On Monday October 29, two men were charged in Flint U.S. District Court with selling crack cocaine in the Flint area according to a news article at Mlive.com. The two men, who were not named in news reports, had not been indicted or arraigned on the charges at the time the news was released.

An affidavit filed by the FBI indicated that a confidential informant purchased crack cocaine from one of the suspects on numerous occasions. The affidavit also contained information that one of the purchases made by the informant occurred at a residence located in the 3500 block of Larchment Street; the home is said to be owned by one of the suspects’ fathers.

Upon executing a search warrant at the home on October 3, authorities allegedly discovered an undisclosed amount of cash, digital scales, and multiple bags of crack cocaine. The affidavit also revealed that one of the suspects admitted to selling cocaine over the past three years, and that he sold the drugs in order to support the mother of his unborn child and to purchase food and shoes. He admitted that his profits over a two to three week time period were about $100.

Both of the suspects are now in federal custody awaiting detention hearings set for November 1. A third man who has not been charged was also taken into custody by authorities.

Cocaine is a Schedule 2 drug, which means it is one of the most dangerous and highly addictive. Because of that, individuals who are convicted of possessing, manufacturing, distributing, or selling cocaine in any form (freebase, powder, or crack) face serious criminal penalties. When prosecuted at the federal level, those convicted often face even harsher punishment. Anyone who is fond guilty of possessing cocaine with the intention of selling the illegal drug will face substantial prison time along with steep fines. For example, possession of less than 50 grams with the intent to deliver will leave the accused individual facing fines of up to $25,000 along with up to 20 years in jail.

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According to a news article at Leader Publications, four individuals were sentenced to prison following a three-month long investigation into drug trafficking. The defendants, three men and one woman, allegedly trafficked crack cocaine in Niles and surrounding areas of Michigan.

Several agencies participated in the investigation, including the Niles Police Department, Grand Rapids DEA, Berrien County Sheriff’s Department narcotics unit, Michigan State Police, and the FBI office in St. Joseph. In the course of investigating the four suspects, undercover officers purchased narcotics from one of them, Harley Lamar Hatcher, at his Niles home. Two of the other suspects, Willie Earl Brown and Larry Glen Ford, were later found to have been delivering crack cocaine to Hatcher.

A South Bend, Indiana woman, Sharun Contrell Williams, was also involved in the scheme according to authorities. A search warrant was executed at her home on February 7; police seized money, cocaine, and a handgun.

The news article indicates that over the course of the investigation authorities seized 15 ounces of crack cocaine, determined to have a street value of more than $20,000. Investigations began in November 2012, when a tipster informed authorities of the alleged drug activity according to Niles Police Department Detective Chad Mitchell.

On October 8, 52-year-old Harley Hatcher was sentenced to 60 months in prison; he was charged with one count of conspiracy to deliver cocaine, and one count of conspiracy to distribute narcotics.

Larry Glen Ford, 59, was sentenced to 30 months in prison for conspiracy to deliver narcotics. Williams, 39, and Brown, 57, were sentenced to 60 months for conspiracy to deliver narcotics.

All four of the defendants were processed in Grand Rapids federal court.

Cocaine is classified as a Schedule 2 drug, one of the most abused and addictive in the country today. Individuals who are charged with cocaine possession with intent to deliver face serious criminal penalties if convicted, including a substantial number of years in prison, steep fines, and more. In fact, when more than one kilogram of cocaine is involved, the defendant may face life in prison and fines of up to $1 million dollars.

Michigan drug crime defense attorneys understand how aggressive law enforcement and prosecutors are when it comes to any alleged offense involving crack cocaine, methamphetamine, marijuana, and other illegal drugs and narcotics. In the “war on drugs,” many innocent people are charged with crimes they did not commit, or face trumped up charges of intent when they were simply in possession of a small amount of drug for their own use.

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On Thursday October 24, Sharlonda Buckman had her 2011 Chevrolet Traverse stolen right out from under her when she stopped to buy some aspirin at a BP gas station in the 10700 block of East Jefferson Avenue in Detroit. Buckman, who is CEO of Detroit Parent Network, told police that an armed man forced her from her vehicle before she could get her door closed, and that the carjacker had a gun. The incident took place at about 8 a.m. according to a news article at The Detroit News.

Buckman’s SUV was taken; three men who were at the BP station witnessed the altercation, and came to the victim’s aid. News reports say that one of the men had a licensed firearm and shot at the suspect as he chased the unknown man while driving a 2009 blue Ford Focus.

Eventually the suspect drove the victim’s SUV through a barrier at a waterfront dock a few blocks away, jumping from the vehicle before it plunged into the Detroit River. The suspect took cover in nearby brush, and shot the good Samaritan after he exited his Ford Focus to see if the suspect was still inside the sinking SUV. After exchanging gunfire with the suspect, he suffered a gunshot wound which was described as nonfatal, and was hospitalized in temporarily serious condition.

Back at the BP station, another of the three men who came to Buckman’s rescue flagged down a U.S. Border Patrol agent.

The suspect was not apprehended as of last news reports, and may have been shot in the exchange of gunfire according to police. He escaped in the good Samaritan’s Ford Focus; police believe an accomplice may have been involved. The suspect is described as a black man in his 30s with a goatee, last seen wearing dark pants, a gray vest and blue hoodie.

Buckman had just taken her 12-year-old son to school, and said, “Thank God my son was not in the car with me.”

While it is unknown if the suspect has been found by authorities, he will no doubt face serious criminal charges when apprehended. In Michigan, carjacking is a life offense. This means that if convicted, the suspect in this case could potentially face life behind bars. He may also face additional charges for seriously wounding the good Samaritan in the shootout that erupted between the two.

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On Saturday October 26, Van Buren County sheriff’s deputies were in pursuit of two men, 24-year-old Jason Smith, and 26-year-old Matthew Durian, on outstanding warrants. Upon apprehending the men, it was discovered Smith’s cell phone was monitoring deputies’ conversations through an app which operated as a police scanner, according to a news article at Mlive.com.

A news release issued by the Sheriff’s Department indicated that deputies were in pursuit of the two fugitives in the area of Sixth Avenue in Bloomingdale Township when they witnessed the two men run into a field after exiting the back door of the residence. They soon apprehended the pair, both residents of Gobles.

Upon arresting the two men on the outstanding warrants, deputies heard their own radio traffic coming from Smith’s cell phone. The news release also indicated that during the arrest, Durian began pushing and kicking the deputies, although no one was injured. The sheriff’s office also revealed that upon capturing the two, deputies discovered methamphetamine and marijuana.

Durian was placed in jail for new charges of marijuana possession and resisting arrest, along with the warrant for failure to appear in court on a weapons charge. While new charges related to the scanner app on Smith’s phone will be sought by the sheriff’s office, Smith was jailed on one charge of methamphetamine possession, and on bench warrants which were issued due to his failure to appear in court on traffic violations.

Marijuana possession is a misdemeanor offense in Michigan, however individuals who are convicted may face penalties which include fines of up to $2,000 and up to one year in jail. News reports do not indicate the amount of methamphetamine Smith had in his possession; penalties for this offense depend on the amount of meth involved, and may include fines of as much as $15,000 and/or up to 10 years in prison.

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Last week, 34-year-old Reneco Michelle Graus was charged with felony and first-degree murder after allegedly setting an apartment complex on fire in May of 2010.

Graus is accused of setting the Highland Park apartments on fire, resulting in a 64-year-old man who lived in the building jumping to his death. According to a news article at CBS Detroit, the defendant set fire to the door of one of the 56 units; 120 tenants were said to be in 42 of the apartments at the time the fire was set.

The fire spread through the complex, trapping 64-year-old Raymond Jordan on the 4th floor. He jumped after firefighters who arrived on the scene could not reach him. The Highland Park complex was located in the 270 block of Richton. News reports do not indicate why Graus set fire to the door of one of the units. More details are expected to be released following Graus’s November 5 preliminary examination.

Graus is charged with one count of felony murder, one count of first-degree premeditated murder, two counts of arson of a dwelling, and three counts of assault with intent to murder.

The defendant in this case faces extremely serious criminal penalties if convicted. While first-degree premeditated murder is a life offense, assault with intent to murder may also leave an individual facing any number of years up to life in prison. No motive was given in news articles, however it is critical that Graus hire a highly experienced Michigan criminal defense attorney to have any chance at all at escaping conviction and the serious consequences that may result.

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On Wednesday October 23, 17-year-old Sergei Ryan Guider, a Forest Hills Eastern High School student, pleaded guilty to home invasion after allegedly breaking into a home in the 2700 block of Montreat Court NE. The break-in took place in August of this year; another high school student, Shane Aaron Homrich, was also charged in the home invasion.

The two teenagers allegedly entered the home through the garage, and were confronted by Alexander Justin Pitt, the homeowner’s son and a former classmate of the two, as they were in the process of stealing items. Pitt trapped the two after finding them in the basement, according to a news article at Mlive.com. Guider and Homrich were captured at knifepoint by Pitt, who held them captive until Kent County Sheriff’s deputies arrived on the scene.

The two teens were charged with first-degree home invasion. News reports indicate that neither had a criminal record. On Tuesday, James Benison, Assistant Kent County Prosecutor, informed the judge that the prosecutor’s office would not be opposed to Guider being sentenced under HYTA (Holmes Youthful Trainee Act). Under HYTA, an individual under the age of 21 who does not commit another felony offense and who adheres to the terms of probation will have a felony conviction removed from his/her record.

Shane Homrich is scheduled to appear in court on November 26, and will likely receive a similar offer according to news reports. Both of the teens remain free on a $5,000 bond.

Michigan criminal defense attorneys realize that teenagers often get involved in mischief, never realizing the serious consequences of their actions. Had these two high school students been 21 or older or sentenced as adults, they would have faced up to 20 years in prison, the maximum sentence in Michigan for a home invasion conviction.

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Did you know that when pulled over on suspicion of driving under the influence in Michigan, your driver’ license could be suspended if you politely refuse to take a breath, blood, or chemical test – regardless of whether you are convicted of DUI? Michigan’s Implied Consent Law means you automatically consent to chemical testing when suspected of DUI, even if you don’t realize you gave consent. Many people do not realize this fact, although it is stated in the documents you sign when applying for a driver’s license. How many of us read all the fine print? Not many, and it could put your driver’s license in jeopardy.

The fact is, refusing to consent to testing can lead to the DMV suspending your license for an entire year. This does not apply to a roadside test, it applies when you are taken to the police station after being arrested for DUI. Should you politely decline testing to determine whether your BAC is within Michigan’s legal limit of 0.08%, a report of refusal will be forwarded to the Secretary of State informing authorities that you would not take the test. At this point, you have 14 days to contest the allegation. If you fail to do so, your driver’s license will be suspended for one year, and six points added to your driving record.

While this may sound harsh, it is simply the law in Michigan. How your case goes in court regarding allegations of drunk driving has very little to do with whether your driving privilege will be taken away. In fact, even if you are found not guilty in court or the charges are dismissed against you, the fact that you allegedly refused a breath test when requested by police could leave you in a very tough situation considering driving a vehicle is essential to most people’s everyday lives.

Ultimately, the smartest action you can take is to consult with a highly experienced Michigan drivers license reinstatement lawyer immediately when you have violated Michigan’s Implied Consent Law (although it may have been unknowingly). Appealing the suspension of your license to the Secretary of State in a timely fashion is critical. Your lawyer will challenge issues regarding police, and whether you were advised of your rights in regards to chemical testing, along with other issues regarding police actions.

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Kyle Alan Wilson, a 23-year-old Comstock Park resident, was arraigned on charges of open murder on September 16 in connection with the death of his 33-year-old cousin on September 13. Wilson and his cousin, Brandon Nelson, shared a York Creek apartment. The two allegedly became involved in an altercation that ended in Nelson being struck in the head; he died of blunt force trauma, according to court documents.

This week Wilson returned to court for a probable cause hearing in the death of his cousin. According to a news article at Mlive.com, this is the second time that Wilson has been accused of using deadly force to end a dispute. Wilson allegedly stabbed a 15-year-old boy in 2007 during an altercation over a debt; he pleaded guilty in that case to manslaughter, and served approximately five years in prison. He was released in April of 2012.

On Friday September 13, deputies responded to the 3800 block of Yorkland Drive NW at approximately 11:30 p.m. Upon arriving at the scene, officers found Nelson dead. Wilson was arrested the next day as he was walking in Alpine Township. He confessed to authorities that he and Nelson had been involved in an altercation that resulted in his cousin’s death.

The probable cause hearing which was scheduled for Tuesday was to be presided over by Kent County District Court Judge Steven Servaas to determine whether evidence is sufficient to bound Wilson over to felony court. If convicted, Wilson may face the maximum punishment of life in prison without parole.

Murder is the most serious criminal offense an individual can be accused of, regardless of which state a person resides in. Individuals who are charged with open murder (the degree of which is determined by a judge or jury) must have an experienced and aggressive Michigan criminal defense lawyer on their side in order to have any chance of obtaining positive results.

Even in a situation where the offense is particularly violent, every person in the U.S. is innocent until proven guilty. In cases where the accused did actually commit a heinous or violent act, a skilled defense attorney may be able to negotiate with prosecutors to have the charges reduced, particularly in situations where the defendant is of a young age.

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In August, we wrote about a 19-year-old developmentally disabled man who was convicted of killing four individuals when he was 14 years old. Davontae Sanford took his case before the Michigan Court of Appeals, claiming he was wrongly convicted of the murders. A known hit man, Vincent Smothers, claimed that he committed the murders, although he was not allowed to testify at trial. Now, the Michigan Court of Appeals has ruled that Smothers will have the opportunity to testify, possibly clearing Sanford of the Detroit drug house quadruple killing.

Sanford initially pleaded guilty to second-degree murder after five people were shot at a drug house in September of 2007. Only one of the shooting victims lived. Sanford spoke to a police officer as police were canvassing the area talking to neighbors. He denied any involvement at first, but then admitted that three other individuals and himself fired into the house. The appeals court’s opinion said that while Sanford’s account of the events corroborated with evidence found by investigators, some details were conflicting.

After pleading guilty to second-degree murder, Sanford was sentenced to 37 to 90 years in prison. At the age of 14, Sanford was interrogated by police and admitted to the murders without the presence of a parent or attorney.

Vincent Smothers is serving time for multiple drug-related killings, but said last year that the murders Sanford had been charged with were committed by himself and an accomplice. While Smothers made the statement in an AP interview and a sworn affidavit, Wayne County Prosecutor Kym Worthy refused to drop the charges against Sanford, and did not charge either Smothers or his alleged accomplice. The judge in the case denied Sanford’s request to have Smothers testify to the murders, or to allow him to withdraw his guilty plea.

Ultimately, the appeals court panel ruled that Smothers should be allowed to testify if willing. While the decision of the court does not allow Sanford to withdraw his guilty plea, the case will go back to court and the trial judge has been ordered to hear testimony from Smother’s attorney, as the hit man allegedly confided in her regarding the details of the drug house shootings.

The appeals court ruled on Sanford’s case in late September; the Wayne County prosecutor’s office was given 56 days to decide how they want to move forward with the case, according to spokeswoman Maria Miller. Kim McGinnis, attorney assigned by SADO to represent Sanford, said that “This is a big victory for Davontae.”

While this is no doubt at least a minor victory for Davontae Sanford, Michigan criminal appeals attorneys know that successfully appealing a criminal conviction or sentence is not easy. As evidenced by this case, there are often errors made in the criminal justice process, some of which impact the outcome for the accused. A young man may very well be sitting behind prison bars for a crime he did not commit.

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On Thursday October 17, Broderick D. Miller pleaded guilty to a single count of possession with intent to distribute marijuana in Flint U.S. District Court. Miller pleaded guilty after nearly two kilos of marijuana were discovered by authorities in his north side home, according to a news article at Mlive.com.

Court records indicate the defendant has a long criminal history which includes prior convictions for felony firearms, carrying a concealed weapon, drug charges, and fleeing and eluding police. In May of 2012, law enforcement authorities served a search warrant on Miller’s home. Upon searching the residence, investigators located two stolen semi-automatic pistols and several plastic bags containing marijuana in the kitchen area. The pistols were found under the couch; a charge of felon in possession of a firearm was dropped after Miller’s attorney argued that the pistols could have been placed under the sofa by anyone who had accessed his home, and due to lack of physical evidence by federal authorities as proof that Miller possessed the weapons.

Miller will likely be required to serve three to four years in federal prison when he is sentenced on February 18.

Michigan drug crime attorneys are highly familiar with the criminal penalties a defendant may face if convicted of crimes involving the manufacture and/or distribution of Schedule I and II drugs in Michigan. Depending on the type of illicit drug or narcotic and amount involved, some offenses will leave an individual facing many years or even life in prison, along with thousands of dollars in fines. Other consequences of a drug conviction may include drivers license suspension, community service, a court ordered drug program, and more.

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