Bond Violation Archives | Shyler Engel, PLLC

December 3, 2015
After one year of legal twists and turns, more than a dozen court hearings, bond violations, and motions, a Shyler Engel, PLLC client, was finally was sentenced to HYTA Probation in one of the firmest sentencing courts in Oakland County. This was an overwhelming success for our client. More than one year ago, our client sold an appreciable amount of marijuana multiple times to multiple undercover agents in a drug task force. There were not any medical marijuana protections. At the time the felony manufacture and delivery charges were brought, the Holmes Youthful Trainee Act only permitted people under the age of 21 to utilize this provision. Our client was 23 at the time of the incidents. We knew that changes to HYTA were coming down from the Legislature, so we filed a motion to stay proceedings under then-undecided the Section 8 Supreme Court cases Hartwick/Tuttle. Our motion was granted to stay the case. After Hartwick and Tuttle were decided, the changes to HYTA had come into effect, and we sought an agreement with the prosecutor to attain HYTA. We are thankful the prosecution agreed that our client should benefit from HYTA despite his older age and seriousness of his crimes. At the time the plea was entered, HTYA was promised by the judge on the condition that the Defendant not use drugs or alcohol. The client then tested positive for marijuana and missed a drug test. It was a realistic possibility that our client would be sent to jail for a lengthy period of time and have a felony record. Shyler Engel investigated the supposed missed test and marijuana test. Having an understanding of metabolite elimination rates, detection windows, and the studies to back our arguments up, we convinced the judge that the testing facility had made a mistake. While our client was sentenced to a lengthy term of probation, he left that court room with the opportunity to maintain a felony-free record without serving any jail time.