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.

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On Tuesday July 16, employees of Dearborn Family Dollar store arrived at work to find that something horrible had occurred. One employee was found inside the store, apparently dead from gunshot wounds. While 20-year-old Joe Orlando was deceased, his 20-year-old coworker, Brenna K. Machus, seemed to be missing. According to police in a news article at Mlive.com, Machus may be in danger, and has not been seen since Monday evening July 15.

Police are now in search of two female customers who may have been the last people to see Orlando and Machus. The women were at the Family Dollar store between 7:25 and 7:35 p.m. on Monday evening prior to the shooting. Detectives do have surveillance footage of a man who may be a suspect; the video revealed a man entering the store at approximately 7:30 p.m. on Monday, wearing jeans and white tennis shoes. What is odd to police is that while temperatures are warm, the man is wearing a hooded sweatshirt and jacket, the hood drawn in a way that conceals most of his face.

Employees who arrived at the store on Tuesday morning also stated that the store was in disarray and appeared to have been robbed. Police suspect that Machus may be in danger, and are asking anyone with information to call 313-943-2241.

Michigan criminal defense lawyers know that if and when apprehended, the man captured on video surveillance may be facing intense questioning and investigation. While it is impossible to determine his innocence or guilt at this point, individuals who commit murder or homicide may face up to life in prison if charged and convicted. Robbery is another serious criminal offense which can have lasting negative consequences for those convicted.

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In January, we reported about a Lima Township man who had embezzlement charges against him dismissed, and new charges filed against him in connection with funneling money from A2 Auto Glass. Now, Oral and Janice Molden are scheduled to go on trial for embezzling roughly $250,000 from the glass company where both were employed according to a news article at AnnArbor.com. The couple’s trial date has been set for November 4 by a Washtenaw County judge.

Oral and Janice Molden allegedly embezzled a quarter of a million dollars over a 3 1/2 year time period. The two were first charged in 2011, however the case has been trudging through the judicial system ever since.

The news article states that on Wednesday, June 12, the couple appeared in court together briefly following a bench conference in which their attorneys requested a trial date.

Oral Molden was originally charged with embezzling $20,000 or more, however that charge was dismissed due to insufficient evidence; instead, Molden has now been charged with false pretenses of more than $20,000, false pretenses between $999 and $20,000, malicious use of a telecommunications service and permitting a false tax return. Janice Molden is charged with three counts of using a computer to commit a crime, embezzling $100,000 or more, embezzling $25,000 or more, and embezzling more than $999 but less than $20,000.

The two were both employed at A2 Auto Glass located in Scio Township, where Oral Molden performed computer work and Janice Molden was a bookkeeper.

Michigan embezzlement attorneys know the serious penalties individuals convicted of this type of criminal offense face. If convicted of embezzling $100,000 or more, Janice Molden may face up to 20 years in jail, along with fines of as much as $50,000 or three times the value of the property/money allegedly stolen.

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On April 30 of 2012, a two-year-old toddler died, the death called “suspicious” by Lansing police. Brandon Kemp was allegedly abused because of issues his mother and her boyfriend, 26-year-old Marcus Hill, were having with potty training the toddler. Now, Hill has been sentenced to life in prison without parole for his alleged role in the death of the boy.

Hill was convicted in May of this year on charges of torture, first-degree child abuse, and first-degree murder. He was sentenced on Wednesday, June 5, by Ingham County Circuit Judge Joyce Draganchuk. Mercedes Kemp, the toddler’s mother, was also charged in the case and sentenced to 25 to 30 years in prison on charges of torture, first-degree child abuse, and second-degree murder in March of this year.

According to a news article at Mlive.com, Ingham County Medical Examiner Joyce DeJong testified at Marcus Hill’s trial that the victim’s lungs had been bruised, his liver lacerated, and that he suffered internal hemorrhaging. He also allegedly had bruising around the eyes.

Ultimately, Hill and Mercedes Kemp are accused of abusing and torturing the toddler, resulting in his death on April 30 of 2012 at a local area hospital. Numerous witnesses testified in a July 2012 preliminary hearing that they believed the abuse was related to potty training issues.

In addition to his life without parole sentence for first-degree murder, Hill was sentenced to 10 to 15 years for child abuse, and 23 3/4 to 50 years for torture.

Michigan homicide defense attorneys know that when an individual is convicted on any murder charge whether first- or second-degree, felony murder, or even voluntary/involuntary manslaughter, the penalties are extremely severe. The situation described above is tragic; however, frustration in parents often inadvertently leads to unintended results.

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18-year-old Ronald Lamont Williams Jr. of Benton Harbor was recently sentenced to 135 months to 35 years in prison for his role in an April 2012 triple shooting in Oshtemo Township. According to a news article at Mlive.com, Judge Pamela L. Lightvoet, who sentenced Williams, said that the downward departure in sentencing for attempted murder and assault with intent to rob while armed was due solely to the fact that Williams had cooperated fully with police and prosecutors.

Williams was initially charged with several counts including two counts of attempted murder, two counts of assault with intent to rob while armed, seven counts of felony use of a firearm, and one count of conspiracy to commit a legal act in an illegal manner, all of which were dismissed as part of his plea agreement. The charges stemmed from a triple shooting that took place at the Concord Place Apartments on April 11 of 2012. Three men were injured in the shootings, however investigators with the Kalamazoo County Sheriff’s department said they were not seriously hurt.

Three other individuals were involved in the shooting along with Williams; those included Dallas Timokin Givhan, 18, Tyshaun Derrell Robinson, 19, and Keyshawn Israel Givhan, 17.

News reports indicate that three individuals who were inside the apartment at the time were shot after a boy came inside the apartment and began screaming, “Where’s the money,” to which one of the victims replied “What money? I don’t know what money you’re talking about.” At that point, one of the four teens began firing a gun at the occupants of the apartment, who were sitting on the couch.

Williams was ordered by Lightvoet to pay $20,188.89 in restitution along with attorney and state fees, and court costs.

Michigan criminal defense lawyers understand that in a case involving attempted murder and assault with intent to rob, the punishment handed down to Williams could have been far more severe. In fact, individuals may be sentenced for any number of years up to life in prison for attempted murder in the state of Michigan.

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Two men, Darell Wayne Boyd and Christopher Lee Warren, are accused of being among a quintet of alleged armed robbers who invaded a home in Lowell Township in May of 2012, ransacking the home after tying up the residents and pistol whipping one of them, according to a news article at Mlive.com.

Both men are now charged with first-degree home invasion and armed robbery in connection with the incident which involved two parents and a child. Five men were said to be involved in the crime, all between the ages of 20 and 31.

According to prosecutors in the case, the family was sleeping when the five suspects broke into the home. The men ordered the family to come into the living room, where they were allegedly tied up and one pistol whipped. The Kent County Sheriff’s Department claims the men made off with cash, an Xbox, computers, jewelry, and marijuana plants which were for medical use. It is believed that 21-year-old Nicholas Green, one of the five men involved in the armed robbery and home invasion, was familiar with the layout of the home prior to the incident, as he knew the family.

The three other men arrested and charged in connection with the crime include Nicholas Green, Darryl Warren, and Termayne Lagrone. All five men are from Grand Rapids. It is believed that Green, who is 21 years old, knew the family who was victimized.

According to news reports, Warren and Boyd are being tried simultaneously in the same courtroom.

Michigan criminal defense lawyers know that armed robbery and home invasion are extremely serious charges which could leave the accused individual facing severe criminal penalties if convicted. First-degree home invasion subjects the defendant to up to 20 years in prison; armed robbery can result in a sentence of life in prison depending on the circumstances.

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Two Detroit teens will face federal sentences for their alleged involvement in robbing two cell phone stores over the past year. 18-year-old Jesse Dismukes and 19-year-old David Lamont Holland now each face a mandatory minimum of 32 years behind bars for the robberies.

A news article at Mlive.com says that the teen boys may in some ways be “guinea pigs” for Detroit One, a new program launched in March that essentially merges many agencies from all levels to collaborate and fight crimes considered to be the “worst of the worst.” The agencies that have come together in this effort include the FBI, Michigan state police, Detroit police, Wayne County Sheriff’s Office, the U.S. Attorney’s Office, Bureau of Alcohol, Tobacco and Firearms, and the Wayne County Prosecutor’s Office.

It’s likely that if Holland and Dismukes had been tried at the state level in Wayne County Circuit Court, sentencing may not have been as severe.

Both Dismukes and Holland pleaded guilty to two counts of using or carrying a firearm during and in relation to a federal crime of violence, and two counts of robbery affecting interstate commerce. Dismukes allegedly robbed a Warren AT&T store on January 26 and an Eastpointe Radio Shack on December 1, using an AK-47 in commission of the crime. Holland admitted to robbing a Detroit T-Mobile store on December 7, and participated with Dismukes in the Radio Shack robbery.

Robert D. Foley III, FBI Special Agent in Charge, said that the convictions of the two teens will send a strong message that severe penalties await those who are considered dangerous criminals and who commit acts of violence.

Michigan federal crime attorneys understand the penalties handed down at the federal level are typically more severe than those at the state level. Considering the teens’ current ages and the fact that they will spend more than 30 years behind bars, their lives are essentially ruined.

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On Friday July 12, marijuana charges against 42-year-old Myron T. Williams were dropped. Now Williams has been charged with murder by the Wayne County Prosecutor’s Office in connection with the strangling death of a 35-year-old woman.

Following the dismissal of the marijuana charges on Friday, Williams was held in custody until Monday, when the new charges of first-degree murder, felony murder, and unarmed robbery could be filed. Sabrina Gianino was allegedly strangled by Williams on May 15 inside her boyfriend’s Grosse Pointe Park home, although Williams, who lived next door, was not charged with the murder at that time. He was arrested two days after the strangulation death of the victim.

Gianino’s boyfriend discovered her body upon returning home from his job at Marge’s Bar just after midnight on the 15th. He called 911 and was questioned and released by police, who believe the murder took place at approximately 11 p.m. Gianino was employed at the Platz Animal Hospital in Grosse Pointe Park.

Williams’ preliminary hearing is scheduled for July 29 at 9 a.m.. If convicted on charges of first-degree murder, he will face mandatory sentencing of life in prison according to a news article at Mlive.com.

Murder is the most serious criminal offense anyone can be charged with; Michigan murder defense attorneys know that in these types of cases, having a capable and experienced lawyer is absolutely essential. The accused individual’s legal rights must be protected, and his/her freedom fought for vigorously. Regardless of the seriousness of the crime, every person who is arrested for or charged with a crime is innocent until proven guilty.

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As experienced Michigan criminal defense attorneys know, a criminal charge does not always lead to a conviction and the resulting criminal penalties. In February of this year, 29-year-old Joslin Patrick McEwen was charged with first-degree felony home invasion in connection with an incident that occurred in Cedar Springs in the 100 block of South 1st Street; now, the charge has been dismissed by the Kent County Prosecutor’s Office.

The alleged victim, Dante Brown, told police in February that his neighbor (McEwen) came to his home to apologize for an incident that had happened the previous day. According to Brown, the apology transformed into an assault when McEwen allegedly busted into Brown’s home. McEwen asked for a polygraph test, denying Brown’s accusations. Not only did McEwen pass the polygraph in June, the alleged victim seems to have disappeared. As of a news article posted on Friday, July 12 at Mlive.com, Cedar Springs police had not been able to locate Brown.

Cedar Springs Police Chief Roger Parent said in the article that authorities don’t know if the story is fabricated, and that “All we can do is take the report from the citizen and investigate the case.” It was a bit suspicious to police that McEwen passed the polygraph, and suddenly the alleged victim has vanished.

A conviction of first-degree home invasion leaves the accused individual facing serious criminal penalties, including fines of up to $5,000 and up to 20 years in jail. As you can see from this incident, there are cases in which a seemingly innocent person may be charged with a serious crime. Even when the evidence seems overwhelming, a skilled defense attorney can often obtain a good outcome.

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On Saturday July 6, a 32-year-old Harbor Springs man was arrested after being pulled over by a Leelanau County deputy. He was charged with OWI with High BAC after a Datamaster test revealed a blood alcohol content of .22%, nearly three times Michigan’s legal limit of .08.

At approximately 5:00 p.m., a motorist called in a vehicle suspected of being operated by a drunk or impaired driver in the area of S. West Bay Shore Drive in Suttons Bay Township. The suspected drunk driver came up behind a Leelanau County patrol car that was driving in the same direction. At this point, the deputy driving the patrol car pulled off as the suspect passed, then pulled in behind him to observe for signs of intoxication. The deputy observed the driver of the vehicle crossing the center line into the oncoming lane several times, and initiated a traffic stop
The suspect failed field sobriety tests, and demonstrated symptoms of intoxication according to a news article at Mlive.com. After posting a $1,500 personal recognizance bond the man was released from custody.

Michigan drivers license reinstatement attorneys realize that the penalties are harsh enough for those convicted of DUI or OWI; however, when an individual is charged with ‘super drunk’ driving, the penalties become even more harsh – including driver’s license suspension. For example, a first-time offender who is charged with a typical DUI will face a 30-day license suspension followed by 150 days of restricted driving. However, if an individual is found to have a BAC of .17 or higher and is charged with super drunk driving, that individual’s license will be suspended for one year, with restrictions permitted after 45 days.

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