A few months ago, Marcel ran out of pills and his disability check was late. Racked with pain and suffering heroin like withdrawal symptoms, Marcel called the doctor and asked for enough pills to last until his check arrived and he could pay her. She refused. With that, Marcel grabbed a kitchen knife and robbed the nearest pharmacy. He did not ask for money but only for oxycontin. An hour later, Marcel was arrested in his home and charged with armed robbery, an offense punishable with up to life in prison.

After we were called, we collected Marcel's medical records. We called the doctor's office and demanded that they give us copies of his medical records, what treatment they had done, and the amount of drugs that had been prescribed. We then made sure that Marcel stopped taking these drugs, insisted he get himself into a drug treatment program, and visited the head prosecutor and assistant prosecutor assigned to the case.

Through our efforts, the prosecutor reduced the charges to unarmed robbery. Marcel was sentenced to three years probation, room was found for him at a residential drug treatment center, he will be able to obtain medical treatment provided by the county, and best of all, he will be eligible to expunge his record and say that he has never been convicted of a crime, something he could not have done if convicted of the original charge.

Getting caught and calling our office may have been the best thing Marcel has ever done. He is well on his way to controlling his pain without highly addictive drugs and he is getting the medical treatment he needs. In this case, the doctor should have been the one who faced going to prison and we are now undertaking efforts to make that happen. Not only did we want to help Marcel but we want make sure there are no other Marcel's in this doctor's future.

TOM R: 142 MPH IN A 70 MPH ZONE

After talking to the Prosecutor and the Police Officer who issued the ticket, we were able to get the ticket reduced to 10 miles over on a limited access highway. For Tom, this meant only 1 point, fines that were much less than would have been imposed on the original ticket, and insurance rates that would not go through the roof.

Needless to say, Tom was happy with the result.

MATHEW PUNCHING HIS GIRLFRIEND IN THE NOSE

Our office talked with the investigating detective, obtained letters of reference from Mathew's high school principal and employer, and advised Mathew to enter an anger management course before his next court appearance. We also spoke with the victim and her parents and then successfully negotiated with the Prosecutor to secure probation for Mathew with the understanding that when he fulfills the terms of probation, his record will be wiped clean.

ROBERT, CARRYING A CONCEALED WEAPON

Robert was charged with CCW, Carrying a Concealed Weapon, a felony punishable by up to five years in prison. After Robert contacted our office, we explained his options; he could go to court and challenge the evidence as "forbidden fruits of an illegal seizure" and move to suppress any evidence found, we could go to trial or we could negotiate with the prosecutor to reduce the charges, receive probation and lessen the impact on Robert's record. In addition, his legal fees would be kept to a minimum because we were able to keep this case in the District Court rather than having him bound over to Circuit Court.
After careful consideration, Robert decided to plead guilty to a lesser charge. He was sentenced to one year probation and released from jail. And, under Michigan Law, he will be eligible to have his record expunged and honestly say the his record is clean

SAM, MINOR IN POSSESSION

We advised Sam of her various options including going to trial, challenging the results of the PBT, or trying to negotiate a deal with the prosecutor that the judge would accept. Sam considered these options and decided to let our office negotiate the best deal we could. Even though Sam had broken a window where the party was going on, had taken a swing at another party-goer plus had a prior conviction for domestic violence, we negotiated with the prosecutor who agreed to charge Sam as a first time offender.

Appearing before the judge, Sam was sentenced to probation and alcohol counseling. Furthermore, the judge agreed to defer sentencing and take the case under advisement, meaning that once Sam fulfills the terms of her probation, her guilty plea will not be entered and the offense will not appear on her record. We were also able to accomplish this with only one appearance before the judge keeping Sam's legal expenses to a minimum. If you are charged with MIP, it probably is not the best time to go it alone but hire experienced and competent representation to protect your rights and stand up for your interests.

RICHARD, DUI 2nd OFFENSE

When Richard called our office, we went to work. We looked at why the Officer stopped Richard and why he asked Richard to submit to a PBT. We then filed a motion with the Court to suppress the results of the PBT and a later Datamaster breath test. In our motion we questioned why, after passing the FST's, did the Officer order Richard to take the PBT. We also noted that the Officer did not report of any other factors why he thought Richard was driving drunk, such as slurred speech or glazed eyes. And we pointed out that this was an illegal search and seizure under both the US Constitution and the Michigan Constitution. You see, at the Law Office of James G. Schmier, PLLC we believe our clients are entitled to these protections and will work aggressively to make sure our clients receive them.

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The Law Office of James G. Schmier, PLLC
Criminal Defense, Drunk Driving DUI Defense and Family Law Divorce Attorney
(248) 705 3742