Preliminary Examination Archives | Shyler Engel, PLLC

August 5, 2015
A case of national attention for its civil forfeiture aspects was finally finished after the Prosecutor withdrew her appeal of the District Court’s decision to dismiss the criminal charges at preliminary examination. Shyler Engel was brought onto this case by the lead attorney for the Defendant to assist in defending the District Court’s decision on appeal. After our response was filed, the prosecutor did not reply. On the day of oral arguments, the Prosecutor withdrew her appeal. More about the case is available here: http://www.thetimesherald.com/story/news/local/2015/08/05/local-marijuana-cases-dismissed-ruling/31164473/ and here: https://reason.com/blog/2015/08/12/why-are-michigan-prosecutors-reassessing
May 7, 2015
A Shyler Engel, PLLC client was accused of stealing a car. The client was originally charged with Unlawful Use of a Motor Vehicle, a 2 year felony, but the prosecutor threatened to raise the charge to Unlawfully Driving Away, a 5 year felony. The client was already convicted of multiple felonies and over a dozen misdemeanors. Shyler Engel encouraged the client to hold his preliminary examination. As anticipated, on cross examination, the alleged victim admitted that she did not actually see the Defendant take her keys or drive her car. Moreover, Shyler Engel was able to show that the alleged victim was lying about how much she had to drink the night of the incident. Other testimony was provided regarding an alleged taped admission from the Defendant, and the Prosecutor even asked for the more serious charge, however that did not persuade the judge that probable cause existed necessary to bind over any the charges to Circuit Court. Case dismissed.