Michigan Criminal Lawyers Blog

July 31, 2013

Drug Smuggling Attempt Leaves Grand Rapids Woman Facing Probation, Jail time

On Tuesday July 30, 25-year-old Cierra Shanae Collins pleaded guilty to a delivery of marijuana charge in connection to an attempt to smuggle drugs to inmates incarcerated in the Central Michigan Correctional Facility. Collins, a resident of Grand Rapids, reportedly tried to smuggle oxycodone, marijuana, and other items to inmates.

A news article at Mlive.com states that late last year, two inmates asked a corrections officer if he would assist them in bringing heroin into the facility in exchange for cash. Instead, the corrections officer reported the inmates request to the police, according to Gratiot County Prosecutor Keith Kushion.

The inmates apparently believed the corrections officer would work with them, and contacted Antawanicka Sherrills, another Grand Rapids resident, to arrange for Collins to make the drug delivery. Collins was to meet with the corrections officer, who would then deliver the drugs to Central Michigan Correctional Facility.

Instead, Collins met with who she believed to be a corrections officer in a Walmart parking lot in late December. The individual she passed the items to was actually a Michigan State Police detective. Collins gave him a cell phone, cash, and packages containing drugs. She was sentenced to up to 90 days in jail, and approximately three years probation. Kushion stated that Collins was currently on probation in connection with a charge on delivering drugs in another state.

Michigan drug defense attorneys know the importance of having a capable and aggressive lawyer on your side when charged with a drug offense. The use, possession, or delivery of marijuana, narcotics, methamphetamine, heroin, cocaine, and other drugs is taken very seriously in the state. Penalties are extremely harsh for those convicted, often including steep fines and substantial jail/prison time.

July 31, 2013

Man Faces Federal Charges in Connection With Ann Arbor, Bay and Saginaw County Bank Robberies

by Scott Grabel

James W. Brackenbury, a 42-year-old man charged with robbing an Ann Arbor bank on July 24, has recently admitted to three other bank robberies in the Saginaw and Bay City areas, according to news reports at AnnArbor.com and Mlive.com.

An FBI agent alleges in a criminal complaint that Brackenbury admitted to robbing three banks, and perpetrating a holdup at another, although he obtained no money in that incident. The banks Brackenbury allegedly robbed over a one-month time period include First Merit Bank in Hampton Township, Sunrise Family Credit Union in Bangor Township, and Fifth Third Bank in Ann Arbor. Community State Bank in Birch Run was the intended target of the attempted holdup in which Brackenbury claims he obtained no money.

FBI Special Agent Robert G. Schmitz wrote in an affidavit that Brackenbury obtained $9,600 in the robbery of Fifth Third Bank in Ann Arbor. According to the affidavit, the suspect pointed a black semiautomatic weapon at two bank employees, demanding they give him all of the large bills. Once they complied, he told them it was not enough. After taking the money tellers placed on the counter, Brackenbury took the money and walked out of the bank.

In all of the robberies, witnesses claim that the suspect brandished a handgun at bank tellers; surveillance footage also supports these claims. Brackenbury was arrested on Saturday, July 27, after a tip led Ann Arbor police to a Lansing-area Courtyard by Marriott. At the time of his arrest, the affidavit alleges the suspect had a crack pipe and crack cocaine in his possession. He also told investigators that he acted alone in the robberies, and used a BB gun in the commission of the crimes.

Kevin Mulcahy of the U.S. Attorney’s Office stated that Brackenbury has been charged with one count of bank robbery in federal court in connection with the Ann Arbor holdup. More charges are expected in connection with the other bank robberies, according to Mulcahy. News reports indicate the preliminary examination is scheduled for August 12.

Michigan armed robbery attorneys realize the serious criminal penalties individuals face when convicted of bank robbery, particularly at the federal level. In Michigan, robbing a bank is an offense that will leave the accused facing a potential life sentence.

July 30, 2013

MethCapital, Nonprofit Organization Started by Former Paw Paw Meth Addict

by Scott Grabel

According to Jewel Dailey, a former methamphetamine addict, the last three years haven’t been easy. Dailey says that the Van Buren County Drug Treatment Court Program she entered after being addicted to meth for 16 years not only changed her life, but saved it. She also admits that her addiction robbed her of her health, children, and marriage, and that if she had not conquered her “demons,” she may have ended up in prison, or even worse, dead.

Today, Dailey works on the nonprofit organization she began in 2011, MethCapital. After spending the majority of her adult life producing and selling meth, Dailey now focuses on raising money for the Van Buren County Drug Court. She now fights to stop the manufacture, use, and distribution of the drug that once had her in its grasp, raising money primarily through a fundraiser once titled the Community Recovery Bash, but now renamed to Festivalooza. The annual festival features food, games, contests, live music, a 5K race, silent auction, kids’ zone, and more. This year’s festival is slated to be held at the Paw Paw Middle School on August 3.

Dailey’s downhill slide began when her mother died, a very difficult time in her life. She said that she tried one line of meth at a party, and that was all it took. According to Dailey, meth made her feel good, but cost her a marriage and new home shortly after she became addicted. After the breakup of her marriage, she began manufacturing and selling meth to support her own use habit.

A news article at Mlive.com reveals that Dailey was stopped by police in December 2009; the car she was riding in contained a meth lab, leading to her being charged with meth possession. She was presented with the opportunity in court to enroll in a drug court rather than spend time in jail. While she admits the drug court was a “long, difficult road,” Dailey kept plodding forward and eventually began going to church, cutting ties with friends who used drugs. After seeing what she felt was a vision from God, Dailey approached a church in Paw Paw, Fresh Water Community Church, to help her with the resources to get MethCapital off and running.

Since it all began, Dailey has raised thousands for the drug court, held speeches to educate students about meth, and been a mentor for women in the drug court program. Also earning her GED and reconnecting with her children, Dailey said graduating from the drug program in 2012 was “one of the greatest accomplishments” of her life.

Michigan drug crime attorneys know that the punishment is severe for those convicted of offenses involving the use, manufacture, or sale of illegal drugs and narcotics. This story is one example of how individuals can turn their lives around, although it isn’t an easy journey.

July 30, 2013

Probable Cause Hearing Delayed in Labor Day Double-Murder Case Due to ‘Voluminous’ Evidence

by Scott Grabel

Michael Tarris Rashad Norris was scheduled to appear for a probable cause hearing on Friday, July 26 in connection with the September 2012 shooting deaths of 22-year-old Alvaro Carrillo-Menendez and 45-year-old Felix Romeo Reyes-Santos. Now, the probable cause hearing has been delayed due to what Norris’ attorney Christopher Dennie called a ‘voluminous discovery.’ According to a news article at Mlive.com, Dennie desired to delay the hearing after receiving this evidence from the Kent County Prosecutor’s Office.

The probable cause hearing has been rescheduled for August 9 after Grand Rapids District Court Judge Benjamin Logan agreed to the delay.

Norris was arraigned in July in connection with the Labor Day 2012 fatal shooting, which police say was an attempted robbery that went bad. Norris is charged with three counts of attempted murder, and two counts of felony murder in the deaths of Carrillo-Menendez and Reyes-Santos. A witness who was with Norris claims that he saw the two victims carting a case of beer, and Norris eyeing the two men. Manuel Rosado was allegedly with Norris, and claims that Norris said he was ‘broke’ and intended to rob the men. He went on to say that he witnessed the two men tumbling to the ground after hearing a bang. Rosado was charged with three counts of assault with intent to rob while armed.

Norris also allegedly shot another man approximately an hour later in the area of Buchanan Avenue SW and Griggs Street, although the victim survived.

Norris is also charged with two felony firearms counts. If convicted of the felony murder and gun charges, he faces a mandatory sentence of life in prison. He is currently being held without bond in the Kent County Jail; Rosado was held on a $750,000 bond.

While news articles do not indicate what the ‘voluminous’ evidence Norris’ attorney received is, Michigan murder attorneys know that this is one of the most serious charges a person can face. It is always a tragedy when a person who is 24 years old may potentially spend the rest of his or her life behind bars.

July 29, 2013

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

by Scott Grabel

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.