#neil rockind

[articlesonline]

Ordinances have sprung-up across the state to truncate the scope of the MMA. Bloomfield Hills, for example, passed an ordinance in October requiring card-carrying certified medical marijuana users to register with the Bloomfield Township Police Department. The ordinance also requires the submission of a form to the police disclosing the "patient's" drivers license number and date of birth, whether the patient owns or rents their home, and identifying how many other patients share their home.

In addition, the ordinance limits the number of medical marijuana patients that can live at one address and prohibits growing medical marijuana anywhere in Bloomfield Township - online dispensary shipping usa . Violation of the ordinance is a 93-day misdemeanor carrying a $500 fine.

Bloomfield Hills is among several municipalities that have passed ordinances that restrict the provisions of the Medical Marijuana Act, criminalize conduct authorized by the Act, or both.

Now the ordinance is the subject of a lawsuit filed against the township by two crafty [their "clients" are John and Jane Doe] veteran criminal defense attorneys: Tom Loeb and Neil Rockind. The lawsuit, undoubtedly heading to the Michigan Supreme Court, does not seek money damages but rather, declarative and injunctive relief.

[collegenewsupdates-blog]

Wayne Law alumnus brings ferocity to court to defend clients

Law School News Return to News Listing Wayne Law alumnus brings ferocity to court to defend clientsMarch 10, 2016 Criminal defense attorney Neil Rockind has found his calling standing up for the underdog. A 1993 alumnus of Wayne State University Law School, Rockind has turned his inborn capacity for verbal combat into an award-winning career…

Wayne Law alumnus brings ferocity to court to defend clients

[neil-rockind]

Top White Collar Criminal Defense Lawyer | White collar crime is a term often used to describe nonviolent, financial crimes. Sometimes the cases involve fraud, theft, wire and bank fraud, embezzlement, false pretenses, money laundering and identity theft/fraud.  In 2017, Neil Rockind was named a Top White Criminal Defense Lawyer by.... Post has been published on Rockind Law

New Post has been published on http://www.rockindlaw.com/top-white-collar-criminal-defense-lawyer/

Top White Collar Criminal Defense Lawyer

White collar crime is a term often used to describe nonviolent, financial crimes. Sometimes the cases involve fraud, theft, wire and bank fraud, embezzlement, false pretenses, money laundering and identity theft/fraud.  In 2017, Neil Rockind was named a Top White Criminal Defense Lawyer by DBusiness Magazine.  This honor was extended to only a handful lawyer’s in the state and Rockind Law’s Neil Rockind was among them.  Want evidence that the title and honor were well deserved, look no further than Rockind’s most recent trial, the acquittal of a general manager accused of Embezzlement Over $100,000 from his former employer.  The trial lasted 2 weeks and according to many observers, Rockind’s skill and expertise in defending white collar cases and in trying cases were key factors in the outcome, a straight acquittal.  From demanding records, getting discovery, developing a strategy, developing a theme to trying the case, Rockind was ready and prepared to get justice in this white collar embezzlement case and justice he obtained — a not guilty verdict returning the client’s life, liberty and reputation to the client. An article about the acquittal can be found here http://www.lansingstatejournal.com/story/news/local/2017/09/21/jury-finds-howell-man-not-guilty-embezzlement-capitol-harley-davidson/688299001/

Today, in his role as the WDIV legal expert, Rockind offered his expert opinion on another white collar case, this one from federal court. Two young men were charged with identify fraud and Rockind, relying on his legal expertise and experience, offered his opinion on the case .  The article can be found here. https://www.clickondetroit.com/news/detroit-identity-thieves-caught-in-alabama-up-to-117-identities-stolen-

Any way you slice it, Neil Rockind is prepared to take on your white collar case and bring all of his expertise to your case. Give him and our team a call at 2482083800. 

[neil-rockind]

What Happened In The ATV Investigation In Detroit? | Will law enforcement members protect one another in an investigation of a fellow law enforcement officer?  That is an age old question and one that is currently being confronted in an investigation of a Detroit teen who was killed by a state police officer while riding an ATV.  As revealed by.... Post has been published on Rockind Law

New Post has been published on http://www.rockindlaw.com/happened-atv-investigation-detroit/

What Happened In The ATV Investigation In Detroit?

Will law enforcement members protect one another in an investigation of a fellow law enforcement officer?  That is an age old question and one that is currently being confronted in an investigation of a Detroit teen who was killed by a state police officer while riding an ATV.  As revealed by The Detroit News in its article of today, ATV Article in Detroit News, one of the issues that is being investigated is whether a Sergeant that responded to at the scene of the incident discarded evidence in the case.  Rockind Law is not making any allegation of impropriety but the question is being asked, at least by The Detroit News.  Here is a portion article drawing attention to this issue:

Meanwhile, Detroit police are investigating a state police sergeant who allegedly discarded evidence from the scene, three Detroit police sources involved in the case told The Detroit News.

Before Detroit and state police launched separate criminal investigations into Damon Grimes’ Aug. 26 death, the sergeant, a supervisor who had responded to the scene, collected one of the stun gun’s wires and prongs and later threw them into a trash can at a state police post, the sources said.

Investigators are trying to determine whether the sergeant was trying to cover up evidence, or was simply being careless by throwing the wire away, the sources said. The other wire used in the incident was left at the scene and taken into evidence, the sources said.

Detroit police detectives plan to submit warrant requests to prosecutors seeking charges against the sergeant, the driver of the state police cruiser and the passenger who deployed the stun gun, the sources said.

Typically, the state police are called in to investigate cases in which other police departments are conflicted due to a member’s use of force.  They are called in to provide objectivity and a fresh set of unbiased eyes in the investigation.  Here, however, the question that the Wayne County Prosecutor’s Office will undoubtedly ask is why, when one its own officers used force and was under investigation, did a fellow member of the state police get involved.

It is a question that Rockind Law and Neil Rockind asked in a similar situation in a recent jury trial in Oakland County.  In the case of the State of Michigan vs Charles Warren, a/k/a the Trailer and Trooper Chad Wolf case in which Warrant was acquitted of any criminal wrongdoing related to the death of Trooper Wolf, Rockind raised this issue during the trial with the lead investigator and state’s expert, both members of the Michigan State Police.  Rockind queried why, if the MSP are called into investigate other police department’s use of force due to the potential conflict of interest, the MSP would investigate its own cases?  Were they above the human emotion of being conflicted? Where they above the human emotion of revenge? Of course not yet they persist in conducting the investigation.

Rockind Law cannot say and is not saying that there was any impropriety in the events that took place in Detroit, with the ATV death investigation or with the Sergeant being involved at the scene.  However, The Detroit News has highlighted this case and the investigation by the Detroit Police and Wayne County Prosecutor’s Office and that investigation raises additional questions that may be worth answering.

When someone’s liberty and life are on the line, an independent investigation is necessary and demanded.  Anything less demeans the value of the consequences of the investigation.  If the MSP involves itself in conflict of interest situations, shouldn’t the MSP disqualify itself in conflict of interest situations with its own officers.  The answer seems obvious to us.  How about you?

[neil-rockind]

Three Acquittals In A Short Period - Unparalled Results | It’s a huge accomplishment for any lawyer or law firm to obtain an acquittal for a client in a big case. To obtain two within months, I mean headline acquittals is almost unheard of but to obtain 3 within 3 months? I’ve heard of few if any law firms and lawyers who have pulled off.... Post has been published on Rockind Law

New Post has been published on http://www.rockindlaw.com/three-acquittals-in-a-short-period-unparalled-results/

Three Acquittals In A Short Period - Unparalled Results

It’s a huge accomplishment for any lawyer or law firm to obtain an acquittal for a client in a big case. To obtain two within months, I mean headline acquittals is almost unheard of but to obtain 3 within 3 months? I’ve heard of few if any law firms and lawyers who have pulled off that accomplishment.  Between May, 2017 and September, 2017 (3 months) Rockind Law and Neil Rockind accomplished that very feat. 

In May, 2017: Rockind obtained an acquittal in the highest profile and most televised trial in recent memory, the case involving the death of Trooper Chad Wolf. That acquittal took the general public by surprise.  To those that watched the trial or watched it on television, knew that an acquittal was the correct verdict but to the public, those uninformed about the facts of the case, they wanted our client convicted and locked up.  

The outcome: Not Guilty.

In August, 2017: We tried a false allegation of child neglect case.  Neil Rockind tried the case and obtained a dismissal and acquittal within minutes of the conclusion of the trial.  

In September, 2017: We tried a white collar embezzlement/fraud trial in which our client was accused of stealing via fraud $280,000 worth of parts from a dealership.  The employees and owners of the company testified against our client. One by one, we revealed the witnesses lack of credibility.  Observers relayed their opinions to other interested persons that they didn’t believe any of the state’s witness’s.   In the end, the jury acquitted — a verdict that made the headlines again because of the infrequency with which the prosecutor’s office loses cases. 

In the end, we pulled off a hat trick: three acquittals in approximately 3 months.  Few if any lawyer’s can pull that that off . … Rockind Law and Neil Rockind can and did.  Those that watched the trials commented that watching Rockind in trial was like “watching a movie”,  “watching a once in a generation lawyer”, “observing a master at work”, etc.   

All lawyers are not the same. Rockind and Rockind Law are unique.  You can’t afford to not contact us about a criminal case. Call us at 2482083800. 

[neil-rockind]

Plan would force Detroit businesses to pay for Project Green Light security | Businesses open past 10 p.m. would be required to pay to join program DETROIT – Project Green Light has been a huge success in helping police monitor crime by putting high-definition security cameras in Detroit businesses. The project has grown exponentially over the past few years, but.... Post has been published on Rockind Law

New Post has been published on http://www.rockindlaw.com/plan-would-force-detroit-businesses-to-pay-for-project-green-light-security/

Plan would force Detroit businesses to pay for Project Green Light security

Businesses open past 10 p.m. would be required to pay to join program DETROIT – Project Green Light has been a huge success in helping police monitor crime by putting high-definition security cameras in Detroit businesses.

The project has grown exponentially over the past few years, but now there’s a plan in the works that would take it even further.

A new ordinance would require any Detroit business open past 10 p.m. to be part of the Project Green Light program and pay the fees that come with it. Some people see the ordinance as a forced tax on their business.

Business owners would have to pay between $4,000 to $6,000 to become part of the program, and some said that’s too much money. Many already have surveillance cameras installed.

Others believe business owners should be required to join Project Green Light to help the city prevent crime.

Paul’s Pizza is a long-standing business in Southwest Detroit, and a newer partner in Project Green Light.

“It seems like as soon as we got it, everybody was, like, ‘Alert, don’t do anything bad around here,'” general manager Joshua Casias said.

The business is open after midnight and has been in the community for 55 years serving hand-tossed pizzas. Casias said he has noticed a decline in crime since installing the cameras. Casias said they paid $6,000 upfront, all for the potential mandate requiring other businesses to do the same.

“That one-time fee can save you a lifetime of headaches,” Casias said.

He said it was weird at first to know you’re constantly being watched by the Detroit Police Department, but has grown accustomed to it and appreciates the program.

“It makes it easier for them to do their job and keep an eye on things,” Casias said. “You just go about your daily routine and you’re not really doing anything wrong, you don’t have anything to worry about, but if I was on the other end and I’m a criminal, I’d want to stay away.” But Besnik Hyseni, the owner of Colobo’s Coney Island, which is open 24 hours, doesn’t agree.

“Forcing businesses, I don’t agree with it,” Hyseni said. “Businesses shouldn’t be forced to do that because some of them cannot afford it.”

Their restaurant has eight surveillance cameras, which cost $3,000.

“If police are going to bring their own cameras here, and it’s going to cost me one to two thousand plus a monthly fee, that’s way too much for us,” Hyseni said.

He’s also concerned about if it’s worth the money.

“If 200 businesses all have the program, how are the police going to monitor that?” he asked. 

Detroit police Chief James Craig said he thinks the ordinance is fair.

“I think you’ve heard me say this from the beginning,” Craig said. “I said be a good neighbor, and being a good neighbor is creating a safe environment for people who live in the neighborhood.”

Local 4 legal expert Neil Rockind said it’s not legal.

“You cannot, even if you have the very best of intentions, require businesses and business owners to expend money to install equipment that will inevitably invade their privacy and privacy of their customers,” Rockind said. “This is an equivalent of a tax and it’s an ongoing tax and it’s a tax that business owners would have no option but to pay. Everything I’ve heard and has been said to me about this program stinks of an invasion of privacy and unconstitutionality.”

Rockind referred to the program as “big brother.”

“It appears to be an effort by the city of Detroit to engage in a 1984 big brother surveillance,” he said.

The Detroit Police Department has recently worked with Comcast, which is now offering a program to help reduce the cost of the program. It would be a $995 down payment with a cost of about $140/month.

The proposal is currently being drafted by city council member, Andre Spivey, and is set to be before the council for a vote within the next few months. 

Whether or not the ordinance passes is still up in the air, but some business owners said if it does pass, they will be forced to close at 10 p.m.

A lawyer said the ordinance could be legal if the city provides rebates on taxes or a write-off, but the fact that it’s a mandate and not voluntary makes it problematic.

http://www.clickondetroit.com/news/plan-would-force-detroit-businesses-to-pay-for-project-green-light-security

Via ClickOnDetroit

[neil-rockind]

Confronting An Apparent Gang Member On Cross Examination (Press - CG Newspaper) | Here is an article from the C&G Newspaper about the so-called Bar 7 Shooting case in which I cross examined a difficult witness, i.e., an apparent gang member that video evidence shows played a role in the incident.  Here is the article (enjoy): Bar 7 pretrial extended to fourth day, defense.... Post has been published on Rockind Law

New Post has been published on http://www.rockindlaw.com/confronting-apparent-gang-member-cross-examination-press-cg-newspaper/

Confronting An Apparent Gang Member On Cross Examination (Press - CG Newspaper)

Here is an article from the C&G Newspaper about the so-called Bar 7 Shooting case in which I cross examined a difficult witness, i.e., an apparent gang member that video evidence shows played a role in the incident.  Here is the article (enjoy):

Bar 7 pretrial extended to fourth day, defense claims gang activity

By Kayla Dimick

SOUTHFIELD — The pretrial for the brothers accused of injuring three men during a shooting at a local bar has been scheduled for its fourth hearing.

The brothers, Alonzo Beckom and Carlos Beckum, appeared before Judge Shelia Johnson April 19 in 46th District Court for a continuation of their probable cause hearing from March 22.

Beckom, 21, and Beckum, 24, both of Detroit, were arrested Dec. 1 in connection with a Nov. 19 shooting at Bar 7, 24528 W. 12 Mile Road. Police say the brothers are responsible for shooting three men during an altercation at the bar. The injuries were not considered life-threatening.

At their arraignment Dec. 2 in front of Magistrate Robin Dillard-Russaw, the men were charged with three counts of assault with intent to murder, three counts of felony firearm and one count of discharge of a firearm in an occupied building. Bond was set at $500,000 cash or surety during the arraignment.

At their March 22 hearing, Johnson decided to lower the men’s bond to $100,000. She ordered the men to not have contact with any of the police officers involved in the case, any shooting victims or any Bar 7 employees.

The men will wear tethers through the duration of their trial, and they cannot use any drugs or alcohol, she said.

On Feb. 15, Detective Michael Morrish, of the Southfield Police Department, was the first and only person to testify. Morrish told the court that he obtained surveillance video from inside and outside the establishment. Morrish said he works as a digital forensic examiner at the Southfield Police Department, examining cellphones, computers and information systems for the department.

The surveillance video appears to show Beckom and Beckum entering the building, an altercation that leads to the shooting, the men firing the shots, people falling to the floor, and the two men exiting the building, Morrish said.

During the March 22 hearing, Morrish continued testimony from Feb. 15. The defense team took issue with the fact that Morrish was present in the hospital room while officers were interviewing the men involved in the altercation.

Also during the March 22 hearing, one of the men involved in the altercation testified. The man told the court that he does not remember words being exchanged between his group and Beckom. He said he remembers being shot, however, and talking to people he was with, but he does not remember the specifics of the incident. He told the court he was shot from behind, in the back of his upper thigh.

The man’s cross-examination testimony was continued to April 19 due to time constraints.

Defense attorney Neil Rockind, representing Beckom, questioned the witness about his role in the altercation at the bar.

The witness stated that he was not involved in the altercation because he was “minding his own business.” He said he was drunk during the incident.

“I didn’t even get a chance to touch nobody,” the witness said on the stand.

Rockind told the witness he believes that the witness lied to police at the hospital about the names of the other men involved in the altercation.

“I only know them by their nicknames,” the witness testified. “John, Bob …”

“It sounds like you’re making this up,” Rockind said.

The witness said that he told the police he saw someone fighting and saw a gun pulled out, but doesn’t remember who did what or the descriptions of the people.

“You swear on your oath that you did not do anything — advance, move forward or anything else in a threatening or aggressive way, is that right?” Rockind asked. The witness agreed.

About 30 minutes into testimony, the witness was shown a photo of the group of men involved in the altercation with Beckom. He said he couldn’t identify who was in the photo because it was blurry, but he was eventually able to identify someone he knew.

Rockind pointed out that the man the witness identified was wearing a necklace with No. 44 on it. Rockind suggested that the necklace could be gang-affiliated.

“I don’t know what his chain mean,” the witness said.

Rockind showed the court a portion of the video that he claimed shows the man wearing the 44 necklace and the witness flashing the No. 4 hand sign to each other. The witness denied that happened.

The witness denied the interaction at first, but later admitted to holding up the number. He said the No. 4 does not have any significance to him, and that he could have just been talking about numbers.

“What you’re trying to do is make it seem like I’m throwing up a gang sign. I’m not throwing up a gang sign,” the witness said.

On the stand, the witness told the court that he had been willing to lie the night of the shooting to get the police out of his face.

The second witness to testify April 19 said he was at Bar 7 the night of the shooting, but said he doesn’t remember much from the night because he was drunk.

He said he remembers running when the shots were fired, punching someone and going to the hospital. The witness testified that his right elbow was grazed with a bullet the night of the shooting.

After around an hour of testimony, Johnson decided to continue witness testimony at 10 a.m. May 12 due to time constraints.

David Rosenberg, the defense attorney for Beckum, could not be reached for comment by press time.

About the author

Staff Writer Kayla Dimick covers Southfield, Lathrup Village and Southfield Public Schools. Kayla has worked for C & G Newspapers since 2014 and attended Oakland University and St. Clair County Community College.

http://www.candgnews.com/news/bar-7-pretrial-extended-fourth-day-defense-claims-gang-activity-101006

[neil-rockind]

A Dilute Peppers, What Does It Mean | It was all over my feed today: Jabril Peppers, Michigan star, tested positive with a dilute sample! Peppers tested positive! It was enough to make a scientist vomit or in my case, a trial lawyer (that loves science but hates the way that the police abuse it) rush to address it in this blog. A.... Post has been published on Rockind Law

New Post has been published on http://www.rockindlaw.com/dilute-peppers-mean/

A Dilute Peppers, What Does It Mean

It was all over my feed today:

Jabril Peppers, Michigan star, tested positive with a dilute sample!

Peppers tested positive!

It was enough to make a scientist vomit or in my case, a trial lawyer (that loves science but hates the way that the police abuse it) rush to address it in this blog.

A dilute is not a positive test. Period. End of discussion. Let me repeat myself: a dilute sample is not a positive test.  While some judges and perhaps even the NFL “treat” a dilute sample as a positive sample, it most assuredly is not.

A positive sample is a sample that after being properly collected is subjected to a test that reveals that the sample contains a prohibited substance.  The legal system and the NFL have protocols for testing samples.  Some of the methods are validated and scientifically acceptable while some are not.

I suspect that the legal system has a less reliable and robust testing program than does the NFL which is a sad commentary.  The legal system wants efficiency, speed, value and perfection.  None of these concepts are consistent with robust scientific principles and techniques.  Science is imperfect.  This is what makes the NFL’s policy so absurd and disturbing — it is not based on science and in fact runs contrary to established scientific and drug testing principles.

A Dilute Sample Explained

A dilute sample is just that — a sample that contains too little creatinine, a substance found in the urine.  The problem is that different people have different creatinine levels. Some naturally low.  Some naturally high.  Moreover, creatinine levels can vary within one person multiple times a day depending on diet, exercise, health, kidney function and hydration.   A dilute sample means that the urine itself, according to the testing protocol, contained too much liquid and not enough creatinine or concentrate.  Think light yellow versus dark yellow if you need a visual.

Redwood Laboratories, one of the testing companies whose results I have challenged many times in court, describes creatinine and dilute thusly:

Creatinine: In general, creatinine is a metabolic byproduct of muscle metabolism which normally appears in urine in relatively constant quantities over each 24 hour period. Therefore, urine creatinine can be used both as a marker to specifically identify a specimen as urine, and as an indicator of urine water content (dilution). “Normal” random urine specimens will generally have urine creatinine levels of greater than 20 mg/dL, while specimens with creatinine levels between 10 and 20 mg/dL may be due to increased liquid consumption, dietary habits, or liquid ingestion preferences. Urine specimens with creatinine levels between 2 and 10 mg/dL are usually a result of ingestion of large volumes of water (or other liquid), termed short term water loading. This is a very common practice when attempting to dilute a urine so that any drugs in the urine will be diluted below analytical testing cutoff levels. Urine creatinine levels below 2.0 mg/dL indicate the specimen is not consistent with human urine.

Some people produce low creatinine.  Others have low creatinine due to innocent overhydration.   Studies have shown that following a regular diet of consuming 5-6 full glasses of water before noon can cause a low enough creatinine level to “dilute” a urine test.  According to the DOT (Department of Transportation), a dilute is not treated as a positive because from a scientific standpoint, they aren’t the same.  A dilute is a sample that the authorities claim cannot be adequately tested while a positive is evidence of drug use.  Unfortunately, the NFL uses an approach that tosses science out the window and instead conflates the two.  This is bad science.  Its like declaring 2+ 2 = 5 a correct answer because the person taking the quiz didn’t put 2+2 = 4 and its “close enough.”  I’m sorry but they aren’t the same.  A dilute is a dilute while a positive is a positive.  The twain shall never meet.

Unfortunately, many innocent people have been wrongly accused of being “positive” due to low creatinine urine samples.

http://www.prnewswire.com/news-releases/delta-drug-testing-debacle-airlines-bad-drug-testing-policies-hurt-good-employees-says-association-of-flight-attendants-72794597.html

and

https://nwlaborpress.org/2001/8-3-01Drugs.html

DOT Policy

The Department of Transportation, the agency that sets many federal drug testing protocols embraces the possibility that people will submit diluted samples and warns explicitly that a dilute sample is not a positive sample.  Instead, the DOT provides a protocol — if a dilute sample is provided, the subject shall remain on scene until he can void again and provide a sample that is testable.  But it is never a positive sample merely because it is dilute.

Peppers

Despite billions of dollars and access to the best science available, the NFL embraces a policy that runs contrary to science.  Peppers provided a diluted sample yet he will be treated like he tested positive.  While this is the rule in the NFL, it doesn’t make it supportable or right.   Yes, Peppers will be labeled as having submitted a “positive drug test” but it is not really a positive drug test.  Perhaps either the agent representing him or even the NFL would have insisted on a retest immediately to clarify the diluted sample … if they could.  Yet, none did.

But in this case, Peppers is diluted which means he is positive which is really not true.

[neil-rockind]

Identity Crisis: The State Denies It Is The Government Or The State | We know who the government is, right?  If you work for a city, county, state or the federal system, you are a part of the government.  Seems simple enough.  And while there are different levels of government, e.g., state or federal, they are most assuredly the government..... Post has been published on Rockind Law

New Post has been published on http://www.rockindlaw.com/identity-crisis-the-state-denies-it-is-the-government-or-the-state/

Identity Crisis: The State Denies It Is The Government Or The State

We know who the government is, right?  If you work for a city, county, state or the federal system, you are a part of the government.  Seems simple enough.  And while there are different levels of government, e.g., state or federal, they are most assuredly the government.  Only the government can prosecute citizens for crimes and seek their conviction and incarceration.  So, it’s pretty obvious to who is who … 

Yet recently, a prosecutor took exception to our characterizing the entity prosecuting our client as “the State” or “the government.”  The prosecutor literally typed that they didn’t like being called “the State” or “the government.”  

What?!!!!

Don’t believe me, read it yourself:

Talk about self-loathing. If you prosecute people, you are the State or the government. Period.  

Instead, the prosecutor wanted to cling to a “we are we people” fiction.  Sorry, when cases end up in the federal system or in the US Supreme Court, they are characterized by the “State versus….” and the positions taken by the prosecutors are characterized as “the State argues…”.  

The reason is simple: The People don’t put other in jail but rather the government or State does.  I’ve seen many head turning phrases in pleadings but not one like this. 

[neil-rockind]

Social Media Posts That Admit Crimes | Instagram. Facebook. Twitter. With a button, people can share personal information in s second. The problem with things that you can do in a second is that they don’t require much thought beforehand.  Check that … any thought at all.  With freedom comes danger and social media is.... Post has been published on Rockind Law

New Post has been published on http://www.rockindlaw.com/social-media-posts-admit-crimes/

Social Media Posts That Admit Crimes

Instagram. Facebook. Twitter. With a button, people can share personal information in s second. The problem with things that you can do in a second is that they don’t require much thought beforehand.  Check that … any thought at all.  With freedom comes danger and social media is freedom but dangerous.

Everyday I see people posting questionable things on social media. Inappropriate comments, pictures, stories and admissions. Admissions to bad thoughts, bad conduct and yes, even crimes.  Some people post things so obvious, e.g., threats and even murder, it reveals a pathology: a desire to broadcast their misdeed. Others post criminal acts recklessly. Take this photo and post:

It’s illegal to bring in food from a foreign country without declaring it. One must even swear an oath that they are not, if I recall correctly.  Yet, this poster posted on social media that he/she had done just that. Sure they claimed that it was “forgotten” but it was packed which may reveal an intent to import it.

Will they be prosecuted? Probably not.

Will they be arrested? Probably not.

However, there are no guarantees and other than a “good” story about lax security at the airport or border, what was to be gained by accepting the risk.  People are well aware the government has enhanced surveillance and data collection techniques that could well allow them to access this information and create trouble for the poster.  Likewise, one of the poster’s social media contacts, e.g., foe, ex-wife, jilted lover, etc., could easily turn him/her into the authorities.  Then, the poster would be kicking himself or herself for the post since there was nothing to be gained from it in the first place.

In then end, the fact that one can post something to instagram doesn’t that he/she should.  Think before you post.  If its not something that you want to share with the government, why share it with anyone let alone the public?  You shouldn’t.

  Neil Rockind

[neil-rockind]

Can I Switch Lawyers? | Be careful.  I can’t stress this enough.  So many people hire the wrong lawyer to start their case and then at the 11th hour, they decide to change lawyers … to improve their position … to get the right person involved.  While you can always change lawyers, be mindful that you.... Post has been published on Rockind Law

New Post has been published on http://www.rockindlaw.com/can-switch-lawyers/

Can I Switch Lawyers?

Be careful.  I can’t stress this enough.  So many people hire the wrong lawyer to start their case and then at the 11th hour, they decide to change lawyers … to improve their position … to get the right person involved.  While you can always change lawyers, be mindful that you should treat your case seriously from the start by hiring the right lawyer from the start.

Hire the right lawyer from the start.

This is easier than you think.  Many people understandably panic when arrested or charged with a crime.  Fear, stress, anxiety and other feelings overwhelm and the need to hire a lawyer immediately overwhelms.  This is normal.  However, few good decisions are made while in a state of panic.

Rather than panic and make a emotional decision, take a night or two to let things marinate.  While this may be difficult, this waiting or cooling off period will prove invaluable.  It will give you time to get recommendations, research lawyers, research online and ask around.  By doing that, you can avoid being misled into hiring the lawyer that your workout partner recommended to you.  In a panic, your gym partner’s recommendation seems valuable and reliable but with research you’ll learn that maybe he or she is a friend, classmate or relative of the gym partner.  Maybe you’ll learn that the lawyer did a small case, e.g., traffic ticket, for the gym partner.  Neither being a relative or having handled a traffic ticket warrants being hired on a major or serious case.

The waiting period also allows you an opportunity to assess what court you’re in, where the case is located, who the prosecutor may be and what the consequences are for you.  Some lawyers are simply better in some jurisdictions than in others.  A lawyer that only handles juvenile matters may not be qualified to handle a case in Oakland County Circuit Court.

  The waiting period also permits you to avoid hiring or being represented by your “family lawyer.”  I’m not sure what a family lawyer is but based on my experience, its someone that does business or corporate work for your mother or father and has agreed to handle the matter for you.  A family connection may give the lawyer familiarity with you and your family but not necessarily with the practice area, serious criminal defense.  Don’t let a “family lawyer” take over your case because your parents said you should have this person … its your life, take responsibility over who defends you.

Last, money.  The waiting period will allow you to gather money and funds to hire the right lawyer.  Many people want to be economical when hiring a criminal defense lawyer.  You wouldn’t be economical with a surgeon so why be with someone that will have your life in their hands legally.  Save your money.  Please.  You’ll need it and the successor lawyer, when you ultimately get around to replacing the first lawyer with someone like me/us, you won’t receive a credit towards the successor lawyer’s fees for the money wasted on the first.

Moreover, there are valuable issues that must be addressed early on.  Preliminary examinations, discovery and report gathering and evidence preservation are just a few of the few of the things that must be done immediately.  With judges becoming infrequently more insensitive towards scheduling of cases, you should be aware that you need to use every day you have to your advantage.

Hire the best lawyer you can.  No one ever said, “my lawyer was too good for my kind of case.”

For more information contact Neil Rockind at Rockind Law at 248.208.3800.

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Neil Rockind featured in the Macomb Daily (Press) | Medical marijuana on the rise in Macomb County A portion of the marijuana that was seized by Sterling Heights police at a city home Wednesday. City police say they will issue citations for any location not registered in Sterling Heights. Photo provided by Sterling Heights Police Department As.... Post has been published on Rockind Law

New Post has been published on http://www.rockindlaw.com/neil-rockind-featured-macomb-daily-press/

Neil Rockind featured in the Macomb Daily (Press)

Medical marijuana on the rise in Macomb County A portion of the marijuana that was seized by Sterling Heights police at a city home Wednesday. City police say they will issue citations for any location not registered in Sterling Heights. Photo provided by Sterling Heights Police Department As the number of medical marijuana caregivers and patients in Macomb County and across Michigan continues to increase, more changes are in the works for the 2008 voter-approved law that legalized medical marijuana in Michigan.

New laws passed last fall regulate the growing and distribution of medical marijuana in Michigan and allows for provisioning centers. It’s the latest change in state statues aiming to clarify the 2008 ballot proposal.

The new regulatory system, expected to be in place by the end of the year, is hoped to bring order to medical marijuana distribution. The lack of, or vagueness, of regulations has been criticized for leading to criminal prosecutions of people who thought they were complying with the intent of the ballot proposal. Many of those prosecutions remain unresolved.

Passed last year, the new laws seek to create a tightly controlled system for making and distributing medical marijuana, cited by advocates as easing complications from numerous medical conditions.

The newest legislation establishes licensed growers that can sell to licensed processors or dispensaries, who then sell to patients and caregivers.

Until now, growing medical marijuana has been limited to licensed patients or caregivers, with limits on the number of plants and — for caregivers — limits on the number of registered patients.

Growing demand

The demand for marijuana as medicine as grown significantly from 2011 through 2016. Statewide, there were 218,556 medical marijuana patients in 2016. That’s up significantly from the preceding year, when there were 182,081 patients, and the 96,408 in 2014.

The number of caregivers also grew for the third consecutive year, from 22,966 in 2014; 34,269 in 2015; and 38,107 last year.

Macomb County had 229 registered medical marijuana patients in 2011 and 19,455 in 2016, according to the Michigan Department of Licensing and Regulatory Affairs. The number of caregivers in Macomb last year stood at 3,304.

A sampling of other counties shows:

• Oakland County had 661 registered patients in 2011 and 24,416 in 2016.

• Wayne County had 4,191 registered patients in 2011 and 34,941 in 2016.

In more rural outstate areas, the growth in medical marijuana patients has mostly been slower, but not always:

• Clare County had 825 registered patients in 2011 and 931 in 2016.

• Gratiot County had 738 patients in 2011 and 978 in 2016.

• Isabella County had 148 registered patients in 2011 and 1,113 in 2016.

The new regulations may also be a chance for municipalities, some of which have shunned medical marijuana, to capitalize on taxes and fees from allowing the businesses.

In the past year, local regulations on medical marijuana have been passed in communities including Warren, Sterling Heights, Shelby Township and Center Line.

Warren Mayor James Fouts has been critical of Michigan’s medical marijuana law after its passage, saying it often amounted to “pot for profit.”

After multiple moratoriums by the Warren City Council on new businesses involved in medicinal pot, the mayor pushed the council in 2015 and 2016 to pass an ordinance featuring a series of regulations, including licensing, of medical marijuana. He announced the measures a few days after an explosion at a house that fire investigators said was caused by a buildup of fumes involving the extraction of oil from marijuana plants.

The council eventually approved a medical marijuana ordinance in April 2016.

Council members butted heads with Fouts a few months later. In September 2016, the council changed the portion of the city’s zoning law regarding the distance between medicinal pot facilities and residential neighborhoods, schools, parks, day care centers and recreation centers. The ordinance initially restricted the cultivation of such marijuana to industrial properties located at least 1,000 feet from homes, schools and the other locations. Officials approved a new setback of at least 500 feet from the corner of any building where medical marijuana is grown and processed, to any residential zone or the other types of properties and buildings. Fouts vetoed the measure, insisting the 1,000-foot rule should stand and claimed the 500-foot rule could put medical marijuana facilities too close to homes, parks, schools, churches and day care centers.

In a hastily called special meeting, the council later voted to override the veto.

Meantime, pre-trial work continues in a lawsuit filed in September 2015 against the City of Warren by a group of medical marijuana caregivers who leased space in an office building that was raided twice by police.

The office building, on Hoover Road north of 12 Mile, is owned by attorney Michael Greiner. Greiner, who was deputy mayor to former mayor Mark Steenbergh, leased space where marijuana was cultivated and caregives transferred it to patients. Police executed two search warrants in 2015. Several individuals were issued tickets for use of property without a certificate of occupancy, and city officials reported numerous building code violations.

With Greiner as their attorney, the 23 plaintiffs filed a lawsuit in U.S. District Court against the city, claiming their constitutional rights to due process, equal protection under the law and protection from unreasonable search and seizure, were violated. Defendants include Fouts, Police Commissioner Jere Green, two building inspectors and an undercover detective.

“They could have contacted us. They didn’t have to proceed as if we were criminals,” Greiner said of city officials. “We would have been happy to have police come in.”

The number of plaintiffs has narrowed to those with the strongest claims, he said.

The tickets issued to building occupants have been deferred, pending the outcome of the civil case in federal court.

Lawyers for the city have been taking depositions from plaintiffs. Greiner and another attorney for the plaintiffs, Deborah Gordon, will then question city officials.

“We’re planning on deposing Fouts, so that will be interesting,” Greiner said.

Big marijuana bust

Following voter passage of Michigan’s medical marijuana law, some law enforcement officials lamented it was vague and could be a magnet for other crimes like burglaries and robberies. Sometimes, police don’t know if a marijuana operation being investigated is legal or illicit.

In Sterling Heights, the City Council passed a medical marijuana ordinance in 2014 and updated it in 2016. Acting on a request from police, the council last July adopted a standing resolution authorizing the city attorney to file lawsuits in Macomb County Circuit Court to abate neighborhood nuisances where marijuana is grown.

On Wednesday, the Sterling Heights Police Department’s Crime Suppression Unit raided a home in the 2000 block of Deveere Drive, near Dequindre and 14 Mile roads, uncovering a large –- but illegal — marijuana growing operation.

Police seized 5 pounds of processed and package marijuana and 42 large plants that had not yet been cultivated for sale. The plants could have yielded an estimated 30 pounds of pot with a potential street value between $60,000 and $120,000, police said.

They also confiscated cash, two vehicles and other illegal drugs. Nobody inside had medical marijuana cards, and the amount of pot was far more than the amount any individual caregiver is allowed to grow. Criminal charges are likely to be filed against one individual.

The sparsely furnished house was rented from the owner, who may not have been aware of what was going on inside and is will not face criminal charges, Sterling Heights Police Chief John Berg said.

The raid culminated a two-month investigation and was the 38th on illegal marijuana growing in the city in the past 2 ½ years.

For marijuana grown, cultivated and packaged for medicinal purposes, Sterling Heights police vow to issue citations at any location that is not registered under the city’s ordinance.

“We deal with it every day,” Berg said. “We have empathy for people who need medical marijuana. Ninety-nine percent of the stuff is not grown for that. We know that.”

They hope more caregivers in Sterling Heights become aware that registration of medical marijuana –- which includes inspections of facilities by building and fire inspectors ��- is mandatory.

The chief said police and city officials hope further changes are made by state lawmakers to ban all medical marijuana growth and cultivation from residential areas.

“We’re trying to get all of these out of neighborhoods eventually, through legislation, because it doesn’t belong in our neighborhoods,” Berg added.

Neil Rockind is an Oakland County attorney who sits on the legal advisory board of the advocacy group My Compassion.

He expects the new regulatory structure to set up a medical marijuana provisioning center will be vigorous.

“There are some people who think this will be like (getting) a fishing license,” Rockind said. “I anticipate it’s going to be more complicated. People will have to show they have the licensing and wherewithal to open one from the ground up.

“Ultimately, people are going to be able to obtain local permits and licenses that choose to opt in to having medical marijuana commercial facilities within their city limits.”

It’s up to cities to decide if having medical marijuana provisioning centers within their limits is desirable, but Rockind said they’ll be able to decide how to regulate them.

“Cities can choose to allow certain types of facilities, a limited number of facilities, choose to zone them, or pass any rules they want,” Rockind said.

“For some cities it’s going to be a real boom. It can invigorate industrial or other areas that were neglected and generate substantial revenues.”

via the Macomb Daily

Digital First Media’s Charles Crumm contributed to this report.

[neil-rockind]

Legal Expert Neil Rockind talks with Guy Gordon of WJR-760 AM about the Trump Lawsuits | Today, Guy Gordon, afternoon host on WJR-760 AM, the voice of the Great Lakes, interviewed legal expert Neil Rockind, founder of Rockind Law, regarding the lawsuit between the State of Washington and President Trump.  Rockind has been a continuing critic of the travel ban and volunteered to .... Post has been published on Rockind Law

New Post has been published on http://www.rockindlaw.com/legal-expert-neil-rockind-talks-guy-gordon-wjr-760-trump-lawsuits/

Legal Expert Neil Rockind talks with Guy Gordon of WJR-760 AM about the Trump Lawsuits

Today, Guy Gordon, afternoon host on WJR-760 AM, the voice of the Great Lakes, interviewed legal expert Neil Rockind, founder of Rockind Law, regarding the lawsuit between the State of Washington and President Trump.  Rockind has been a continuing critic of the travel ban and volunteered to defend people that were detained at Detroit-Metro Airport due to the ban.  Rockind has been a loud and repeated critic of the ban and volunteered to participate in the defense of people that were threatened with removal or barred from entry.

Despite Rockind’s personal opinion on the ban, Rockind offered a sober and honest analysis of the lawsuit and explained some weaknesses in the suit, e.g., standing to sue.  In all honesty, some who share Rockind’s opposition to the ban may be disappointed when they listen to the interview.  Rockind, a legal analyst for local television, radio and print news media, always calls “them straight” and despite his personal feelings, did so here too.  Listen to the interview and learn about some of the concerns that Rockind has with the Washington lawsuit.

Neil Rockind on the Guy Gordon Show (Audio)

[neil-rockind]

New medical marijuana laws could boost business and municipal revenues (Press - The Oakland Press) | New medical marijuana laws could boost business and municipal revenues By Charles Crumm, The Oakland Press Key Dates in the evolution of medical marijuana in Michigan: • 2008 – Michigan voters approve a ballot question legalizing medical marijuana with 63 percent support, becoming the 13th .... Post has been published on Rockind Law

New Post has been published on http://www.rockindlaw.com/new-medical-marijuana-laws-boost-business-municipal-revenues-press-oakland-press/

New medical marijuana laws could boost business and municipal revenues (Press - The Oakland Press)

New medical marijuana laws could boost business and municipal revenues

By Charles Crumm, The Oakland Press

Key Dates in the evolution of medical marijuana in Michigan:

• 2008 – Michigan voters approve a ballot question legalizing medical marijuana with 63 percent support, becoming the 13th state to legalize medical marijuana.

• 2010 – Dispensaries begin to appear in 2010, followed by municipal bans on medical marijuana and police raids on dispensaries, triggering court cases that remain unresolved today.

• 2013 – Michigan Supreme Court rules dispensaries are not allowed under Michigan’s medical marijuana law.

• 2016 – Michigan lawmakers adopt a framework for the regulation of dispensaries or provisioning centers, production, and testing of medical marijuana.

“Locations coming soon in Detroit and NOW OPEN in Pontiac,” says a posting from Sky High Head Shop and Wellness Center in Pontiac on the website wheresweed.com.

The business name is still above the storefront in the strip mall on Huron Street, but there’s another smaller sign taped to the door that says, “For Rent.”

Sky High, a dispensary, was raided by the Oakland County Narcotics Enforcement Team in 2014. The proprietor was later charged and sentenced to two years probation on marijuana charges.

In Waterford Township, in another strip mall on Cass Lake Road, two businesses are side by side: MMMP Physician Certification Center, and OG Smokes and Accessories, a hydroponics shop. Both are in business.

The experiences in the two communities show the shifting landscape of medical marijuana laws and businesses in Michigan, particularly Oakland County. Physician certification and hydroponics are legal; dispensaries are not.

More changes are in the works for the 2008 voter-approved law that legalized medical marijuana in Michigan.

New laws passed last fall regulates the growing and distribution of medical marijuana in Michigan, and allows for provisioning centers. It’s the latest change in state laws aiming to clarify the 2008 ballot proposal.

The new regulatory system, expected to be in place by the end of the year, is hoped to bring order to medical marijuana distribution. The lack of, or vagueness, of regulations has been criticized for leading to criminal prosecutions of people who thought they were complying with the intent of the ballot proposal. Many of those prosecutions remain unresolved.

Rick Colon, at OG Smokes & Accessories in Waterford, thinks the new laws may expand medical marijuana businesses.

“Possibly, if Waterford lifted its moratorium and Oakland County wasn’t beating down on everything,” he said. “People are going to have to rely on dispensaries.”

The new regulations may also be a chance for municipalities, some of which have shunned medical marijuana, to capitalize on taxes and fees from allowing the businesses.

The New Laws

Passed last year, the new laws seek to create a tightly controlled system for making and distributing medical marijuana, cited by advocates as easing complications from numerous medical conditions.

The newest legislation establishes licensed growers that can sell to licensed processors or dispensaries, who then sell to patients and caregivers.

Until now, growing medical marijuana has been limited to licensed patients or caregivers, with limits on the number of plants and — for caregivers — limits on the number of registered patients.

Neil Rockind is an Oakland County attorney who sits on the legal advisory board of the advocacy group My Compassion.

He expects the new regulatory structure to setting up a medical marijuana provisioning center will be vigorous.

“There are some people who think this will be like (getting) a fishing license,” Rockind said. “I anticipate it’s going to be more complicated. People will have to show they have the licensing and wherewithal to open one from the ground up.

“Ultimately, people are going to be able to obtain local permits and licenses that choose to opt in to having medical marijuana commercial facilities within their city limits.”

It’s up to cities to decide if having medical marijuana provisioning centers within their limits is desirable, but Rockind said they’ll be able to decide how to regulate them.

“Cities can choose to allow certain types of facilities, a limited number of facilities, choose to zone them, or pass any rules they want,” Rockind said.

“For some cities it’s going to be a real boom. It can invigorate industrial or other areas that were neglected and generate substantial revenues.”

Growing Demand

The demand for marijuana as medicine as grown significantly from 2011 through 2016:

• Macomb County had 229 registered medical marijuana patients in 2011 and 19,455 in 2016, according to the Michigan Dept. of Licensing and Regulatory Affairs.

• Oakland County had 661 registered patients in 2011 and 24,416 in 2016.

• Wayne County had 4,191 registered patients in 2011 and 34,941 in 2016.

In more rural outstate areas, the growth in medical marijuana patients has mostly been slower, but not always:

• Clare County had 825 registered patients in 2011 and 931 in 2016.

• Gratiot County had 738 patients in 2011 and 978 in 2016.

• Isabella County had 148 registered patients in 2011 and 1,113 in 2016.

Unfinished Court Cases

Among the oldest unfinished court cases in Oakland County is that of Barbara Agro. She and her family ran the dispensary Clinical Relief in Ferndale until August 2010 when it was raided by county sheriff’s deputies.

Other raids and cases have resulted in convictions. Some have resulted in appeals to higher courts as laws have changed or appeals have clarified what courts say is the intent behind ballot proposal.

However, the new regulations going into place doesn’t mean old or pending medical marijuana prosecutions go away.

Mary Chartier-Mittendorf is one of the attorneys representing Agro.

“The new law on provisioning centers and other aspects of marijuana businesses does not affect ongoing cases,” Chartier-Mittendorf said.

“Of course, prosecutors certainly have the discretion to recognize the will of the people and now the legislators and choose to spend their limited funds on true crimes that negatively impact communities rather than prosecuting patients and caregivers.

“Some prosecutors will exercise their discretion wisely and others will likely choose to continue to waste taxpayer dollars and prosecute people for helping patients with true medical needs.”

via The Oakland Press

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Federal Supervised Release Violation Dismissed | Several months ago, a client came to us after hearing about my cross examination abilities and style.  He wanted “the Rocket,” which is what he called me when he came in to hire me.  To make matters worse, he was on federal supervised release at the time of the alleged offense.  The f.... Post has been published on Rockind Law

New Post has been published on http://www.rockindlaw.com/federal-supervised-release-violation-dismissed/

Federal Supervised Release Violation Dismissed

Several months ago, a client came to us after hearing about my cross examination abilities and style.  He wanted “the Rocket,” which is what he called me when he came in to hire me.  To make matters worse, he was on federal supervised release at the time of the alleged offense.  The federal court issued a notice of violation which is akin to a parole or probation violation hearing and because the alleged violation was a new Class A violation (new crime), he was facing serious time in prison.

We are pleased to report that we won the underlying criminal case AND today received word that the supervised release hearing was dismissed.  While the federal court could have forged ahead, it chose instead not to do so and dismissed the case.

Rockind Law

[neil-rockind]

Charges dismissed against Hazel Park pawnshop owner (Press - Daily Tribune) | Despite some lawyer crowing on about dismissals on social media, they are few and far between.  We cherish them because they are rare.  Our client received a just result this week.  Mike McConnell of the Daily Tribune and The Oakland Press did an excellent job covering this case in which Rockind .... Post has been published on Rockind Law

New Post has been published on http://www.rockindlaw.com/charges-dismissed-hazel-park-pawnshop-owner-press-daily-tribune/

Charges dismissed against Hazel Park pawnshop owner (Press - Daily Tribune)

Despite some lawyer crowing on about dismissals on social media, they are few and far between.  We cherish them because they are rare.  Our client received a just result this week.  Mike McConnell of the Daily Tribune and The Oakland Press did an excellent job covering this case in which Rockind Law defended the owner of a pawn shop.  When the charges were authorized, he wrote articles about the case and out of fairness, when the charges were dismissed, wrote an article about the dismissal.   Here is the story.

Charges dismissed against Hazel Park pawnshop owner

Charges of organized retail fraud have been dismissed against Steven Smolkin, owner of Simon’s Jewelry & Loan pawn shop on John R in Hazel Park. Charges against two employees, however, are still pending.

Mike McConnell – Daily Tribune

Charges of organized retail fraud have been dismissed against Steven Smolkin, owner of Simon’s Jewelry & Loan pawn shop on John R in Hazel Park. Charges against two employees, however, are still pending. Mike McConnell – Daily Tribune Criminal charges against a Hazel Park pawnshop owner were dismissed this week following a court hearing where a Michigan State Police detective testified about an undercover investigation at the store.

Hazel Park 43rd Circuit Judge Charles Goedert dismissed a charge of organized retail fraud against Steven Smolkin, owner of Simon’s Jewelry & Loan, 24884 John R, on Tuesday.

Smolkin, 44, of West Bloomfield, was initially charged last month along with employees Arkadiy Vaks, 62, of West Bloomfield and Oleg Vhdanov, 50.

Charges against the two employees remain and they were ordered to stand trial in Oakland County Circuit Court following a preliminary examination before Goedert.

Undercover state police investigators visited Smolkin’s pawnshop at least three times last year as part of their investigation.

“There was no evidence that (Smolkin) knew or believed that the property he was buying was stolen or came from a store,” said his attorney Neil Rockind.

The charge against Smolkin stemmed from the undercover investigator’s visit to the pawnshop March 3 where he reportedly sold some drills to the pawnshop.

Rockind said the detective conceded that he tried get Smolkin to bypass part of the process pawnshop owners are legally required to follow when buying merchandise.

But Smolkin insisted on entering all of the information on the sale, including the seller’s identification, in a state police database for pawnshops designed to protect against stolen property being sold, Rockind added.

Hazel Park police closed the pawnshop Dec. 22 for operating without a business license, the same day that Smolkin and two employees were arraigned and freed on personal bond.

Later, the city allowed the store to open on a temporary basis for customers that wanted to buy back items they had pawned at the store before it was closed.

It is unclear at this point whether the pawnshop will be able to get a business license to operate from the city and reopen the pawnshop on a permanent basis.

Rockind said Smolkin is working with a business attorney on the matter.

City Manager Ed Klobucher has said the city considers issues of criminality, among other factors, before granting a business licenses.

The charges of organized retail fraud that remain against the two pawnshop employees are each punishable by up to five years in prison.

The law makes it a felony for a person to receive or purchase retail merchandise for sale or resale knowing or believing it has been stolen from a retail merchant.

http://www.dailytribune.com/general-news/20170118/charges-dismissed-against-hazel-park-pawnshop-owner