Michigan Criminal Lawyers Blog

The United States Supreme Court has just passed on an opportunity to ensure greater fairness is criminal trials. In Perry v. New Hampshire, the Supreme Court justices evaluated the circumstances surrounding eyewitness testimony and when it may be introduced at testimony. In an 8 to 1 decision, the Court concluded that unless evidence exists that police have "manipulated" the circumstances, judges cannot throw out eyewitness testimony on their own. However Justice Sonia Sotomayor, the only dissenter, asserts this is "backwards." The primary goal is to "assure a fair trial" and "[w]hether the police have created suggestive circumstances intentionally or inadvertently ...it is no more or less likely to misidentify the perpetrator." Eyewitness testimony is just as powerful in persuading a jury regardless of the circumstances.

As a criminal defense attorney in Michigan, I agree. When an individual faces the possibility of arrest, charges and a possible conviction in a crime such as theft or robbery, a drug offense or violent crime, his or her fate may depend in part on eye witness testimony. When that testimony is flawed, the possibility for great injustice exists. Under any circumstance, if you are facing criminal charges in Michigan, it is crucial to speak with an aggressive Michigan criminal defense lawyer immediately to begin preparing your defense and challenge the evidence against you - including any eye witness statements.

Perry is a criminal law case out of New Hampshire involving car robberies. In Perry, police officers were notified about a man breaking into cars behind an apartment building. A woman gave a vague description of a potential suspect. However, after seeing Perry standing next to a police officer she then identified him as the suspect. Based on her identification, Perry was convicted. Perry argued that his standing next to the police officer unduly influenced the woman's identification. The New Hampshire Supreme Court determined that because the police did not create the suggestive circumstance, the eyewitness identification testimony was allowed. The U.S. Supreme Court has just affirmed this decision.

Continue reading "Supreme Court Misses Opportunity To Make It More Difficult To Introduce Eyewitness Testimony In Perry v. New Hampshire " »

News reports that violent crime is rising in Michigan cities including Flint, Inkster and Saginaw. In fact, Flint Michigan has been designated the "Most Dangerous City in America." According to a report released by the FBI, "Crime in the United States," Flint recorded the highest violent crime rate in cities with 100,000 or more people. However, in cities such as Jackson and metro Detroit violent crime rates are lower.

Violent crime charges carrying with them significant consequences if convicted. If you are under investigation or have been charged with any violent crime, you need a Michigan violent crime defense attorney to protect your rights and begin preparing your defense. The MIchigan criminal defense lawyer you choose can and will make a difference on your future.

According to reports, Flint reported a record number of murders in 2010. Murder, manslaughter and other homicide charges are some of Michigan's most serious crimes. Obtaining an aggressive Michigan criminal defense lawyer who understands key strategies and defenses is crucial to keeping you out of jail. Under Michigan law several different homicide charges exist and each carries with it different penalties. Homicide charges include:

• First-degree murder
• Second-degree murder
• Felony murder
• Voluntary manslaughter
• Involuntary manslaughter

By interviewing witnesses, reviewing forensic evidence and evaluating police conduct it may be possible to get the charges reduced or even eliminated in some cases.

Reports indicate that the number of other Flint violent crimes increased as well. Violent crimes include such charges as:

• Weapons charges
• Felony firearm possession

Continue reading "Michigan Violent Crime Rate Up In Flint and Saginaw, Lower In Jackson and Detroit" »

In a recent decision, the 6th Circuit Court of Appeals, which includes the state of Michigan, determined that a police officer violated an individual's constitutional rights when he engaged in a low-speed chase.

Your constitutional rights protect you if you are under investigation for or been charged with a Michigan crime. If police officers violate your rights, the charges may be reduced or dismissed. An experienced Michigan criminal defense lawyer can advise you concerning your rights.

In Walker v. Davis, a Kentucky man - Thomas Germany - was killed while riding a motorcycle across an empty field in the middle of the night. The incident occurred after a police officer clocked Germany riding his motorcycle at 70 mph in a 55 mph zone. The officer tried to the pull Germany over, but he refused to stop. Another officer heard about the attempt on the radio and tried to intercept Germany on his cruiser. When he failed, the second officer engaged in a slow speed pursuit, following Germany across a muddy field. The officer then intentionally ran into the motorcycle, knocking Germany off the cycle and crushing him with his police cruiser.

The appeals court determined that the police officers action's clearly violated Germany's constitutional rights stating, "It has been settled law for a generation that, under the Fourth Amendment '[w]here a suspect poses no immediate threat to the officer and no threat to others, the harm resulting from failing to apprehend him does not justify the use of deadly force to do so." Here, Germany was not a threat to anyone - he was riding his motorcycle in the middle of the night across an open field. As the result, the court determined it was a violation of Germany's 4th amendment rights to use deadly force.

Continue reading "6th Circuit Finds Police Violated Individual's Constitutional Rights In Low-Speed Chase in Walker v. Davis " »

With students heading back to school, many are concerned about the recent Ann Arbor assaults reported around the University of Michigan's Ann Arbor campus. The latest assault occurred just yesterday, when a female student reported to a police officer that a man grabbed her arm while walking south on Thompson Street, near West Quad. The woman was unharmed, and provided a description of a man different than that of the men described in the earlier July assaults.

This past July, Ann Arbor news reported six women were sexually assaulted in the college town and two were raped. News reports describing the sexual assaults contained varying descriptions of the attacker, leading police to think that more than one man may be involved.

Thus far this recent crime is categorized as unrelated to the other six recent attacks on women in Ann Arbor. The increased incidence of attacks has put this college town on edge as students are returning to campus.

Often, when there's a heightened alert concerning a crime such as an assault or battery, there is an increased effort by both the public and law enforcement to catch the alleged perpetrator. Unfortunately in some cases this may lead to wrongful charges being filed. It is important to contact an experienced Michigan criminal defense attorney immediately to begin investigating any criminal charges and begin preparing your defense to avoid wrongful charges.

Michigan assault crimes can be charged as felonies or misdemeanors, and many times, those charged with assault or battery may face penalty enhancements. Penalty enhancements may arise from a variety of situations - such as if a weapon was involved in the assault - and if so, what kind - or if the assault was related to gang violence. By investigating all the factors surrounding an incident, an aggressive Michigan criminal defense lawyer can provide the most effective criminal defense in any Michigan county court house.

Continue reading "Ann Arbor Assaults Raise Fear On Campus" »

According to Ann Arbor news, two men have been accused of shooting a man in an alleged Ann Arbor drug deal this past week. The men are being held on cash bonds after being arraigned at the Washtenaw County Jail. One of the men is charged with assault with intent to murder, assault to commit great bodily harm less than murder, assault wit a dangerous weapons and possession of a fire arm during the commission of a felony.

If you are facing any Michigan violent crime - including weapons charges - it is important to contact and experienced Michigan weapons charge attorney immediately to defend your rights. In Michigan, if a crime is committed while the accused in is possession of any type of firearm, state guidelines call for a minimum two-year sentence as well as penalties for the underlying crime.

Here, since the underlying crimes including drug crimes and potential murder, the stakes are high. At A. Scott Grabel and Associates, with a long track record proven results we understand the potential defenses to weapons charges including such common issues of proof as:

•Was the weapon loaded?
•Was the weapon operable?
•Was the perpetrator use a hunting weapon?
•Where was the weapon located? Did you know it was in your possession?

Continue reading "Two Ann Arbor Men Held On Weapons Charges" »

Earlier this week, the Michigan Supreme Court announced new Michigan jury rules that may affect the outcome of many civil and criminal cases across the state.

These rules will take effect in September and may impact the many types of trials, including assault and violent crimes, drug charges and theft and property crimes.

Chief Justice Robert Young notes the new rules are aimed at "giving jurors the tools they need for their very demanding job: seeking the truth."

One of the new reforms will be to allow juries to talk about evidence in civil cases throughout the trial. Criminal juries already are allowed to do so. Advocates believe that by allowing jurors to discuss evidence as its being presented - rather than waiting until the end - will improve jury's decision-making process.

Other reforms include:

• Allowing judges to schedule expert witnesses in a way that they believe makes sense to jurors;
• Allowing jurors to take notes during trial and use their notes during deliberation;
• Allowing jurors to visit or view where a material event - such as a crime - occurred;
• Giving jurors copies of the instructions that are likely to help with evaluation of the case at the beginning of the trial;
• Allow jurors to take into the jury room a reference document, as well as any exhibits and writings admitted into evidence;
• Allow jurors reasonable requests to review evidence or testimony as they deliberate;
• Giving judges the option of summarizing the evidence at the end of trial; and
• Allowing attorneys to make commentary during the trial.

Continue reading "Supreme Court Issues New Rules For Juries In Michigan Criminal Cases" »

The Battle Creek Enquirer reports that a Branch County man, Thomas Foley, will receive a second trial on charges that he killed his wife. Foley was convicted in 2009 of first-degree murder for allegedly shooting his wife, Dee Dee Foley, a Union City teacher.

If you have been charged with a violent crime such as murder or homicide, it is critical to contact a Michigan criminal defense attorney immediately to protect your rights and begin preparing your defense. In the event you have been convicted of a misdemeanor or felony criminal offense, you have a right to appeal your conviction.

Many reasons exist for appeals, including the discovery of new evidence.

Here, Foley has always maintained his wife was killed by an intruder, however the jury was not convinced at trial. According to news reports, after the trial witnesses came forth who provided new testimony that could prove Foley innocence. Three witnesses stated that they saw a car backing out of the driveway, bolstering the inference that an intruder was in the house. Circuit County Judge Sindt ordered a new trial, and the Court of Appeals agreed. The Supreme Court upheld Sindt's opinion.

Continue reading "Branch County Murder Case To Be Re-tried" »

The FBI as recently released a report evaluating per capita crime rates in cities with population above 100,000 - listed as the number one violent city is Flint, Michigan. According to FBI crime statistics, Flint tops the country with the worst violent crime rate. Violent crimes include such incidents as murder, homicide, gang violence and domestic violence.

If you are under suspicion or have been arrested for any violent crime in Flint, Michigan or anywhere throughout the state, it is important to speak to an aggressive Michigan criminal defense lawyer immediately to begin investigating the charges and preparing your defense.
Contrary to Flint, crime rates in Saginaw, Michigan - a city that has held the dubious distinction of "most violent city" in recent years, have dropped.

NBC 25 Michigan news investigated possible reasons for the varying rates in crime, citing issues such as reduced police forces in Flint, increased community activism in Saginaw and lack of jail space in Genesee County. While Flint tries to grapple with issues of high crime rates, it is important that the rights of those individuals charged and arrested are not swept aside in an attempt to improve Flint's reputation.

Continue reading "New Report Identifies Flint As Most Violent City" »