Michigan Criminal Lawyers Blog

July 29, 2013

Man, Woman in Bonnie and Clyde-style Robberies Used Knife, Pepper Spray

Over a span of eight days, at least four robberies have occurred in the Wyoming area which police believe involve a man and woman. Two individuals, 28-year-old Codie Ann Vargas-Alegre and 38-year-old Juan Mario Hernandez-Correa, were arrested at their Byron Center Avenue home on July 25 in connection with the Bonnie and Clyde-style hold-ups.

In all, two Dollar General stores, a CVS Pharmacy and Boost Mobile Store were robbed; the series of robberies began on July 11 with the Dollar General Store located at 919 36th St. SW. According to a news article at Mlive.com, Vargas-Alegre would rob the stores using pepper spray and/or a knife, while Hernandez-Correa admitted to driving the getaway car. In two of the robberies, Vargas-Alegre claimed she had a gun, according to store clerks.

July 19th is when the last robbery was reported at the Cash Advance store; in this incident, police say an employee of the store was assaulted when she was pushed into the parking lot by a woman, who escaped with an undisclosed amount of money.

Both suspects were arraigned on four counts of armed robbery on July 26, and remain incarcerated in the Kent County Jail on a $50,000 bond. A probable cause hearing is scheduled in Wyoming District Court for August 7.

Michigan armed robbery lawyers know all too well the punishment individuals face if convicted of this serious crime. Even when a weapon is not actually present but insinuated in order to instill fear or intimidate the victim, a conviction may result in life in prison.

July 26, 2013

Woman Charged with OWI Causing Serious Injury After Husband Falls from Trunk of Car

by Scott Grabel

Michigan driver’s license restoration attorneys realize the devastating consequences that often result due to DUI, drunk driving, or operating while intoxicated. People are often seriously injured or even killed; those who are convicted may spend substantial time in jail and face steep fines, license suspension, or be required to attend an alcohol abuse program.

Recently, 52-year-old Drew Bristow suffered a serious head injury after falling from the trunk of the car being driven by his 47-year-old wife, who was accused of driving drunk. Bristow remained in the hospital as of last news reports on July 24, however a hospital spokeswoman had no information on Mr. Bristow’s condition.

According to a news article at Mlive.com, the incident occurred in Leoni Township near Center Lake and Washington Drive as the woman was driving on Edgewater Drive. Drew Bristow was apparently wearing wet swim shorts and was riding on the trunk because he did not want to get the vehicle’s seats wet according to Sheriff Steve Rand.

When Bristow fell off the trunk and struck the pavement, his wife allegedly left him in the road; an off-duty deputy came upon him in the road a bit later, and called 911.

The woman, whose name was not revealed in news reports, was released from jail on a personal recognizance bond. If convicted of the charge, the maximum sentence she may face is five years in prison. Her arraignment is scheduled for Friday, July 26 before Jackson County District Judge Joseph Filip.

While the other penalties are no doubt harsh, an individual convicted of OWI will likely have his or her driver’s license suspended for 180 days. Depending on other factors and whether it is a first or subsequent offense, an individual’s license may be suspended or revoked for even longer. When someone is charged with OWI causing serious injury as described in the story above, that person’s driver’s license will be revoked for a minimum of one year.

July 26, 2013

Wrongly Convicted for a Sex Crime? Consult with a Seasoned Michigan Criminal Appeals Lawyer

by Scott Grabel

Michigan sex crime appeals attorneys know that there are many innocent people sitting behind bars for crimes they did not commit. Unfortunately, rape, child molestation, and sexual assault are some of the easiest crimes someone can be accused of committing, regardless of whether the allegations are true. However, disproving the accusations is not easy – and regardless of your innocence or guilt, the public, and often jurors, have a preconceived notion that you are guilty. When jurors are biased, it can result in a wrongful conviction.

A conviction does not mean that you are at the end of the road and there are no other options. When you have been wrongly convicted of any criminal offense, the best thing you can do is to consult with an experienced Michigan criminal appeals lawyer who is skilled and highly familiar with the appeals process. Winning an appeal is not easy, and the process is complex. Your attorney will thoroughly review your case to determine if you have strong grounds for an appeal of the decision made at trial.

The fact is, jurors are not the only ones who can make mistakes or have clouded judgment; judges and prosecutors can err as well, and often do. Even witnesses may not always tell the whole truth. Children who are alleged victims are often coerced into making accusations by adults, or may hear/see things on television and in the media that give them ideas. Whatever the reason, if you are not guilty of the crime you have been convicted of, you must take action.

Following a conviction, there are several options that may apply in your situation depending on the circumstances. You may want to consider filing a motion for a new trial, file a motion for a Ginther Hearing if you feel your conviction was a result of ineffective counsel, or introduce new evidence which may support your innocence.

July 25, 2013

Medical Marijuana Edibles not ‘Usable’ Marijuana According to Ruling of Michigan Appeals Court

by Scott Grabel

In a ruling issued two weeks ago, the conviction of a medical marijuana patient was vacated by the Michigan Court of Appeals. The appeals court found that an “edible” (brownies) containing THC extract from marijuana resin is not, under the MMMA (Michigan Medical Marijuana Act), usable marihuana. The court vacated the patient’s conviction in the case of Earl Cantrell Carruthers, who was charged with possession of marijuana with intent to deliver following a traffic stop in January of 2011.

Carruthers appealed his conviction, filing a motion to dismiss the possession charge based on several factors. Carruthers argued that being charged with an offense was improper due to the fact that he had a medical marijuana card for himself at the time of the stop. He also claimed to have in his possession a caregiver certificate, and applications for four patients. Carruthers also argued that only the net weight of the THC extract in the brownies should be considered rather then the gross weight of the food. The defendant claimed that if only the active ingredient was weighed, the limit set forth in section 4 of the MMMA, MCL 333.26424 would have prevented prosecutors from filing charges against him.

The defendant’s attorney motioned for the charges against his client be dismissed, however the trial court denied this motion. The trial court found that the total weight of the brownies would be considered a marijuana mixture; it also ruled that Carruthers could not use the medical marijuana defense.

Ultimately, the appeals court determined that the evidence presented to the panel indicated that the brownies did not consist of a mixture or preparation of dried flowers and leaves of the marihuana plant, but rather an extract. Therefore, as defined under the MMMA, the brownies could not be considered usable marihuana, and whether Carruthers possessed more than 12.5 ounces of usable marijuana upon the traffic stop should not have been determined by including the weight of the brownies in the measure of the amount of marijuana in his possession.

Mr. Carruthers will now go back to the Oakland Circuit Court for further proceedings consistent with the Court of Appeals opinion.

Michigan criminal appeals attorneys know that the process of appealing a conviction or sentence is often highly complex. However, individuals who feel the criminal justice system has failed them do have the right to appeal, although it does not necessarily mean the COA will overturn a conviction or send a case back to court for resentencing.

July 25, 2013

Cipriano, Young Sentenced to Life in Prison in Baseball Bat Murder of Robert Cipriano

by Scott Grabel

Almost one year ago, we wrote about two young men who had been involved in the beating of one of the young men’s family with a baseball bat. Now, Tucker Cipriano and Mitchell Young have been sentenced to life in prison for the murder of Tucker’s father, Robert Cipriano.

On Wednesday July 24, 20-year-old Tucker Cipriano and 21-year-old Mitchell Young were sentenced to mandatory life in prison for the April 2012 murder. Tucker is adopted, and according to news reports denies any responsibility in the beating of his father. Cipriano’s mother, Rose, was severely beaten in the attack, as was his brother Salvatore, who still remains in the hospital as the result of injuries he sustained in the altercation.

While Cipriano and Young were friends prior to the baseball bat attack of Cipriano’s family, the two now each point the finger at the other as being the mastermind behind the attack.

After being abandoned by his birth mother, it was said in court that Tucker Cipriano had a difficult life. While Oakland County Judge Shalina Kumar acknowledged the fact, she said he was not the only individual who has been in a situation where as a child, he was abandoned and adopted by a loving, supporting family who was well-to-do. Kumar said in court that, “With all the support you had, and all the love you had, you threw it away.”

Mitchell Young maintains he is innocent, and according to a news article at Mlive.com, guaranteed he would appeal at the sentencing hearing on Wednesday. Young accused his attorney of failing him, claiming that there were several things he had requested Michael McCarthy do during the trial so that jurors could see the discrepancies in testimony of Ian Zinderman, a key witness, but that his attorney did not follow through. After nearly 30 minutes, Judge Kumar told Young that it was not an appeal hearing.

It is believed that drugs and alcohol played a role in the downfall of Tucker Cipriano, who became involved with the substances in his teens.

As all Michigan criminal defense attorneys would no doubt agree, this is an extremely sad situation. While it’s not always possible to get to the truth, it is a tragedy to think that two lives are wasted, and that men who are barely out of their teenage years will spend the rest of their lives behind bars.

July 24, 2013

South Lyon Man Charged in Stabbing Death of 22-year-old Taylor Woman

by Scott Grabel

A South Lyon man, 31-year-old Eric John Frederickson, has been charged with first-degree murder in the murder of his ex-girlfriend. 22-year-old Summer Faulkner allegedly died after being stabbed by Frederickson on Friday July 19.

Wayne County Prosecutor Kym Worthy charged Frederickson with the murder, alleging that he entered the victim’s Rosewood Avenue apartment on Friday evening and stabbed her in the areas of the head and neck. According to a news report at 7 Action News, the young woman was pronounced dead at the scene.

Police stated that the victim’s sister called 911 following the incident. Frederickson was in custody of the Taylor Police Department as of July 20; he had turned himself in to the Fenton Police Department.

Frederickson was arraigned via video on Monday, charged with first-degree murder and felony murder. He is being treated as a second-time offender as he was on probation at the time of the murder for aggravated stalking in a 2009 case, information gathered from Michigan’s Offender Tracking Information System.

Murder is the most serious charge an individual may face. Michigan murder defense lawyers know that without an experienced and capable attorney, defendants face extremely serious consequences including life in prison. However, even in the case of the most violent or heinous crimes, individuals are innocent until proven guilty beyond a reasonable doubt under the law.

Being charged with a crime does not necessarily mean that an individual will ‘do the time.’ Mistakes are frequently made in the legal process, either by police, prosecutors, or even judges. In certain situations a charge may be dismissed; a knowledgeable Michigan criminal defense attorney may find that filing an appeal of the conviction or sentence is desirable in your case.

July 23, 2013

Ann Arbor Man Held on $1.2 Million Bond in Connection with Four Armed Robberies in the Area

by Scott Grabel

Authorities believe than one man is responsible for four armed robberies that have occurred in Ann Arbor this year. Ahmad Abdullah-Albasir is in custody in the Washtenaw County Jail after being charged with the robberies, called ‘brazen’ in news articles. The 30-year-old Abdullah-Albasir is being held on a $1.2 million bond following his arraignment on Friday, July 19 before Magistrate Thomas Truesdell.

According to police, the defendant committed four armed robberies including those at two Subway locations, the GameStop, and Biggby Coffee. Lt. Detective Robert Pfannes of the Ann Arbor police said that what they believe to be heroin was seized at Abdullah-Albasir’s home.

The robberies have occurred over a period of months beginning in April, when the suspect went inside the businesses during daylight hours while customers were in the stores. Police said that in course of robbing the businesses, the suspect brandished a knife before employees while demanding money. The last robbery took place on July 12; it was the only incident in which the employee reported seeing the barrel of a handgun rather than a knife. The suspect fled on foot following each alleged robbery.

Abdullah-Albasir was arrested after detectives served a search warrant on July 18 at a home located in the 700 block of North Maple Road. A news article at Annarbor.com indicates that heroin was seized at the home as well.

News reports do not indicate when the suspect’s preliminary hearing will take place, however Michigan armed robbery attorneys know that if convicted, the minimum sentence is two years. However, the presence of a weapon (or even insinuation of a weapon) could mean that the defendant in this case will face life behind bars.

July 22, 2013

Man Charged with Arson in Saginaw to Face Additional Capital Charges

by Scott Grabel

In April, we wrote about Jeffrey P. McKenna being charged with arson in connection with a fire that burned a rental home where he was living. The home was divided into separate units; four families were living in the rental home at the time. Now, 33-year-old McKenna is facing two additional charges of assault with intent to murder in connection with two people who lived in the upstairs section of the home.

Prosecutors added the charges on Thursday July 18 following testimony from multiple witnesses. Judge A.T. Frank of the Saginaw County District Court concluded that probable cause was shown by prosecutors at the preliminary hearing to take the defendant to trial in Circuit Court. In Michigan, assault with intent to murder carries a maximum penalty of life in prison.

Although McKenna was initially scheduled for a preliminary hearing regarding the arson charge in May, it was postponed when Eldor Herrmann, McKenna’s defense attorney, challenged whether his client was mentally competent to stand trial and requested a psychiatric exam. Judge Frank ruled that the defendant was competent to stand trial after receiving a report from the Center for Forensic Psychiatry in Ypsilanti.

McKenna allegedly set fire to the rental home in January as tenants were sleeping inside. One of the residents awoke and smelled smoke; all four escaped without injury according to news reports. Firefighters battled the blaze in extremely cold temperatures and high winds, one sustaining minor injuries.

Michigan criminal defense attorneys realize the serious criminal penalties individuals face if convicted of arson of a dwelling, a 20-year felony. However, if convicted of the additional charges McKenna may spend the remainder of his life behind bars.

July 22, 2013

Challenging the Suspension of Your Driver’s License: Hardship Appeal

by Scott Grabel

When an individual loses his or her driving privilege, it is stressful and creates a hardship, to say the least. Getting to and from work or school can become a problem; if others rely on you for transportation, for example your children or elderly parents, it can become a burden for others around you. There are instances in which you may be able to have your driving privilege restored in what is known as a hardship appeal. This requires convincing the court that you are enduring a hardship because of the fact that your license has been suspended or revoked.

There are circumstances in which you may appeal for hardship, and others in which you cannot. Some types of suspensions which may qualify you to petition for hardship include:

A first implied consent suspension MCL 257.625f
Accidents, points, or incompetent to drive MCL 257.320
Driving while your license is revoked or suspended MCL 257.904(10), (11)
Suspension due to mental or physical disability MCL 257.303(1)(d)
Probationary license suspensions MCL 257.310d

You cannot appeal for hardship if:

Your license has been suspended due to reckless driving and other factors as listed under MCL 257.319
Suspension of your license due to financial responsibility (i.e., child support) – however, it may be possible to appeal if financial responsibility suspension was due to a procedural error.

Having your driving privilege restored through a hardship appeal is not a simple process. You must file the claim of appeal, determine the proper venue, file certain documents and pay fees to the circuit court, detail the hardship, file prior to a deadline, and attend a final hearing in which you must emphasize all positive points in order to present a convincing appeal before those representing the Secretary of State. The fact is, filing for a hardship appeal is much easier accomplished with the support and guidance of a skilled and experienced Michigan driver’s license reinstatement attorney.

July 19, 2013

Why You Need a Capable Michigan Criminal Appeals Attorney

by Scott Grabel

Whether you have been wrongly convicted of a sex or drug crime, robbery, or any serious criminal offense, it does not always mean that it is the end of the road. Additionally, there are times when the sentence given an individual by a judge is harsher than usual and you may want to consider appealing the sentence with the Michigan Court of Appeals. In either situation, it is critical that you consult with a seasoned Michigan criminal appeals attorney who is very familiar with the appeals process, and who has a winning track record in appellate matters.

Appealing a conviction or sentencing is not a simple matter; the fact is, without a skilled lawyer the chances of having a conviction overturned or a case being sent back to court for resentencing are not favorable. However, when you do have an experienced criminal appeals lawyer in your corner, it is often possible to reach the desired outcome.

There are many grounds on which an appeal may be made; police, prosecutors, and judges are all human, and mistakes can be made. Judges can be wrong in their rulings. Police may make mistakes in the course of an arrest. In the case of a DUI or drug offense, test results are not always reliable, as testing equipment may not be properly calibrated; human error can result in faulty results as well.

Appeals are quite common in cases involving criminal activity. Your Michigan appellate attorney may appeal sentencing, a conviction, or even an inappropriate decision by filing an appeal with the Michigan Court of Appeals, or taking other action which may include Motion for Ginther Hearing, Motions to Set Aside a Conviction, Motion to Change or Withdraw a Plea, Writs of Habeas Corpus, and more.