Deerfield Elementary Principal Kim Warren was recently suspended after it was suspected that she was drinking alcohol on her lunch break. The Novi, Michigan elementary school principal was arrested for DUI after Novi police received a 911 call reporting an erratic driver, according to Police Lieutenant Eric Zinser. As of the most recent news reports charges had not been filed against Warren, however the Novi city prosecutor will review the case to determine if charges will be filed.

According to a news article at Mlive.com, Warren was found in the school parking lot sitting in her car following the 911 call. The school district said that she was suspected of being intoxicated and that an open container of alcohol was found in her vehicle. Warren was taken into custody by Novi police on Monday, and released that evening. Deerfield Elementary Superintendent Steve Matthews said that Warren made a poor decision, but that she did not enter the school building and remained in her car. She was taken into custody by police after they smelled alcohol and conducted field sobriety tests.

The school named Lisa Fenchel as Warren’s replacement while the school board makes a decision regarding whether she will remain employed. The school’s website was updated within hours of the incident, naming Fenchel as the interim principal.

While news reports state that Warren is “deeply regretful” of her actions, Matthews said that she made a horrible decision and will not return to the Deerfield Elementary school for a long time, if ever. Matthews issued a letter to parents and guardians of the students informing them of the situation and assuring them that Warren at no time during the incident came into contact with the students.

Warren has been employed as principal at the school for two years.

While it is a sad situation, Michigan driver’s license restoration lawyers know that if Warren is charged with DUI or drunken driving and convicted, she will face penalties including fines, jail time, and license suspension. It may seem that spending time in jail would be the worst punishment, however having your driver’s license suspended for 6 months is often the harshest punishment of all as it severely restricts your life.

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In April of 2012, then 19-year-old Rodney Scott was accused of murdering Ignacio Rebolloso at a birthday party both of the men were attending in Lansing. On Wednesday, April 10, Scott agreed to a plea bargain in front of Ingham County Circuit Judge William Collette. Scott pleaded guilty to second-degree murder in the shooting death of Rebolloso.

The incident occurred in the 1600 block of Martin Street, where it is alleged that the two men were among several dozen people in attendance at a birthday party. The two men became involved in a confrontation, and ultimately ended up outside where they got into a fight. According to police, the shooting took place outside during the course of the fight, which happened around 4 in the morning.

Before taking the plea deal, Scott had been charged with carrying a concealed weapon, felony firearm, and open murder. In exchange for his guilty plea to a charge of second-degree murder, prosecutors dropped the original charges.

Scott turned himself into police approximately one month after the shooting in 2012, due to what he called “mounting pressure of Lansing police detectives closing in on him,” according to a news article at Mlive.com.

Scott is scheduled to be sentenced by Judge Collette on May 22.

As all Michigan homicide defense attorneys know, the penalties for second-degree murder can be just as harsh as those for first-degree murder. While a conviction on first-degree murders subjects the defendant to life in prison without parole, second-degree murder is punishable by any number of years to life in prison. While we don’t know what the altercation was about in Scott’s case or his motive for the shooting, it is always a tragedy to see someone so young potentially face his or her entire life behind bars.

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On April 7, Grand Traverse County Sheriff’s deputies responded to a home in Blair Township following a report of a gun being fired inside the home. On Tuesday April 9, 50-year-old Richard Lee Radcliffe was arrested and is now facing four felony charges.

When deputies arrived at the residence, a father and stepson were at the home; initially, it was not clear who opened fire on police. The weapon was described as a semi-automatic rifle in news reports at Mlive.com.

Upon their approach at the home, deputies were fired upon. None of the officers were struck, and a deputy did return fire. It was determined that Radcliffe had fired on officers; he was arrested although he was treated at an area hospital before being taken to jail, as he suffered a broken leg in the course of his arrest.

Radcliffe has been charged with two firearms-related offenses, felonious assault, and assault with intent to commit murder. On Tuesday night he remained in jail on a $750,000 bond.

At the time of news reports, it was unclear why gunshots were being fired when deputies were called to the scene. At the request of the sheriff’s office, Michigan state police are investigating the incident.

In Michigan, assault with intent to commit murder is a serious crimes that leaves those convicted facing harsh criminal penalties. As capable Michigan assault with intent to commit murder lawyers, we know that a conviction could mean many years to life in prison. We also understand that in some situations, accusations against an individual are amplified – especially when law enforcement is involved, or the intended target.

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On Monday, the Michigan Court of Appeals upheld the convictions of a 23-year-old Saginaw man for his role in a shooting that occurred on Christmas day in 2010. Simmion Brown will continue to serve his 30-plus year sentence after the December 2011 verdict against Brown was upheld by appellate judges Christopher Murray, Jane Markey, and William Whitbeck.

According to news reports at Mlive.com, Brown shot 44-year-old Bobby J. Johnson Jr. on Christmas day in 2010 after he was offended because the intended victim would not give him a cigarette. Johnson survived after being shot in the arm and chest. Brown was convicted of assault with intent to murder. The incident occurred in Saginaw at Bridgton Place Townhomes.

In his appeal, Brown focused on his alibi defense, and the prosecution’s response to it; he also argued that the admission of three hearsay statements allowed by Circuit Judge Janet M. Boes was in err. During his trial, Brown’s cousin testified that when the shooting occurred, the defendant was at a family gathering. The prosecution then called Brown’s aunt to testify in response to the cousin’s allegations, and a police detective who rebutted the aunt’s testimony. Judges found that under the circumstances the prosecution could not impeach its own witness.

Regarding the hearsay statements, judges ruled that they were admitted properly under the “excited utterance” hearsay rule exemption. The statements included the victim himself telling his then-girlfriend that Brown shot him, telling his daughter while in the hospital that the defendant shot him, and a 911 recording in which Johnson is heard naming Brown as the shooter.

Brown was convicted on other charges as well, including three counts of possessing a firearm during the commission of a felony, possessing a firearm as a felon, and carrying a dangerous weapon with unlawful intent. He was ordered pay restitution to Johnson in the amount of $20,748.75 and sentenced to 32 to 52 years in prison.

As all Michigan criminal appeals attorneys know, having a conviction overturned is a challenge that is never easy. It is critical that the lawyer an individual chooses to represent him or her is thoroughly knowledgeable and experienced in the appeals process in order to obtain positive results.

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Troy police have captured a man they believe to be responsible for as many as 20 home invasions in the Detroit area, according to a news article at Mlive.com. D’Mario D. Thornton, a 32-year-old Sterling Heights resident, was suspected of breaking into multiple homes in Rochester, Troy, West Bloomfield, Shelby Township and other areas; police say they were “on his trail” when they finally nabbed Thornton on Wednesday, April 3.

Officers were on a stake out, watching and waiting when they observed Thornton break into a Rochester Hills residence. He was arrested without incident, and taken to the Oakland County Jail where he is being held on $1 million bond. Thus far, Thornton has been charged with a single count of home invasion.

The investigation into the home invasions was conducted by the Troy Police Special Investigations Unit (SIU) which is comprised of officers from Auburn Hills, Farmington Hills, Troy, and Bloomfield Township. SONIC (South Oakland Narcotic Investigation Consortium) officers from Bloomfield Township and Novi also participated in the investigation.

Stolen items from 14 of the home invasions have been discovered by Troy police so far. New reports also allege that Thornton was convicted on charges of embezzling and attempting to defraud more than $20,000 under false pretenses in conjunction with offenses he committed in 2000. He was convicted of home invasion in California as well, and is listed on Michigan’s Dept. of Correction Offender Tracking Information System website as a parolee.

As highly regarded Michigan home invasion attorneys, we know that if convicted, Thornton will face serious criminal penalties. A conviction for first-degree home invasion will leave the accused individual potentially facing fines of up to $5,000 and up to 20 years in prison. However, other factors including prior criminal convictions can result in harsher sentencing.

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Brittany R. Falconer, a 22-year-old former New Mexico woman convicted on 30 charges related to a South Side Saginaw murder plot in 2010, will continue to serve out her sentence of 22 to 47 years in prison after the Michigan Court of Appeals determined that a jury did not err in deciding that Falconer was not acting under duress during the incident.

Some of the charges prosecutors brought against Falconer include two counts of armed robbery, conspiring to commit armed robbery, torture, and carjacking. Falconer was also charged with conspiring to commit first-degree murder, however she was acquitted by a jury on that charge and three others.

In the 2010 plot, Dion Smith was apparently a victim of mistaken identity; two others who were involved with Falconer, Glenn Jett Jr. and Donald Anderson, burst from the back of a home where Falconer and Smith were; Falconer had allegedly invited Smith over for breakfast, which was a code to let Smith know to come over to see Falconer, who he had met the day before when he was outside his home with a 1975 burnt orange Chevrolet Impala. Falconer told Smith of her love for cars, and the two reportedly went for a ride and drank champagne.

After Anderson and Jett appeared from the back of the home to where Falconer had taken her shirt off, Smith was ordered into the bathroom where he was beaten and bound with zip ties, then threatened. The two men realized then that Smith was not the man they were looking for. They then decided to take his car, so he gave them the keys, according to Smith’s testimony.

Asa Smith, Dion Smith’s wife, and their two teen sons were assaulted and their home ransacked in the incident. Falconer testified that Glenn Jett Jr., who was her boyfriend at the time, threatened her to participate in Jett’s and Anderson’s plot, with Dion Smith as the intended victim.

The Michigan appeals court judges found that the evidence presented to the jury which led to Falconer being found guilty of voluntarily participating in the plot was sufficient. Dion Smith and his wife both testified in court that they believed Falconer was a willing participant in the plot.

In essence, Falconer’s role in the plot was one of seduction, and getting Smith to the home so that the two men could kill him; they then realized they had the wrong man.

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On Wednesday April 3, Macomb County prosecutors were successful in winning a technical legal ruling with the state Court of Appeals regarding a fatal accident in which the driver of the vehicle allegedly had THC (tetrahydrocannabinol) in his body. Prosecutors hope this will help strengthen their case against 21-year-old Timothy Wilds, who is charged with operating a vehicle while under the influence of a controlled substance or while under the influence of any amount of a controlled substance, two theories which are considered 15-year felonies.

Brittany Nowicki, an 18-year-old Macomb Township woman, died when Wilds lost control of his Jeep while attempting to pass a vehicle on Plumbrook Road in snowy weather conditions. The Sterling Heights accident took place on December 10 of 2010 at approximate 6 a.m.. According to a news article at the Oakland Press, Nowicki was not wearing a seat belt; she died later at an area hospital after being ejected through the windshield of the Jeep during the crash.

Blood tests revealed that Wilds had two nanograms per milliliter, a minute amount, of THC in his system. THC is the primary ingredient in marijuana.

Prosecutors wanted the Michigan Court of Appeals to change the language used by the judge in instructing the jurors. Instead of the jury being told that prosecutors must only prove that the defendant “voluntarily decided to drive knowing that he had any amount of THC in his body,” the appeals court agreed that the judge would instruct that it must be proven that Wilds “voluntarily decided to drive after knowingly ingesting marijuana.”

While prosecutors won this technical legal ruling, the appeals court disagreed with another request by prosecutors, which was to add the language “The prosecution does not have the burden of proving that the defendant knew or should have known that he had the presence of THC within his body.” However, the Court of Appeals ruling does note that should the defense try to argue that the defendant did not believe his ability to drive would be affected by the marijuana, the language could be used.

Wilds’ defense attorney, James Maceroni, objected to Macomb Circuit Judge Edward Servitto’s refusal to allow a one-year misdemeanor option, moving violation causing death, to the jury. He attempted to appeal the judge’s decision in this matter, but the COA refused to address it.

Seasoned Michigan criminal appeals lawyers know that as in this case, it is sometimes necessary to appeal certain language used or other aspects of a criminal case in the process of trying to protect the client. Legal jargon is often difficult for the average person to understand; however an experienced attorney knows that these seemingly minor changes can make a huge difference in the outcome.

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Ann Marie Cummins, a 44-year-old Rochester Hills woman, was recently charged with a second offense of operating while intoxicated and driving on a suspended license. Cummins pleaded not guilty before Magistrate Clement Waldmann in 52-4 District Court in Troy; her driver’s license has been suspended 24 times previously.

On Sunday March 31, Cummins was allegedly involved in an accident in which she rear-ended another vehicle and failed to stop. The driver of the vehicle that was rear-ended flagged down a Troy police officer and pointed out Cummins’ car. Upon being stopped by the officer, Cummins said that the reason she did not stop when she struck the other vehicle was because she knew she was not supposed to be driving.

During the course of the stop it was found that Cummins had a prescription muscle relaxer in her possession, and that her driver’s license had been suspended on 24 occasions. It was also discovered that six different law enforcement agencies had outstanding warrants for her arrest. Cummins was arrested for failure to stop and identify at an accident, driving while license suspended, and possession of a controlled substance after she told the officer she had no prescription for the muscle relaxers.

Michigan Secretary of State communications manager Fred Woodhams said that Cummins’ record indicates she is not able to register a vehicle due to the fact that her license has been suspended since 2005. He also said in a news article at the Oakland Press that those convicted repeatedly of driving on a suspended license may face two $500 driver responsibility fees, up to one year in jail, and a $1,000 fine.

Cummins may face additional criminal penalties for driving while license suspended because her driving privileges have already been suspended by the SOS, according to Woodhams.

While having a driver’s license suspended 24 times is highly unusual, Michigan drivers license reinstatement attorneys understand the importance of being able to drive. However, we also realize that many choose to do what this woman did – drive on a suspended license – out of simple need or necessity. This is very risky, and can lead to further legal complications.

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A 46-year-old River Rouge man was killed in Ypsilanti on Easter in what appears to be a dispute over a lease between his daughter and her roommates. The victim, John Lawrence, was attempting to intervene on behalf of his daughter, according to a news article at Heritage Newspapers.

Lawrence was killed with a blunt object at the Peninsular Place apartment complex where his 19-year-old daughter lived, according to Ypsilanti police. At approximately 9:40 on Sunday evening, police were called to investigate reports of a disorderly incident. Following the initial investigation, police determined a woman and man who lived with Lawrence’s daughter were involved in the dispute which allegedly resulted in his death.

Raven Lawrence, daughter of the victim, was involved in a dispute with the two suspects over a lease; her father was there to take her out of the apartment for the night. Lawrence told police that she and her female roommate who is 20 years old were involved in conversation about the lease, which escalated into a heated argument. She also stated that her roommate’s boyfriend who was apparently living with the two women was not supposed to be there.

Lawrence called her parents when she began to feel threatened, according to a news article at AnnArbor.com. Upon her father’s arrival, he instructed her to take a gun he was carrying out to his vehicle. He remained in the apartment with the two suspects; when Raven Lawrence went back to the apartment, she found the door locked. She said that she banged on the door and screamed; neighbors confirm hearing the commotion.

Police have not yet determined what the object was that was used to strike Lawrence in the head, but suspect it may have been a frying pan. The two suspects were placed in the Washtenaw County Jail following their arrest. Blunt force trauma was determined to be the cause of death; the case was initially ruled as a homicide while awaiting autopsy results. An investigation continues in the homicide.

If the two suspects are tried for homicide, they will face very serious consequences if convicted. Michigan homicide attorneys understand the seriousness of a criminal offense involving the death of another person. Whether an individual faces criminal charges involving homicide, voluntary or involuntary manslaughter, or first- or second-degree murder, the penalties include any number of years to life in prison.

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On Easter Sunday, 24-year-old Joshua Owens was struck by two vehicles as he was crossing Ottawa Beach Road to use an ATM machine. Witnesses said that the two vehicles briefly stopped, and then fled the scene. Now, two people have been arrested in the incident which took place in front of the Itty Bitty Bar.

Maly Phongsavanh, 22, and Jeremie Collins, 26, were arrested on felony murder counts later in the day on Easter, after a tip from citizens regarding the whereabouts of the two suspects’ cars was received by police. The two were said to be speeding when the accident occurred. Both suspects were charged with leaving the scene of a serious injury/death accident. Collins’ bond was set at $5,000; he has 7 prior convictions including a 2009 OWI, according to news reports at Fox 17. Phongsavanh’s bond was set at $3,000.

The victim had been celebrating his wife’s birthday at the Itty Bitty Bar in Park Township when he crossed to go to the ATM to get money for a cab. On Monday evening, Maly Phongsavanh bonded out of the Ottawa County Jail, offering an apology to the victim’s family. Phongsavanh told Fox 17, “I just want to say I’m really sorry to Owens’ family. I would love to say I’m sorry in person if I could. It was an accident and I wish I could have seen him around that curve.” Phongsavanh was driving a BMW when the fatal hit-and-run occurred; there was a passenger in the vehicle with her, 25-year-old Debbie Vongphachanh, who was also taken into custody.

Family members of the victim told local media that the vehicles appeared to be racing at the time of the accident, although police did not confirm this information. As of Monday, there had been no indication that any charges related to alcohol would be brought into the case.

Both Collins and Phongsavanh are expected back in court at 9 a.m. April 3 for a preliminary exam. If convicted, each could face up to five years in prison and a fine of up to $5,000.

Michigan criminal defense lawyers understand how devastating the situation is for the victim’s family, losing a husband and father at such a young age. However, it is also very sad that the two accused of committing the fatal hit-and-run are young, and their lives will be forever affected.

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