Michigan Criminal Lawyers Blog

November 22, 2013

Top 13 Cities In Need of Criminal Defense Lawyers

Every year, the Federal Bureau of Investigation releases crime statistics, outlining the number of violent crimes and property crimes in cities across the US. I think the report is a handy tool for criminal defense lawyers who are looking to move their practice or set up their first practice. Although the FBI advises against ranking the cities or making a list of the “most dangerous cities” in the country, I think it’s easy enough to look at the statistics and see which cities have a greater demand for criminal defense lawyers, and why.

Chicago

According to the Washington Post, the number of murders in Chicago in 2012 allowed it to claim the title of “Murder Capital of the US.” The city had 500 murders in 2012, according to FBI crime statistics, while New York City had 419. The previous year, Chicago had 431 murders and New York 515. If you’re a recent law school graduate and want to pursue a career in criminal defense, I’d recommend checking out Chicago, since there’s a lot of opportunity for work and for enjoying life in a big city.

November 22, 2013

The Risks of Not Having an Attorney When Appealing Suspension of Your Driver’s License

by Scott Grabel

Individuals who have had their driver’s license suspended due to multiple DUIs often choose to appeal without the assistance of an experienced Michigan driver’s license restoration attorney. Unfortunately, this can leave you in a bigger mess than you were to begin with. We have consulted with many clients who, had they obtained our help, would likely have won back their privilege to drive.

Why do those who have had their driver’s license suspended or revoked choose to appeal with the DLAD on their own? Often times it is simply a case of not understanding how complex the process is. An individual may assume that the procedure is simple and straightforward, and that after they have waited the required year to appeal the hearing officer will simply restore his or her license. This is NOT the case; in fact, appealing the suspension or revocation of your driver’s license is complex, and even unmanageable for those who decide not to secure the services of a skilled lawyer.

Those who have had their license suspended and who choose to “go it alone” when appealing to the DLAD often make both procedural and substantive mistakes. There are strict procedural guidelines put in place by the DLAD for filing an appeal. By missing a deadline, incorrectly filing out background letters or documents, or filing the incorrect document, the odds are your appeal will not be won. This results in a total waste of time and effort – and you will have to wait an entire year before appealing again.

November 22, 2013

Grand Rapids Man Accused of Beating Pregnant Girlfriend Faces Felony Attempted Murder Charge

by Scott Grabel

On Wednesday November 20, 22-year-old Adam Andrew Phillips waived his probable cause hearing after being accused of attempted murder in the beating death of his pregnant ex-girlfriend, according to news reports at Mlive.com.

Phillips allegedly beat 18-year-old Elizabeth Batchelder, his ex-girlfriend, into a coma. Phillips’ adopted grandfather, Clifford Mead, claimed in court that he lived with Phillips and the victim at a home on Sweet Street, the address where the alleged assault took place. Mead testified that the couple had been arguing on the day the alleged assault occurred, and that later in the day he saw Batchelder covered in blood after he heard screaming. Mead also claimed that the victim was gasping for air. He also claimed prior to the break-up, the couple had been involved in domestic disputes, some violent. The defendant was convicted on domestic violence charges in April of 2012.

Phillips’ grandfather said that he “just blew up.” He suspects that the violent incident was caused when the defendant found photos on his ex-girlfriend’s cell phone. She suffered a coma caused by a fracture to her skull, according to police; Batchelder is three months pregnant. Police and rescue workers responded to the scene at approximately 7 p.m. according to police Lt. Pat Merrill, who said a neighbor heard Batchelder’s screams. She had suffered blunt force trauma injuries to her head and face.

The defendant had left the residence before police arrived, however they located him the next day and took him into custody. He is charged with attempted murder.

Attempted murder is a very serious charge in the state of Michigan; if convicted, Phillips could face up to life in prison. While it seems apparent the defendant has anger issues, it is still unfortunate that any 22-year-old individual may face a lifetime behind bars.

November 21, 2013

Flint Man’s Murder Conviction Overturned by Appeals Court After Defendant’s Right to Fair Trial Violated

by Scott Grabel

In March of 2012, Lorenzo Donnell Relerford was convicted by a jury of armed robbery, first-degree felony murder, and unlawfully driving away an automobile in connection with the murder of Jeanne Hank. Relerford, a Flint resident, allegedly strangled the victim, who was the sister of a Genesee County Sheriff’s deputy, in 2011. Following his conviction, Relerford was sentenced to life in prison by Genesee Circuit Judge Archie Hayman.

Relerford appealed his conviction, arguing that his right to a fair trial was violated because during the murder trial jurors saw that his legs were in shackles. During the trial, the defendant was called to testify; he stood up and made his way toward the witness box, without waiting for the judge to remove jurors from the courtroom so that he could get behind the witness box without jurors seeing the shackles. The judge claimed that courtroom security decisions are left up to the county sheriff, and that he had not been notified that Relerford was shackled. The defendant’s attorney called for a mistrial immediately, however Hayman denied the request. Typically, jurors never see a defendant in leg shackles.

Judge Hayman said that he believes jurors are not influenced by whether a defendant is in leg shackles, and that they generally try to be fair. He went on to say that the evidence against Relerford was “overwhelming,” an opinion prosecutors agreed with. However the appeals court did not agree, saying that while the evidence was persuasive, it was not sufficient to prove the defendant’s guilt beyond a reasonable doubt. DNA evidence presented at trial on a bathrobe belt which was allegedly used to strangle the victim included that of two other individuals in addition to Relerford’s.

Ultimately, the Michigan Court of Appeals overturned Relerford’s conviction on November 19, ruling that his right to a fair trial was violated. David Leyton, Genesee County Prosecutor, said that the matter may have to be retried, and that the Prosecutor’s office is considering an appeal of the appeals court’s decision to the Michigan Supreme Court.

Michigan post-conviction attorneys realize that while it may seem that your fate has been sealed when convicted of a violent crime such as murder, this is not necessarily the case. Mistakes may be made by prosecutors, juries, and even judges. All individuals have the right to a fair trial when accused of any crime, including murder.

November 21, 2013

Two Arrested Following Meth Bust at Vacant Hartford Apartment

by Scott Grabel

Recently, two individuals were arrested after Van Buren County Sheriff’s Office narcotics detectives searched a vacant Hartford apartment, according to a news article at Mlive.com. The narcotics detectives searched the vacant apartment at the request of the property owner.

Upon searching the vacant residence, detectives discovered eight hydrochloric gas generators, three active one-pot meth lab reaction vessels, and other components used in the manufacturing of methamphetamines, according to a news release. Police obtained a search warrant for another residence at the same property located on Marion Avenue, where they found meth-smoking paraphernalia and a small amount of methamphetamine.

While investigating at the apartments, police noticed a vehicle which had expired tags pull out of the property; the vehicle was pulled over, and the driver arrested for driving with a suspended license. The Hartford man is 27 years old, and facing potential charges of operating and maintaining a meth lab. He was incarcerated at the Van Buren County Jail. An 18-year-old woman was also arrested by police on a warrant for failure to appear in court on a marijuana possession charge in Berrien County.

The sheriff’s office also reported that an 18-year-old Hartford man and a 37-year-old Hartford woman who were not arrested at the time will be charged with meth possession.

Drugs are a serious problem in Michigan, and across the U.S. As law makers continue the “war on drugs,” police and prosecutors vigorously pursue those suspected of possessing, manufacturing, or distributing illegal drugs and narcotics. Some of these illicit substances include methamphetamine, cocaine, heroin, and marijuana. In their over-zealous pursuit, many individuals who were in possession of a certain type of drug find they are facing charges of possession with intent, which results in harsher penalties than simple possession if convicted.

November 20, 2013

Big Rapids Township Resident Busted for Meth Manufacturing

by Scott Grabel

Kevin Lee Tucker, a 54-year-old Big Rapids Township man, was scheduled to return to court on November 19 on multiple charges related to the manufacturing of methamphetamines. Tucker’s home was raided on November 13 by CMET (Central Michigan Enforcement Team), who had secured a search warrant.

According to news reports, deputies with the Mecosta County Sheriff’s Department obtained information regarding the alleged meth lab in October; this information led to an “intensive investigation,” according to police. Tucker was allegedly manufacturing methamphetamines using a method which is fairly uncommon, and known as the Red Phosphorous Method.

Neighbors in the Big Rapids Township community were said to be shocked that such activity was going on in their neighborhood. Police seized evidence, although news reports did not reveal what that evidence was. Neighbors reported that meth making components were being taken from a barn on the property.

Tucker faces charges which include manufacturing meth, owing equipment to make meth, owning a building to make meth, possession of meth, and operating a meth lab with hazardous waste. Police said that hazardous waste was sealed and removed from the scene, to be disposed of at a hazardous-waste collection site.

In the state of Michigan, possessing and/or manufacturing methamphetamine are extremely serious charges. If convicted, the accused faces harsh penalties which may include substantial fines and prison time. In fact, meth possession may result in penalties which include fines of up to $15,000 and 10 years in jail. If convicted of manufacturing methamphetamines, an individual may face fines of up to $25,000 and up to 20 years in prison. Other penalties may include driver’s license suspension and having parenting rights revoked if CPS conducts an investigation into the making of meth on property where children live.

November 20, 2013

Detroit, St. Clair Shores Police Officers Face Charges in Connection with Armed Robbery

by Scott Grabel

In July, Detroit Police Sgt. David A. Pomeroy and St. Clair Shores Police Sgt. Michael Notoriano were arrested in connection with an armed robbery after Notoriano’s daughter was robbed of her cell phone at a Detroit gas station. Now, the two officers are facing a combined 18 criminal charges stemming from the incident.

According to news reports at Mlive.com, Notoriano’s 16-year-old daughter had ridden her bicycle to the gas station with a friend. At the station, 24-year-old Dwayne Weathington allegedly pushed her from the bicycle, then stole her iPhone after grabbing her by her backpack and dragging her on the ground. He is reported to have fled the scene on foot.

While off duty, Pomeroy and Notoriano used the GPS tracking function on Notoriano’s daughter’s phone to track the location of the iPhone. They then confronted three Detroit men who they believed had the phone, according to a statement released on November 18 by the Wayne County Prosecutors Office. Investigators claim the two police officers confronted the men, who were 26, 27, and 28 years old, at gunpoint. Pomeroy allegedly took the iPhone and a handgun from the suspects’ vehicle, then stood guard while Notoriano confiscated a bag of marijuana and $300 from the pockets of the 28-year-old suspect. Before releasing him, Notoriano allegedly used the handgun to strike him in the face.

Both officers were arrested, but charges have only recently been filed. Pomeroy is charged with larceny with a firearm, two counts of unlawful imprisonment, armed robbery, willful neglect of duty, and two counts of failure to uphold the law for unlawful search and seizure.

Notoriano has been charged on the same counts, with additional charges including two counts of felonious assault, two counts of ethnic intimidation, and felony use of a firearm.

If convicted, these two officers will likely face extremely serious consequences; in Michigan, armed robbery can leave the accused facing up to life in prison. Combined with all of the other charges, Pomeroy and Notoriano may be subject to harsh punishment.

November 19, 2013

Ypsilanti Township Man Arraigned on Open Murder, Other Charges in Shooting Death at Party

by Scott Grabel

Allante Percy, a 21-year-old Ypsilanti Township man, was recently charged with open murder in the November 1 shooting death of 29-year-old Edward Gwinner. Percy was also charged with felony firearm and being a felon in possession of a firearm according to news reports at Mlive.com. Percy was arraigned on the charges by Magistrate Thomas Truesdell from the Washtenaw County Jail where he is incarcerated via video.

Percy and the victim were outside a party at approximately 1:30 a.m. in the 600 block of Armstrong Drive when the shooting took place. News reports claim Gwinner’s sister was involved in a domestic violence situation, and that he was coming to her aid when Percy allegedly pulled out a handgun and fired multiple times. One of the shots struck Gwinner in the chest. Percy then fled the scene; Gwinner was transported to a local hospital where he later succumbed to his wounds.

Investigators began interviewing individuals who were present at the party, however police said that most were not giving up much information. Police later offered a $2,500 reward in order to entice potential witnesses into talking. Eventually their interviews led to the development of a suspect, Percy. The suspect turned himself into police on November 13th.

Open murder is one of the most serious crimes an individual can be charged with; if convicted, Percy will face up to life in prison depending on whether jurors find him guilty of first- or second-degree murder. In Michigan, second-degree murder encompasses all murder offenses which are not defined as first-degree, and which are not defined as premeditated. A jury may sentence a defendant to any number of years for a conviction of second-degree murder.

While news sources do state that an argument ensued outside of the apartment where the party was taking place, there are no details as to a motive for the shooting.

November 19, 2013

Michigan Supreme Court to Consider Whether Defendant’s Right to Fair Trial was Violated by Allowance of Expert Testimony

by Scott Grabel

Levon L. Bynum was convicted of first-degree premeditated murder and two counts of assault with intent to murder in connection with an incident which took place in August of 2010. Bynum allegedly fired a gun during an altercation that took place outside a party store, and was ultimately charged in the shooting death of Larry Carter, one of the people involved in the altercation. Bynum maintained that he was frightened, and carried the gun for protection; he claims that he fired twice into the air as a warning as he was trying to leave the scene.

Bynum was ultimately convicted of the 2010 Battle Creek shooting death; however in April of this year, the Michigan Court of Appeals reversed the conviction. Bynum had argued in his appeal that expert testimony provided by a police officer who was a member of the Battle Creek Police Department’s Gang Suppression Unit violated his right to a fair trial, as the jury would be left with the impression that gang membership meant that he was guilty of the crime. Bynum was allegedly a member of a street gang known as the Boardman Boys. Bynum argued that allowance of the expert testimony was improper; the appeals court agreed, and reversed Bynum’s conviction.

Now the case has gone before the Supreme Court, who will consider whether the expert testimony provided by Officer Jim Bailey regarding gang membership was more prejudicial than probative. The Supreme Court will review the facts of the case to determine if there were errors by the trial court, and if the ruling made by the Michigan Court of Appeals to turn over Bynum’s conviction and remand the case back to court for a new trial will be upheld.

Appealing a conviction is a complex process which may or may not end well for the defendant depending on several factors, including the experience and ability of the defendant’s criminal defense attorney.

November 18, 2013

Flint Man Sentenced to Up to 20 Years for His Role in Two Meth-Related Explosions

by Scott Grabel

Keith William Boyce Jr., a 38-year-old Flint resident, was sentenced on Monday November 18 to 3 to 20 years in prison for his role in two methamphetamine lab explosions according to recent news articles. Boyce pleaded guilty to charges related to an April 16 incident on the city’s north side; he was also allegedly involved in a meth lab explosion which occurred in July on the city’s east side in the 3000 block of Woodrow Avenue.

In the April blast, neighbors reported the explosion sounding like a bomb exploded. This incident took place at the Rollingwood Manor apartment complex; the force of the explosion blew a hole in an outside wall of the complex, according to authorities. Prior to being sentenced by Genesee Circuit Judge Archie Hayman, Boyce said that leaving the military was the worst decision of his life.

Inside the apartment where the explosion originated, authorities located meth components including two one-pot meth labs made with soda bottles which were 16 and 20 ounce bottles. They believe one of these bottles caused the explosion. The defendant told police that he believed reusing one of the bottles too many times led to the explosion. Boyce apologized to residents of the apartment complex, saying that “People’s lives were at risk.”

In the July meth lab explosion, a bedroom sustained damage when a wall and window were blown out. Authorities found chemicals and 2-liter bottles filled with lye in a shed, along with jumper cables which were connected to electrical wires inside the home. There was no power in the home according to news reports.

Michigan drug crime lawyers know that a conviction for manufacturing, creating, or delivering methamphetamine or other Schedule 1 or 2 drugs will result in severe criminal penalties. These penalties may include thousands of dollars in fines along with substantial prison time, possibly even life in prison depending on the details of your specific case.