Michigan Criminal Lawyers Blog

April 26, 2013

Michigan Driver’s License Suspension is Tough – But it Could Be Worse

As all Michigan driver’s license reinstatement lawyers would agree, it is never a good idea to get behind the wheel after consuming alcohol. However, it happens every day and the majority of individuals who drive whether they feel completely sober or highly intoxicated somehow get ‘lucky’ and escape being pulled over by police. However, the more times you try your luck, to more likely it becomes that you WILL get caught – and then things begin to go downhill.

Many people who consume alcohol and drive think that the worst thing that could happen is that they will get pulled over by police on suspicion of drunk driving. While this certainly isn’t a good thing, there are many individuals who have ended up in far more trouble than having their driver’s license suspended or spending a few days in jail. Take for example David Johnson, who was recently sentenced to a minimum of 19 1/2 years in prison after causing a crash in Paw Paw, Michigan which ended in the deaths of three individuals. No doubt losing his privilege to drive is the last thing on his mind right now.

Thankfully, for most individuals who drink and drive the result isn’t so tragic. That being said, having your driver’s license suspended or revoked because of a DUI or drug offense is a very serious matter. When your license has been suspended due to multiple DUIs, getting it reinstated is definitely not a simple matter; there are very specific steps that must be taken, and even then there is no guarantee.

Individuals who wish to go before the DAAD (Driver Assessment and Appeal Division) to appeal the suspension of their license must have a skilled and experienced Michigan drivers license restoration attorney to guide them through the process, which can be quite complex. It isn’t enough to apologize and say you won’t do it again – you must prove your sobriety and convince hearing officers that you will remain sober.

April 25, 2013

Michigan Court of Appeals Reverses Conviction of Flint Man Serving Time for Second-Degree Murder, Other Charges

by Scott Grabel

In March of 2011, Shawn D. Gardner was convicted by a jury of second-degree murder in the 2009 shooting death of 20-year-old Lennon Johnson Jr. outside a Flint nightclub. Gardner was also found guilty on charges of felony firearms and felon in possession of firearms. On April 17, Gardner’s conviction was reversed by the Michigan Court of Appeals on grounds that Gardner had ineffective counsel in his 2011 trial.

Gardner, who is believed to be a member of an alleged gang known as the “Howard Boys,” was serving 80 to 120 years in prison for Johnson’s murder. The gang, according to a news article at Mlive.com, had been formed in 2002; members allegedly used violence to control a territorial drug operation.

In January of this year Gardner was charged with two other murders related to incidents from 2004 and 2009. He was also charged with three counts of assault with intent to murder in connection with three shootings that occurred in 2004 and 2009.

In the murder of Lennon Johnson Jr., Gardner allegedly fired an assault rifle during a car chase involving the victim, who was struck in the head while inside his vehicle. His car then entered an intersection and was struck by oncoming traffic.

The appeals court found that Mark Clement, Gardner’s attorney in the 2011 trial, failed to object to polygraph evidence taken from a witness who pinned Ricco Holmes for the murder. Holmes was with Gardner at the nightclub the night of the murder, and the two men followed the victim out of the club.

Clement said there was nothing he could have done, and that had he requested a mistrial it would have either forced a new trial, or shone attention on the significance of the polygraph. Clement blames the error on prosecutors for asking about the results of the polygraph. Genesee County Prosecutor David Leyton told reporters that he intends to retry the case.

Michigan criminal appeals attorneys know that while it is not true in every case, there are times when mistakes are made in the legal justice system, or innocent people find themselves in a prison cell. The appellate court makes it possible in some cases for individuals to have a second chance in presenting their case, whether you feel you have been sentenced unfairly, or even wrongfully convicted.

April 25, 2013

Flint Man Receives 25-50 Year Sentence in 2012 Burton Meijer Armed Robbery

by Scott Grabel

On March 28, 30-year-old Dewayne Kerperien was found guilty of armed robbery in connection with an incident at a Burton Meijer store last year in which he allegedly robbed a woman in the parking lot. Kerperien, who is a resident of Flint, was sentenced to 25 to 50 years in prison by Genesee Circuit Judge Archie Hayman on Monday April 22.

In August of 2012, Kerperien allegedly forced a woman into her vehicle after following her into the parking lot of the Meijer store located on Center Road. According to a news article at Mlive.com, he approached her from behind with a gun as she got out of her vehicle, then forced her back inside. Kerperien took the woman’s wallet, keys, cell phone, and other property, then drove away. He was captured by surveillance cameras at a gas station nearby, where he was observed selling the victim’s cell phone. Kerperien was found guilty of armed robbery and unlawful imprisonment.

Additional charges of felony firearms and felon in possession of a firearm were filed against Kerperien, however jurors found him not guilty on these charges. He has an extensive criminal background according to state records, and was last released from prison in May of 2010.

Armed robbery is a criminal offense that is punished very harshly in the state of Michigan. Michigan armed robbery lawyers know that any individual who is charged with this crime must obtain a skilled and capable attorney in order to improve the odds of a good outcome. Even when an individual has not been arrested or charged but is under investigation, it is important to consult with an experienced attorney who can begin working on a strong and effective defense right away.

April 24, 2013

Man Charged with Arson in Saginaw Rental Home Fire

by Scott Grabel

In January of this year, four people were sleeping inside a Saginaw rental home located at 703 S. Michigan when the home caught on fire. The home was separated into five apartments; tenants were said to have been present in three of those apartments when the blaze began. All escaped without injuries, although it was not known at the time how the fire started. Firefighters fought hard, as the high winds and cold temperatures that night caused the fire to spread rapidly, according to Saginaw Fire Department Battalion Chief Steve Filary.

On Friday April 19, 33-year-old Jeff McKenna was charged with arson in the fire, which gutted the inside of the home resulting in about $70,000 worth of damage according to a news article at Mlive.com. McKenna was reportedly at the Saginaw County Jail for an offense which was not related to the fire when officers served the arrest warrant charging him with arson.

On Monday April 22, McKenna was arraigned before Saginaw County District Judge A.T. Frank, who entered a not guilty plea on behalf of McKenna. The judge also ordered the suspect held on a $75,000 bond. He will remain incarcerated until he goes before Frank at his preliminary hearing scheduled for May 1.

Deputy Fire Marshal Ralph Martin stated that Michigan State Police detectives worked with fire investigators in bringing charges against the suspect; a resident who awoke after smelling smoke is also said to have cooperated.

News reports do not reveal a possible motive for the crime.

As Michigan arson lawyers know, arson is a serious criminal offense which will leave the accused facing severe criminal penalties if convicted; in fact, it is a 20-year felony offense. While in this case none of the residents of the home were injured, McKenna would likely be facing far more serious charges if anyone had been seriously injured or if lives were lost.

April 23, 2013

Woman Shot in Head During Robbery; Suspect Still at Large

by Scott Grabel

On Friday April 19, a 20-year-old woman was shot in the head as she was walking to her apartment after getting off work. The woman, who is a resident of Pittsfield Township, was treated for non-life threatening injuries following the shooting, although the suspect was still at large.

Chief Gordy Schick of the Pittsfield Township Deputy Police said that the victim was approached by a man with a gun who attempted to take her purse. The man then forced the woman to the ground demanding that she remove her clothes while holding a gun to her head. As the alleged victim fought back, the man shot her in the left side of the head. The police chief believes that although the suspect did not sexually assault the woman, he did intend to.

The incident took place in the 4900 block of Lakeridge Drive in Pittsfield Township at approximately 10:30 p.m. The suspect is described as a black male about 5′ 8″ in height who is thinly built, bald, and thought to be 18 to 20 years old. According to a news article at Annarbor.com, he was wearing dark clothing and a hoodie.

Police are now investigating whether the suspect in this case may be the same man who sexually assaulted an Ypsilanti Township woman recently. Composite sketches of the suspects have been released in both cases, and the images are said to look very similar. However, the physical descriptions given of the suspects differ substantially, as the man suspected in the Ypsilanti Township sexual assault is described as being over six feet tall, while the Pittsfield Township robbery suspect was described as about 5′ 8″ tall.

Police believe the woman who was attacked as she walked toward her apartment complex may have been at Washtenaw Avenue and Golfside Road near the AATA bus stop prior to the shooting, although they do not reveal in news reports why they suspect the woman was in the area.

Although news reports do not indicate what the suspect may be charged with when apprehended, Michigan criminal defense lawyers know that he will no doubt face serious consequences. Attempted robbery and assault are serious offenses; when a gun is present and someone is injured, the consequences become even more dire for the person who is convicted of committing the crime.

April 22, 2013

Stanton Mother Arrested for Child Abuse of 2-year-old Daughter

by Scott Grabel

26-year-old Samantha Slater was arrested on Tuesday, April 23, on charges of child abuse. According to a news article at Mlive.com, Slater was at home when Brooklyn Weimer was allegedly abused by Benjamin Wilkins, Slater’s boyfriend, and almost killed according to Montcalm County prosecutors.

On March 24, Wilkins admitted that he was taking care of Slater’s daughter according to court documents. He alleges that he placed the child in the bathroom for a “time out,” then heard a thud a few minutes later. When Wilkins went into the room to check on the sound, he found her unresponsive. She was flown to Helen DeVos Children’s Hospital with what doctors called life-threatening injuries. New reports state the doctors suspected abuse.

That evening at around 9:00 p.m., Wilkins called for an ambulance following a series of what were called “bizarre” calls with dispatchers and hospital staff. Wilkins allegedly reported that he had a friend who was injured, but later admitted that he had fabricated the stories, telling a detective that he and the child’s mother were fearful that DHS and police would become involved.

When officers arrived on the scene, the toddler was breathing but was unresponsive; it was determined at the hospital that she had suffered a closed head injury. She was listed in critical condition at the time, and in a medically induced coma.

When police arrested Samantha Slater on April 23, Wilkins was in jail for violating parole. Both are expected to face charges of first- and second-degree child abuse.

Michigan child abuse lawyers know that individuals facing charges of first- and second-degree child abuse face serious consequences if convicted. In fact, first-degree child abuse is punishable by up to 15 years in prison. However, there are times when innocent people end up behind bars for crimes they did not commit. Child abuse has become a serious topic in society today; when a child has a bruise caused by a fall, people are often quick to jump to conclusions.

April 19, 2013

Meridian Township Man Convicted of Armed Robbery Faces 3 to 15 Years in Prison

by Scott Grabel

In January of this year, 31-year-old Raymond Burger of Meridian Township was arrested for allegedly robbing a gas station in December of 2012. Burger was accused of holding up the Marathon gas station located at 3010 Lake Lansing Road with a weapon. News reports at Mlive.com state that no one was injured in the incident, and that the defendant stole an undisclosed amount of cash.

After investigating and analyzing surveillance images, Meridian Township police determined that Burger was a suspect in the hold up; a warrant was then issued by the Ingham County Prosecutor’s Office for Burger’s arrest. He pleaded guilty to two counts of unarmed robbery in exchange for prosecutors dropping the charge of armed robbery. Now, Burger has been sentenced to three to 15 years in prison by Ingham County Circuit Judge Joyce Draganchuk. He was also ordered by the judge to pay multiple fees and costs. Burger had already served 100 days in jail since his arrest, which Draganchuk gave him credit for.

Burger had a prior criminal record in Wayne County, and had previously served approximately two years for convictions on charges of assault, obstructing, and resisting police. He was released from prison in 2012.

As experienced Michigan armed robbery attorneys we know that if Burger had not pleaded guilty to a lesser charge, he may have faced life in prison. Much of the outcome of a defendant’s case rests in the hands of his/her attorney, and that attorney’s skill and ability. Skilled lawyers work to have the charges against their clients dismissed, but there are situations in which this outcome is not possible. In these situations it may work to the client’s advantage to plea bargain with prosecutors in order to reduce sentencing and the damage to your life. A talented defense attorney can work to develop the best possible defense for his or her client.

April 18, 2013

Never Lie About AA When it Comes to Getting Your Driver’s License Restored in Michigan

by Scott Grabel

As skilled Michigan driver’s license restoration attorneys, we understand that in the majority of cases individuals have their license suspended or revoked after repeated DUIs. We also know that many people have a notion that in order to have their license restored, they must attend AA (Alcoholics Anonymous). Even those who are aware that it is not a requirement that they are involved in AA to have their driver’s license restored believe that somehow it makes things “better” if they are.

We are not knocking AA at all; in fact, it is usually very beneficial for individuals who have an alcohol problem to join AA or a 12-step program. However, it is never a good idea to lie about your involvement with AA in your efforts to win your license back in a Michigan driver’s license appeal. You may think it makes you “look good,” but what will likely happen is that your lies will lead to your downfall. Why?

When you attend a driver’s license restoration heating, chances are the hearing officer will question you and ask for explanations if you claim you have been attending AA meetings. For instance, you may be asked about your involvement level, what you have discovered about your relationship with alcohol and how you intend to avoid relapse/triggers with the tools the program provides, etc. You may even be asked about specific steps in the program, where you are at, how you progressed through these steps, even what the steps actually are. This can be very intimidating when you have never attended, or it’s been a long time since you actually did.

When it comes to a Michigan license restoration case, involvement in AA is beneficial – but it is absolutely not a necessity. Michigan driver’s license restoration attorneys who are capable and very experienced in these types of cases can win an appeal the vast majority of the time without the client having been involved with AA. This is why it is so important that you never lie about it, as you will likely get yourself tangled up in a web that will only sabotage the chances of winning.

April 18, 2013

Teen’s Conviction in Fatal Shooting Upheld by Michigan Court of Appeals, Back to Court for Resentencing

by Scott Grabel

In March of 2010, then 14-year-old Dakotah Eliason allegedly shot his grandfather while he was asleep on the couch. Eliason was said to have emotional issues due to the loss of a family dog, his cousin’s death in a car accident, and the recent suicide of a close friend according to a news report at CBS News. He shot his grandfather, 69-year-old Jesse Miles, using Miles’ handgun. Eliason reportedly struggled with whether to shoot himself or his grandfather before firing the fatal shot. He was charged as an adult with first-degree murder, and found guilty by jurors in August 2010. Eliason was sentenced in Barrien County Court to life in prison without parole.

The U.S. Supreme Court ruled in June of 2012 that sentencing juveniles to life without the possibility of parole is unconstitutional; in February of this year, U.S. District Court Judge John Corbett O’Meara agreed, saying that the Supreme Court’s ruling would be applied retroactively. This essentially means that Eliason may be eligible for parole at some point, however the Michigan Court of Appeals did not agree.

On April 5, Eliason’s conviction was upheld by the Michigan Court of Appeals, however the court sent the case back to the trial court for resentencing. The U.S. Supreme Court ruling does not prevent individual judges from sentencing teens to life in prison without parole, however states cannot mandate this sentence for juvenile defenders.

Jonathon Sacks, Eliason’s defense attorney, plans to appeal the court of appeals ruling to the Michigan Supreme Court according to a new article at MyFoxChicago.com.

Michigan criminal appeal attorneys understand that while a young teen may commit a heinous crime, individuals who are this young deserve a second chance. In this situation, unless things change a now 16 or 17-year-old boy will face the rest of his life behind bars for making a terrible mistake, one that he no doubt regrets.

April 17, 2013

Lansing Woman to Stand Trial on Charge of Assault With a Dangerous Weapon in Slashing of Acquaintance

by Scott Grabel

On Thursday April 11, 26-year-old Pamela King was bound over to circuit court by Lansing District Judge Hugh Clarke on a charge of felonious assault, also known as assault with a dangerous weapon. King allegedly slashed an acquaintance in the course of an argument on March 31 of this year.

According to news articles at Mlive.com, King and the alleged victim who is 23 years old became involved in an argument inside the apartment where King lives; as the victim was attempting to leave, King allegedly slashed the back of the woman’s neck. When police arrived, the alleged victim was in the parking lot of the apartment complex.

Lansing police arrested King inside her apartment located in the 500 block of W. Saginaw St. On April 1 King posted $1,875 bond according to court records. She was prohibited from having any contact with the alleged victim, and also from using controlled substances or alcohol; she is required to submit to random urine testing. King’s alleged victim was hospitalized with injuries which were determined to be non life-threatening.

Michigan felonious assault attorneys understand the seriousness of these types of charges. According to the Michigan Penal Code 750.82, an individual convicted on a charge of assault with a dangerous weapon may face penalties which include fines of up to $2,000 and up to four years in prison. The penalties may be even more severe if the assault was committed in a school area.