Michigan Criminal Lawyers Blog

In a recent weapons possession case, the 6th Circuit Court of Appeals considered what type of objects may be considered "dangerous weapons" pursuant to federal law. In United States v. Tolbert, Jr., John Tolbert Jr. had just finished his trial for intentional possession of a firearm. When he was told to place his hands behind his back so that law enforcement could cuff them, he grabbed and plastic water pitcher and hit a deputy in the head with it. Although the officer wasn't seriously hurt and didn't need medical attention, the district court determined that the pitcher constituted a "dangerous weapon." Based on the court's characterization of this as a dangerous weapon, the court then increased Tolbert's sentence, applying a "4-level enhancement" stating that any object used "with the intent to commit bodily injury" may be considered a dangerous weapon.

Michigan weapons charges are serious. If you are found to have used a dangerous weapon in connection with committing a crime, the penalties for the underlying charge may increase. It is important to consult with an aggressive Michigan weapons charge attorney immediately to begin preparing your defense. As this case illustrates, courts may find nearly any object is a "dangerous object" depending on how it is used and the person's intent in using it.

Here the both the lower court and the Sixth Circuit Court of Appeals, which includes Michigan, determined that even a plastic water pitcher placed on the courtroom table can be a "dangerous weapon" under certain circumstances. The pitcher was a standard water pitcher, about 10 inches tall, with a 6-inch handle and a 12-inch circumference. It weighed a mere ½ pound to 1 pound when empty. The appellate court stated, "It is reasonable to infer...that such a water pitcher swung with sufficient force and proper aim, was capable of inflicting serious harm." The court cited additional dangerous weapons case law that supports the notion that "Almost any object can be a dangerous weapon depending on how it is wielded in the circumstances." Other items found to be dangerous include "walking sticks, leather straps, rakes, tennis shoes, rubber boots, dogs, rings, concrete curbs, clothes irons, and stink bombs."

Continue reading "Court Determines Plastic Pitcher Is A Dangerous Weapon In United State v. Tolbert, Jr. " »

A recent case from the 6th Circuit Court of Appeals evaluated the effect of firearms in connection with drug possession. In United States v. Shields, the Sixth Circuit found in favor of the defendants, determining that the lower court had erroneously imposed a too long sentence and found that the sentence enhancement was unreasonable.

Weapons charges are serious. In Michigan, when a crime is committed while a defendant is in possession of a firearm sentencing guidelines call for a mandatory two-year prison sentence. This sentence will be added to penalties associated with an underlying crime. If you face weapons charges, it is important to consult with an experienced criminal defense attorney in Michigan, such as a top weapons charge attorney.

In Shields, the defendant was arrested for allegedly possessing a firearm in connection with drug possession. Here, police officers found Kevin Shields in possession of a nine-millimeter handgun. As a police officer was walking Shields to the patrol car, Shields stated that he needed his wallet, which was on the porch. When the police officer went to the porch to grab the wallet, he also found a small amount of pot near where Shields had been sitting. This amount constituted only a small, consumption-level amount of marijuana plus cocaine residue. While marijuana possession in small amount is generally considered a misdemeanor, here the drug possession was considered a felony because Shields had prior drug convictions.

Although the prosecution sought a sentence enhancement for "weapons possession in connection with a felony" the appellate court determined that an enhancement based on weapons charges was not reasonable in this case. No "sufficient nexus" existed between the firearm and the drug possession. A sentence enhancement is available where "a firearm is possessed" in connection with "another felony ... if the firearm facilitated, or had the potential of facilitating another felony offense." As explained in the case, an example of this would be where a defendant uses a firearm to protect the drug, facilitate a drug transaction, or embolden himself while participating in felonious conduct."

Continue reading "Sentence Enhancement Unreasonable In US v. Shields Where Possessing A Gun Was Not Connected To Drug Use " »

A recent case out of Wayne County examined just what actions may constitute a "reasonable suspicion" and may justify police making an investigatory stop.

In Robinson v. Howes, the U.S. District Court in the Eastern District of Michigan in Detroit examined the actions of two Wayne County Deputy Sheriff's who were involved in the arrest of a Highland Park, Michigan man. At issue is whether the deputy sheriff's had enough reasonable information to stop the man and make an investigatory stop. Whether police have the right to stop you and perform an investigation is crucial and is a critical determination in many criminal law cases.

Where police or other law enforcement detain you in violation of your 4th amendment rights to be free of "unlawful searches and seizures," any evidence collected pursuant to this violation may be thrown out. In numerous situations, this may lead to charges being reduced or even completely dismissed. As a result, if you've been detained pursuant to a criminal investigation it is important to speak to an experienced Michigan criminal defense attorney to determine whether the stop was proper and whether your 4th amendment rights or any other constitutional rights were violated.

In fact, the U.S. Constitution has a tremendous impact on criminal law enforcement at all levels. These rights extend to all citizens and include the right to counsel, the right to due process, the right to a jury trial, the privilege against self-incrimination and the right to be free from unreasonable search and seizure. If you have been charged with a crime, including weapons possession, drunk driving, drug crimes, or theft and property crimes, consulting with a top Michigan criminal defense attorney immediately can significantly impact the outcome of your case.

Here in Robinson, two deputies testified that they were dispatched to the scene after receiving a radio report of "shots fired from a yellow vehicle." When the police arrived, one of the officers approached the vehicle and the suspect stated "he had done nothing wrong," got out of his car and started to walk away. After he left, one officer testified that he noticed a handgun on the front seat. He yelled to the other officer who then tried to grab the suspect. The two officers then struggled with the petitioner, then pepper-sprayed him and placed him under arrest. The petitioner disputed the police officer's version of events and asserted that the investigation and ensuing arrest violated his Fourth Amendment rights, in part because the stop was based on uncorroborated information from an anonymous caller.

Continue reading "Appeal From Michigan District Court Reviews Investigatory Stops In Robinson v. Howes " »

A recent case out of Michigan evaluated the actions of the Dearborn, Michigan police department when they arrested a man and then dropped the charges. In Bennett v. City of Dearborn, plaintiff - Daryl Bennett - accused the Dearborn police department of several charges related to his false arrest including assault and battery and excessive force.

If you have been charged with any Michigan crime such as robbery, burglary or weapons charges, or are under investigation, it is important to speak with an aggressive Michigan criminal defense attorney immediately. Both constitutional and state laws protect individuals from many potential violations by police including violations of due process and the freedom from the use of excessive and unreasonable force. In some situations, overzealous police officers or other law enforcement personnel may over step their bounds and violate a person's rights. A knowledgeable Michigan criminal defense lawyer can help you challenge police conduct and fight to protect your freedom.

Here, exactly what happened the night of Bennett's arrest is in dispute. Dearborn police claim they responded to a call of a possible car theft in progress. The complainant allegedly reported that he saw a 20-year-old black male attempting to enter two vehicles in the area, and that Bennett had also been seen in the area, trying to get into two cars. The police officers claim that when they went in search of the suspect described, they saw Bennett. Bennett then took off running and was tackled by the police. The police allege that Bennett refused to get up after they requested he "put his hands up" but rather stayed on his knees and tried to crawl away, keeping his hands under his body and preventing the officers from handcuffing him. Police claim that it was only after Bennett continued to resist arrest that they tasered him in the back and handcuffed him.

Continue reading "6th Circuit Evaluates Police Conduct In False Arrest Case - Bennett v. City of Dearborn " »

The Detroit News reports that Detroit Pistons basketball star Ben Wallace was recently charged with Michigan drunk driving after being stopped and arrested over the weekend for erratic driving on Telegraph Road at Long Lake. He was driving a 2007 Cadillac Escalade and was arrested around 3 a.m.. Wallace was also arrested on Michigan weapons charges. The Detroit News reports Wallace was given a breathalyzer test that showed he had a blood alcohol count of 0.14%, which is above Michigan's legal limit above of .08%.

In a search conducted pursuant to the stop, police discovered an unloaded semi-automatic pistol in a backpack in the passenger area with a fully loaded magazine. The police report states that the .28-caliber FNH semiautomatic pistol was registered to Wallace's wife.

Bloomfield Hills 48th District Court Magistrate Judith Holtz arraigned Wallace on the OWI misdemeanor as well as the weapons charges. This was Wallace's first drunk driving offense.

Being arrested and charged with a Michigan drunk driving offense, weapons charges, or any other Michigan crime may have serious consequences. It is important to contact an aggressive Michigan criminal defense lawyer immediately to protect your rights and begin preparing your defense. Often, errors in police conduct may lead to charges being reduced or even dismissed.

In an ironic twist, Wallace had originally been assigned to Oakland County District Court Judge Kimberly Small who has earned a reputation for handing down unduly harsh sentences to first time offenders. This past summer, Small sentenced for NBA and Michigan basketball star Jalen Rose to 20 days in the Oakland County Jail along with one year's probation for a West Bloomfield Township drunk driving incident. Small stated she imposed such a harsh sentence in order to "send a message" about the dangers of driving while intoxicated.

Continue reading "Detroit Piston Ben Wallace Arrested On Drunk Driving Charges " »

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" »

A recent Michigan case highlighted the need for an experienced Michigan criminal defense lawyer. In Walker v. McQuiggan a man was convicted of first-degree murder and firearms possession in the commission of a felony. Under Michigan law, penalties for crimes committed while in possession of a firearm may be enhanced - including both penalties for the weapons charges and the underlying crime as well. Here, Reginald Walker's faced serious charges and potential consequences, but despite evidence of long-term mental illness, his defense counsel failed to investigate and put on an insanity defense.

If you have been convicted of a misdemeanor of felony offense - your future will be affected - especially where Michigan's most serious penalties apply. There are things you can do - including post conviction appeals - that can minimize the impact on your future. It is crucial to contact a dedicated Michigan post-conviction appeals attorney if you or a loved one has been wrongfully convicted or incarcerated. Working with an aggressive Michigan criminal appeals attorney is necessary to identify issues that may be used to help overturn a conviction and provide a second chance at achieving justice.

Here, Walker was accused of shooting a complete stranger and killing him. At trial his defense counsel had the opportunity to request a psychiatric evaluation to determine whether Walker was mentally ill. Even though the defendant had been found mentally ill in prior exams, Walker's defense counsel decided not to have the exam because "he did not believe that a defense of insanity in this case would be successful." Walker had also written counsel that he had a significant history of mental illness, that he heard voices and possibly even heard voices on the day of the shooting. Despite the long history of schizophrenic ailments, counsel did not present an insanity defense, instead focusing of self-defense and intoxication.

Walker was sentenced to life without parole and two years for felony firearm charges. Walker appealed the trial court's decision. The Court of Appeals affirmed the trial court decision and the Supreme Court denied Walker's leave to appeal. Then in 2006, Walker filed a petition for writ of habeas corpus alleging ineffective assistance of counsel. The district court denied the appeal and dismissed this case. Walker persisted and filed a timely appeal. Courts review ineffective assistance of counsel claims to see whether errors that counsel make are so serious that "counsel" is not functioning as guaranteed by the Second Amendment and that these errors were so serious to deprive the defendant a fair trial.

Continue reading " Ineffective Assistance Of Counsel In Murder And Possession Of Firearms Trial In Walker v. McQuiggan" »

A recent 6th Circuit Court of Appeals case, United States v. Johnson, evaluated police officers' conduct when they conducted a "knock and talk" at a residence owned by the defendant's mother-in-law. An anonymous caller told the police that the residents were in possession of marijuana and had a firearm. When a crime is committed in Michigan and the accused has a firearm, sentencing guidelines call for a two-year sentence at a minimum - in addition to any sentence associated with the underlying crime. If you face such charges, an experienced Michigan criminal defense firm can help prepare a compelling defense.

Here, the police went to the house and one of the residents opened the door. Although two women who lived at the home consented to a search, the defendant objected. One of the detectives then began to search the bedroom where the woman and the defendant stayed. Police officers discovered counterfeit money, 100 grams of marijuana, digital scales, computer equipment, media storage devices and a handgun.

If you are facing any Michigan criminal charges including drug crimes, fraud or weapons charges, it is important to speak to an aggressive Michigan criminal lawyer immediately to begin preparing your defense. In many situations, errors in police conduct may provide a defense to the charges.

Here a grand jury indicted defendant on charges of aggravated identity theft, possessing counterfeit securities and producing and possessing false identification documents. The defendant pled guilty but reserved the right to appeal his motion to suppress. A motion to suppress is used to challenge evidence obtained by law enforcement - it is often used when police officers violate an individual's constitutional right to be free from unreasonable searches and seizures. A knowledgeable Michigan criminal defense attorney can determine whether it may be possible to file a motion to suppress in your case.

On appeal, the court determined that the defendant had a reasonable expectation of privacy in his bedroom and had objected to police searching his bedroom. As a result, the court found the search was unreasonable and the defendant's motion to suppress the evidence should have been granted.

Continue reading "6th Circuit Reverses Prison Sentence In United States v. Johnson Finding That Defendant Had Reasonable Expectation of Privacy in Bedroom" »

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" »