Articles Posted in Search and Seizure

Everything You Want to Know About Pretrial Conferences & Probable Cause Conferences in Macomb County

December 25, 2021 | Abdo Law Firm

ABDO LAW has several publications dedicated to “frequently asked criminal law questions and topics”. This publication is committed to the topic of pretrial conferences and probable cause conferences in Macomb County District Courts. The signficance of pretrial conferences and probable cause cannot be ignored. The vast majority of criminal cases are resolved by a plea bargain during these stages of the criminal process. According to the Bureau of Justice Statistics, about 95 percent of criminal cases in the state and federal system are disposed of through the process of plea bargain.

What is a pretrial conference? A probable cause conference?

Pretrial conferences are scheduled in both criminal and civil cases. For criminal misdemeanor cases, a pretrial conference is a meeting that is scheduled by the court and attended by the defendant’s attorney and the prosecuting attorney. The major purposes of a pretrial conference and probable cause conference is to facilitate resolution of a case, management of a case for trial or management of a case regarding other housekeeping matters (listed below). Generally, the Judge and witnesses are not directly involved in the conference process. However, the victim will be advised regarding the outcome of a pretrial conference and most prosecuting attorneys require the consent of the victim to any plea bargain to reduce or amend criminal charges. In addition to negotiations and plea bargaining, there may be pretrial hearings on the validity of confessions, searches, identification, etc. Other matters covered at the pretrial conference include motions and requests to determine whether evidence will be admitted or suppressed at trial. In truth, most judges hate trials and will encourage the litigants to strive for case resolution. If a case is not resolved, the court may schedule additional pretrial conferences to give the parties an opportunity to fully explore the possibility of plea bargaining. Getting a criminal charge dismissed is also a possible pretrial conference result.

In criminal matters, a pretrial conference is scheduled for every misdemeanor and a probable cause conference is scheduled or all felony cases soon after a case is filed with the court and a case number is assigned. In Macomb County, criminal pretrial conferences and probable cause conferences are held soon after the arraignment. Depending on the policy of each court, the pretrial conference will either be held remotely (ZOOM) or LIVE at the district court location (links to Macomb County District Courts). Conferences for felony matters may occur on the date scheduled for the probable cause conference and the preliminary examination,

The direction of a criminal case is often determined after a pretrial conference. Pretrial conferences are a vital tool, which a skilled criminal defense lawyer will utilize for several reasons:

Promote dismissal of the charge(s) under certain circumstances
Negotiate a favorable plea bargain
Use a probable cause conference to negotiate reduction of a felony to a misdemeanor
Address bond, bond conditions and/or release from jail
Adjourn the pretrial conference to seek a deviation when strict policy obstructs a plea bargain
Request modification of no-contact order (domestic violence cases)
Negotiate restitution when financial losses are claimed
Obtain the input of the presiding judge regarding a technical matter or a special request such as a specific sentence.
Size up the prosecution’s case, witnesses and evidence
Request copies of discovery (police reports, videos, chemical test results)
Schedule one or more motion dates to attack the evidence, or to weaken the case
Set future pretrial conference date to promote resolution of a case
Schedule the case for a bench or jury trial

Factoid: A person who is accused of a crime is not considered a “defendant” until that person is formally charged with a crime. Our criminal defense lawyers never refer to our clients as “defendants” when speaking to the court or prosecutor because of negative connotations. We prefer to refer to our clients by their given name or “the accused”.

What is the attorney’s role at a pretrial conference?

The best way for me to summarize an attorney’s role at a pretrial conference is by mentioning a few passages from the Michigan Rules of Professional Conduct. A lawyer is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice.

As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system.
As negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealing with others.

What is the defendant’s role at the pretrial conference?

Unless otherwise excused, attending the pretrial conference is mandatory at all courts located in the counties of Macomb, Oakland, Wayne and St.Clair. Prior to the pretrial conference, the criminal defense attorney works together with the defendant to set goals and/or lay out solid strategies which will lead to productive negotiations. At the conclusion of a pretrial conference, the defendant will be advised of the results which may lead to final resolution of the case. The consent of the victim may also be required before the prosecuting attorney can offer a plea bargain. If the client accepts the negotiated result and the victim does not object, the defense attorney and the defendant will appear before the judge to spell out the terms of the plea bargain on the court’s record. If necessary, the pretrial conference may be adjourned to further work up a case or to explain the outcome of a pretrial conference in greater detail to the defendant outside of formal court proceedings. Most courts are willing to grant additional pretrial conference dates at the request of either the defendant’s attorney or the prosecuting attorney.

Pretrial Conference: Now Scheduled Live or Remote

Prior to the pandemic of 2020, all pretrial conferences were scheduled at the court building where the case was filed. However, during the pandemic, the courts evolved to allow pretrial conferences to be held remotely via on-line computer platforms such as ZOOM. (click here for ZOOM SUPPORT) Each court has its own policy as to whether a hearing will be scheduled “in person” or “remotely”.

After the pretrial conference, the defendant and his or her attorney will appear in open court and inform the Judge of the results. The Judge has the final say regarding the outcome of a pretrial conference. For example, certain plea bargains may be against the Judge’s own policy and may require some persuasion and legal authority. In addition, the Judge may show frustration when the parties are attempting to adjourn (delay) cases. Since adjournments tend to clog court dockets, the Judge will require that “good cause” be shown.

Our experience is that a pretrial conference is an invaluable opportunity to advocate on behalf of our clients. Advocacy includes elements of assertiveness and diplomacy. We often can achieve a disposition after the pretrial conference. This may result in a plea bargain, which may have the effect of dismissing the criminal charges in exchange for completion of probation. It is our job to protect our client’s rights and seek the best possible outcome, which may mean saving a client from being exposed to egregious facts and the expenses of an unnecessary trial. The defendant remains the ultimate decision-maker when presented with options after the conclusion of a pretrial conference.

How are drunk driving, retail fraud and other prevalent cases resolved at the pretrial conference?

We know that being charged with a crime can be a life changing event. Based upon our experience, we look for ways to get your life back on track and get you out of the criminal justice system with the best result. In Macomb County, the majority of misdemeanor cases on the docket consist of drunk driving, retail fraud, domestic violence, driving while license suspended, leaving the scene of an accident, and disorderly conduct. Some of the more prevalent felony cases are assault with a dangerous weapon, uttering & publishing, embezzlement, possession of analogues, and carrying a concealed weapon. The following are possible scenarios for these prevalent criminal cases and how they can be favorably resolved during the pretrial conference or probable cause conference stage of a criminal case:

Drunk Driving: Seeking a reduction to impaired driving or a non-criminal offense under exceptional circumstances.
Super Drunk Driving/.17 or more: Seeking a reduction to impaired driving when a client can demonstrate low likelihood to be a repeat offender.
Retail Fraud: A first time offender can expect to get the charge deferred and dismissed after a short period of probation.
Domestic Violence: First we try to find out if the victim wants it dismissed and then look for ways to get the case dropped.
Driving while License Suspended: Seek reduction of the charge to a lower offense to avoid points and avoid additional license suspension.
Leaving the Scene of an Accident: Avoid 6 points associated with this offense, avoid jail, and get the charge reduced.
Disorderly Conduct: Obtain a deferral and dismissal after a short period of probation.
Felony/Assault with a Dangerous Weapon: Reduce to a misdemeanor unless the victim insists upon dismissal and is not likely to cooperate with the prosecutor.
Felony/Uttering & Publishing: U & P is a felony that can carry up to 14 years in prison. Avoiding a felony record and avoiding jail is entirely possible when we can offer payment of full restitution.
Felony/Embezzlement: Embezzlement over $1,000.00 is a felony that can carry up to 5 years in prison. Getting a felony record is unacceptable. Payment of full restitution and negotiating reduction to a misdemeanor is a realistic goal.
Possession of Analogues: Possession of analogues is a felony. Pursuant to MCL 333.7411, all drug possession crimes can be dismissed and the record sealed when resolved pursuant to MCL 333.7411.
Felony/Carrying a Concealed Weapon: CCW can carry up to 5 years in prison. A realistic goal in handling CCW cases is to get the felony reduced to a misdemeanor such as improper transport of a firearm.

Some other important things to know about pretrial conferences

Denial of a pretrial conference may constitute a denial of “due process” rights. US vs. Ataya, 864 F2d 1324 (1988).
No admissions made by the defendant’s lawyer in the setting of a pretrial conference are admissible against the defendant during trial.
Pretrial Conferences for federal criminal cases are governed by Federal Rule of Criminal Procedure 17.1.

Macomb County Court Links:

37th District Court: Warren & Centerline

38th District Court: Eastpointe

39th District Court: Roseville & Fraser

40th District Court: St. Clair Shores

41A District Court Sterling Heights Division

41A District Court: Shelby-Utica-Macomb Township

41B District Court: Clinton Township-Harrison Township-Mt. Clemens

42-1 District Court: Romeo-Washington Township-Armada-Bruce Township-Ray Township-Richmond-Memphis

42-2 District Court: New Baltimore-Chesterfield Township-Lenox Township-New Haven

Everything you need to know if you are charged with a drug crime in Macomb County

March 1, 2021 | Abdo Law Firm

Over 20,000 drug crime incidents each year in Michigan

Drugs are classified according to schedules in the Michigan Controlled Substance Act. The Controlled Substance Act labels the most dangerous and addictive drugs as Schedule 1 narcotics. Drug crimes and their corresponding penalties are also found in the Michigan Controlled Substance Act and the Michigan Penal Code. The penalties for drug crimes vary depending upon the drugs involved and whether the offender was involved in delivery, trafficking, manufacturing, possession or merely using drugs. Delivery and manufacturing Schedule 1 narcotics carry the greatest drug crime penalties. This publication is dedicated to the topic of drug crimes in Michigan and covers some of the most frequently asked legal questions with respect to drug crimes:

What are the penalties for a drug crime?
Can my drivers license be suspended for a drug crime?
When can the police search my vehicle?
Can a case be dismissed if someone else is willing to take the rap in the court system?
Should I do undercover work (snitch/cooperate) if I am facing a drug crime?
Can I be charged with maintaining a drug house if I was in my car?
Do I lose my rights to possession a firearm if I am convicted of a felony drug crime
Do I lose my rights to Carry a Concealed Pistol (CPL) if I am convicted of a misdemeanor drug crime?
How does the law “7411” help me if I am charged with a drug crime?

Drug problems do not discriminate and we all know someone very close to us that has struggled with a drug problem. In our experience, the Macomb County Courts have long adopted a philosophy and culture to foster rehabilitation and not to punish someone for a drug crime.

Throughout Michigan, there are over 20,000 criminal drug violations of the the Controlled Substance Act each year. This does include thousands of other incidents for theft crimes, gun crimes and violent crimes related to drug use and addiction. The Metro-Detroit region, consisting of Macomb, Oakland and Wayne Counties has the highest number of drug crimes based upon Michigan State Police Statistics. We base this article on our firm’s experience defending client’s charged with misdemeanor and felony drug crimes in the Macomb County District Courts:

37th District Court (Warren, Centerline)
38th District Court (Eastpointe)
39th District Court (Roseville, Fraser)
40th District Court (St. Clair Shores)
41A District Court (Shelby Township, Utica, Macomb Township)
41A District Court ( Sterling Heights)
41B District Court (Clinton Township, Harrison Township, Mount Clemens)
42-1 District Court (Romeo, Washington Township)
42-2 District Court (New Baltimore, Chesterfield Township)

If you are being charged or investigated for a drug crime, do not hesitate to contact an attorney that specializes in criminal law for guidance. Drug crimes are often management and and can be resolved with no jail and a dismissal of the original criminal charge(s). The most important things that the prosecutor and court will consider is whether someone is maintaining abstinence and involved in substance abuse treatment:

In-patient treatment
Outpatient treatment or an intensive outpatient program
Passing drug tests
Attending AA/NA meetings or other support group

More drug crimes involve prescription medications: MAPS allows law enforcement to track prescribed medications

Marijuana is legal for recreational purposes in the same way as alcoholic beverages and it is no longer a crime to possess or use marijuana. However, a high number of the drug crimes that we handle in the Macomb County Courts are for illegal possession of prescription medications. Unfortunately, various pain and psychotropic drugs can be obtained on the streets or very close to home. It is a felony for a person to possess a prescription medication that does not match up to a valid prescription. The excuse that your grandma left her prescription in your car will not work and you can face felony drug charges for having someone else’s prescribed medications in your possession.

Michigan has a system known as the Michigan Automated Prescription System (MAPS). MAPS is a prescription monitoring program used to track controlled substances, schedules 2-5 drugs. It is a tool used by prescribers and dispensers to assess patient risk and is also used to prevent drug abuse. The MAPS system is also widely used by law enforcement agencies.

Drug crime penalties: Use, Possession, Delivery, Possession with Intent to Deliver

Again, this publication is packed full of useful information regarding drug crimes . First of all, the seriousness of a drug crime will depend upon its classification in the Controlled Substance Act. All drugs in Michigan are classified from Schedule 1 to Schedule 5 pursuant to MCL 333.7212 of the Michigan Public Health Code. The breakdown of drugs into schedules is based upon the drug’s potential for abuse/addiction. Schedule 1 drugs, such as heroin and methamphetamine, are considered the most dangerous/addictive/abusive and carry the harshest criminal penalties. In addition to drug classifications, Michigan laws breakdown drug crime penalties based upon the type of conduct associated with drugs. Activity that involves delivery/trafficking drugs carries bigger penalties than merely possessing or using drugs.

Penalties for Delivery or Possession with Intent to Deliver Drugs: The most serious drug crime criminal penalties are reserved for offenders convicted of delivery, or trafficking, drugs. All drugs crimes associated with delivery, or possession with intent to deliver, are felonies.

Ecstasy/MDMA

Methamphetamine

Heroin

Cocaine

Oxycodone

Analogues, Adderall, Xanax

LSD

Psilocybin

Felony

Felony

Maximum Penalty

20 years, $25,000 fine

4 years, $25,000 fine

7 years, $10,000 fine

2 years, $2,000 fine

Just because someone is charged with a drug crime that contains the element of “delivery” does not mean that they face jail or become a convicted felon. If you find yourself in this position, it is wise to contact a local criminal defense lawyer for guidance and a plan to fight the case and avoid a conviction for drug trafficking.

Penalties for Possession of Drugs (not involving delivery): Possession of illegal drugs can be charged as either a felony or misdemeanor, depending upon the classification of the drug(s) involved.

Drug Crime

Possession Ecstasy

Possession Meth

Possession Heroin

Possession Cocaine

Possession Oxycodone

Possession Analogues

Possession LSD

Possession Psilocybin

Possession Parphernalia

Classification

Felony

Misdemeanor

Maximum Penalty

10 years, $15,000 fine

4 years, $25,000 fine

2 years, $2,000 fine

1 year, $2,000 fine

Other drug crime links:

“Possession of drugs” link

“Analogue drugs” link

Other important drug crime provisions of law

A drug crime conviction will result in license suspension. An individual convicted of a felony drug crime will not be able to own or possess a firearm. However, there are special provisions of law that we can use to get drug crimes dismissed as we explain in more detail below.

Driver’s license suspension: There are mandatory driver’s license sanctions imposed when a person is convicted of a drug crime. For a first time drug crime conviction, driver’s license suspension is for a period 180 days with possible restrictions after the first 30 days. A second time drug crime conviction will result in mandatory suspension for a period of 1 year with possible restrictions after serving the first 60 days with no driving. License sanctions do not apply when a drug crime is resolved pursuant to HYTA or MCL 333.7411.
Concealed Pistol License (CPL): A person convicted of a misdemeanor drug crime will not be able to apply for a CPL for a period of three (3) years. A person convicted of any felony, including all felony drug crimes, will not be able to own or possess a firearm pursuant to both State of Michigan and Federal laws.
Double penalty for second drug crime conviction: A second drug crime conviction is subject to enhancement under MCL 333.7413 with the potential for double penalty as to incarceration and fines. This can lead to harsh consequences when a person is charged with a drug crime otherwise classified as a misdemeanor, such as possession of marijuana. A second possession of marijuana conviction would constitute a felony (2 years maximum sentence) if enhanced by the prosecutor pursuant to MCL 333.7413. In our experience as criminal and drug crime defense lawyers, the Macomb County Prosecutor’s Office does not hesitate to utilize the double penalty provision when charging for repeat drug crimes.
MCL 333.7411: Disposition of a drug crime pursuant to MCL 333.7411 will result in a dismissal of the drug crimes for eligible first offenders. 7411 only applies to drug crimes that involve “possession” or “use“. 7411 does not apply to any drug crimes involving the activity of manufacturing or delivery. In addition, 7411 may be only used once in a person’s lifetime.
HYTA: Disposition of a drug crime pursuant to HYTA results in a dismissal of the drug crime with no public record of the proceedings. HYTA allows youthful offenders to get many types of criminal charges dismissed upon successfully completing probation.
Expungement: Almost every drug crime, except for the most serious, are eligible for expungement.

There is no need to get an expungement of a case that is resolved pursuant to MCL 3333.7411 or HYTA because there is no adjudication of guilty with these dynamic provisions of law.

Legal grounds to search a person or vehicle without a warrant

The police may not conduct a search without a valid search warrant or legal grounds to conduct a search without a warrant.

Based upon Michigan laws, a search may occur without a warrant under these circumstances:

Plain view: Objects found in plain view are subject to seizure without any further justification provided that the law enforcement officer has acted legally.
Consent: The police do not need a warrant or probable cause to search a person or vehicle if they obtain the consent of the party.
Smell of drugs: The Michigan Supreme Court has held that the smell of something illegal is like plain view and have said “plain smell”, can justify a search of a car without a warrant.
Search incident to an arrest: If criminal conduct is discovered following a traffic stop, such as a person driving on a suspended license, the police may conduct a search of the person and an inventory search of the vehicle incident to the arrest. (Driving on a suspended license (DWLS) is a crime, not a civil infraction.

YouTube Video, I Don’t Consent to Searches: https://www.youtube.com/watch?v=3kVX6NIPzB0

Police don’t always play fairly and use plain view and/or consent to accomplish a search without a warrant.

We know the police often say that drugs or other illegal property is in plain view when it is actually well hidden and not in plain view. Seldom are there sufficient grounds to prove an illegal search unless there is a witness or video of the police misconduct. Consent searches are also an area of contention that sometimes demand a closer look especially when consent is obtained based upon coercion or threats. Some tactics used by the police to get a party’s consent:

Threat to obtain a search warrant.
Threat to get the K-9 dogs to sniff out the dope.
Claim by police that person or car smells like marijuana but want to obtain consent as a second means to validate a search.

HELP: I did not have drugs in my possession but the police charged me with possession!

In the eyes of the law, there is such a thing as being at the wrong place at the wrong time. When the police find marijuana or other illegal property in a vehicle, they may opt to charge only one party, or every party/occupant that can be said to be in “possession” or control of the property.

Actual possession: A person caught red handed with marijuana hidden in his clothing (pocket, bra) is in actual possession and would have a hard time proving otherwise.

Constructive possession: Constructive possession means a person had knowledge of the substance and an ability to control it. This differs from actual possession and would encompass situations where drugs are not found on a person but in an area within his control. For example, assume the police find marijuana or drugs in what we call a “common area” (under a passenger seat, ashtray or on the floor). In these scenarios, the police may charge every occupant with possession under the theory of “constructive possession”.

One person willing to take the blame: In other drug cases that wind up in the system, we may have a single party that is willing to take the rap for others. Under the circumstances, the prosecutor can still argue joint possession or that the party taking the blame lacks credibility.

Should I do cooperate with the police/provide undercover work if I am facing drug charges or get a lawyer and go with the court option?

The police may offer leniency or some concession on the drug charges in exchange for cooperation, or what is commonly known as snitching. Undercover drug operations are dangerous and a favorable deal by the police is not assured. Furthermore, undercover activities are often done outside of the court system and without the protection of a lawyer.

The advice of an experienced criminal defense lawyer is crucial when confronted with this option. Engaging in undercover drug deals is not within the comfort zone of most of our Macomb County suburban clients. In fact, our clients have chosen the court option as opposed to snitching more than 90% of the time. In addition, clients have retained our firm following a frustrating episode of cooperation/snitching.

What does it mean if I am charged with maintaining a drug house?

The prosecutor can raise the stakes on mere drug possession charges by adding an additional serious criminal charge known as “maintaining a drug house” when a person:

Knowingly maintains a store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place that is frequented by persons using controlled substances in violation of this article for the purpose of using controlled substances or that is used for keeping or selling controlled substances.

Maintaining a drug house is considered a high court misdemeanor in Michigan that punishable by imprisonment for not more than 2 years, or a fine of not more than $25,000.00, or both. For many purposes, it is viewed as a felony because the punishment consequence is greater than 1 year.

Article by Macomb County Drug Crimes Lawyer: Cooperation/Acting as an Informant for the Police

March 1, 2021 | Abdo Law Firm

What does it mean to provide cooperation, snitch or be an informant for the police?

Cooperation, using the little fish to get the big fish, is a major law enforcement tactic utilized everywhere and every day in the United States to gain information that would otherwise be next to impossible to obtain. This practice is also used extensively in the County of Macomb as a means to frustrate illegal drug activity. An offer to cooperate can arise during a criminal investigation or following an arrest or at any stage of a criminal case.

The concept of “cooperation” with the police (also called “snitching” or “acting as an informant”) occurs when the police utilize an individual to obtain information that would otherwise be difficult to discover. Those asked to provide cooperation are usually in trouble with the law (busted for a drug crime) and are promised consideration in the legal system in return for providing assistance. Assistance is expected to be substantial and typically involves undercover work with narcotics agents or special units. The informant is rarely advised of his or her rights and other options. The informant may later be required to testify as a witness in subsequent court proceedings unless given protection as a confidential informant (CI).

The use of informants by the government has existed for more than a 1,000 years and remains widely used today by the government and the police to:

Make other busts, raids, seizures,
Support an arrest or search warrant
Bolster connections to infiltrate criminal enterprise(s),
Flush out targets or bigger fish, and,
Make progress in an investigation that is stuck in the mud.

Getting into Something that is Over Your Head

As we explain in this publication, cooperation or snitching, is a tool used by law enforcement officers to combat criminal activity and is most often associated with drug crimes. Cooperation with the police is seldom ever considered because drug crimes, especially for first offenders, can be resolved with excellent results in most cases without working with the police. In addition, you need the advice of an attorney to explain your legal rights and all of the possible risks associated with cooperation, including the following:

Your safety is not assured
Your assistance may be declared insufficient by the police
Criminal charges may still be pursued against you
Cooperation ends when the police say it ends
Cooperation may require engaging in bigger drug deals than justified under the circumstances to get a deal in the legal system

Cooperation (snitching) is usually arranged while the accused person is caught red handed while engaged in illegal activity or in police custody for a criminal offense. Unfortunately, the police may use these scenarios as opportunities to take advantage of the situation by threatening prosecution or by persuading the party with incentives to cooperate that include: immediate release from jail and consideration to get all criminal charges dropped. Upon being released from jail, the unwary person will be instructed to contact an undercover officer for further instructions and discouraged from contacting a criminal defense lawyer. An individual that immediately chooses this route is placing his or her trust with the same law enforcement officers that will be testifying for the prosecution should criminal charges later be pursued.

What the Police Won’t Tell You about Cooperation Can Hurt You

The police are not required to give legal advice or explain every other possible option when attempting to engage an individual to become an informant. The police will not tell you that your case can be worked out without cooperation or that an attorney can fight the case if it is based upon an illegal search. Here are just a few other legal rights that you forego when you agree to cooperate with the police:

4^th Amendment Constitutional right to be free from unreasonable searches
5^th Amendment Constitutional right to remain silent
6^th Amendment Constitutional right to an attorney
Your right to assert legal defenses to the alleged criminal charges (mere presence, lack of possession)
Your right to get your drug crime anywhere in Michigan dismissed pursuant to MCL 333.7411 or HYTA

In addition to the above, the police won’t tell you that most drug crimes are manageable in the court system with the services of a criminal defense lawyer. Scare tactics are not uncommon as a means to harvest an informant who is lead to believe that there is no hope in the legal system without providing cooperation. In fact, the majority of offenders are not looking at jail, may be eligible to get a felony reduced to a misdemeanor and have other excellent options to get the charge(s) dismissed pursuant to MCL 333.7411 or HYTA without providing any cooperation whatsoever to the police!

Cooperation in the Federal Court System

Federal criminal prosecutions are handled in a much more formal manner. In the Federal court system, the issue of cooperation is much different than what we see at the state court level. In the Federal system, special formalities and agreements exist. They involve both the District Attorney and at least one law enforcement agency; usually the Federal Bureau of Investigation (FBI) or the Drug Enforcement Agency (DEA). In the Federal arena, cooperation is prevalent and can be a factor to avoid a mandatory minimum sentence. The following language is contained within a Federal Plea and Cooperation Agreement:

“If the defendant commits any crimes or if any of the defendant’s statements or testimony prove to be knowingly false, misleading, or materially incomplete, or if the defendant otherwise violates this Plea and Cooperation Agreement in any way, the government will no longer be bound by its representations to the defendant concerning the limits on criminal prosecution and sentencing as set forth herein.”

Assault / Resist / Obstruct Police Officers DISMISSAL Macomb County

June 2, 2020 | Abdo Law Firm

Imaginary lines in space decide many of the rights and obligations of American life. These boundary lines have tremendous effects on our sense of self and to whom we feel connected. Far more than just emotional and psychological consequences flow from where we live and how we identify. (Read Democratic Education and Local School Governance.) In America, geography and identity determine one’s legal power and opportunity.

3 recently recorded incidents of unarmed black men being ridiculed or killed in America have surfaced online and sent communities across both coasts pleading for justice. The unfortunate stories of Ahmaud Arbery, Christian Cooper, and George Floyd during COVID provides powerful tools for Americans to reflect on our interconnectedness with fellow Americans from different backgrounds and geography.

The United States of America, a democracy founded on the equal dignity of every citizen[1] rejects an ancient view that legal power and opportunity hinges upon accidents like parentage or geography. This is due to the fact that deeply rooted in American heritage and values is our core belief in the American Dream, a happy way of living that can be achieved by anyone in the U.S. by working hard.[2]

Search & Seizure: Probable cause is not required when you consent to a search or when illegal property is in plain view

April 5, 2010 | Abdo Law Firm

The Fourth Amendment to the United States Constitution, which is part of the Bill of Rights, guards against unreasonable searches and seizures. In general, a search and seizure of a person or his property requires a search warrant based upon probable cause. The search warrant requirement is intended to avoid random/abusive searches by government officials. However, in Michigan, the police are not required to obtain a search warrant and probable cause is not required for property which is in “plain view” or when a person “consents” to a search. Whenever a search can occur without the element of probable cause, there is room for abuse by law enforcement. Plain view or consent searches can be made when probable cause does not exist and allow the police to avoid delays and formalities with the search warrant process. In addition, ” there are rarely any legal grounds to contest search based upon plain view or consent.

Plain View: Objects which are in plain view of an officer who has a right to be in that position are subject to seizure without a warrant and without probable cause, or his lawful observations may provide grounds for issuance of a search warrant.

Consent Searches: A person who gives a valid consent to a police officer to search his home or vehicle, may be waiving his 4th Amendment rights. The consent must be given voluntarily and courts must determine on the basis of the totality of the circumstances whether consent has been freely given or has been coerced.

Our Macomb County criminal defense lawyers have been able to defeat improper searches if the consent was obtained by threats or coercion or if the traffic stop was random or pretextual. Our position in such situations is that if the initial intrusion is invalid; anything that is seized becomes inadmissible under the “fruit of the poisonous tree” doctrine. The prosecuting attorney has the burden to establish the validity of the intrusion and the voluntariness of the consent by direct and positive evidence.

Video: How to Refuse a Police Search
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