Criminal Defense Overview

July 30, 2014

Should You Fight a DUI Charge in Michigan?

As experienced Michigan DUI attorneys, we know that individuals who are arrested for driving under the influence of alcohol often wonder whether they should fight the charges. Most people who are charged with a drunken driving offense are concerned primarily about two things – possible jail time, and their job. Is it worth hiring a defense lawyer, and should you fight? No two cases are alike, however a seasoned attorney can help you determine the best way to proceed.

In terms of employment, those who are most affected by a DUI arrest or conviction are individuals who are professionally licenses, such as doctors, lawyers, nurses, insurance agents, CPA’s, and the like. In such cases, it is likely that the DUI arrest/conviction will be reported to the state licensing board, who will then determine the necessary response in accordance with the law. However, even those who are not employed in positions that require a professional license will want to have a skilled DUI lawyer review employee handbooks, contracts, or other documents which may indicate whether an arrest or conviction will impact your employment.

What some people do not give much thought to is that a DUI conviction will result in driver’s license suspension. Even for a first-time offense, your license will be suspended for 30 days, followed by 150 days of restricted driving. How will this impact your life, especially considering that for a solid month you will not be able to drive at all?

While most individuals facing DUI charges for the first time will not face jail time, the maximum sentence is 93 days – and you could face a few days, depending on the judge in the case. If you are arrested for driving under the influence a second or third time, the stakes become even higher – and the penalties more severe. In this case, there is no question as to whether you should seek out legal support and guidance.

July 23, 2014

Cobb County Sheriff’s Deputy Arrested for Leaving the Scene and Driving Drunk After Identifying Information Left Behind

by Scott Grabel

On Saturday morning July 19, 23-year-old Austin Reese Chadwick of Woodstock was arrested for allegedly driving under the influence of alcohol and fleeing the scene of an accident, according to a news article at the Atlanta Journal-Constitution. Chadwick had called 911 to obtain medical assistance for injuries he sustained in an accident between himself and a tractor-trailer rig. He is a Cobb County sheriff’s deputy, and was off-duty at the time of the accident.

Chadwick apparently called 911 from his home at approximately the same time that police in Cobb and Cherokee Counties were trying to locate him after discovering Chadwick’s identification inside a vehicle at the crash site. Chadwick suffered a serious leg injury, and was arrested at his home; he confirmed that he had been drinking.

Police claim to have detected a strong odor of alcohol about Chadwick, who agreed to sobriety testing. He was charged with failure to report an accident, failure to maintain lane, and DUI. Chadwick had worked for the Cobb County Sheriff’s Department for over two years, and is currently on administrative leave pending an investigation by Internal Affairs. There was no mention as to whether the driver of the tractor-trailer rig was injured in the accident.

Fleeing the scene of an accident is never a good idea, however when a person is even slightly intoxicated he or she often has poor judgment. When someone chooses to drive after consuming alcohol or drugs, that person puts not only his or her life in danger, but everyone else on the roadways as well.

Driving while under the influence is a very common offense. Even though criminal penalties are tougher than ever and lawmakers continue to fight against drunk driving, people still do it. Many think, “I’ve only had two or three drinks, I’ll be fine to drive home.” Others drink to the point they can barely stand up, and still get behind the wheel.

July 3, 2014

Celebrating Independence Day – Safety Tips for the July 4th 2014 Holiday

by Scott Grabel

While many people don’t think about the real meaning of Independence Day and the fact that this federal holiday celebrates the adoption of the Declaration of Independence on this date in 1776, many people do enjoy getting a day off from work. For most, it is a day to relax, maybe enjoy a backyard barbecue with friends and neighbors, or attend a fireworks display.

If you live in a city that allows it, you may be planning on shooting off a few fireworks yourself for your children to enjoy. Regardless of what activities you and your family choose to engage in, having a few beers or drinks may be part of the plan as well.

At Grabel & Associates, we want you to enjoy a fun and relaxed holiday, but we also want you and your family to be safe this July 4th. Here are a few safety tips to keep in mind so that everyone enjoys a great time and can look forward to next Independence Day:

June 26, 2014

2013 Paw Paw Stabbing Death Results in Prison Time for Illinois Man

by Scott Grabel

On Monday, June 23, 38-year-old William Chance Stephens of Benld, IL was sentenced to 142 months to 270 months in prison for his role in the stabbing death of Trey Yarbrough in Paw Paw in October of 2013.

According to Mlive.com, Stephens was charged with one count of open murder in the death, which is believed to occurred after the two men engaged in an argument about Yarbrough stealing money from Stephens. Detective Sgt. Kevin Conklin testified in court that the two men got involved in a verbal altercation at the Lakeside Inn. He went on to say that Stephens admitted to stabbing the victim. Paw Paw police found Yarbrough, who was 20 years old, with multiple stab wounds. He was found at a gas station located across the street from the Lakeside Inn.

Stephens was ultimately found guilty of manslaughter after his defense attorney requested that the judge in the case, Circuit Judge Kathleen M. Brickley, allow jurors to consider the lesser offense. He will serve a minimum of 11 years in prison.

In Michigan, an individual charged with open murder may be tried for first- or second-degree murder, determined by the jury. A conviction for first-degree murder would have left the defendant in this case facing life in prison. Manslaughter, whether voluntary or involuntary, leaves the defendant facing up to 15 years in prison along with substantial fines. Other factors that may affect sentencing include the defendant’s criminal history.

This story is just one example that shows why it is so important for anyone accused of a serious or violent crime to work with a skilled criminal defense attorney. Even someone charged with murder may escape lifetime imprisonment in some circumstances. While no one wants to face manslaughter charges or any criminal charges for that matter, most individuals would certainly prefer to spend 11 or 15 years behind bars when compared to the rest of their lives.

May 30, 2014

Tale of $10,000 Diamond Ring Theft in Kentwood Difficult to Swallow

by Scott Grabel

On May 16, Devontea Clifford Evans was admiring a $10,000 diamond ring in a Kentwood Zales Jewelry store located in Woodland Mall when according to police, Evans and the ring disappeared. Evans, who is 23 years old, denied having the ring when he was apprehended in the parking lot by mall security guards.

After reviewing video camera footage of the parking lot and mall on which it appeared Evans swallowed the ring, the suspect was taken to the Kent County Jail. After some careful consideration about how corrections officers could retrieve the diamond ring, a search performed on Evans a bit later revealed the ring was in his pants – which led to officers suspecting that the ring may have been hidden in another orifice.

Wherever the ring was ultimately hidden, Evans now faces charges of first-degree retail fraud as a third-felony offender. A resident of Hazel Park, Evans allegedly has a long criminal record in both Detroit and New Jersey, and is wanted on a warrant in Detroit. If tried as a third-felony offender, Evans will face up to 10 years in prison. The prosecutor’s office has offered Evans the opportunity to plea as a second-felony offender, which would decrease prison time to a maximum of 7 1/2 years.

In Michigan, first-degree retail fraud involves the theft of merchandise valued at more than $1,000. Theft can occur not only by an individual physically taking an item, but also by altering the price tag of an item in some way so as not to pay the full price. Theft or retail fraud can also be accomplished by taking a product back for a refund or exchange when it was never paid for initially, and the product still belongs to the store.

May 23, 2014

Detroit Police in Pursuit of Hit-and-Run Driver Who Left 8-year-old Girl Seriously Injured

by Scott Grabel

On Monday May 19, 8-year-old Kamari Smith was struck by a silver Dodge Charger as she was waiting with a group of kids to get ice cream from a truck on Robson Street. The vehicle fled the scene; police have been searching for the driver since the hit-and-run accident, and believe it may be the vehicle that was recently investigated by arson detectives after an auto fire was reported.

As of last news reports, Detroit Police Sgt. Michael Woody would not confirm or deny whether it was the burned out vehicle that had struck the little girl. As of Wednesday, the owner of the vehicle had been identified, but had not been interviewed. Kamari was reported to be in critical condition at the Detroit Medical Center Children’s Hospital.

Neighbors in the area said that it wasn’t the first time they had seen the silver or gray colored Charger in the neighborhood. A friend of the girl’s said that when she came outside, she saw Kamari on the ground. Ronald Cummings, who lives on the block, said that he came outside after hearing a loud thump, and saw Kamari laying in the street while the Charger sped away.

Family members were pleading for the person driving the Charger to turn him- or herself in, saying that they knew the person did not hit the little girl intentionally. The ice cream truck is said to have had its stop sign displayed, however the Charger allegedly sped around the truck, striking Kamari as she came around the front of the truck.

March 28, 2014

19-year-old Accused of November 2013 Murder of 71-year-old Ann Arbor Man Pleads Guilty to Second-Degree Murder

by Scott Grabel

In December of last year, we wrote about the murder of 71-year-old David Maurer, an Ann Arbor man living in a senior community who had been robbed and was found dead inside his apartment. Now, one of the three defendants in the case has pleaded guilty to second-degree murder.

Mark Paling, a 19-year-old resident of Melvindale, agreed to plead guilty to second-degree murder, larceny in a building, and conspiracy to commit unarmed robbery in exchange for dismissal of charges of larceny of weapons and unarmed robbery, according to a news article at Mlive.com. Second-degree murder is punishable by a maximum of life in prison, however the judge in the case agreed to sentence Paling to a maximum of 40 years in prison as part of the plea deal.

Paling and his co-defendants, Richard Thompson and Rikky Ranger, met the victim through Grindr, a gay dating app. Maurer met the three young men on November 23 at Melvindale, who followed Maurer back to his apartment for an evening of partying – drinking, smoking marijuana, and according to one of the defendants, engaging in sexual activity.

Paling testified that Thompson actually killed Maurer after he got the elderly man in a chokehold. Paling admitted that he gave Thompson a signal, but said that he and Ranger began stealing the victim’s property, which included money from a safe, an iBook laptop, and cellphone.

Paling said that he did not know that Maurer was dead after Thompson got the man in a chokehold, but that Thompson kicked the victim, who did not move. The autopsy supported that Maurer’s death was due to strangulation, according to attorneys who confirmed the fact in court.

As part of the plea deal, Paling also agree to testify against Ranger and Thompson; it has not yet been determined whether either of the co-defendants are competent to stand trial, as both are alleged to suffer from cognitive issues. All three of the defendants remain in jail.

In some cases, it is beneficial for a defendant to accept a plea agreement from prosecutors, particularly when the evidence to support a conviction is overwhelming. In this case, had Paling not accepted the plea deal he may have spent the rest of his life behind bars. According to the news article, Judge Darlene O’Brien set the minimum number of years Paling will serve at 22 1/2 years. Whether a defendant should accept a plea agreement or maintain his/her innocence and proceed to trial depends on whether the defendant is in fact innocent of the charges, and what the defendant and his/her attorney determine to be the best approach in terms of punishment.

March 14, 2014

Top 10 Misconceptions About a Criminal Case

by Scott Grabel

There are many misconceptions people have about criminal cases; unless you have been charged with a crime in the past, you likely have a few misconceptions of your own.

Here are a few of the most common:

1. “If the police are investigating me for a crime, they have to tell me the truth about the investigation.”

March 14, 2014

Celebrating St. Patrick’s Day 2014 Safely in Michigan

by Scott Grabel

St. Patrick’s Day is one of those holidays some people celebrate, others pay little attention to. In Michigan, there is no shortage of things to do not only on St. Patrick’s Day, but in the days leading up to the holiday. Since it falls on Monday this year, no doubt many people will be celebrating over the weekend while they’re off work. Like many other holidays, this is one many will celebrate at local pubs or other events where alcohol and green beer flows freely. It’s fun to participate and have a good time, but don’t let yourself become the defendant in a DUI case!

Here are a few of the events going on in and around Michigan on St. Paddy’s Day 2014:

Ann Arbor offers plenty to do on Monday, including a special breakfast menu at Arbor Brewing Company along with morning Happy Hour until 11 a.m. At Haab’s Restaurant, you’ll find $2 a pint green beer, corned beef and cabbage, and more.

Sidetrack Bar and Grill in Ann Arbor will be featuring drink specials all day long on St. Paddy’s Day, no cover charge. You’ll also find corned beef and cabbage here, and some live Irish music including bag pipes.

Kalamazoo is where you’ll find a free performance by The Moxie Strings at 4 p.m. at Bell’s Eccentric Cafe. In Hastings, the St. Patrick’s Day Parade will begin downtown at 4 p.m.

In Grand Rapids you can enjoy karaoke and live music with Mr. Whooha at the American Legion. Karaoke starts at 4 p.m., music at 8:30 – and of course plenty of corned beef and cabbage at noon! All proceeds benefit local veterans.

If you enjoy dressing up in costume for St. Patrick’s Day, Chequers in Saugatuck will award prizes for the best dressed, and offers $2.50 happy hour all day along with Irish breakfast and dinner specials.

Kuzzins, Louie’s Bar, Mulligan’s, and McFadden’s are just a few of the other pubs and restaurants offering up great specials on food, green beer, and music on Monday.

January 29, 2014

Detroit Couple Charged with Second-Degree Murder in Connection with Death of Toddler

by Scott Grabel

Recently, 23-year-old Karen Geletzke and 22-year-old Sandford McQueen were charged with second-degree murder in connection with the death of a 1-year-old toddler who was left in their care.

According to news reports at Mlive.com, the toddler’s mother had left the boy in the care of a relative and a companion. The baby had been placed in a stroller and covered with a blanket, and was situated near a space heater according to a police statement. On Thursday January 23, police were called to a residence near 7 Mile Road on Keating Street. Upon arriving, officers found the toddler had burn marks and was unresponsive; he was pronounced dead shortly thereafter at an area hospital.

Upon examination, the medical examiner determined that the toddler’s death was due to the burns he sustained; the death was declared a homicide. In addition to charges of second-degree murder, Geletzke and McQueen are also charged with second-degree child abuse and involuntary murder.

Both defendants are scheduled to be back in court on February 16, and are being held without bond.

This is certainly a tragic story. Second-degree murder while not as serious as first-degree murder may result in an individual who is convicted facing punishment as harsh as those convicted for first-degree murder, which is life in prison. Ultimately, it will be up to the jury to determine whether the defendants will face a few years behind bars, or the rest of their lives. It is also possible the defendants in this case may be offered a plea deal by prosecutors, which often results in less severe penalties if the defendant accepts the plea deal. Regardless, it is certainly sad for both the toddler’s family, and for two young people who likely made a horrible and innocent mistake that ended in tragedy.