Legal Question in Criminal Law in Michigan

How good are my chances of beatting a criminal charge of unarmed robbery in a jury trial?

Here is the Police Report and my statement.

Monroe Police Department / Police Report 2008

Charge: Unarmed Robbery/ maximum of 15 years

On the listed time and date Officer was dispatched to XXX XXX, in regards to an unknown larceny or assault complaint. Upon arrival Officer spoke with XXXXXX. She advised a friend of hers attempted to take several items from her residence.

Ms. XXXXXX advised she picked up her friend, Mr. XXXX from his girlfriends house on this date and they returned to her apartment. She advised during the evening Mr. XXXX made several sexual advances towards her. Ms. XXXXXX stated that she advised Mr. XXXX that she was not interested in him.

Ms. XXXXX stated that she went up stairs to get away from Mr. XXXX. She advised while she was up stairs Mr. XXXX was down stairs by himself. She stated that she became concerned that Mr. XXXX might take something, so she frequently came down stairs to check and see what Mr. XXXX was doing.

Ms. XXXXXX stated that she was upstairs when Mr. XXXX called out to her, stating that his ride was there to pick him up. Ms. XXXXX stated that she was supposed to take Mr. XXXX to a transmission shop on XXXXX St. in the morning. She stated that he never informed her that he had someone coming to pick him up. Ms. XXXXX stated that she went downstairs to check on her belongings.

Ms. XXXXX stated she observed Mr. XXXX walking out her apartment with a plastic bag in his hand. Ms. XXXXX stated that she recognized the bag as hers. She stated that Mr. XXXXX didn’t have the bag when she picked him up. Ms. XXXXX stated that the bag appeared to be full.

Ms. XXXXX stated that she called for Mr. XXXX to stop. She stated that he continued walking out the door and towards the parking lot. Ms. XXXXX stated that she ran after Mr. XXXX and grabbed him and the bag he was carrying. Ms. XXXXX stated that Mr. XXXX began to punch her in the face with a closed fist in an attempt to break free from her. Ms. XXXXX stated that Mr. XXXX struck her approximately 5 times.

Ms. XXXXX stated that she began to hit Mr. XXXX back in self-defense. She stated that she was able to grab the bag away from Mr. XXXX. She advised she began screaming for help. Ms. XXXXX stated that Mr. XXXX then ran north towards a wooded area by the XXXXXXXX complex. She advised Mr. XXXX had his cell phone with him, and that he is originally from the XXXXXXX area.

Ms. XXXXX advised that there were no witnesses to the incident. She advised several people came out to help her after Mr. XXXX had run away.

Ms. XXXXXX stated that Mr. XXXX was currently living in XXXXX XXXX. She stated that she didn’t know his address or telephone number.

Officer observed slight redness in Ms. XXXXXX’s face area and several fingernails had been broken. Ms. XXXXXX advised she wished to pursue charges against Mr. XXXX.

This is what happened the night Kolita came to pick me up

It was around 8:00pm on 4/8/2008. I received a call from Kolita. She stated that she was bored and wanted to do something. We talked for awhile on the phone. Then she asked me to come over to her place. I told her my truck was at JR Transmission having work done to it and I had no way to come see her. Kolita then said that she would come and pick me up. I told Kolita that I would come over, if she took me to JR Transmission on Monroe St. in the morning. Kolita said that she would drop me off in the morning to pick up my truck. Kolita then asked me my address. I gave Kolita 28990 Applewood. Then she told me she would call me when she reached the trailer park, where I was living.

Kolita called me when she got off the exit near my residence. I told her exactly how to get to my residence. She pulled in my driveway and then I hung up with her. I grabbed a stack of DVD movies. Some of the DVD’s were burned from a computer and some DVD’s were regular movies. I walked out to her car. It was Kolita, her son Jace, and myself in the car. As we headed toward her place I asked her if she wanted to drink some beer. Kolita stated she would and that she would stop at Meijer’s before we went to her residence. We arrived at Meijer’s on Telegraph Rd. in Monroe. Kolita pulled toward the far side entrance, where Meijer’s sells alcohol. Kolita and her son Jase waited in the car while I went to purchase a case of beer and miscellaneous food items. The food items were a bag of pizza rolls, lunch meat, and some kind of chips.

After I bought the beer and food from Meijer’s Kolita drove us to 916 Greenwood, which was her apartment at the time. About 15 minutes after we got into her apartment kolita started making something to eat. It was stuffed chicken (garlic & butter), I recall. Kolita asked me if I wanted some of what she was heating up. I told Kolita yes. After Kolita, Jace, and myself finished eating, Kolita said she was going to put Jace to bed. While Kolita was upstairs putting her son to bed, I washed the dishes that were in her sink.

After Kolita put her son to bed and I finished washing the dishes, we both started drinking beer in her living room. Kolita and I discussed which movie we wanted to watch. Kolita told me she didn’t care which move. So I put the Rocky Balboa DVD into her DVD player. While the movie played we talked about many different topics. I don’t remember exactly what, I just remember talking and not watching the movie.

After Kolita and I had about 5 to 6 beers each, it was getting late. Kolita told me that she was going to get ready for bed. While she was up stairs I received a phone call from my girl friend Gena. Gena knew where I was and who I was with, because I told her before I left. Gena was working midnights at the time. About 5 to 10 minutes after my phone rang Kolita came down stairs in her bed cloths and gave me an angry look and walked into the kitchen. I didn’t think much of it at that time. I told Gena I would call her back in a little bit. After I got off the phone, Kolita walked back into the living room and sat down. Kolita said “who was that you were talking to?” I told her it was Gena, my girl friend. Kolita asked me why I came over to her place if I had a girl friend. I told her that she works midnights and I was bored at my place. Kolita asked me if we lived together. I told her yes, at the trailer you picked me up from. Kolita seemed to be getting very angry at me. Kolita asked me how Gena would feel if she knew where I was. I told Kolita that Gena knew where I was and who I was with. Kolita said she didn’t believe me and went up stairs. I told Kolita, while she was upstairs that Gena did know I was with her, because I told her before I left the trailer. Kolita responded by saying “ya right”.

About 10 or 15 minutes later, I called Gena back. Gena told me she didn’t realize that when I told her I was going to hang out with my friend Kolita that I was going to stay the entire night. I asked her to come and get me when she gets of work. Gena told me she wouldn’t get off work till 5:30am. I told Gena that was fine, because Kolita thinks I am here behind your back and she is acting angry towards me. I told Gena that Kolita had the wrong Idea about why I went with her to her apartment. Gena stated that she would drive over there to get me as soon as she left work. Kolita came back down stairs telling me to have her come get me, because she wanted me to leave. I told Kolita that Gena was coming to get me when she gets off work at 5:30am. That was about two hours from that time, because it was around 3:15 or 3:30am. Kolita told me that was good and went up stairs to bed.

I then began to put my things that I brought with me into a white plastic bag. The bag I used to gather my things with was the same bag I got from Meijer’s prior to coming to Kolita’s apartment. I took my DVD that was in Kolita’s DVD player out and the other DVD’s I brought, and put them into the bag along with the bag of pizza rolls and chips. I then made a sandwich, using the lunch meat I bought at Meijer’s. I left the remainder of the lunch meat in her refrigerator. Right before I left Kolita’s apartment I called to her up stairs to let her know I was leaving. Kolita responded by saying “good”. I grabbed the white Meijer’s bag along with the remainder of Bud Light beer I bought and headed towards Monroe St. I was calling Gena to let her know I was walking and would meet her along the way. Gena asked me why I was going start walking. I told Gena that Kolita wanted me to leave and I didn’t want to fall asleep waiting. Gena told me she would leave her work early and that she would call my phone when she got near Monroe. I was half way to the parking lot from Kolita’s door when Kolita came running towards me, without shoes and attacked me from behind. Kolita jumped on me knocking everything from my hands to the sidewalk. Kolita scratched my neck and was cussing and yelling at me. I was shocked at the way Kolita was behaving and grabbed only my phone and remaining case beer and jogged to get away from her. Kolita was yelling at me telling me that she was going to call the cops and make sure I go to jail. I yelled back to Kolita and said “go ahead, I didn’t do anything wrong”. I walked down the sidewalks through the neighborhoods toward Monroe St. I called Gena and told her what happened and that I was walking. Kolita called my phone over and over that morning, but I refused to answer my phone to talk to her. Gena picked me up on Monroe St. near Cole/ Stuart Rd.

I went home that night and never for one second thought that I would be charged with any crime, because I never committed any crime at Kolita’s residence. I received several threatening phone calls from Kolita throughout the following weeks after 4/9/08. I had to file a Personal Protection Order on her for the threats that Kolita made to me. I didn’t know Kolita well enough to know that the threats she made was just threats or not. Kolita made a P.P.O. agents me and kolita was the one making threats about my life. I wanted the threats Kolita made about having me killed, put on record because she would not stop calling me. Kolita stopped calling me shortly after the P.P.O. was issued and I have not heard from Kolita since.

Asked on 5/13/10, 7:56 pm

1 Answer from Attorneys

Daniel Hajji Daniel Hajji & Associates

You need to hire an aggressive attorney who can help you evaluate your case thoroughly. The Michigan Unarmed robbery is a serious felony offense. You need a good lawyer to defend you. Contact the law offices of Daniel Hajji at 248.865.4700 ot toll free (888) 4 Dan Hajji. Farmington Hills, MI

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Answered on 5/19/10, 12:20 am

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