Michigan Criminal Lawyers Blog

September 3, 2013

Alleged Huron County Heroin Dealers Face September Arraignment in What Police Call ‘Heroin Dealing Ring’

Recently, two Caseville Township men were bound over to circuit court after preliminary exams revealed sufficient evidence of their involvement in what police say was a heroin dealing ring. Jeff Hatch and Brandon Fabyan, both 31 years old, are to be arraigned on September 16. Hatch is charged with possession of heroin with intent to deliver; Fabyan is charged with distributing an imitation controlled substance, according to a news article at the Huron County View.

Two other men were also arrested in connection with the heroin dealing operation, 34-year-old Rollie Smith of Caseville, and 33-year-old Anthony Spencer of Bad Axe.

In June, two search warrants were executed which resulted in police recovering drug paraphernalia, prescription drugs, heroin, and almost $4,500 in cash. A lengthy investigation led to the arrests.

Deputy Ryan Swartz, lead investigator with the Huron County Sheriff’s Office Drug Enforcement unit, testified that there was a ‘significant amount’ of heroin found in Hatch’s home, and that if sold by the tenth of a gram, would be valued at more than $10,000.

At the preliminary exam, a confidential informant who is reportedly a recovering addict desiring to eliminate the sale of drugs in the western upper Thumb area of Michigan, identified the four men as those who sold her drugs.

Huron County Sheriff Kelly J. Hanson said that even though there are other dealers in the area who are trying to fill the void left by the arrests, he did not want county residents to be worried about being overrun by heroin addicts.

As of last news reports, Hatch was being held on a 10 % of $100,000 bond; Fabyan bonded out of jail on a $5,000 personal recognizance bond.

Michigan drug dealing attorneys know that those who are convicted on charges of heroin possession with intent will face serious and even life-changing consequences. Even if the amount of heroin involved in this case is less than 50 grams, Hatch could face fines of up to $25,000 and up to 20 years in jail.

September 3, 2013

Back to School Time in Michigan – How Will We Fare in Terms of Juvenile Crime?

by Scott Grabel

As experienced Michigan criminal defense attorneys, we realize that juvenile crimes occur throughout the year, whether during summer months or while school is in session. However, considering the number of school shootings around the nation in recent years, it’s understandable that many parents become anxious and worried when a new school year begins.

While the possibility that a student (or any juvenile, for that matter) could come inside one of Michigan’s schools and start shooting is certainly something to be concerned about, there are other juvenile crimes that are far more common, including drug offenses, assault and battery, and disorderly conduct. Bullying has become a huge problem across the nation as well. Parents should be concerned, but if you are the parent of a juvenile who commits a crime, it can be particularly stressful.

With the new school year just under way, it’s hard to judge how our state will fare in terms of juvenile crime for the 2013-2014 term. However, if you are concerned that your child may misbehave in some way or even participate in something illegal, there are warning signs which may indicate your child is at risk of juvenile delinquency. These signs include:

Children who are experiencing divorce or parental separation
Children who have learning disabilities or emotional disturbances but who do not get the appropriate support
Children who witness verbal abuse or domestic violence in the family
Children who identify with or “hang out” with friends who are a bad influence
Children living in poor conditions or neighborhoods
Abused children
Children whose parents, caretakers, or other family members abuse alcohol or drugs
Children who are not involved socially, and who lack hobbies and interests

In the mid 1990s, zero tolerance policies became popular as part of the Gun Free School Act. Since that time, additional legislation has been adopted by Michigan which results in suspension for some offenses which do not involve firearms. While this legislation was meant to increase school safety, it has resulted in students (particularly African Americans, those with disabilities, and Latinos) being suspended or expelled for non-violent, minor offenses.

Later this month a statewide summit which focuses on Michigan’s school to prison pipeline will be hosted by the Department of Education, Department of Human Services, Chief Justice Robert Young, and Justice Mary Beth Kelly. This summit will be represented statewide in an effort to focus on how these issues can be controlled in each individual county.

September 2, 2013

Michigan Court of Appeals Orders Ionia Court to Reconsider Sentencing in 2006 Murder Case

by Scott Grabel

In July of 2011, 24-year-old Justin Stephens was convicted of murdering an 80-year-old woman in 2006. Stephens, who was 17 at the time, allegedly killed a Hubbardston resident, Bernita “Billie” Cunningham, in her home. The murder went unsolved for several years, and was featured in a show called “Silent Night, Violent Night” on the Investigation Discovery network last year.

In 2006, the victim’s body was discovered dead inside her home; shattered Christmas decorations were strewn across the home, according to a news article at Mlive.com. Initially, Cunningham’s death was ruled an accident, however after family members kept insisting the death was no accident, investigators re-classified it as a homicide. She was stabbed several times after catching Stephens in the act of stealing money from her home upon returning from an errand. Stephens lived across the street from the victim.

The victim’s body was exhumed about two months following her death after family members eventually convinced police to reopen the investigation; they also hired a private investigator. Even then, coroner Stephen Cohle could not come to a conclusive determination regarding the cause of Cunningham’s death.

Eventually Michigan State Police took over the investigation, and identified Stephens as a suspect. He allegedly later confessed to both his sister and police that he committed the murder. Following his conviction for first-degree murder in 2011, Stephens was sentenced to life in prison without parole.

Stephens appealed his sentence on grounds that his confession was improperly used by police in testimony at trial. While the Court of Appeals did not agree with Stephen’s argument, they did find that the defendant’s sentence should be looked at again as he was 17 years old at the time of the murder. The U.S. Supreme Court ruled in 2012 that cases involving minors facing mandatory life sentences need special consideration.

The appeals court recommended that the circuit court take into consideration the defendant’s family and home environment, mental/emotional development, age, and other factors to determine if Stephens still deserves the sentence originally handed down by Judge David Hoort.

September 2, 2013

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

by Scott Grabel

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.