Category Archives: Domestic Violence

Domestic Violence DISMISSAL!

One of the types of cases that we specialize are Domestic Violence cases. You can check out our domestic violence website here: http://www.michigandomesticviolence.com/

In nearly all of the domestic violence cases that we handle, we always prepare for trial from the get-go. Most of these cases ultimately go to trial – primarily because the prosecution will rarely dismiss (even if the complainant wants a dismissal) out of fear that the defendant will simply commit the same crime again (or is some cases, commit an even worse offense.)

Basically, we are always prepared to go to trial on domestic violence cases – whereas prosecutors almost always try to force a plea.

Last month, Neil appeared with our client in Sterling Heights prepared to go to trial. Despite the fact that the complainant had showed up at every other court appearance and had told the prosecutor numerous times that our client had “pushed her” and that she absolutely wanted the case to go to trial, she failed to appear at the trial. The truth is that our client had never pushed her and she was simply using the legal system to keep our client out of his own home.

The prosecutor asked for an adjournment so that he could attempt to find the complainant, but the Judge was fed up with both her antics and her refusal to appear at trial despite being subpoenaed, so he DISMISSED THE CASE ENTIRELY!

Our client could have taken a plea deal, but he opted to fight the ridiculous allegation and ultimately we were rewarded with a DISMISSAL. This is what we do.

Advertisements

NOT GUILTY! – 2nd NG in one week

Yesterday Neil Rockind obtained a second Not Guilty verdict within a week.

This time it was a Domestic Violence trial in New Baltimore. From the get-go our client maintained his innocence. His (now) ex-wife claimed that he had entered their house and hit her. Except, there was no evidence of an assault. No witnesses, no bruising, no pictures, nothing. In reality, she was pissed that he was sleeping with another woman and was about to file for divorce. So, she did what many scorned women have done: She called the cops, made up an assault, filed for divorce first, filed a PPO, drained their bank accounts, and kept his kids from him (even went so far as to tell the children’s principle that that their father was under court order not to see the kids – which was a lie.) She did all of this within 5 days.  And through it all, our client maintained his innocence; that although they had argued, that he had never laid a hand on her.

Fortunately, the trier of fact agreed and he was found Not Guilty. Justice prevails once again.

Neil Rockind gets a DISMISSAL in a Domestic Violence Case in 46th District Court!

Details to follow…

2nd Amendment Victory

In Michigan v A.H., our firm was one of the first to challenge Michigan’s byzantine gun possession and carrying laws.   We challenged Michigan’s carrying concealed weapons laws because the laws, in our opinion, violated the 2nd Amendment.  Several of our peers dismissed our legal challenge. Neil Rockind, P.C. remained undeterred.  We prepared and filed paperwork challenging the legality of Michigan’s Carrying a Concealed Weapon statute and law.  Our arguments were recently validated by the 4th Circuit Court of Appeals in an unrelated case (see http://caselaw.findlaw.com/us-4th-circuit/1550305.html?DCMP=NWL-pro_conlaw).

Neil Rockind, P.C. continues to lead the way in the defense of weapons and gun offenses in Oakland County, Macomb County and Wayne County.  We are unconventional and committed to defending you and loved ones from government overreaching.  If you or a loved one has a question of case involving a weapons, gun or firearms case, feel free to inquire at 248.208.3800 or contact our new case intake paralegal at jmellas@rockindpc.com.

 

Neil Rockind gets a NOT GUILTY at a domestic violence trial in the 46th District Court!

A mere 5 days after Neil Rockind pulled off a stunning victory in the 48th District Court (check out the story here People v. Fawkes), Neil Rockind achieved yet another NOT GUILTY verdict at a domestic violence trial in the 46th District Court in Southfield, Michigan.

Andre Ellison came to our firm roughly 2 months ago and told us that he had been wrongly accused of domestic violence by an ex-girlfriend. The prosecutor had offered to reduce the charge to disturbing the peace, but Ellison knew that he had done nothing wrong – and turned down the offer. We set it for trial and forged ahead with preparations.

Monday, September 27th, the prosecutor called our office and, after a lengthy discussion, again offered to reduce the charge to disturbing the peace. We told her no deal and that we were ready to go.

On Tuesday the 28th Neil appeared at the courthouse at 8:30 am and soon after began jury selection. Following a masterful jury selection process, the trial began at roughly 2pm. The prosecutor called 4 witnesses, including a police officer that was called to the scene, a young man that allegedly witnessed the assault, the complainant herself, and the police officer that took pictures of her alleged “injuries.”

Following the prosecution’s proofs, it was extremely apparent that there were several holes in both the prosecution’s case and the story put forth by the complainant. First, the 911 call operator wasn’t called to testify – why? Second, the 911 call wasn’t played to the jury – why? Third, the police officer who took the complainant’s statement was not called to testify – why? Fourth, the video system that  existed and was working in the place that the assault took place was mysteriously “not-accessible” and the video of the incident mysteriously disappeared.

Finally, and most importantly, the complainants story was simply implausible. Neil Rockind cross-examined her for nearly an hour and at the conclusion of her testimony I don’t believe that there was a single person in that courtroom that believed anything that she was saying.

Her lies exposed, Ellison took the stand to testify and emphatically stood his ground that he had not laid a hand on her. 2 hours later the jury returned with a verdict of NOT GUILTY.

A second NOT GUILTY in 5 days! That’s how we handle our business at NEIL ROCKIND, P.C.

Neil Rockind, P.C. is extremely experienced in handling all types of domestic violence/assault and battery cases. If you or a loved one is faced with any type of domestic violence charge, or an investigation by any policing agency regarding such a charge, please contact Neil Rockind, P.C. at jmellas@rockindpc.com or call our office directly at 248-208-3800 to schedule a free consultation!