Michigan Criminal Lawyers Blog

A recent case evaluated whether the police executed a valid search of a suspect's home and car, and whether the evidence found should have been suppressed. In United States v. Carney, the defendant Carney was sentenced to 51 months after entering a guilty plea to charges of being a felon in possession of a firearm, making counterfeit money, and passing counterfeit money. The 6th Circuit Court of Appeals denied his motion to suppress, finding that probable cause existed for the warrant to search the man's apartment and car.

The affidavit supporting the search warrant covered "evidence that someone using the car in question tried to pass counterfeit bills of different denominations at different times, that the car and residence were Carney's, that the car was seen in front of the residence, and that Carney was identified as attempting to pass a counterfeit bill."

If you have been arrested for criminal activity, or have been subjected to a search, it is important to consult with an experienced Michigan criminal defense attorney immediately. When police conduct a search without a valid warrant, an experienced Michigan criminal defense lawyer can fight to suppress any evidence they collect and may be able to get charges reduced or dismissed.

Here, Carney argued on appeal that the police did not have probable cause, that the search warrant was constitutionally defective and that the search warrant was not supported by probable cause. The appellate court denied the appeal, noting:

"the search warrant issued in this case was supported by probable cause because the support affidavit contained enough facts to indicate a fair probability that evidence of a crime would be located in both the white Chevy SUV and the apartment. That is all that is required. (emphasis added)."

This rule has been used to find valid search warrants of individuals' homes where a suspected thief may have stolen property in their home, or a drug dealer may have evidence of drug activity in his or her home, or a suspected counterfeiter may have different bills in his or her home.

Continue reading "Probable Cause Existed For Search Warrant Of Home And Car In Counterfeiting Case" »

According to a press release from the Department of Justice, a Detroit area man has been charged and arrested for masterminding an alleged Medicare fraud scheme worth $30 million. Reports claim that the man devised a scheme involving the submission of fraudulent claims for Medicare services that were either medically unnecessary or never performed involving at least four different home health agencies. The health agencies named in the complaint were located in Ypsilanti and Detroit.

Many times, white-collar crimes such as fraud or embezzlement charges are based allegations requiring complex accounting knowledge and investigation. If you are being investigated by a federal grand jury or are facing federal charges, it is imperative to speak to a Michigan criminal defense lawyer who understands the federal justice system immediately.

White-collar criminal charges can be serious and include several different types of alleged activity including:

• Fraud and embezzlement
• Medicare fraud
• Bank fraud
• Identity theft
• Bad check writing
• Credit card theft
• Sarbanes-Oxley violations
• RICO charges

The potential penalties vary on the type of fraud alleged, the amount of money involved and whether a crime is charged under federal or state law. Although consequences may be harsh if convicted, and may include potential jail time and substantial fines and penalties, in many cases an experienced Michigan fraud defense attorney can help you avoid jail or be able to get felony charges reduced with thorough investigation and aggressive defense.

Continue reading "Detroit Area Man Charged With Masterminding $30 Million Fraud Scheme in United States v. Mehmood " »

This past weekend Governor Snyder announced his plan to crack down on cyber crime. With an emphasis on protecting against identity theft, espionage and internet sex crimes - including child sex crimes - the governor has set up a new website concerning internet safety and is starting a task force to be under the control of the Michigan State Police.

While it is important to protect ourselves from cyber crime, it is equally important that the government to protect innocent individuals from being charged with internet crimes. Potential consequences for internet sex crimes - such as downloading child pornography - are serious. Not only do those charged with sex crimes face jail time, but also potential damage to their reputation and being required to register as a sex offender for lengthy periods of time. Registration on the Michigan sex offenders registry can create a stigma that lasts a lifetime and may lead to difficulties obtaining employment, living in the location of your choice and even attending the college you desire. It's critical to have an experienced Michigan internet sex crimes attorney on your side if you're under investigation or have been charged with child pornography or related offense such as internet solicitation of a minor.

Many times, those charged with internet sex crimes have inadvertently downloaded the child pornography or don't know they are sharing files of a minor. Similarly, often adults are legitimately trying to engage in conversation and meet another adult, only to be ensnared by a police officer posing as someone they're not and charged with solicitation of a minor. Many people don't realize but in Michigan it is illegal for police and FBI agents to use stings to entrap honest people in the acting of sharing files or soliciting a minor.

It is almost like a game police and prosecutors play - especially in the areas of child pornography - seeing how people law enforcement can charge for using their computers in the privacy of their own home for legal purposes.

Continue reading "Lawmakers Cracking Down On Michigan Internet Crime" »