Legal Question in Criminal Law in Michigan

We rented out to tenants who had marijuana in there area, we never knew about this, we did not have access to there area, and we did not live at the building full time, we just took care of it, my fiance singed off as the agent on the lease, this was not our building. He went outside and shot off a shotgun to blow the gutter off our building because it was leaking, stupid I know. However the DEA was across the street on an anonymous drug tip, my fiance just thought they came rushing over because he shot of in city limits, he then talked to them answered all of there questions and made statements, they asked if he knew the men renting and discribe them, they showed him the pictures of the men and asked him many questions, he did not feel threatened so he answered. He let them also search without a warrant, they found all the marijuana, and could not acess that part of the building with his keys. They twisted his statements at trial, we had a lawyer who has only been practicing for a short while so did not know much, but we had no money, so they twisted his statements, and made him look like the bad guy, the people whom the police know owns this operation are not being charged or even brought in for questioning. At the day trial was supposed to be september 2, 2009 my lawyer folded, they were playing the video walk through of the operation, which shows nothing incriminating against my fiance. But my lawyer did not know that because we could not get the video even after we had to subpeona it. He advised him to take the plea agreement and scared him, saying you will not win at trial and you will do 7 years for this instead of 2 that they are offering you. so he plead guilty. I know that you can recant a plea but the chance of that is slim. Besides if he loses at trial then he goes for 7. There is no evidence really against him except for his statement, they took a picture of him shooting at the gutter saying that he was shooting at them, they twisted his statements to fit there needs, and they basically backed him into a corner. They said in the transcript that my fiance did not have any keys or any access in any of the individual rooms where the marijuana was, then they have pictures of his keys in the locks to some of the rooms, any master key will fit in any master lock it just wont open it. I believe this is a vast conspiracy just to gain a case. The people who originally own this I believe got caught and made my fiance there fall guy and that is why they are not being charged. Also is there anyway to get the plea agreement lessened? Or is there a way that he could do house arrest for a mandatory sentence with a firearm? He has medical conditions with his heart as well. I don't know what I can do anymore, I even wrote a letter to the president, but no one is helping us. Please is there anything we can do? And is there any way at all that he can serve a mandatory on house arrest with a fine?? Thank you, Amber.


Asked on 9/19/09, 11:21 pm

1 Answer from Attorneys

Timothy Klisz Klisz Law Office, PLLC

Your post was a bit confusing, but I guess that your fianc�e shot a gun? That is a hard time 2 year felony. See Plaxico Burress in New York. Good luck. www.kliszlaw.com. Tim Klisz

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Answered on 9/25/09, 8:17 am


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