Michigan Criminal Lawyers Blog

November 15, 2013

Critical Advice for Michigan Motorists Who Have Had Their Driver’s License Suspended

Michigan driver’s license restoration attorneys realize the dramatic impact not being able to drive has on your daily life. Unfortunately, we also know that on the Internet, there is plenty of misinformation regarding drivers license suspension and the process of having your license restored or reinstated. At Grabel & Associates, we have extensive skill and experience in this area, and know how critical it is to successfully navigate the Michigan Secretary of State’s Driver’s License Appeal Division to have a client’s driving privileges restored.

To be clear, this is not a simple process. Both you, as the client, and the Michigan drivers license reinstatement lawyer you choose to represent you must have a clear understanding of what the hearing officers will expect. This is why it’s vital to have an attorney who will communicate with you and explain what is necessary and the steps that must be taken in order to have the best chance of having your driver’s license restored.

Most individuals licenses are suspended or revoked due to multiple drunk driving offenses; therefore, if you have had two DUI convictions within a seven year time period or three drunk driving convictions within ten years, it will be presumed by the Secretary of State that you have serious issues when it comes to drinking, or are even an alcoholic. Because of this, there are issues which must be addressed in order to have your license restored, which your attorney should work through with you to ensure there are no misunderstandings.

Here is what you must prove:

That you have the motivation and ability to operate a motor vehicle safely, and within the law;
That any issues you have with the abuse of alcohol or drugs are under control, and will remain under control;
That there is minimal risk you will engage in past abusive behavior or drive drunk in the future;
You must prove that you have abstained completely from the use of alcohol and/or drugs for a period of at least six months. This being said, abstinence from alcohol/controlled substances for one year typically results in a better chance of having your driving privilege restored.

This is just a portion of what must be accomplished in order to have your driver’s license reinstated. It is also imperative that the application is properly prepared and other requirements satisfied.

November 14, 2013

Convictions of Former Bridgman Woman for Check Fraud and Perjury Upheld by Michigan Appeals Court

by Scott Grabel

In 2011, 42-year-old Betsy Kwasny was convicted in Berrien County Trial Court of check fraud and perjury. She is serving three prison sentences for allegedly swindling a retired couple and two women in in 2008 and 2009 in by credit card fraud and check scams, according to a news article at The Herald Palladium.

Kwasny was sentenced to two 5 to 22 1/2 year terms for perjury and subornation of perjury after she was found guilty of inducing a defense witness to lie on the stand. Because of her status as a habitual offender, Kwasny was also sentenced to 3 to 21 years in prison for uttering and publishing a fraudulent check.

Kwasny appealed her convictions to the Michigan Court of Appeals, arguing that Trial Court Judge Charles LaSata erred by allowing one trial for several similar charges. She also argued that evidence was allowed regarding a prior criminal record. The appeals court panel rejected her arguments, but remanded the uttering and publishing case to Trial Court for a new order of restitution.

Appealing a conviction is no simple matter, as all Michigan criminal appeals attorneys are aware. However, mistakes are made every day in the legal system, leaving innocent people facing punishment for crimes they did not commit. In some cases, an individual may feel he or she was sentenced unfairly in accordance with state sentencing guidelines. Judges, juries, prosecutors, and members of law enforcement are required to uphold the law. Unfortunately, mistakes are made which can devastate the lives of those accused and cost them their freedom.

November 14, 2013

Woman Charged with Meth Possession Following Coldwater House Fire

by Scott Grabel

On September 9, a home located on Greenfield Road on the Michigan-Indiana state line caught fire. After investigating, it was discovered that methamphetamine was on the property, according to a news article at The Daily Reporter. 44-year-old Laura Ferrier was recently charged with possession of methamphetamine, and is now facing a maximum prison sentence of 20 years due to convictions related to meth in 2005 and 2010 in Indiana.

Ferrier’s bond was set at $100,000 by Branch County District Judge Brent Weigle. Awaiting scheduling of preliminary proceedings, Ferrier requested a reduction in bond due to the fact she is scheduled to appear in Indiana on another charge November 20.

When the fire began in the home in a second floor bedroom, Ferrier was able to remove two children from the home safely, a 6-year-old girl and 8-year-old boy. Authorities did not reveal whether the manufacture of methamphetamine led to the fire, although representatives from the Branch County Sheriff’s office were called in by fire department officials to help remove hazardous waste which was related to the production of methamphetamine at the scene.

News reports indicate investigators found remnants of a one-pot meth cooking lab in a backpack in the garage of the home. Ferrier’s car was also found to have drug residue and components for meth making. Court documents indicated that Ferrier appeared to be under the influence at the scene, and admitted to using methamphetamine. Inside the home, police and firemen found materials used to smoke drugs, along with synthetic marijuana and several bundles of meth.

The fire was under control in just a few minutes, and contained in a bedroom.

The news article indicated only that Ferrier had been charged with methamphetamine possession, however warrants have been issued for other individuals involved. It was not clear whether authorities intend to charge any of the residents of the home with manufacturing meth.

The criminal penalties for possession of or manufacturing methamphetamine in Michigan are severe. As indicated above, Ferrier will face up to 20 years in prison due to her status as a repeat offender. Typically, a first-time offender convicted of possessing meth will face up to 10 years in prison, and fines of up to $15,000 depending on the amount of the drug involved.

November 14, 2013

Tennessee Man Charged with Armed Robbery and Murder of Jackson Bar Owner Nearly 40 Years After the Fact

by Scott Grabel

A Nashville, TN man, 65-year-old George Edward Alexander, was recently charged in the death of a Jackson bar owner nearly 40 years ago. Alexander is now incarcerated in the Jackson County Jail awaiting a November 26 preliminary exam on charges of armed robbery and first-degree murder in the September 1975 shooting death of Edward Stankiewicz.

Alexander was extradited from Tennessee on October 15 and arraigned by the county magistrate, according to a news article at Mlive.com. The nearly 40 year old case had grown cold, although Prosecutor Jerry Jarzynka said he did not know why. Jarzynka praised investigators Duaine Pittman and Nathan Gross for their diligent efforts in bringing about Alexander’s arrest. Because the evidence against the defendant has not yet been presented in court, Jarzynka would not reveal how the charges against Alexander came about.

In September of 1975, the victim was gunned down outside a bar on Michigan Avenue, then known as the Pink Elephant Bar. He was allegedly shot in the head and neck area, and died at a hospital emergency room. Authorities say that Stankiewicz was robbed of a briefcase containing about $700, the night’s receipts from the bar before being ambushed with a shotgun. Businessmen in the area at the time claim the victim had problems with gang members frequenting the bar, and that he was frequently threatened according to a 1975 story published in the Citizen Patriot.

Alexander lived in Jackson at the time of the alleged crime, and has served prison time for delivery of heroin and larceny from a person.

If convicted of first-degree murder Alexander will likely face life in prison, the maximum punishment in Michigan. Both armed robbery and murder are extremely serious crimes, leaving those accused facing the potential loss of their freedom forever.

November 13, 2013

Kalamazoo Township Police Believe Home Explosion May Be Meth-Related; Parchment Man Suspected

by Scott Grabel

In the early morning hours of November 12, Kalamazoo Township Police were investigating an explosion that occurred inside a Parchment home that blew out a window and knocked a foundation wall loose. Authorities believe the explosion may have been meth-related.

Police are looking for 24-year-old Branden Michael McNamara in connection with the explosion. McNamara is accused of absconding while on parole, and wanted by the Michigan Department of Corrections. Police issued a news release describing McNamara as white, approximately 5′ 10″ tall with blue eyes and brown hair, weighing about 170 pounds. Officials also said that McNamara may have hand and facial injuries.

Police do not believe the owner of the home is involved in any suspicious activity. The explosion at the home located in the 600 block of Parchmount occurred just before 7 a.m.; police would not reveal how many individuals were inside the home when the explosion took place.

Details have yet to be released as to why police suspect meth was being manufactured in the home. The only evidence of the explosion outside the home was broken glass from the window.

If charged with manufacturing methamphetamine, McNamara will face serious penalties if convicted. In Michigan, the punishment for manufacturing Schedule 1 or 2 drugs are severe, and depend on various factors including the type and amount of drug involved, criminal history of the accused, and more.

An individual who is charged with manufacturing methamphetamine in an amount of less than 50 grams will potentially face fines of up to $25,000 and/or as long as 20 years in prison if found guilty. Penalties increase substantially in terms of fines/prison time for larger amounts of an illicit substance including cocaine, ecstasy, opium, or LSD. For instance, amounts of more than 1,000 grams will leave the accused individual potentially facing life in prison and fines of up to $1 million dollars.

November 12, 2013

Michigan Appeals Court Directs Lower Court Judge to Conduct Evidentiary Hearing Regarding Adequacy of Defense Attorney in 2012 Murder Conviction

by Scott Grabel

In November of last year, 30-year-old Roger Stein was convicted of first-degree murder; he is serving a life sentence, and contends he had “ineffective assistance of counsel.” Stein was found guilty by a jury in the June 2012 shooting death of 22-year-old Ricky Upshaw.

Stein appealed his conviction on the grounds that his attorney did not adequately defend him at trial. In October, the Michigan Court of Appeals signed an order directing a Jackson County Circuit Court judge to conduct an evidentiary hearing so that it can be determined whether Stein’s trial lawyer, Anthony Raduazo, was ineffective. According to a news article at Mlive.com, the Court of Appeals order was signed on October 25. The circuit court is to have the evidentiary hearing within 56 days of this date.

At his January sentencing hearing, Stein told Jackson County Circuit Judge Susan Beebe that he was innocent, and mumbled that he just wanted his appeal papers as sheriff’s deputies walked him out of the courtroom. Stein claims that he did not receive a fair trial; he told the judge that prior to deliberations, the only black individual on the jury was drawn off the panel.

Upon issuance of an order in the circuit court, the Court of Appeals will continue work on the case.

Stein allegedly shot Upshaw in the back after the two men had become engaged in an argument. Witnesses testified that as Upshaw walked away from the defendant in the 1000 block of Adrian Avenue, Stein fired the gun. Prosecutors argued that Stein’s actions were premeditated and intentional.

Anyone who has been wrongly convicted of a serious criminal offense such as murder may have the opportunity to appeal their conviction. The penalties for murder in the state of Michigan are extremely harsh, as indicated in this case. Unless Stein’s appeal is successful, he will spend the rest of his life in prison without the possibility of parole.

November 12, 2013

Former Portage City Councilwoman to Stand Trial for Embezzling

by Scott Grabel

Elizabeth Campbell, a 42-year-old former Portage City Councilwoman, has been ordered to stand trial on charges of embezzlement in connection with money she allegedly stole from the Portage Rotary Club’s coffers beginning in January of 2010, according to news articles. Campbell has been charged with a single count of embezzling more than $20,000 but less than $50,000.

Campbell is believed to have embezzled the money after she began having financial difficulties; news reports indicate she had racked up more than $50,000 on credit cards, and was behind on bills.

Lead investigator in the case Detective Randy Dylhoff said in his report that Campbell began funneling the money when she closed one of the rotary club’s accounts with the Keystone Bank. She allegedly withdrew the money in the account in the form of three cashier’s checks; the total taken from the account was over $12,000. Two of the cashier’s checks totaling less than $1,400 were then deposited into accounts at Michigan Commerce Bank which were in the Rotary Club’s name. The remaining $11,000 was deposited at JP Morgan Chase in a new account set up by the defendant. This account was opened under Portage Rotary Charities; Dylhoff claims that Campbell used the funds in this account for herself for approximately one year, until February 2011.

Campbell allegedly continued the scheme months later when she secured a cashier’s check for more than $26,000 from another of the Rotary Club’s accounts at Michigan Commerce Bank. Dylhoff said that this money was placed in an account under the Portage Rotary Charities name at Bank of America. For the next four months, checks from this account were issued to Campbell’s husband, father, and herself. The amounts of the checks issued from the account ranged from $800 to nearly $8,000.

Campbell took out another cashier’s check and cash in March of this year; after all was said and done, Dylhoff determined in his investigation that Campbell had racked up just over $39,000 for her own use from Rotary Club funds. Dylhoff accused Campbell of moving money back and forth from one account to another quickly so that it would be difficult to trace; Campbell admitted to the fact.

Ultimately, Campbell was charged with one count of felony embezzlement of more than $20,000 but less than $50,000 in October. If convicted, she may face a maximum of 10 years in prison.

Embezzlement is a serious white collar crime which will leave the individual convicted facing severe criminal penalties. Not only may Campbell spend several years behind bars, her career and reputation will likely be ruined. In embezzlement cases involving the amount of money Campbell is accused of stealing, penalties may also include fines of up to $15,000 or three times the value of the money, whichever is greater.

November 11, 2013

Witnesses Testify in Case Against 27-year-old Charged with Death of Couple as Result of Drunk Driving

by Scott Grabel

Last month, a couple was involved in a crash in Grand Rapids Township which resulted in their deaths. 20-year-old Andrea Herrera and her boyfriend, 23-year-old Eric Fischer, were killed in a collision involving 27-year-old Joseph Jay Ford, who authorities say was drunk at the time. Last week witnesses to the crash testified at the second probable cause hearing in Kent County District Court.

Those who witnessed the accident include an emergency rescue worker and two individuals who were on their way to work. The accident occurred at approximately 10 p.m. on October 10, according to a news article at Mlive.com.

One of the witnesses, Maurissa Bracken, stated that as she was heading into work she witnessed a car heading north on Patterson. The vehicle ran the stoplight, slamming into the victims’ car which was proceeding through the green left turn signal. Another witness, AeroMed flight nurse Rita Sears, testified that she was riding with co-workers when they came upon the accident. Sears called 911 after seeing two people severely injured inside a Mazda. She also noticed a blood-covered man sitting in the grass nearby, who she said muttered, “Why did they pull out in front of me?” when she went to speak to him. Sears said that she could not identify the man sitting in the grass when asked by prosecutors.

Ford was driving a Charger, which struck the victims’ Mazda and caused the vehicle to be shoved into a semi-truck in the eastbound lane as it was attempting to make a left turn onto Patterson Road. Ford admitted that he was drinking prior to the crash according to an affidavit in court records.

Doctors determined that Ford was intoxicated at the time of the crash. Initially, Ford’s defense attorney Mark Dodge did not want to question doctors regarding their findings; he had agreed to stipulate to the reports showing his client’s blood tests. On Friday, Dodge decided that he would prefer to hear testimony from the medical personnel in regards to Ford’s blood alcohol level.

Ford is required to wear an electronic tether until his trial for BAC monitoring purposes, and is free on a $50,000 bond.

Michigan criminal defense lawyers know the seriousness of this type of charge. If convicted, Ford could face up to 15 years in prison depending on factors including criminal history. As with any criminal case, prosecutors have the burden of proving the defendant’s guilt.

November 11, 2013

Federal Charges Dismissed Against Otsego Woman Accused of Dealing Drugs Through U.S. Postal Service

by Scott Grabel

Last month, an Otsego woman was arrested after it was suspected by U.S. postal inspectors that she was dealing methamphetamine through the mail. Magdalena Stevenson was arrested and facing federal charges after the U.S. Postal Inspection Service discovered a suspicious package which had been mailed from Vallejo, CA at the Grand Rapids Priority Mail Center. The package was on its way to an Otsego post office box, according to news reports at Mlive.com.

Following a K-9 inspection which revealed the package contained narcotics, a federal search warrant was obtained by authorities. According to a three-page complaint, inspectors discovered the package contained approximately 200 grams of crystal methamphetamine.

Upon the discovery, members of the West Michigan Enforcement Team and postal inspectors conducted a controlled delivery of the package to the Otsego post office in an effort to catch Stevenson, who arrived at the post office on the afternoon of October 9 to pick up the package. She was arrested by officers who were waiting for her as she exited the facility.

Stevenson reportedly admitted that she knew the package contained meth, and that she was a dealer. She was charged with possession with intent to distribute 50 grams or more of meth, and using a communications facility in facilitating the possession with intent to distribute methamphetamine.

Now, approximately one month later, the charges against Stevenson have been dismissed according to documents filed in U.S. District Court in Grand Rapids on October 29. While the investigation is ongoing, Detroit U.S. Postal Inspector Wylie Christopher said that he had no comment on the charges being dismissed against Stevenson.

A conviction for meth possession with intent to deliver may leave an individual facing up to 20 years in prison, depending on the facts of the case. In most cases, federal charges result in even more serious punishment for the individual. While it has not been revealed what led to the charges being dismissed against Stevenson, no doubt she has escaped serious consequences for the time being.

November 8, 2013

Former Illinois State Trooper Speaks Out in Fourth Attempt to Have Driver’s License Reinstated

by Scott Grabel

In November of 2007, former Illinois state trooper Matt Mitchell caused an accident which resulted in the deaths of Jessica and Kelli Uhl. Mitchell pleaded guilty to reckless homicide after crossing the median on Interstate 64 and crashing into the victims’ car. This resulted from talking on a cell phone while driving at speeds of more than 125 miles per hour according to a news article at ksdk.com.

Mitchell was sentenced to 20 months probation; he also lost his driver’s license. In July, Mitchell appealed to have his driver’s license reinstated for the fourth time, saying that he must have his license to work and to support his family. Mitchell, who now lives in Texas, said that a license was necessary to seek employment, to sustain his life, and to provide for his daughter. At his appeal, Mitchell stressed to the panel that he was not a risk-taker, reckless, or a monster.

The victims’ family members were present in court; they maintain that the revocation of Mitchell’s license was part of his plea deal, and that he should not be given the privilege to drive.

Mitchell’s request to have his license reinstated was recently denied. The accident involving the Uhl’s was his third as a state trooper.

In Michigan, as it appears in Indiana, having a drivers license reinstated following multiple driving offenses is difficult at best. It is certainly devastating to be involved in an accident which takes the life of someone, however having the privilege to drive is a necessity.

Drivers licenses are often suspended or revoked in Michigan when individuals have multiple DUI or drug offense convictions. Getting your license back is not easy; in fact, far from it. To have your license restored, it is necessary to file an appeal with the DAAD (Secretary of State’s Driver Assessment and Appeal Division). Even then, it is critical that you have a highly experienced Michigan drivers license reinstatement attorney who can guide you through the complex process.