTEST to one count of Unarmed Robbery. He received a sentence of 2 years in prison (as opposed to the 10+ years that he was originally facing). The facts in this case were very bad, yet our client will be free before his 25th birthday.

June 2014 – Clarkston, MI – Our client’s brother retained our firm to represent him after he had been involved in an accident and woke up in the hospital the next day with severe frostbite. Apparently, after the accident, our client had stumbled off into the woods and lost consciousness. The police were called but couldn’t find him. He eventually work up and called his brother who took him to a hospital. The Michigan State Police Trooper assigned to the case suspected that alcohol had played a part in the accident and was threatening to charge with him several misdemeanors, including OWI. However, after discussions with him, he agreed not to charge him with OWI and to only charge him with leaving the scene of an accident. Eventually we showed up in Court and the Prosecutor agreed to allow him to plead guilty to ONE CIVIL INFRACTION!

June 2014 – Redford, MI – Our client was charged in Redford with one count of OWI, despite the fact that the police had no drawn his blood and had not breathalyzed him. In other words, the People had no way to prove that he was actually intoxicated. It took several court appearances, but eventually we were able to convince the City Attorney to allow him to plead guilty to a simple CARELESS DRIVING and the OWI WAS DISMISSED!

June 2014 – Detroit, MI – Our Client was charged with numerous felonies, including Unlawful Imprisonment, several Weapons Offenses, Felony Firearm, Felon in Possession, Assault with a Dangerous Weapon, Domestic Violence and Habitual Offender – Fourth Offense in Wayne County. Neil Rockind was retained to represent him a mere 24 hours before trial. Neil and Mitch Ribitwer ended up trying the case together and Neil tore apart the prosecution’s witnesses. Through cross-examination, Neil showed the fact-finder how the alleged victim had cooked up a crazy story with her neighbor in order to convict our client. Our client was FOUND NOT GUILTY OF ALL FELONY COUNTS following the multi-day trial! Who else but Neil Rockind…

June 2014 – Oakland County, MI – We were retained to represent a young man who was accused of conspiring with a couple of other men to assault a man with baseball bats in the middle of the night. The case was brutal and the facts were terrible. However, our client, despite having less culpability than his co-defendant’s (and no past history of violence), was looking at 20 years in prison – because he had refused to cooperate with the police. Originally he was charged with Assault with Intent to Murder. However, after we got involved, we got the charge reduced to Assault with Great Bodily Harm. More importantly, Neil Rockind wrote an incredibly compelling sentencing memorandum and the Judge agreed to give our client the absolute bottom end of the sentencing guildelines (which was about 4 years in prison). Considering what he was facing when we got involved, we pulled a miracle out of a hat. His family could not have been more surprised and thankful. This is what we do.

June 2014 – Rochester Hills, MI – Our client was charged with Possession of Dangerous Drugs, a felony, after he was pulled over in Rochester Hills. At the preliminary examination, Neil Rockind argued that the police officer had illegally searched a pocket on our client’s jacket – which is where the drugs were found. The Judge agreed and DISMISSED THE CASE! This was a shocking result given the court we were in…

June 2014 – Troy, MI – Another medical marijuana case. This time our client was originally stopped on I-75 and then the officer, after speaking to our client, instructed him to drive another 4 miles to an off-ramp and to park in a parking lot. The officer then searched his vehicle, found 1 gram of marijuana, and charged our client with Possession of Marijuana and Driving Under the Influence of Marijuana. Despite the fact that our client’s medical marijuana card was technically expired, we managed to convinced the City Attorney that he was a legitimate medical marijuana patient and to DISMISS BOTH COUNTS! This is why we are THE BEST MEDICAL MARIJUANA DEFENSE FIRM IN MICHIGAN!

May 2014 – Romeo, MI – Our client was charged with Driving While License Suspended and Improper Transportation of Medical Marijuana. He was stopped for a seatbelt violation and was found to be driving without a valid license and he didn’t have all of his marijuana locked up in a lockbox in the trunk. It took 3 court appearances, but we were finally able to meet with a prosecutor who was willing to work with us and he agreed to DISMISS BOTH COUNTS in exchange for a plea to one count of No Operator’s License on Person!

May 2014 – Oakland County, MI – Yet another medical marijuana case. Our client was charged with Possession with Intent to Distribute Marijuana after the police raided his home and found 6 pounds of marijuana. We filed many motions, but the prosecutor’s office was persistent and we eventually ended up in trial. The trial lasted a week and at the conclusion the Jury was hung – they couldn’t come to an agreement regarding whether or not our client had actually violated the Medical Marijuana Act – despite the 6 pounds of marijuana! The case ended in a MISTRIAL!

May 2014 – Wayne/Macomb/Oakland/Washtenaw Counties, MI – Our client was charged, along with several other people, with running a Criminal Enterprise in 4 different counties – a 20 year felony. We prepared him from the get-go to be ready to serve at least 5 years in prison – as he and several others were caught running a fairly large marijuana distribution ring in Southeastern Michigan. We had many conversations with the AG’s office and the Wayne County Prosecutor’s Office and eventually our Client plead guilty with a sentencing agreement to not get any more than 1 year in prison (which, given the circumstances, was a fantastic result.) However, Neil Rockind appeared at the sentencing and not only did our client only get 11 months in jail, HE WAS ALSO GRANTED WORK RELEASE, meaning he won’t be away from his family for any significant time! Fantastic outcome in a very hard case.

May 2014 – Sterling Heights, MI – Our client was accused of felony identity theft by a local business owner. Once the case got up into the circuit court, we filed a deviation request with the Macomb County Prosecutor’s Office. Despite the prosecutor assigned to the case stating that it “was the best deviation request he had ever read,” his office denied the request. We subsequently discussed several motions that we intended to file with both the prosecutor and the Judge. Following that conversation, the Judge and prosecutor agreed to a DISMISSAL OF THE FELONY and a plea of no contest to a misdemeanor for illegal use of a telephone! In addition, the Judge DID NOT EVEN PLACE OUR CLIENT ON PROBATION – HE JUST RECEIVED FINES AND COSTS! Absolutely fantastic result!

May 2014 – Macomb County, MI – Our client lost his license due to an Implied Consent violation. We filed a Hardship Appeal, appeared before a Judge in the Macomb County Circuit Court and convinced her to grant him a restricted driver’s license! Now he can drive to and from work and will not lose his job! 

May 2014 – Dearborn, MI – Our client was stopped by police for OWI and Possession of Heroin. After several months Neil Rockind, P.C. convinced the prosecution to DISMISS THE FELONY DRUG CHARGE and allow our client to plead guilty to ONE COUNT OF OPERATING WHILE VISIBLY IMPAIRED! Further, at the sentencing, Neil Rockind convinced the Judge to give him only 8 months of probation!

April 2014 – Oak Park, MI – This was another medical marijuana case. Our client was arrested by police after they discovered that she was growing too many marijuana plants in her back yard. She was charged with the illegal Manufacture of Marijuana in violation of the Medical Marijuana Act. We worked out an agreement with the Oakland County Prosecutor’s Office whereby she pled guilty to Possession of Marijuana under 7411 – meaning that the charge will be erased from her record at the end of her very short probationary period! Any time a person can walk away with a clean record in Oakland County, they should count their blessings, thank their lawyers, and walk away happy.

April 2014 – Livonia, MI – Client was charged with a probation violation after having failed to drug test when required by her probation agent. Colin Daniels showed up, spoke to the probation agent and worked everything out with probation without even having to go in front of the judge!

April 2014 – Ypsilanti, MI – Our client absconded from Michigan several years ago and has had a warrant out since 2008 for a Driving While License Suspended charge. He now lives across the country and he retained us to attempt to take care of the warrant without making him have to come back to Michigan. After some correspondence with the Court, we were able to get the warrant cancelled, the violation of probation dismissed, and the case closed without our client having to step foot in Michigan!

April 2014 – Livonia, MI – Our client was charged with OWI after falling asleep at the wheel of his vehicle in the middle of an intersection. Despite the blatantly horrible facts, we were able to convey to the city attorney that there were significant medical reasons why he had fallen asleep while driving and ultimately our client pled UNDER ADVISEMENT TO DISORDERLY PERSON with a mere 6 MONTH OF PROBATION! Meaning in 6 months he will have a CLEAN RECORD!

March 2014 – Oakland County, MI – Our client was being investigated for several violations of the Medical Marijuana Act, including potential gun charges. However, after we discussed the facts of the case with the Officer In Charge, he agreed to give our client the benefit of the doubt and give him a warning. NO CHARGES WERE EVER FILED!

March 2014 – Detroit, MI – Our client had a violation of probation after violating several components of his probation. Neil Rockind showed up and he was discharged from probation without any jail time or further sanctions!

March 2014 – Macomb County, MI – Pursuant to a non-disclosure agreement we cannot really divulge much about this DISMISSAL, but I can say that it was a Medical Marijuana Dispensary case and ALL CHARGES AGAINST OUR CLIENT WERE DISMISSED!

March 2014 – Farmington Hills, MI – Our client was charged with domestic violence after his wife made a false allegation of abuse. After several discussions with the City Attorney, all parties agreed that the best course of action was to simply DISMISS THE CASE IN ITS ENTIRETY!

February 2014 – Sterling Heights, MI – Our client was charged with domestic violence after his live-in girlfriend accused him of pushing her into a table in their living room. We did a lot of research on her and set the case for trial. On the day of trial, she failed to show up. The city attorney asked for an adjournment so that he could get her to court. We objected. The Judge sided with us and DISMISSED THE CASE!

January 2014 – Brighton, MI – Our client was charged with Manufacture of Marijuana after the police raided his home and found nearly 100 marijuana plants and several pounds of marijuana. We filed several motions and held several hearings. Ultimately, the prosecutor’s office agreed to a misdemeanor plea and our client was placed on a short term of probation. When it comes to medical marijuana, there is simply no one better!

January 2014 – Novi, MI – Our client was charged with Possession of Illegal Drugs, OWI, and DWLS. However, he had a prescription for the vicodin that he was found to be in possession of. Yet, the prosecutor’s office didn’t care about his prescription. Neil Rockind held the preliminary examination and convinced the Judge to care about his prescription. The Judge stated on the record that, given the prescription, there was no proof that the defendant had done anything wrong, especially since the amount of vicodin in his system was less than the normal therapeutic amount (meaning he wasn’t intoxicated by it.) Ultimately, the Judge DISMISSED BOTH THE POSSESSION AND OWI CHARGES!

January 2014 – Royal Oak, MI – Our client was originally charged with OWI after getting into an accident in downtown Royal Oak. However, there was a girl in the back of his car (that was also intoxicated) that was injured in the accident and she decided that it would be better for her lawsuit against our client if he was charged with a felony. Based on that thought, she went to the Oakland County Prosecutor’s Office and asked that the state charge her used-to-be-friend with a felony for OWI causing injury (to herself) so that she could collect more in a lawsuit. Take 2 seconds to think about that. Anyway, after [literally] years of negotiating with the prosecution, we finally convinced them to reduce it back down to a misdemeanor OWI!

January 2014 – Royal Oak, MI – Our client was charged with drunk driving, despite the fact that his breath alcohol level was tested at below .08 BAC. In fact, at the police station our client blew a .07 BAC – yet the prosecution argued that there was video proof that the alcohol impaired his ability to drive. Neil Rockind crossed examined the officer that stopped him and got the officer to concede that the alleged impaired driving could have been due to something other than alcohol consumption. At the end of the trial, the Jury returned a verdict of NOT GUILTY!

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