A Shyler Engel, PLLC client was pulled over for allegedly running a red light. Inevitably, marijuana was found in our client’s vehicle. We attained the dash cam video from the trooper’s vehicle, which showed that the officer may have been a little to anxious to pull over our client. After the preliminary examination, where we asked the judge to dismiss the case for an unlawful stop but our request was denied, the prosecutor agreed to dismiss the possession charge to save from defending the State from our appeal.
A Shyler Engel, PLLC client was arrested along with two other people after less than one gram of marijuana found in a car that our client was sitting in. No admissions were made to the police, and our client denied that the marijuana was his, and that he did not even know that the marijuana was in the car. Without any medical protections, we set the matter for a jury trial. On the day of trial, the prosecutor offered to dismiss the case for a civil infraction. Our client accepted the deal, and left the courthouse without any conviction.
A Shyler Engel, PLLC client was charged with Improper Transportation after the police stopped our client in a parking lot for “suspicious activity.” Our client had forgotten to place his medical marijuana in a case in the trunk of his car. We filed a motion to dismiss the charges for a lack of probable cause to stop our client’s car, and argued that he was immune from prosecution of any charge involving marijuana based on the protections under Section 4 of the MMMA. The Prosecutor offered to reduce the charge to Double Parking, a civil infraction carrying no consequences. Our client accepted the Prosecutor’s offer.
A Shyler Engel, PLLC client was pulled over by the police after he failed to come to a complete stop at a stop sign. The officer approached the car and claimed to smell marijuana. Our client immediately furnished a small amount of marijuana. Our client did not possess a medical marihuana card at the time of the stop. Our client came to meet with us and was happy to learn that the certification from a doctor he had met prior to the incident would be helpful in having the charge dismissed through Section 8 of the Michigan Medical Marihuana Act. Shyler filed the motion, and the City Attorney offered to reduce the charge to the non-abstractable no point civil infraction of Impeding Traffic. Our client accepted.
A Shyler Engel, PLLC client was cited with Improper Transportation of Marijuana after he was pulled over for violation of a traffic law. He inevitably turned over a vaporizer to the police, which did have marijuana in the heating chamber. The police, and inevitably the city attorney charged him with improper transportation of marijuana. Shyler filed a motion to dismiss the charges for many reasons including the argument that patients are immune from prosecution. The judge agreed with our arguments and immediately dismissed the charge.
A Shyler Engel, PLLC client decided to smoke marijuana in his car in a public park after the park had closed. Our client had not yet been certified by a physician for the medical use of marijuana. Our client was stopped by an officer who had spotted him in the park and waited for him to leave before initiating a stop. A host of legal issues including were created by this incident. We filed motions to dismiss based on violation of 4th amendment rights and medical marijuana issues going forward. The prosecutor was kind enough to permit our client to plead guilty to improper transportation of marijuana in exchange for dismissing the marijuana possession. Then, we secured an agreement to have the improper transportation charged dismissed after a short term of probation. During sentencing, Shyler Engel was able to convince the judge to have our client only pay fines and costs and avoid reporting and testing probation completely. The improper transportation charge will be dismissed in 3 months. Accordingly, the total consequence to our client was a fine and staying out of trouble for 3 months. No conviction. No probation. No testing.
Three Shyler Engel, PLLC clients had just finished seeing a comedy show held at Soaring Eagle Casino, and decided to smoke marijuana in the parking lot. This parking lot is somewhat notorious in the medical marijuana defense community because it is the same casino parking lot that was the subject of question in People v Carlton, the Court of Appeals’ case that determined whether the immunity and defenses provided under the Medical Marihuana Act apply to a person who smokes marijuana in his or her own car while that car is parked in the parking lot of a private business that is open to the general public. In People v Carlton, the medical marijuana patient lost because the Court concluded that a person’s own car, when in a public place, constitutes a public place, and therefore, medical marihuana protections do not apply.
Our clients’ prosecutor was, in fact, the very prosecutor who argued the case before the Court of Appeals. However, we had alternative theories of defense. Despite only one client having a medical marihuana patient card, we filed a motion to dismiss based on the difference between communal use and possession as it relates to medical marijuana patients, and other traditional defenses. One of our clients was even charged with delivery for simply sharing the marijuana, which we believed a complete overreach from the intent of the delivery statute. When the day of the motion hearing was held, all of our clients we offered and took advantage of the same deal: Possession charges were dropped. Delivery charge dropped, elimination of a non-public record after 30 days of non-reporting and non-testing probation. In fact, the court sent a check back to our clients because the arraigning judge had assessed a bond that well exceeded the fine imposed.
A Shyler Engel, PLLC client was pulled over by a police officer after he had allegedly drove through a red light. Our client immediately confessed to having his medical marijuana in the wrong part of the car. Our client was issued a misdemeanor citation for Improper Transportation of Marijuana, and the Failed to Stop at a Traffic Light civil infraction. After we filed our Motion to Dismiss based on the MMMA superseding the Improper Transportation statute, the City Attorney argued that both the Improper Transport and the MMMMA could be read harmoniously. The judge concerned himself with the pending case before the Court of Appeals, People v Latz and believed the case should be stayed until the appellate court provides further guidance. The City Attorney then offered to dismiss both the Improper Transportation citation and the civil infraction, if our client paid a fine. Our client agreed, and left the courthouse without a conviction, probation, or testing.