Michigan Criminal Lawyers Blog

July 23, 2013

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

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.

July 19, 2013

Robbery and Homicide at Dearborn Family Dollar Leave Police Searching for Answers

by Scott Grabel

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.

July 18, 2013

Couple Accused of Embezzlement to Go on Trial in November

by Scott Grabel

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.

July 18, 2013

Lansing Man Faces Life Sentence in Death and Torture of 2-year-old

by Scott Grabel

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.

July 18, 2013

Benton Harbor Man Convicted of Oshtemo Township Triple Shooting Sentenced to 11-plus Years in Prison

by Scott Grabel

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.

July 17, 2013

Two Men Face Jury in Connection With Lowell Township Residence Armed Robbery and Home Invasion

by Scott Grabel

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.

July 16, 2013

Cell Phone Store Robberies Result in Lengthy Prison Sentences for Two Detroit Teens

by Scott Grabel

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.