Michigan Criminal Lawyers Blog

September 2, 2013

Bloomingdale Motorcyclist Pulled Over After Driving Erratically, Arrested on Drug Charges

On Sunday evening September 1, a 42-year-old Bloomingdale man was pulled over by Van Buren County sheriff’s deputies after it was observed the man, who was driving a Harley-Davidson motorcycle, was driving erratically. Authorities claim the man was weaving in and out of his lane, according to a news article at Mlive.com.

A news release issued by the Sheriff’s office indicated that deputies watched the driver of the motorcycle, who was leaning to the point that they feared the driver was going to fall off. The incident took place at approximately 9 p.m. in the area of Rumery and West streets.

Deputies claim that the driver of the motorcycle increased his speed and pulled off into a private driveway after spotting the police cruiser, which turned around in order to apprehend the motorcyclist. Deputies said he did this in order to avoid contact with police. The news release contained information regarding deputies performing dexterity tests on the driver once he was apprehended; those tests indicated that the driver of the bike was under the influence of drugs.

The man allegedly told deputies that he had taken numerous medications including Flexeril, Vicodin, and morphine. Upon searching the man, deputies stated they found marijuana, methamphetamine, and a small amount of heroin. He was arrested at the scene; his name was not released at the time of print. He was lodged at the Van Buren County Jail on possession of meth, marijuana, and heroin, and suspicion of operating a motor vehicle while under the influence of drugs.

While there is no indication whether charges have been filed, Michigan drug crime attorneys know the serious penalties individuals convicted of possessing or distributing illegal drugs and narcotics face. On its own, possession of heroin in amounts of less than 50 grams may leave the defendant facing fines of as much as $25,000, four years in prison, or both.

August 30, 2013

Labor Day 2013 – Safety Tips for Michigan Residents

by Scott Grabel

Labor Day should be a holiday filled with fun and family; unfortunately, every year too many people are seriously injured or lose their lives in boating and car accidents. Many families choose to spend the weekend at the lake camping; for school children, it is the last long weekend before the Thanksgiving holiday.

Whether you are camping, boating, grilling outdoors for friends and family, or just taking it easy, make it fun and safe by following these tips:

Remember that police are out in full force checking for use of safety belts, and impaired drivers. Through Labor Day, 155 local police departments, Michigan State Police, and local sheriff’s offices will be participating in the Drive Sober or Get Pulled Over campaign. Not only will law enforcement officials be checking for drunk drivers, they will also enforce safety belt laws. As Michigan criminal defense attorneys, we know the consequences of driving drunk – and the costs to your reputation and career far outweigh monetary costs, which can be thousands. If you’re out and about having a good time and without a designated driver, call a cab. In 2012, eight people in the state of Michigan lost their lives in car crashes; half of those were alcohol-related.

Avoid texting or talking on cell phones while driving. Distracted driving is thought to be as dangerous or perhaps even more so than drunk driving. If you have to communicate via text or talking, pull over. Statistics indicate that drivers who text while driving are 23 times more likely to be involved in a car accident.

Plan to enjoy Michigan’s lakes over the Labor Day weekend? Practice safe boating. Always wear a life jacket, and be familiar with the lake you will be boating on. Knowing where stump beds, sandbars, and other hazards are located can prevent an accident.

While it’s important for the driver of the boat to pay close attention, it’s a good idea to have a lookout as well. Statistics provided by the U.S. Coast Guard indicate that improper lookout and operator attention are leading factors in accidents involving boats.

When someone is in the water near the boat after diving, skiing, or other activities, shut the engine off. Avoid overloading your boat, and most importantly, DON’T DRINK while boating. Drinking and boating don’t mix; the number one factor that contributes to boating accidents is consuming alcohol, as it impairs your physical and mental abilities, as well as your judgment.

August 30, 2013

Refusing the Breath Test in Michigan Could Cost You Your Driving Privilege

by Scott Grabel

If you live in Michigan, you already know that the laws regarding drunk or impaired driving are very strict. When a police officer pulls an individual over on suspicion that the driver is driving while under the influence of alcohol, he or she may request that you take a breath test. If you refuse, your driver’s license will be suspended automatically.

When a police officer suspects OWI (operating while intoxicated), under the law he or she may arrest you, and have blood drawn for chemical testing. Police in the state of Michigan have the authority to arrest someone when that person is operating a motor vehicle on a highway, roadway, or any area open to the general public when they see visible signs of impairment. In most cases, the officer will request that the driver take a breath test; this is to help confirm his or her suspicion that the driver is indeed operating under the influence. If you refuse, your driver’s license will be suspended on the spot for one year – even if you are a first-time offender. If it’s a second refusal within a seven year period, this suspension increases to two years.

All of this being said, this is an administrative process whose propriety may be questioned on various grounds in court. For example, the stop may have been unlawful if police did not have reasonable suspicion to pull you over. A skilled Michigan drivers license reinstatement lawyer will thoroughly review your case to determine if there may be valid grounds to challenge the suspension of your license. In many cases, it is helpful in restoring an individual’s driving privilege when he or she has no prior criminal history or DUI arrest.

Even if you do take the breath test and fail, the court may suspend your driver’s license upon conviction or admission of guilt. Depending on the severity of the charge and whether it is a first, second, or third offense, the length of time your license is suspended may vary. In some circumstances, your license may be revoked, which is even more serious.

August 29, 2013

Washington Township Toddler Dies, Mother’s Boyfriend Charged with Murder

by Scott Grabel

On Monday August 26, 2-year-old Damian R. Sutton was pronounced dead by doctors the day following surgery to relieve pressure from brain swelling. Doctor’s removed a portion of the toddler’s skull to accomplish this. However, it was determined by medical examiners that the toddler was murdered, his injuries caused by blunt force trauma.

Ronald A. Dimambro, 26 was charged on Wednesday August 28 with first-degree felony murder. Dimambro was the boyfriend of the toddler’s mother. Prior to Damian’s death, Dimambro gave police different versions of the events that led to his arrest for first-degree child abuse.

Dimambro eventually admitted to police that he shook Damian; however, before this admission, he told 911 operators that he suspected Damian had suffered an asthma attack. Later, he told police that the toddler fell from his crib and suffered the injury. Dimambro was with the toddler while Nikki Sutton, Damian’s mother, was working. He was babysitting the boy for his girlfriend.

Damian was hospitalized on Wednesday August 21 and said to be in critical condition.

Michigan homicide defense lawyers know that if convicted, Dimambro will face life-changing consequences. First-degree murder is a crime punishable by life in prison. Murder and homicide offenses are some of the most serious an individual can be accused of. It is critical that whether guilty or innocent, capable and aggressive legal representation is sought.

In order for prosecutors to secure a conviction for first-degree murder, there are certain elements that must be proven such as premeditation. A competent attorney will thoroughly analyze the specifics of your case to determine the most effective defense strategy for securing positive results. An arrest does not always lead to a conviction; you are innocent until proven guilty beyond a reasonable doubt.

August 29, 2013

Sex Charges Against Bay City Teacher Upheld by Michigan Appeals Court

by Scott Grabel

In June of 2012, charges brought against a Bay City substitute teacher accused of engaging in sexual activities with students were dropped by Bay County Circuit Judge Kenneth W. Schmidt. Heidi L. Lewis, then 43 years old, had been charged with six counts of third-degree criminal sexual conduct with a student at Bay City Central High School, where Lewis taught British Literature for students who were emotionally impaired. Lewis was a substitute who taught the subject from January 2010 until the end of the school year.

Investigations began after a female student at the school informed the assistant principal that Lewis had engaged in sex with her boyfriend. Police started investigating the teacher in January of 2011. Because Lewis was a substitute teacher and not under contract with the school as other teachers are over the course of the summer, Judge Schmidt ruled that Lewis was not a substitute teacher because school was not in session when the alleged sexual acts took place.

Three 17-year-old teens claimed they had sex with Lewis on numerous occasions during the summer of 2010. In Michigan, the age of consent for sexual intercourse is 18 when the alleged activity occurs between a teacher and student. Richard Lee Jr., Lewis’ defense attorney, argued that because it was summer and Lewis was not employed by the school, it was not illegal for her to engage in sexual relations with the teenagers. Ultimately, Judge Schmidt dismissed all six counts of third-degree CSC against Lewis because she was not considered a substitute teacher as class was not in session.

The Bay County Prosecutor’s Office appealed Schmidt’s ruling; now, the Michigan Court of Appeals has ruled that the charges against Lewis will be reinstated, and Judge Schmidt’s ruling reversed. The appeals court ruled that prosecution is not foreclosed when a substitute teacher engages in sexual penetration with a student on Saturday, after the bell rings, or during summer months. Basically, if Lewis’ occupation gave her access to the student of the relevant age group, the Legislature intended to punish that conduct.

The appeals court issued an opinion on August 27 stating that Judge Schmidt erred in dismissing the charges. Third-degree CSC is a felony offense punished by a maximum of 15 years in prison.

August 28, 2013

23-year-old Ithaca Man Arrested After Suspected Meth Found in Van

by Scott Grabel

On Monday August 26, a 23-year-old Ithaca man was arrested after authorities found what they believed to be components for manufacturing methamphetamine in a white Dodge Caravan. After his arrest, the Midland County Sheriff’s Office was preparing to recommend to prosecutors that he be charged with possession and meth manufacturing, according to a news article at Mlive.com. Pending his arraignment, the suspect is currently lodged at the Midland County Jail.

On the 26th, Sgt. Michael Sutherlund of the sheriff’s department was patrolling when he came across the white van, which appeared to have been sitting in the area of Magrudder and Kent near Jasper for quite some time, according to sheriff’s department reports. Sutherlund was patrolling the around between 10:30 and 11:00 p.m. following recent larceny complaints when he saw the van sitting at an intersection.

When the driver of the white Dodge Caravan saw the patrol car, he turned into a private driveway and then got out of the van, according to police. Upon being questioned, the suspect told police he was searching for a friend who lived in the area. Police then checked with residents, and determined the person who the suspect had named did not reside there.

Police apparently became suspicious at this point and requested permission to search the van; the suspect complied. Upon searching the vehicle, police found filters, lithium batteries, plastic bottles, drain cleaners, and a white crystal-type substance which was determined to be methamphetamine after field testing. The suspect was transported to the Midland County Jail after being arrested. Michigan State Police and the Bay Area Narcotics Enforcement Team assisted the sheriff’s department.

Manufacturing methamphetamine or any Schedule 1 or 2 drug in the state is considered a very serious criminal offense. As all Michigan drug possession lawyers know, the penalties for these types of crimes include steep fines and long-term jail sentences, among other things.

August 27, 2013

Validity of Search Warrant in Waterloo Township Marijuana Case Continues to Be Challenged

by Scott Grabel

In April of this year, 45-year-old Dennis Neil Myers of Waterloo Township was arraigned on a charge of manufacturing 20 or more marijuana plants at his home located at 12351 Territorial Road. Law enforcement officials searched the home and allegedly found plastic-covered walls and grow lights in two rooms at the home. Myers once had a medical marijuana card according to a news article at Mlive.com, but it has since expired.

In May, Jackson County District Judge Michael Klaeren agreed to consider the validity of a search warrant issued in the case. Andrew Kirkpatrick, Myers’ defense attorney, contends the warrant used to search his client’s home was invalid. In a May news article, it was stated that the case against Klaeren, who is accused of having more than 30 marijuana plants in his home, may be dismissed if the judge agrees and evidence is suppressed.

News reports claim that Waterloo Township police Chief Tom Cottrell became suspicious upon learning that after a passerby reported a fire near the entrance of the home, Myers would not allow firefighters inside. Cottrell also alleged that when he want to Myers’ home, the defendant would not allow him inside. Condensation on some of the windows at the residence also concerned Cottrell.

Testimony in the case had been ongoing in recent weeks; the judge now says he will hear additional testimony on September 11 regarding the legitimacy of the search warrant, which was secured by Cottrell after Myers refused to let firefighters, himself, and others inside the home following the fire, which charred the front porch and melted the home’s siding.

Myers’ defense attorney argues the events are not substantial enough to justify a search warrant; Assistant Prosecutor Matt Way disagrees, stating that combined, the suspicious activity amounts to probable cause.

If the charges against Myers stand, Michigan drug crime defense lawyers know he will face up to seven years in prison.

August 27, 2013

Court of Appeals Upholds Conviction of Roosevelt Park Woman in Torture of Infant Son

by Scott Grabel

Tiffany Nicole Lang’s conviction and sentencing for the August 2010 torture of her infant son will stand, according to the Michigan Court of Appeals. Lang was convicted by Muskegon County 14th Circuit Chief Judge William C. Marietti of torture and first-degree child abuse. The defendant was sentenced to 13 to 25 years for torture, and 10 to 15 years for first-degree child abuse to be served concurrently.

In August of 2010, a Roosevelt Park police officer went to Lang’s home on a call that news reports say was unrelated to the torture. Upon arriving at the home, Lang began to cry and confessed to the officer that she had struck the child; she then recanted her story and claimed he had fallen on the floor. The police officer called an ambulance after seeing the injuries the 4-week-old baby had suffered.

Medical personnel testified at trial that the defendant had admitted at the emergency room that she had attempted to suffocate the baby, swung him numerous times against a closet door, and performed a sexual act on the baby. Personnel testified that at the time Lang made these comments, she did not appear to be delusional. The defendant was evaluated by mental health professionals and hospitalized for a period, as she did demonstrate symptoms of mental illness. At trial, she asserted an insanity defense; the judge determine in both charges that Lang was “guilty but mentally ill.”

In her appeal, Lange argued that her confessions at the hospital should not have been permitted at trial because they were involuntary due to the fact that she was exhausted, impaired, and mentally ill. She also held that her sentencing guidelines were improperly scored too high by the judge.

The appeals court opinion revealed numerous injuries which were based on the defendant’s trial transcript; these injuries included broken legs, potential burns in the genital area, skull fractures, and broken ribs which were partially healed, among other fractures. The appeals court disagreed with both of Lang’s arguments, ruling that her conviction and sentencing would stand.

August 27, 2013

20-year-old Comstock Township Woman Pleads Guilty to Manslaughter in Death of Boyfriend

by Scott Grabel

On Friday August 23, 20-year-old Jeanette Moore pleaded guilty to the fatal stabbing of her boyfriend in December of 2012. Moore allegedly stabbed the victim in the Comstock Township apartment the two shared, killing him.

Moore attended a hearing on Friday in Kalamazoo County Circuit Court in front of Judge Alexander C. Lipsey. She agreed to a plea deal in which upon pleading guilty to manslaughter, one charge of second-degree murder would be dismissed at her September 16 sentencing.

Moore pleaded guilty to stabbing 25-year-old Marcus Mahone on December 18, 2012 at the Comstock Village Apartments where the two lived. She was initially charged with one count of manslaughter, and one count of second-degree murder. The two had apparently been involved a dispute which ended with Mahone being stabbed. The defendant allegedly went to a neighbor’s apartment following the altercation and told the neighbor she had stabbed Mahone.

Latoya Martin, the defendant’s mother, stated that she believed the fatal stabbing was an act of self defense. Martin said that her daughter had told her in prior conversations that Mahone was jealous. She also said that she had talked with neighbors at the apartment complex, who told her that Mahone had been inside the apartment on the morning of the fatal stabbing, fighting with her daughter. Martin contends that her daughter ran to neighbors for help, then headed back to the apartment when she thought Mahone had left. Upon her return, she found Mahone was still in the apartment, and the fight continued.

Moore remains in the Kalamazoo county Jail on a $150,000 cash/surety bond according to a news article at Mlive.com. Court documents indicate prosecutors will recommend Moore be sentenced to three to 15 years for manslaughter.

Michigan manslaughter defense attorneys realize the tragedy of the situation when a young person faces prison time for a violent crime. Was Moore acting in self defense, as her mother said? Regardless, serving time in prison can ruin lives, reputations, and careers.

August 26, 2013

Wanted Paw Paw Man Arrested for Meth Possession, Other Drug Charges

by Scott Grabel

Scotty McConnell, a 26-year-old Paw Paw resident, was arrested on Thursday August 22 in connection with operating a meth lab and other drug charges, according to a news article at Mlive.com. Law enforcement authorities received a tip regarding the whereabouts of McConnell, who had been wanted on drug charges.

McConnell was located at the Applewood Mobile Home Community according to the Van Buren County Sheriff’s Office. He was wanted by Michigan State Police on bench warrants for failing to appear in court on original charges of amphetamine possession and assault, and meth possession according to a news release issued by the sheriff’s office.

After receiving the tip, state troopers and sheriff’s deputies went to the trailer park located in the 53400 block of County Road 687. Upon arriving, authorities found McConnell and a methamphetamine lab. McConnell allegedly attempted to flee out the back door of the trailer while authorities were speaking with his wife. McConnell was ordered out after running to a back bedroom in the trailer home, and was arrested. During the course of the arrest, police allegedly located components for manufacturing methamphetamine; they then secured a search warrant. After executing the warrant, deputies and troopers found numerous components for manufacturing meth.

McConnell was placed under arrest by authorities for the outstanding warrants; he was also charged with operating and maintaining a meth lab. Another woman who was not named was also arrested at the trailer on suspicion of operating and maintaining a meth lab, according to the article.

Michigan drug possession lawyers are well aware of the serious criminal penalties individuals face if convicted of operating/maintaining a meth lab. Depending on the amount of drug involved and other factors, penalties may include between 20 years and life in prison, and fines that range from several thousand dollars up to $1,000,000. Drug crimes are punished severely in the state of Michigan.