Michigan Criminal Lawyers Blog

In what is perhaps the first case of its kind, a Michigan Court of Appeals has determined that a Rochester Hills man must face a computer hacking trial based on evidence that he was snooping in his ex-wife's email account. The Oakland County man has been charged with "misusing a computer," a felony charge in Michigan. The charges stem from accusations that Leon Walker accessed his wife's email after she filed for divorce. Reports state that he believed she was cheating on him and checked her email for evidence.

If you have been charged with a computer crime or other white-collar crime it is important to talk to an experienced criminal defense law firm in Michigan. Many times overzealous prosecution can lead to criminal charges. It is important to begin an investigation immediately and fight back.

Here, Walker has been charged pursuant to Michigan's "hacking" law, MCL 450.411s, which prohibits third parties from breaking into computers or computer programs. Under certain circumstances "hacking" may be considered a felony. In this instance, Walker faces up to 5-years in jail for reading the email. The arrest and charges sparked a national debate about computer privacy, especially between spouses.

In the Michigan Court of Appeals ruling, the three-member appellate panel wrote that Michigan's computer hacking doesn't provide for a spousal exception. Such a steep penalty and use of resources seems unjust. Here, Walker simply accessed his wife's Gmail account on a shared computer. She had left her password in a book next to the computer, which he entered in an effort to determine whether she was cheating on him and exposing their child to a potentially violent situation.

Continue reading "Rochester Hills Man Faces Felony Trial For Reading Wife's Email " »

Michigan news from Emmet County reports indicate that law enforcement is out in force this holiday season. With the slogan "Drunk Driving. Over the Limit. Under Arrest," from now through New Year's day state troopers are on "directed patrol, looking for criminal activity on the roads with operating while intoxicated (OWI) drivers being the biggest one's targeted."

While officers will be on the look out for drunk drivers, reckless drivers and seat belt use violators, it is crucial that responsible drivers pulled over in error, without probable cause or where law enforcement violate individual's rights be able to protect themselves from drunk driving charges and penalties.

If you have are charged with Michigan drunk driving, the first thing to do is call an experienced drunk driving criminal defense attorney in Michigan immediately to protect your rights and begin preparing your defense.

In fact, in many situations drunk-driving charges can be reduced or even DUI charges dismissed as the result of common police errors.

Although everyone wants to ensure the safety of Michigan roads, it is imperative to protect your rights, your driving privileges and your reputation. A drunk driving charge will not only damper the holiday spirit but may also have a lasting impact on your freedom.

Continue reading "Holiday Crackdown On Michigan Drunk Driving May Lead To False Arrests" »

Earlier this week, a Detroit man pleaded guilty to allowing an unlicensed minor to operate a motor vehicle after he allowed his 9-year-old daughter to be his designated driver. According to the Wayne County prosecutor's office, Shawn Weimer also pleaded guilty to second-degree child abuse. Weimer's case gained national attention after his daughter was shown on surveillance video bragging about her driving skills.

Weimer himself had reportedly consumed half a bottle of whiskey and did not want to drive under the influence. Michigan has some of the toughest drunk driving laws in the country. If you have been charged with a DUI/OUI or other drunk driving offense it is important to consult with a drunk driving attorney in Michigan immediately to fight the charges and protect your driving privileges.

Many individuals charged with DUI/DWI are scared to fight back and mistakenly believe that if they have been charged with a drunk driving offense, they will be found guilty. This is not the case. In fact, in many situations an aggressive criminal defense lawyer in Michigan can fight the charges, by pointing out flaws in the evidence or challenging the stop itself, and successfully get OUI charges reduced or eliminated. Although not every strategy will work in every case, a number of common police errors and missteps occur in drunk driving stops that drunk driving defense lawyers can use as part of a vigorous defense.

Continue reading "Detroit Dad Pleads Guilty After Using 9-Year-Old Daughter As Designated Driver" »

MaryAnn Godboldo has emerged victorious after a Wayne County Circuit Court Judge upheld the lower court's ruling that a court order to remove Godboldo's 13-year-old daughter from her care was not valid. All criminal charges stemming from police attempts to remove the child, as well as all custody charges have been dropped.

The criminal charges in this case stem from the actions by the Michigan Department of Human Services to removed Godboldo's daughter, Ariana, from her home after Godboldo took the girl off her autism medication. Reports indicate that Godboldo had made the decision to stop giving her the medication after Ariana's condition worsened and she received a second opinion. As stated in one news report, "the speed at which this sensible decision by a caring mother turned into sheer terror is mind-boggling."

Many times, over zealous law enforcement officials overstep their bounds. In these situations, it is imperative to speak to an aggressive criminal defense lawyer in Michigan immediately to fight for your future and protect your rights. By challenging the evidence and putting together a skilled defense, a criminal defense law firm may be able to get charges reduced or eliminated.

Here, the officials involved claimed that the decision to stop giving Ariana Risperdal put her at risk. When the police attempted to enforce the order to remove the girl, Godboldo refused to allow them inside. Police then surrounded the house, claiming that they heard shots fired inside. Godboldo refused to come out, but eventually surrendered 12 hours later.

Godboldo was then charged with weapons violations, including assault with a dangerous weapon, shooting from inside a building, having a firearm during a felony and resisting and obstructing police.

Continue reading "Detroit Mom MaryAnn Godboldo Victorious - Wayne County Court Clears All Charges Against Her" »

The Michigan Supreme Court has decided against hearing argument in a controversial Allegan County witness screen case.

In People v. Rose, a western Michigan man, Ronald Rose, was accused of sexually assaulting an 8-year-old girl. At trial, a one-way screen was placed between the witness and Rose, ostensibly because she was scared of testifying. However, in doing so not only was Rose denied his 6th Amendment right to confront his accuser, but the action was also highly prejudicial. As a result, Rose should be entitled to a new trial.

The U.S. Constitution provides many protections designed to ensure criminal defendants are given a fair trial. One of these protections is the 6th Amendment, which provides that a defendant is entitled to be confronted with the witnesses against him. While MCL 600.123 expressly provides alternative for child testimony, the use of a screen is not one of them. In fact, as described by Scott Grabel, a Michigan criminal defense lawyer, the use of the screen was more like a theatrical prop and was "the most prejudicial thing he'd ever seen in a criminal trial."

The visual of seeing a screen placed between the accuser and the defendant highlighted the "witness's apparent fear of directly facing defendant...Permitting the screen sent the jury the message that the court deemed the witness to be worthy of protection from the defendant," stated Supreme Court Justice Marilyn Kelly. Other less prejudicial alternatives exist to protect child witnesses, such as using videotape testimony. In these instances a jury may conclude that a child is scared of testifying and the criminal court system, rather than being scared of a particular defendant.

Continue reading "Michigan Supreme Court Declines To Hear Whether Witness Screen Violates Confrontation Clause In People v. Rose " »

The Michigan Supreme Court has agreed to hear argument concerning the case of a Rochester Hills man who was convicted of second-degree criminal sexual assault in 2006 by an Oakland County Circuit Court judge. In State v. Trakhtenberg Judge Deborah Tyner found Jacob Trakhtenberg guilty of sexual assault following a 55-minute trial before the judge. No jury was present and Trakhtenberg's lawyer did not make an opening statement or call any witnesses.

If you are under investigation for a Michigan crime, including any type of sex crime, it is important to consult with an aggressive criminal defense lawyer in Michigan to ensure you receive high quality representation and the best possible chance at getting charges dismissed or reduced.

Michigan criminal law divides criminal sexual conduct into categories, with criminal sexual conduct (CSC) first degree being the most serious. Criminal sexual conduct 2d degree involves touching of an intimate body part in a sexual manner without penetration. Here Trakhtenberg's ex-wife accused Trakhtenberg of sexually assaulting their 8-year-old daughter, and was convicted of CSC -2d degree. Often finding the true motivation behind allegations of sexual assault may be the key to your defense. According to reports Trakhtenberg and his ex-wife were engaged in a bitter dispute over money, custody and Trakhtenberg's sizeable estate.

In less than an hour and with no witness testimony, Trakhtenberg was found guilty in the sex crime trial and was sentence to 4 to 15 years in jail. Immediately after, his wife sued to gain possession of the estate. A Michigan jury ruled against her and members of the jury indicated that they believed Trakhtenberg was innocent of sexual assault.

Although an Oakland County judge granted Trakhtenberg a new criminal trial in 2010, a Michigan Court of Appeals overturned that decision. The Michigan Supreme Court will now hear argument in the case.

Continue reading "Michigan Supreme Court To Hear Argument In Criminal Sexual Conduct Case in State v. Trakhtenberg " »

Rima Fakih - former Miss USA was arrested over the weekend in Highland Park, Michigan on a suspicion of drunk driving. According to reports, Fakih's blood alcohol content measured a 0.20, more than twice Michigan's legal limit. Under Michigan law if a first-time offender's BAC is greater than 0.17, they may be charged under Michigan's super-drunk law. The super-drunk law imposes significant penalties including mandatory license revocation followed by driver's license restrictions and the installation of a mandatory interlock device on their vehicle. Offenders may also be required to submit to mandatory substance abuse counseling and pay significant fines.

If you have been charged with any Michigan drunk driving charge, consulting with an experienced criminal lawyer in Michigan as soon as possible is important to protect your driving privileges and begin preparing your defense.

Although generally a first time offender will not go to jail, in certain instances and in certain Michigan courts judges are more likely to hand down tough sentences. For example, the 48th District Court in Bloomfield Hills is notoriously tough on OUIL offenders, having sent Jalen Rose to jail for 20 days after just one infraction.

Here, Fakih's celebratory and her excuse - that she was behind the wheel because her friend "was not in a condition to drive", may or may not sway a judge to give her a lighter sentence. Although judges are generally more compassionate on fist time offenders in Wayne County than Oakland County, what the evidence shows is an important consideration. By challenging the police decision to stop a vehicle or pointing out errors in blood or breath sampling equipment or in roadside tests, a top criminal defense lawyer in Michigan may be able to get charges reduced or dismissed.

Continue reading "Former Miss USA Arrested On A Suspicion of Drunk Driving, May Be Charged Under Michigan's Super-Drunk Law" »

The constitution guarantees an individual charged with any crime such as drug distribution, robbery or murder the right to a speedy trial. One of the reasons behind this constitutional guarantee is recognizing that individuals are innocent until proven guilty and this right helps ensure that people charged with a crime aren't subjected to "oppressive pretrial incarceration," as well as minimizing the anxiety of the accused and limiting the possibility that the defense will be negatively affected.

An experienced Michigan criminal defense lawyer can fight to protect your rights if you are charged with any crime and help ensure law enforcement does not violate your constitutional rights at any point in the criminal law process, including investigation, arrest and trial.

In a recent 6th Circuit case, United States v. Ferreira, the 6th Circuit dismissed the indictment against a defendant after the government unnecessarily delayed his trial. In Ferreira, the defendant Ferreira was accused of conspiracy to distribute drugs - 500 grams or more of methamphetamines in 2005. At that time he was in custody in Georgia on unrelated criminal charges. As the result of government delays, misplaced paperwork and other errors, Ferreira did not appear in court related to the drug charges until August 2008.

Although the district court dismissed Ferreira's claims that the government violated his right to a speedy trial, on appeal the 6th Circuit - which includes Michigan - determined that the man's rights were denied. In determining whether someone's right to a speedy trial are violated, a court will evaluate four factors including the length of the delay and the reason for the delay. A length of more than one year satisfies the test. Here the wait was nearly three years long.

Additionally - a court will review the reasons for a delay. If the delay is motivated by bad faith rather than by simple negligence, it is more likely a court will find that the government violated an individual's rights.

Continue reading "Drug Distribution Case Dismissed Based On Violation Of Right To A Speedy Trial in United States v. Ferreira " »