Articles Posted in Criminal Defense Overview

A field of law that has become a topic of immigration proceedings of late is Neglect and Abuse cases. Neglect and Abuse (NA) cases have a lower burden than that of criminal matters, but the consequences can be extremely severe for those that are not American citizens. To discuss this matter, we spoke to several of the top lawyers in the state of Michigan.

Scott Grabel is the founder of Grabel and Associates and runs what is considered by many as the top criminal defense firm across the state of Michigan. Grabel spoke of the topic when he stated, “When a CPS Petition is followed it is often accompanied by the criminal complaint. For the average citizen, one goal is to try to avoid the criminal component while preserving one’s constitutional right to parent. With those that are not American citizens, the stakes are much higher as a successful petition can lead to removal proceedings.

Megan Smith is an Associate for Grabel and Associates and Tanis Schultz. Smith is known as a top criminal defense lawyer in Kent County and added her insight to this topic. Smith stated, “People often feel the need to fight for their right to parenting and they certainly should. With that stated, we must get creative on these cases. The rules of evidence are relaxed, and a termination of parental rights can lead to criminal charges and removal proceedings.”

Inchoate crimes are criminal charges that often get overlooked in the criminal justice system but can lead to serious consequences. An inchoate offense is a type of crime that is committed by taking a punishable step towards the commission of another crime. To learn more about this topic, we spoke to several of the top criminal defense lawyers across the state of Michigan.

Scott Grabel is the founder of Grabel and Associates and created what is considered by many the top criminal defense firm across the state of Michigan. Grabel spoke on the topic when he said, “The three basic inchoate offenses are attempt, solicitation, and conspiracy. The crime allegedly intended is referred to as the target or principal offense can carry more severe consequences, but the case can be brought through the inchoate aspect.”

Megan Smith is an Associate for Grabel and Associates and Tanis Schultz. Smith is known as a top criminal defense lawyer in Kent County and added her insight to this topic. Smith stated, “We learn when studying for the Michigan Bar Exam that the term attempt means incomplete but that is deceptive. The concept of attempt lends to the argument of the substantial step. In essence, we must argue whether the step towards the failed crime presents enough to charge the inchoate crime.”

One crime that has drawn legislative ire of late is Carrying a Concealed Weapon (MCL 750.227 (2). Carrying a concealed weapon which is often referred to as a CCW is a felony punishable by up to 5 years in prison and a $2,500 fine. Michigan does have a concealed pistol license (‘CPL’) law that allows individuals to carry a firearm if they meet the statutory requirements. While the 5-year felony is often worse than it may sound, one issue is the situation of immigration consequences. To discuss this matter in greater detail, we spoke to a few the top criminal defense lawyers in the state of Michigan.

Scott Grabel is the founder of Grabel and Associates and created what is considered by many the top criminal defense firm across the state of Michigan. Grabel spoke on the topic when he said, “CCW can generally equate to a probationary sentence but if someone is not an American citizen, we must be cautious in negotiations. A starting point is that the charge is generally not considered a crime of moral turpitude but there is no exact framework on this issue. A plea of no jail may sound appealing but not if it leads to deportation.”

Megan Smith is an Associate for Grabel and Associates and Tanis Schultz. Smith is known as a top criminal defense lawyer in Kent County and added her insight to this topic. Smith stated, “Some counties can view a CCW as an aggravated felony. When someone is here on a student visa or the like that can create a scenario where you should try the case as opposed to taking a sure thing with a plea. A certain plea on the criminal aspect can lead to uncertainty on the immigration front.”

One crime that often gets overlooked when it comes to immigration purposes and criminal scoring guidelines is “Accessory After the Fact.” On its face the crime appears to be an afterthought in the criminal justice system. However, there are severe consequences that could include a stay at the Michigan Department of Corrections, county jail and even deportation.

The seminal case for “Accessory After the Fact” is People v Luca, 402 Mich 302, 304; 262 NW2d 662 (1978). In Luca, the court defines the crime as “one who, with knowledge of the other’s guilt, renders assistance to a felon in the effort to hinder his detection, arrest, trial or punishment.” While the crime has always effected incarceration, more recently the charge has led to have severe immigration consequences. To discuss this matter at length, we obtained commentary from several of the top attorneys in Michigan.

Scott Grabel is the founder of Grabel and Associates and has put together a team that is considered amongst the best criminal defense firms in the state of Michigan. When speaking of the immigration consequences, Grabel stated, “The first thing we must review is whether this is considered a crime of moral turpitude. Crimes of moral turpitude will almost always trigger immigration consequences. This charge is a gray area because it is deemed an inchoate crime and we would have to examine the principal charge to see where we stand.”

Original Case Details

A 60-year-old dump truck driver from Chesterfield Township is facing charges relating to the death of a 10-year-old girl in a traffic accident. A months-long investigation has indicated that the dump truck driver ran a red light at the intersection of 10 Mile Road and Ryan Road in Warren, MI, causing an accident. A mother and daughter were coming out of a Tim Hortons restaurant after they had stopped in for a breakfast sandwich. It is alleged that the mother’s car ran into the dump truck after the dump truck ran a red light which caused a front-end loader construction vehicle to fall off the attached trailer and onto the car, crushing it. The mother made it out alive with minor injuries, the young daughter unfortunately did not. The 10-year-old was fatally crushed as a result of the accident. The man turned himself into Warren police to face arraignment of his charges.

Criminal Charges Faced by Dump Truck Driver

Original Case Details

A woman has been arrested in St. Clair Shores and charged with assaulting a police officer, assault and battery and refusal to submit to fingerprinting after allegedly spitting on police officers after she was told to leave a Nino Salvaggio grocery store when she refused to wear a mask. The woman is accused of assaulting a store employee when the employee told her that she needed to wear a mask or leave the store. She is also said to have behaved erratically until she was taken into custody by St. Clair Shores Police. The Macomb County Prosecutor’s Office acting lead Prosecutor Jean Cloud said that even during the heightened tensions of the current pandemic, the woman’s repeated inappropriate behavior could not be tolerated, and her actions clearly demonstrated a willful disregard for the safety of everyone around her. The woman is locally known in Macomb County as she unsuccessfully ran for Roseville mayor back in 2017, losing by a wide margin to current mayor Robert Taylor.

Current Pandemic

Original Case Details

Oakland County Sheriff’s Deputy Christopher Cadotte was recently arraigned in the 50th District Court in Pontiac on a single charge of careless discharge of a firearm causing injury. He was charged for allegedly inadvertent shooting that occurred where he shot a pregnant 16-year-old girl in the shoulder at a traffic stop. The teen was said to have been shot in the right collarbone, and after a few days in the hospital, is now at home recovering.

There has been some contradiction in what has been said about what happened in this case as the initial news release about this incident this past March stated that Deputy Cadotte drew his handgun and fired a shot through the front windshield of the stopped vehicle, and hit the pregnant passenger in the shoulder. The current statement says that after Deputy Cadotte positioned his car during the traffic stop, he exited the vehicle and his gun somehow discharged and the bullet struck the teen. What has been consistent is the allegation that the driver of the stopped vehicle was 15 years old and that she attempted to flee to try to avoid trouble for not having a driver’s license or the permission to use the car that she was driving. The driver took off on foot while her passenger had been wounded from Deputy Cadotte’s bullet.

Original Case Details

In late January of this year, a 72-year old man was taken into custody after he allegedly made threats against Secretary of State Jocelyn Benson. The man allegedly left a threatening message on Benson’s voicemail and also made threats over the phone to someone in Benson’s office. Police arrested the man at his home and a search warrant also led to seizing weapons from the man’s home. He was taken to Oakland County Jail and later criminally charged. The man arrested and charged is no stranger to the political arena. It has also been learned that the man lost races in the Michigan House of Representatives in 2014, 2012, and 2010. The man ran as a Republican in his first attempt for the House and later ran as a Democrat for the last two attempts he made.

His Charge And Sentence

The Practice Of Hazing

Hazing is a sort of ritualistic action that is meant to indoctrinate individuals to join into certain groups. This practice is typically meant to embarrass, demean, and devalue individuals as a sort of way to prove their loyalty to the group or team they are attempting to join. Hazing can consist of forced alcohol consumption, forced physical labor, along with various forms of humiliation. Hazing occurs on sports teams and clubs, along with college fraternities and sororities. Hazing is a ritual that is focused on power and control. While some hazing can be minor and generally innocent, other forms of hazing can easily go too far. Hazing can lead to criminal charges and penalties if certain factors are present.

Potential For Criminal Charges Due To Hazing

In Michigan, it was once a misdemeanor to swear in public. The law allowed the district court to punish a defendant with a 90-day jail sentence. While this law is not being applied any more, police are charging people with disorderly conduct for such actions. We are left to question if the police are going too far in these charges.

The disorderly conduct statute in Michigan states the following:

750.167 Disorderly person; subsequent violations by a person convicted of refusing or neglecting to support family; breastfeeding or expressing breast milk exempt. The statute is vague and provides 11 options for law enforcement to flex their muscles. To discuss the broad view of the statute and how cursing can lead to a prosecution, we spoke to several of the top criminal defense lawyers in the state of Michigan to provide commentary.