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March 2006
Charge (Count 1): Armed Robbery
Felony: Imprisonment for LIFE or for any term of years
Charge (Count 2): Felony Firearm
Felony: 2 Years consecutively and preceding any term of imprisonment
imposed for the felony or attempted felony conviction
Court: Wayne County Circuit Court
Preliminary Examination Held; Motion to Dismiss: DENIED
Civil Complaint for Enforcement of the Freedom of Information Act
("FOIA"): Sued the police department
and two FOIA coordinators individually for failing to fulfill FOIA
requests
Emergency Motion to Compel Immediate Disclosure of Public Records:
GRANTED
Motion for Award of Attorney Fees and Costs: Settlement with the
police department and
individual civil defendants prior to motion being heard
Disposition: Plea bargain to Felonious Assault with dismissal of Armed
Robbery and Felony Firearm charges; 9 months work release.
-------------------------------------------------
April 2006
Charge: Possession of Controlled Substances, Cocaine Less Than 25
Grams
Felony: 20 Years or a fine of not more than $25,000.00, or both
Court: Oakland County Circuit Court; District Court Proceedings
Motion for Bond Reduction: $50,000.00 cash bond reduced to personal
bond, defendant released from jail
Preliminary Examination Held; Motion to Dismiss: GRANTED
Disposition: The District Court DISMISSED
the case based on failure of the police
authorities to sufficiently
corroborate an anonymous tip and thereby running an improper LEIN check,
then...
*In May 2006, the prosecutor appealed the matter to the
Oakland County Circuit Court, which (in August 2006) DENIED the appeal.
**In September 2006, the prosecutor appealed the matter to the Michigan
Court of Appeals, which (in April 2007) overturned the District
Court's decision.
***In May 2007, the defense appealed the matter to the Michigan Supreme Court,
which (in September 2007)
DENIED the appeal and remanded the case back to the District Court for
further proceedings.
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June 2006
Charge (Count 1): Armed Robbery
Felony: Imprisonment for LIFE or for any term of years
Charge (Count 2): Felony Firearm
Felony: 2 Years consecutively and preceding any term of imprisonment
imposed for the felony or attempted felony conviction
Court: Macomb County Circuit Court; District Court Proceedings
Motion for Bond Reduction: $100,000.00 cash bond reduced to personal
bond, defendant released from jail
Disposition: DISMISSED based on agreement with prosecutor due
to identification issues.
-------------------------------------------------
July 2006
Charge: Larceny By Conversion $20,000.00 or More
Felony: 10 Years and/or $15,000.00, or 3 times the value of the property
stolen, whichever is greater
Court: Macomb County Circuit Court; District Court Proceedings
Disposition: Plea bargain to Larceny By Conversion $200.00 -
$1,000.00, a Misdemeanor Under Advisement,
such that if restitution is made and upon the expiration of 6 months
with no other criminal activity,
the case will be DISMISSED.
------------------------------------------------- August
2006
Charge (Count 1): Delivery/Manufacture Cocaine 50 to 449 Grams
Felony: 20 Years or $250,000.00, or both
Charge (Count 2): Felony Firearm
Felony: 2 Years consecutively and preceding any term of imprisonment
imposed for the felony or attempted felony conviction
Court: Wayne County Circuit Court
Writ of Habeas Corpus: Arranged release of defendant from police custody on
a Sunday afternoon with a $2,500.00 ten percent bond
Preliminary Examination Held; Motion to Dismiss: DENIED
Motion to Quash: GRANTED
Disposition: DISMISSED based on failure
to
establish a sufficient nexus between the defendant and contraband. -------------------------------------------------
Charge: Criminal Sexual Conduct 3rd Degree
(consensual intercourse between adult and 15 year old)
Felony: Imprisonment for not more than 15 years
Court: Wayne County Circuit Court
Disposition: DISMISSED on the day of
Jury Trial; prosecutor chose not to
proceed based on challenges to DNA evidence. ------------------------------------------------- November
2006
Charge (Count 1): Possession of Controlled Substances, Cocaine Less Than 25
Grams
Felony: 20 years or a fine of not more than $25,000.00, or both.
Charge (Count 2): Larceny From a Building
Felony: 10 years or a fine of not more than $15,000.00 or 3 times
the value of
the property stolen, whichever is greater, or both imprisonment and a
fine
Court: Oakland County Circuit Court
Charge (Count 3): Habitual Offender
Disposition: Guilty as charged with minimal jail (60 days),
probation and substance abuse treatment. ------------------------------------------------- January
2007
Charge: Malicious Destruction of Property $1,000 - $20,000
Felony: 5 years or a fine of not more than $10,000.00 or 3 times
the amount
of the destruction or injury, whichever is greater, or both imprisonment
and a fine
Court: Oakland County Circuit Court
Motion to Quash: DENIED
Disposition: Plea bargain to Malicious Destruction of Property
$200 - $1,000, a Misdemeanor. Probation, no jail. ------------------------------------------------- Charge:
Failure to Notify of Change of Address Pursuant to Sex Offender
Registration Act
Felony: 4 years or a fine of not more than $2,000.00, or both
Court: Oakland County Circuit Court
Preliminary Examination Held; Motion to Dismiss: DENIED
Motion to Quash: DENIED
Motion to Dismiss Based on Entrapment: DENIED
Petition to Discontinue Sex Offender Registration: GRANTED
Petitioned the Wayne County Juvenile Court to remove defendant from Sex
Offender Registry
(change in law made it possible to remove certain non-sexual predators
from list; very rare)
Disposition: Plea bargain to Disorderly Conduct, a Misdemeanor,
no jail, no probation. ------------------------------------------------- March
2007
Charge: Delivery/Manufacture Cocaine 50 to 449 Grams
Felony: 20 Years or $250,000.00, or both
Court: Wayne County Circuit Court
Preliminary Examination Held; Motion to Dismiss: DENIED
Motion to Quash and Dismiss: DENIED after Evidentiary
Hearing
TRIAL: Two day Jury Trial, three days of deliberation
Disposition: HUNG
JURY, 11 - 1 in favor of acquittal, mistrial declared. ------------------------------------------------- May
2007
Charge (Count 1): Unarmed Robbery
Felony: Imprisonment for not more than 15 years
Charge (Count 2): Carjacking
Felony: Imprisonment for LIFE or for any term of years
Charge (Count 3): Fleeing and Eluding
Felony: Imprisonment for not more than 5 years or a fine of not
more than $5,000.00, or both
Court: Wayne County Circuit Court
Disposition: Plea bargain, guilty to Count 1 and Count 3
with dismissal of Count 2 Carjacking, sentencing agreement to 36 months prison. ------------------------------------------------- Charge:
Arson (Personal Property) $1,000 - $20,000
Felony: 5 years or a fine of not more than $10,000.00 or 3 times
the amount of the value
of the personal property burned, whichever is greater, or both imprisonment
and a fine
Court: Wayne County Circuit Court, District Court Proceedings
Preliminary Examination Held; Motion to Dismiss: GRANTED
Disposition: DISMISSED based on failure
to
establish probable cause to believe that the defendant committed the
offense. ------------------------------------------------- July
2007
Charge: Unarmed Robbery
Felony: Imprisonment for not more than 15 years
Court: Oakland County Circuit Court
Disposition: Deferment under the Holmes Youthful Trainee Act
("HYTA"), such that upon the expiration of
one year with compliance with court ordered terms and conditions, the
charges against the defendant
will be DISMISSED
and the record of the proceedings sealed. Note:
HYTA is a special status for youthful offenders ages 17 to 20 years
old. HYTA allows a
criminal offense
to be resolved without entering judgment of conviction and with
dismissal upon compliance with terms and
conditions as stated by the court. MCL 762.11 ------------------------------------------------- August
2007
Charge: Resisting and Obstructing a Police Officer
Felony: Imprisonment for not more than 2 years or a fine of not
more than $2,000.00, or both
Court: Monroe County Circuit Court; District Court Proceedings
Disposition: Plea bargain, dismissal of Felony charge and plea
of no contest to
Disturbing the Peace, a Misdemeanor, no jail, no probation, $150 in
fines and costs. Note:
A plea of "no contest" is treated as a guilty plea except that
it is not an admission of guilt. ------------------------------------------------- October
2007
Charge (Count 1): Home Invasion First Degree
Felony: Imprisonment for not more than 20 years or a fine of not
more than $5,000.00, or both
Charge (Count 2): Larceny of a Firearm
Felony: Imprisonment for not more than 5 years or by a fine of not
more than $2,500.00, or both
Charge (Count 3): Felony Firearm
Felony: 2 Years consecutively and preceding any term of imprisonment
imposed for the felony or attempted felony conviction
Charge (Count 4): Felony Firearm
Felony: 2 Years consecutively and preceding any term of imprisonment
imposed for the felony or attempted felony conviction
Court: Oakland County Circuit Court
Disposition: Plea bargain, guilty to Count 1 and Count 2
with dismissal of Count 3 and Count 4, Felony Firearms, sentenced to 54
months prison at bottom of sentencing guidelines. ------------------------------------------------- Charge
(Count 1): Conspiracy to Possess with Intent to Distribute a
Controlled Substance
~ Attempt to purchase 300 pounds of marijuana, $276,978 in cash
seized ~
Felony: Imprisonment for not less than 5 years and not more
than 40 years and a fine of up to $2 million dollars
Charge (Count 2): Attempt to Possess with Intent to Distribute a
Controlled Substance
Felony: Imprisonment for not less than 5 years and not more
than 40 years and a fine of up to $2 million dollars
Court: United States District Court - Eastern District of Michigan
Disposition: Plea bargain, guilty to Count 1, dismissal of
Count 2, sentencing agreement to 27 months prison,
Court agreed to recommend comprehensive drug treatment program entitling
the defendant to complete incarceration in 18 months.
$100 fines and costs. ------------------------------------------------- November
2007
Charge (Count 1): Assault With a Dangerous Weapon (Felonious
Assault)
Felony: Imprisonment for not more than 4 years or a fine of not
more than $2,000.00, or both
Charge (Count 2): Assault With a Dangerous Weapon (Felonious
Assault)
Felony: Imprisonment for not more than 4 years or a fine of not
more than $2,000.00, or both
Charge (Count 3): Felony Firearm
Felony: 2 Years consecutively and preceding any term of imprisonment
imposed for the felony or attempted felony conviction
Court: Wayne County Circuit Court
Preliminary Examination Held; Motion to Dismiss: DENIED
TRIAL: Two day Jury Trial
Disposition: NOT
GUILTY -------------------------------------------------
Charge: Possession of a Controlled Substance
Felony: Imprisonment
for not more than 4 years or a fine of not more than $25,000.00, or both
Court: Oakland County Circuit Court
Disposition: Deferment under MCL 333.7411 such that upon the expiration of
18 months probation and compliance with court ordered terms and conditions, the
charges against the defendant
will be DISMISSED
and the record of the proceedings shall remain non-public. Note:
MCL 333.7411, commonly referred to as "7411", is a deferment
statute designed to avoid a conviction on
one's public criminal record. A 7411 plea need not be disclosed to
potential employers and, assuming successful
completion of probationary terms, the record will be non-public with no
adjudication of guilt.
Additionally, a 7411 plea will not be reported to the Secretary of State
thereby avoiding a mandatory 6 month license suspension.
A 7411 plea is, however, considered a guilty plea in some instances,
including for police, military, immigration and other state functions,
and may be used against a defendant in unrelated and subsequent criminal
proceedings. ------------------------------------------------- December
2007
Charge (Count 1): Breaking & Entering a Motor Vehicle with
Damage/Larceny from a Motor Vehicle
Felony: Imprisonment for not more than 5 years or a fine of not
more than $10,000.00, or both, regardless of the value of the property
Charge (Count 2): Malicious Destruction of Property ("MDOP")
$200.00 or more but less than $1,000.00
Misdemeanor: Imprisonment for not more than 1 year or a fine of
not more than $2,000.00 or 3 times
the amount of the destruction or injury, whichever is greater, or both
imprisonment and a fine
Court: Washtenaw County Circuit Court; District Court Proceedings
Disposition: Plea bargain, dismissal of Felony charge, plea of
no contest to two Misdemeanor
MDOP counts. Probation, restitution, no jail. ------------------------------------------------- January
2008
Charge (Count 1): Carrying a Concealed Weapon (CCW)
Felony: Imprisonment for not more than 5 years or a fine of not
more than $2,500.00, or both
Charge (Count 2): Open Intoxicants in a Motor Vehicle
(Misdemeanor)
Court: Wayne County Circuit Court
Disposition: Plea bargain, dismissal of
Misdemeanor charge, guilty to Attempt CCW. Probation, no jail. -------------------------------------------------
Charge (Count 1): Carrying a Concealed Weapon
Felony: Imprisonment for not more than 5 years or a fine of not
more than $2,500.00, or both
Charge (Count 2): Felon in Possession of a Firearm
Felony: Imprisonment for 5 years or $5,000, or both
Charge (Count 3): Felony Firearm
Felony: 2 Years consecutively and preceding any term of imprisonment
imposed for the felony or attempted felony conviction
Court: Wayne County Circuit Court
TRIAL: Two day Jury Trial
Disposition: NOT GUILTY
as to Count 2, NOT GUILTY
as to Count 3, GUILTY as to Count 1 only. Probation, no jail.
Note: The jury's verdict in this case suggests that while the defendant
"carried" a concealed weapon, he somehow did not
"possess" it, which is not
only confusing but highly noteworthy because, had the jury
found "possession", the defendant faced a minimum of two (2)
years in prison.
Based on the jury verdict, the defendant's sentencing guidelines started
at zero (0) months of jail and capped out at seven (7) months . -------------------------------------------------
Charge:
Uttering and Publishing
Felony: Imprisonment in the state prison not more than 14 years
Court: Oakland County Circuit Court
Disposition: Deferment under the Holmes Youthful Trainee Act
("HYTA"), such that upon the expiration of
one year with compliance with court ordered terms and conditions, the
charges against the defendant
will be DISMISSED
and the record of the proceedings sealed.
-------------------------------------------------
Charge (Count 1): Home Invasion First Degree
Felony: Imprisonment for not more than 20 years or a fine of not
more than $5,000.00, or both
Charge (Count 2): Assault With a Dangerous Weapon (Felonious
Assault)
Felony: Imprisonment for not more than 4 years or a fine of not
more than $2,000.00, or both
Charge (Count 3): Carrying a Concealed Weapon with Unlawful
Intent
Felony: Imprisonment in the state prison for not more than 5 years
or by a fine of not more than $2,500.
Charge (Count 4): Carrying a Concealed Weapon
Felony: Imprisonment for not more than 5 years or by a fine of not
more than $2,500.00.
Charge (Count 5): Felony Firearm
Felony: 2 Years consecutively and preceding any term of imprisonment
imposed for the felony or attempted felony conviction
Court: Macomb County Circuit Court
Preliminary Examination Held; Motion to Dismiss: DENIED
Disposition: Plea bargain, dismissal of Counts 1 and 5; guilty to Counts
2, 3, 4 and added Count 6 of Home Invasion Third Degree.
Probation, no jail.
-------------------------------------------------
April 2008
Charge: Delivery/Manufacture Cocaine Less Than 50 Grams
Felony: Imprisonment for not more than 20 Years or $25,000.00, or both
Court: Washtenaw County Circuit Court; District Court Proceedings
Preliminary Examination Held; Motion to Dismiss: GRANTED
Disposition: DISMISSED based on failure
to
establish a sufficient nexus between the defendant and the contraband.
-------------------------------------------------
Charge: Breaking & Entering a Motor Vehicle with
Damage/Larceny from a Motor Vehicle
Felony: Imprisonment for not more than 5 years or a fine of not
more than $10,000.00, or both, regardless of the value of the property
Court: Oakland County Circuit Court; District Court Proceedings
Disposition: Plea bargain, dismissal of Felony charge, guilty to
Misdemeanor
Malicious Destruction of Property. $500 fines and costs,
restitution, no jail, no probation. *The
above cases represent ALL the felony criminal matters that Marc Beginin
handled and were disposed of during the timeframe provided.
*The parties to the above cases are not provided to protect the rights
of those accused.
*The results above are not guarantees of
future performance.
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