Michigan Criminal Lawyers Blog

May 14, 2013

Michigan Court of Appeals Orders Re-sentencing in Armed Robbery Case in 2012; Supreme Court Now Hears Arguments

In March of 2012, the Michigan Court of Appeals ordered that then 20-year-old Devon Glenn Jr. be re-sentenced for his role in a 2009 armed robbery in Jackson. Glenn had been serving 18 to 30 years in prison, however the appeals court ordered a Jackson County Circuit judge to re-sentence Glenn due to their findings that the defendant’s actions were not torturous or “designed to substantially increase the anxiety and fear of his victims.”

Glenn robbed a Buddy’s Mini Mart in Jackson in August of 2009, using what was actually an Airsoft or BB gun, although victims believed he was carrying a sawed-off shotgun.

The appeals court determined that had Glenn not been given points for what was determined to be “aggravated physical abuse,” minimum sentencing according to recommended state guidelines would have been no greater than 11 years and four months.

In 2010, Jackson County Circuit Judge John McBain found that the defendant’s behavior in the course of committing the robbery had “substantially increased the anxiety and fear” of the victims; however, the Michigan Court of Appeals did not agree, and ordered Glenn to be re-sentenced.

Now, Jackson County Chief Appellate Attorney Jerrold Schrotenboer has appealed the COAs decision to the Supreme Court. On May 8, the court heard arguments from Schrotenboer and Glenn’s attorney. If it is determined that Glenn’s behavior did not significantly increase the anxiety and fear in his victims, his prison sentence may be reduced. The Supreme Court will issue an opinion prior to August 1 of this year, according to a news article at Mlive.com.

Michigan criminal sentence appeals attorneys know that frequently, individuals are penalized excessively in terms of sentencing.

May 13, 2013

Ypsilanti Man Pleads Guilty to Driving Drunk and Striking Police Officer in Parking Lot

by Scott Grabel

On February 14 of this year, Robert Lamont Addie was charged with numerous counts after allegedly striking a Pittsfield Township police officer in a Burger King parking lot. Addie was charged with two counts of resisting a police officer, assault with a dangerous weapon, third offense operating while intoxicated, and fourth-degree fleeing police. He pleaded guilty to these charges on Thursday May 9.

Because he pleaded guilty, Addie’s status as a habitual offender and one count of assault with intent to commit bodily harm less than murder were dismissed. According to a news article at AnnArbor.com, Addie had been convicted on charges of drunk driving on four different occasions including in 1994, 1999, 2001, and 2006. He is 39 years old.

Addie was driving his vehicle through a drive-thru window at a Burger King parking lot in February when an officer requested that he pull his car into a specific spot. At this time, Addie says that when he went to pull his car over, it sideswiped the police officer. The officer suffered minor injuries after being knocked to the ground.

The altercation began when employees at the Burger King restaurant located at 6190 W. Michigan Avenue called police because of alleged disturbance with employees in the drive-thru window by two men inside a Ford Taurus. Addie was the driver of the vehicle, and according to news reports accelerated at a high rate of speed when asked by officers to park the vehicle. This is when he reportedly sideswiped the police officer. News reports state that officers had told Addie repeatedly to park the vehicle.

After accelerating through the parking lot, Addie reportedly left the scene and was pursued by police for a short time. The chase ended at Saulk Trail Drive; Addie was eventually taken into custody by police after resisting arrest. He was freed on bond, and is scheduled for sentencing on June 13.

Michigan drivers license restoration lawyers know that when an individual has been convicted of operating while intoxicated repeatedly, that individual faces suspension or revocation of his or her license. Penalties for a third offense OWI or DUI include possible probation, up to five years in prison, and driver’s license revocation for 5 or more years among other things.

May 13, 2013

Grand Haven Man Faces Time in Federal Prison, Restitution for Cheating on Taxes

by Scott Grabel

Matthew Daniels, a 46-year-old Grand Haven man who pleaded guilty to filing a false tax return, was sentenced on Wednesday, May 8 to six months in federal prison. Daniels was also ordered to pay more than $119,000 in restitution to the IRS after he allegedly under-reported his income by $362,000 according to a news article at Mlive.com.

Daniels’ attorney, Matthew Vicari, said that his client “is sorry and ashamed for what he has done.” Daniels is a married father of three children; his attorney said in court that his client had taken responsibility for his actions.

The news article highlights the fact that Daniels is a respected member of society who received numerous letters of support from his friends, family and colleagues during the criminal justice process. He is said to be a role model to his three children, and very much involved in their lives.

Daniels wrote a letter apologizing for what he had done to U.S. District Judge Robert Holmes Bell. His attorney said that Daniels was simply motivated by greed, and that he under-reported his income never thinking he would be caught. Daniels also wrote to Judge Bell that he was living beyond his means, and that he was ashamed of the pain he caused his family, his dishonesty, and of what he did. He also revealed in the letter that he is losing this insurance business he had built.

Michigan federal crime attorneys understand the serious consequences individuals convicted for federal tax fraud face. Any fraud-related crimes prosecuted at the federal level subject the defendant to more serious penalties than they would usually face at the state level. Some of these crimes include welfare and Medicare fraud, bank and social security fraud, and more. Perhaps the worst thing of all in the case of Mr. Daniels is that he has lost a business that was seemingly successful.

May 10, 2013

Appealing a Criminal Sentence in Michigan

by Scott Grabel

In most cases, a criminal sentence is a serious matter that can negatively impact your life in varying degrees depending on the crime committed. When an individual is sentenced to years in prison, it isn’t unusual to appeal; however, it is a very complex process that requires among other things having proof and a solid reason that you feel you were unjustly sentenced.

When an individual and his/her Michigan criminal appeals attorney files an appeal of the sentence, there is no “new trial” in that the facts or evidence are not usually reconsidered. In other words, it is not a question of whether the defendant committed the crime, but whether the sentencing judge may have made an error in his or her decision to sentence you in a way that is unfair or substantially out of line with Michigan’s sentencing guidelines.

When you have made the decision to file an appeal of your sentence, there are strict rules that should be adhered to. There are forms that must be filed with the clerk of the court; filing your notice of appeal must be done within a certain window of time as well. Defendant’s who do not file an appeal within the specific time allotted will usually not have their case reviewed by a new judge or court. Once this is taken care of, an appellate brief must be written and filed. This brief is essentially an explanation to the court regarding the reasons you believe a mistake was made by the judge who sentenced you. Depending on whether it is a state or federal case, the government or prosecutor will also file their own brief in order to state their beliefs and feelings as to why the sentence you were initially given should not be changed.

May 10, 2013

Beverly Hills Man Sentenced to 137 Years for Arson, Insurance Fraud in Detroit Area

by Scott Grabel

Ali Darwich, a 31-year-old man who lives in Beverly Hills, was sentenced on Wednesday May 8 to 137 years in prison following his December conviction for his role in an arson ring that resulted in insurance companies being defrauded of more than $5 million. Darwich was initially arrested in 2008 as he was seen fleeing from a burning building in Detroit.

According to a news article at Mlive.com, Darwich was sentenced in federal court and was among a total of nine individuals who allegedly participated in the insurance fraud ring. All of the eight other suspects have been sentenced after pleading guilty.

Federal officials said that in total, seven insurance companies were defrauded. The individuals involved in the arson ring allegedly purchased insurance on a number of vehicles, homes, and businesses. They would then cause floods, set the properties on fire, or otherwise vandalize them so that they could collect insurance money for replacement, repairs, and other costs including lost profits.

Darwich allegedly set a fire at Warrendale Hardware in Detroit that resulted in damages of more than $500,000. In 2008, he was observed going into a building on Cheyenne Street in Detroit, then fleeing with what appeared to be a bottle of liquid as the building burned. News reports also state that Darwich attempted to conceal the arson/insurance fraud operation by shifting ownership of the properties around to friends and family members.

Several agencies participated in the investigation of the arson ring including Dearborn police, Detroit fire departments, the IRS and the FBI.

Michigan arson attorneys know that in a situation such as this one, the consequences are extremely serious. Not only may those involved be charged with arson, but with insurance fraud as well. As is evident in this case, individuals who are convicted may spend the rest of their lives behind bars.

May 9, 2013

Resentencing of Man Convicted of Murder Put on Hold by Michigan Court of Appeals

by Scott Grabel

Leo Terlisner, a man who is now 65 years old, was convicted in 1977 for a murder and robbery that occurred in 1971. Another man, James Wayne Wilson, was also convicted; both are currently serving sentences of life in prison without parole in the murder of Joe Swetay. In March of this year, Terlisner’s conviction was overturned by the Michigan Court of Appeals. On Tuesday, his resentencing was put on hold according to a news article at Mlive.com.

Terlisner’s attorney and Circuit Judge Paul E. Hamre determined that Terlisner’s conviction is unjust according to a 1980 ruling by the Michigan Supreme Court due to the fact that the common law felony murder doctrine is now defunct. Attorney Kathleen Sutton said in her motion that the law is now contradictory because the doctrine was abolished. The judge agreed, and issued a decision on March 21 saying that, “The court finds that the common law felony murder rule that the intent to commit the underlying felony satisfied the mental element for first-degree murder, which was abolished by the Michigan Supreme Court . . . resulted in the unjust conviction of Defendant Terlisner.”

Joe Swetay was killed in his home on May 1, 1971. Swetay owned a grocery store, bar, and gas station in Covert, and frequently took the proceeds from the business to his home where he locked it in a safe. Swetay was found stabbed and beaten following the robbery which took place in his home, although the safe was unopened but damaged.

An emergency appeal of Judge Hamre’s decision was filed by Van Buren County Prosecutor Michael Bedford and the Michigan Attorney General with the Michigan Court of Appeals to halt a May 6 resentencing hearing. Hamre is expected to resentence the defendant on a charge of unarmed robbery at the hearing, which could ultimately mean he would walk away from prison considering he has been incarcerated for 36 years.

Now, the Michigan Court of Appeals has put the resentencing hearing on hold; news reports do not indicate when it may take place.

Michigan criminal appeals attorneys know that while in many cases individuals may be wrongly convicted, there are also situations such as the one above in which rules of the law change or become defunct.

May 8, 2013

Troy Police Pursue Speeding Vehicle; Driver Found to Be Drunk With Four Minor Passengers

by Scott Grabel

On Thursday May 2, Troy police were set up on Interstate 75 near Coolidge when according to news reports a Chevy Malibu went zipping by at 86 mph, 16 mph over the posted speed limit. Police were conducting speed enforcement, and began a chase of the vehicle after tracking its speed.

Shemika Shanee Allen, a 33-year-old Pontiac woman, pulled over after officers pursued her vehicle; however, as the officer approached the vehicle, she allegedly accelerated and sped off back onto the highway. Police pursued Allen for six miles before she was finally stopped by four police vehicles that boxed her in. The incident happened at around 1:30 a.m.

A news article at Mlive.com states that there were 5 passengers in the vehicle with Allen, a 32-year-old man and four children in the back seat of the vehicle who were between the ages of 5 and 13. The breathalyzer test administered to Allen revealed that her blood alcohol level was .17 percent which is almost twice Michigan’s legal limit. She was charged with OWI (operating while intoxicated), her second offense.

Allen was also charged with OWI with a child less than 16 in the vehicle and fleeing/eluding police.
Michigan driver’s license reinstatement lawyers know that individuals who are convicted of a second drunk driving offense face serious penalties which include steep fines, possible jail time, community service and more. However, a second OWI offense may result in the individual’s driver’s license being revoked for up to one year. When a repeat offender’s license is revoked, he or she will have to go through the DLAD (Driver’s License Appeal Division) to have the license reinstated (which isn’t a guarantee) after having reached the eligibility date. This is a complex process which requires the guidance of a skilled lawyer.

May 7, 2013

72-year-old Detroit Man Charged After Discovery of Dismembered Body; Could Face Murder Charges

by Scott Grabel

On Friday May 3, 72-year-old Alphonso D. Jackson of Detroit was arrested after the body of an elderly woman in a dismembered state was discovered in his apartment. Jackson was arraigned on Monday after being charged with concealing the death of a person, disinterment of a body, and tampering with evidence. Donald Cook, Jackson’s attorney, said that his client could be facing murder charges soon.

Jackson, who is wheelchair-bound, was sitting in his kitchen when police placed him under arrest according to a news article at Detroit News. Police were called to the Phillip C. Sims Senior Housing Apartments on Friday after a maintenance worker in the building called and reported that he saw the defendant leaving the apartments with a bloody bag.

In a press release, Maria Miller, who is spokeswoman for Wayne County Prosecutor Kym Worthy, said that police found blood on the sidewalk, and in the lobby and elevator of the apartment building upon their arrival. Further investigation led them to Jackson’s apartment, where they allegedly found more blood. Police began searching for any victims who may have sustained injuries when they found the woman’s dismembered body in the bathroom.

News reports also claim that Jackson was seen purchasing knives and bleach at a nearby Dollar Store in surveillance video footage.

For the time being, Jackson has not been charged with criminal homicide and is being held on a $2 million cash bond. A motive for the crime or whether there was a relationship between the two has not been established. Jackson may be facing up to ten years in prison if convicted of dismembering the victim’s body.

Michigan homicide attorneys realize that individuals who are charged with and subsequently convicted of homicide or murder face extremely serious consequences. While murder charges have not been brought against Jackson at this time, he may spend the rest of his life behind bars if prosecutors do decide to charge him and obtain a conviction.

May 3, 2013

Student Found Responsible for Assault at Pioneer-Huron Football Game Likely to Appeal

by Scott Grabel

In October of 2012, a 17-year-old Pioneer High School student was one of three who were allegedly involved in a brawl following a football game between Pioneer and Huron High School. The boy, whose name was not released, was ultimately found guilty on one charge of misdemeanor assault and battery in February of this year. The brawl began when one of the coaches shoved another on the football field; a Huron player, Will Harris, was allegedly kicked in the face when the brawl broke out, although the 17-year-old accused of assault says he never touched Harris.

The defendant was sentenced on Tuesday April 30 to a $50 fine and six months probation, although a news article at AnnArbor.com states that his family will likely appeal. The boy’s public defender, Shelia Blakney, said that he was a good kid; he currently attends Ann Arbor Tech. The attention he has received due to the incident has caused him to miss school, which he attributed in court to the severe depression and anxiety he has been experiencing because of the situation. He told the court that he had no physical contact with Will Harris.

A physical brawl ensued after Huron head coach Cory Gildersleeve and Vince Wortmann became involved in a verbal altercation.

One of the students was charged as an adult; Bashir Garain took a plea deal, and is set to be sentenced on May 14. Another 17-year-old who was allegedly involved in the brawl rejected a plea offer and is set to stand trial on June 24.

The 17-year-old sentenced to six months probation was originally charged with assault with a dangerous weapon, assault and battery, aggravated assault, and assault with intent to do great bodily harm less than murder. While the incident would have likely been expunged from his record had he successfully served out his probation time, Blakney said that the sentence will likely be appealed.

Michigan criminal appeals lawyers know that a situation such as this one can be extremely stressful for a teenager, particularly if he/she is not guilty of the crime. While a sentence of probation may not seem all that serious, it is when an individual is innocent.

May 3, 2013

Consequences of Driving on a Suspended License

by Scott Grabel

When your driver’s license has been suspended, it’s easy to break the law and continue to drive; after all, driving is a necessity and leading a normal life is almost impossible if you cannot get behind the wheel. The fact is, there are far more people who drive on a suspended license who don’t get caught – but when you do, the consequences may be serious. Driving on a suspended license is usually considered a misdemeanor offense for first-time offenders, however the penalties for someone who is a repeat offender will be more severe.

There are circumstances in which someone may drive not knowing that his or her license has been suspended. While this is not necessarily a solid legal defense, your Michigan driver’s license restoration attorney may be able to challenge any charges against you.

The consequences you face for driving on a suspended license depend largely on why your license was suspended, whether you are a repeat offender, and other factors. For instance, if an accident occurred while you were driving on a suspended license, you may face a felony charge. If anyone involved in the accident was injured, you could face penalties of up to 5 years in prison and fines of between $1,000 and $5,000. Even worse, if an individual lost his or her life because of the accident, you could spend as many as 15 years behind bars, and be required to pay fines of up to $10,000.

If you are simply caught driving on a suspended license during a routine traffic stop and are a first-time offender, the penalties you face include a fine of up to $500 and potential jail time of 93 days; however if it is a second offense, those penalties increase to up to 1 year in prison and/or $1,000 in fines. In addition, you may find that your auto insurance company raises your rates, requires you to purchase special coverage, or even drops you altogether.