Criminal Defense Overview

August 5, 2016

Michigan Criminal Lawyers Defending Clients Who May Not Be Truthful

Let’s be honest here – all people tell lies, whether they have been accused of a crime or not. We’re all human, however many people are curious as to if criminal defense lawyers represent clients who they know are lying, and if so, why. Even defendants in a criminal case (particularly those who are guilty) wonder if they should be completely honest with their attorney. All who are accused of a crime, regardless of how minor or serious that offense is, have the right to remain silent. In the case of a defendant, he/she may believe that if they do remain silent, the lawyer they have hired will suspect they are guilty.

The fact is, guilty or not, it must be proven beyond a reasonable doubt.

When a criminal defense attorney takes on a case, it’s important to realize that it isn’t the lawyer’s case, but the defendant’s. Because of this fact, clients should be truthful with their lawyers – otherwise, it is difficult for an attorney to build a solid case and focus on defense strategies that could possibly have some basis in fact, even if the defendant is guilty. Anyone who is charged with a crime should realize that:

It makes no difference whether you are guilty or innocent.

Your defense attorney is going to take anything you say seriously. Lying to your lawyer will only result in him or her chasing rabbit trails that will not likely result in a solid, effective defense.

July 29, 2016

The Mercy Rule: An Ironic Word for a chaotic System

by Bill Amadeo

When one hears about the term “Mercy” they are often thinking about the concept of forgiveness and understanding. However, in the world of law, this term has a deceptive meeting that can be the death nail of the defendant in a criminal case.

According to the Federal Rules of Evidence, the “Mercy Rule” is a unique mechanism that comes into play when dealing with character evidence. The Mercy rule is a principle of evidence law which allows a criminal defendant to offer character evidence as a defense to a criminal charge. It permits a criminal defendant to introduce evidence of pertinent character traits of the victim because the accused, whose liberty is at stake, may need a counterweight against the strong investigative and prosecution resources of the government.

When we see the Mercy Rule come into play it is generally employed as a tool that the Defendant will attempt to use to gain favor with the jury. While many people do not know is that it is actually the client that will make the decision of whether or not they want to take the stand at their own trial or whether or not they can employ a character witness. With that being stated, many defendants do not realize the danger of placing a character witness on the stand and this writing will help you to be aware of such dangers.

July 8, 2016

Will Michigan Prisoners Who are Exonerated Finally Be Treated as Fairly as Parolees?

by Scott Grabel

Of all 50 states in the U.S., 20 do not compensate those who are wrongly convicted of crimes and ultimately set free – Michigan is one of those states. However, a bill is on the table that could hopefully change how exonerees are treated if it is voted on by the House and signed by Governor Snyder, which could potentially happen in just a few months.

Unfortunately for individuals who have been wrongly convicted of even the most serious crimes, Senate Bill 291 has been floating around Lansing for 13 years, since 2003. If the bill passes, exonerees would be compensated $60,000 per year for each year spent in prison after being wrongfully convicted. In addition, those wrongly convicted would receive lost wages and other “economic damages” along with attorney fees according to Michiganvotes.org/2015-SB-291.

It seems ironic that while individuals who have been wrongly convicted (and there are MANY) have received nothing all of these years, while parolees have help obtaining housing, clothing, employment, transportation, and more. In fact, the Reentry Program will spend more than $13 million this year paying to help parolees get back on their feet, while those exonerated get nothing – except for heartache, of course.

July 6, 2016

Expunging a Criminal Record – What Convictions are Not Eligible, and What You Should Do

by Scott Grabel

Anyone with a criminal record knows it can really cause problems in terms of employment, housing, obtaining (or keeping) a professional license, and more. While there are many criminal convictions that can be set aside or “expunged” from your record, there are also some convictions that are ineligible for expungement. Essentially, for those whose conviction qualifies, your public criminal record can be set aside – this simply means you will have a clean record should a potential employer, landlord, lender, or someone else perform a background check.

Which criminal convictions cannot be expunged from your record?

Basically, a conviction for those crimes considered the most serious or heinous cannot be expunged from your record. These convictions include:

May 3, 2016

Criminal Defense Lawyers Myths

by Scott Grabel

There are countless “myths” regarding criminal defense lawyers that run the gamut. Many people who’ve never dealt with a criminal attorney view them as somewhat shady (after all, who would represent a criminal?) or as individuals who are in it to make a fortune. Speaking of making money, why not just use a public defender instead of paying big bucks to a private criminal defense lawyer? There are many myths about criminal lawyers we’re going to attempt to de-bunk below.

All criminal defense attorneys are created equal

Wrong! Criminal defense lawyers can differ vastly in terms of their backgrounds, results they have achieved for clients, extent of education, experience, even their specialties or “practice areas.” Suppose you’ve been arrested for sexual assault, and the defense attorney you speak to works primarily with traffic or DUI cases and has never (or rarely) represented someone charged with sexual assault. Would you want him/her defending you? Not likely.

Public defenders are just as good as private criminal defense attorneys

December 19, 2014

Jenison Contractor to Spend Minimum of Three Years in Prison for Larceny by Conversion

by Scott Grabel

In October of this year, 32-year-old Jeffery Scott TenElshof of Jenison pleaded guilty to two counts of larceny by conversion of more than $1,000 but less than $20,000. On Thursday December 18, he unsuccessfully attempted to withdraw his guilty pleas at his sentencing hearing before Kent County Circuit Court Judge Mark Trusock.

TenElshof was sentenced to three to 10 years in prison for taking money for construction projects, but never completing the jobs. Hi attorney contends that TenElshof simply got behind on the projects as he was extremely busy, and that his intention was never to steal the money clients paid him. One Sand Lake resident paid TenElshof $3,500 to replace some siding on her home, a project that was never completed, according to Colleen Bent, who said TenElshof came up with all kinds of excuses as to why he was not working on the project.

According to Gregory Boer, Assistant Kent County Prosecutor, TenElshof had a plea deal that would have left him facing less than one year in jail had he repaid the money that he stole to the clients. Because he did not repay any of the money, he was sentenced to prison.

August 28, 2014

Detroit Man Arraigned on Charge of Murdering Wife, Pleads Not Guilty

by Scott Grabel

On May 24, 27-year-old Alicia Fox and her two children went missing. Fox’s body was eventually located by relatives in an abandoned home in Detroit, however the children, 6-year-old Kaylah Hunter, and 8-month-ol Kristian Justice, have yet to be found. Erin Justice, Alicia’s husband, was charged with murder and pleaded not guilty at his arraignment hearing on Wednesday, August 27, according to a news article at Mlive.com.

Erin Justice has not been charged with any crime related to the disappearance of the children, one of whom was his, but he did flee to Atlanta after his wife went missing. He fought extradition from Atlanta until recently, and is charged with first-degree murder in the death of his wife, who was found to have bullet wounds. Authorities believe Fox was killed in the home she and Justice shared before her body was moved to the basement in an abandoned home. Her decomposing body was found in early August. During the investigation into Fox’s disappearance, police found blood evidence in the couple’s home on Ardmore.

In addition to first-degree murder, Justice is charged with felony firearm and felon in possession of a firearm.

Michigan criminal defense attorneys know that fighting charges of murder is tough. If convicted of first-degree murder, Justice will likely face consequences that include spending the rest of his life behind bars. As with all crimes, a defendant is innocent until proven guilty beyond a reasonable doubt. Prosecutors in the case will have to provide strong and compelling evidence in order for Justice to be found guilty.

August 6, 2014

When Charged with Drunk Driving in Michigan, There is No Defense, Right? Wrong

by Scott Grabel

As highly regarded Michigan DUI defense attorneys, we know that many individuals who are charged with driving under the influence (or OWI, Operating While Intoxicated, the legal term in Michigan) believe there is no defense to the charge. Unfortunately, many people simply plead guilty without considering there may be options. This is why it is so important that even for a first DUI, you consult with an experienced defense lawyer right away.

There are actually many defenses that may be effective in fighting charges of driving under the influence of alcohol. A skilled attorney will thoroughly review your case to help determine whether the charge could be challenged. A few examples of some of the common defenses used in a DUI case include:

Inaccurate PBT (Preliminary Breath Tests)

Inadmissible Datamaster Breath Test Results

Invalid Arrest Due to Inadequate Investigation Procedures

Invalid Stops

These are just a few defenses which may be effective in fighting your DUI charges.

A police officer must have a valid reason or justification for stopping someone who is driving. Unfortunately, many police officers use weak or unjustified excuses for pulling someone over, such as a loud stereo or exhaust. A police officer may decide that because you swerved just a bit within your own lane (which we all do on occasion), you should be pulled over. Once pulled over, even if the stop is invalid, the police officer will check for signs that you may have been drinking, such as glassy eyes, an odor of alcohol, slurred speech, etc. If it can be proven that the police did not have “reasonable suspicion” to stop you, the charges may be dismissed.

Field sobriety tests are highly criticized, particularly in the state of Michigan where many police officers are not strained in these tests. The standardized field sobriety tests set forth by the NHTSA include the one leg stand, the horizontal gaze nystagmus test, and the walk-and-turn. Ultimately, it is up to the officer to determine whether an individual passed or failed the test, which is often used to decide whether an arrest should be made. Many officers rush through these exercises and approach them in an unorganized fashion, which decides the driver’s fate in mere minutes. A capable Michigan DUI defense lawyer will carefully analyze whether the officer properly administered these tests, and whether there were outside factors that could attribute to the motorist’s ability (or inability) to perform them such as a disability, the fact that he or she was taking medication for an illness, and other factors. Truthfully, it is difficult for the most sober person to perform these tests.

Preliminary breath tests can be highly inaccurate as well, and motorists are not required to submit to the PBT, or roadside breath test. In fact, you should politely refuse this test, although you will be required to take the Datamaster breath test at the police station.

August 5, 2014

Interesting Fact – More Women are Arrested for DUI Than Men, According to FBI Statistics

by Scott Grabel

Since 2003, it appears that the number of women arrested for DUI has risen, while the number of men arrested for driving under the influence has decreased. Between 2003 and 2012, the number of women who were arrested for DUI rose by 21%, while the number of men arrested for DUI fell by almost 17%. These figures consider the number of arrests across the nation.

Unfortunately, women are also involved in more DUI incidents that result in death, according to research scientist Erin Holmes with a Canadian based research company, the Traffic Injury Research Foundation.

What are the possible reasons more women are being arrested for drunk driving? According to research, it is believed the fact that more women work now than they did two decades ago contribute to the numbers. Women are driving more during night time hours when they are more likely to be arrested, and it is no longer socially unacceptable for women to have a drink in public. This is particularly true of younger women.

Another factor that may affect the numbers is the fact that many of the first offender diversion programs have been eliminated, which results in more women coming through the criminal justice system.

The good news is that in the state of Michigan, the number of crashes related to drunk driving have gone down for both men and women. According to the head of the Michigan State Police Alcohol Enforcement Unit Sgt. Perry Curtis, drunk driving arrests have steadily declined over the years. In Michigan, the number of DUI crashes between 2003 and 2012 fell for both women and men, dropping from 3,203 to 2,563 for women, and 11,400 to 7,250 for men.

Still, Curtis says that the percentage of females who are arrested for DUI has increased during his career which he began in 2000. Work stress, arguments with a partner or spouse, and divorce seem to drive women to abuse substances such as alcohol, according to East Lansing substance abuse counselor Mike Stratton.

July 31, 2014

Wisconsin Woman Chases Man to Get Her Revoked Driver’s License Back, Charged with DUI

by Scott Grabel

Driving on a suspended license is serious enough, however recently a Racine, Wisconsin woman was caught operating a vehicle while her driver’s license was revoked. According to the Racine County Eye, 37-year-old Lisa Coca was driving while intoxicated when she chased a man who she claimed had her driver’s license.

The incident occurred at approximately 2 a.m. on July 18 when Coca spun her tires out while driving in front of a Caledonia police officer. Coca claimed that she was speeding because she was attempting to catch up with a man who supposedly had her driver’s license. She was driving in the area of Six Mile and Middle roads when she spun her tires and was pursued by the officer. At one point, Coca was driving at speeds of 50 mph in a 25 mph zone.

When Coca turned into a driveway, the police officer began walking toward her Ford Explorer, however she and a passenger exited the vehicle and, acting as if they did not know the officer was there, proceeded toward the home. The officer then instructed Coca to stay in her vehicle. The officer noted in his report that he smelled alcohol on Coca’s breath, and that she talked fast. She told police that her driver’s license was in the possession of the man whose car she had been following, however police learned that her license had been revoked due to a previous conviction for drunk driving.

Coca was ultimately charged with bail jumping, operating a vehicle while revoked, and a second offense suspicion of drunk driving.

In Michigan, having your driver’s license reinstated after it has been revoked is not an easy process; in fact, it is quite difficult. You must request a hearing with the DAAD (Driver Assessment and Appeal Division), however this is just the first step of a complicated process. There are many evaluations and tests you will have to provide that will support your claims of sobriety. Participating in a program such as AA is also critical to proving to the hearing officer that you will not relapse. Even then, there is no guarantee your driver’s license will be restored.