Michigan Criminal Lawyers Blog

March 26, 2013

Meridian Township Bank Robbed, Police Still in Pursuit of Suspect

On Monday March 25, Independent Bank in Meridian Township was robbed by an unknown suspect in broad daylight, according to news reports at Mlive.com. Police are still on the lookout for the suspect, who was seen on surveillance tape. They have also released a sketch of the man they believe to be the suspect.

The bank, located at 2119 Hamilton Road, was robbed at around noon by a man who the teller involved said gave her a note with instructions. The teller handed over the money, at which point the suspect fled on foot. There were no witnesses who could give police information regarding which direction the suspect went.

The Independent Bank is located approximately two miles east of Michigan State University. According to police, the teller obliged the suspect’s demands, handing over an undisclosed amount of cash. Police also attempted to track the suspect with their K-9 team, but the effort was unsuccessful.

The suspect was described by witnesses as a white male in his mid-20s, thinly built and approximately 5′ 10″ in height. He wore mirrored sunglasses, khaki pants, a black cap and black dress coat, and white Nike’s.

While news reports do not mention whether the suspect was armed, Michigan unarmed robbery attorneys know that even when an individual is not armed, he or she will face serious criminal penalties if convicted. Attempting to obtain money or property without permission and using fear or intimidation to obtain that property will subject the accused to up to 15 years in prison according to Michigan Penal Code 750.530. If an individual does possess a gun or firearm in the commission of a bank robbery or even suggests the presence of a weapon, he or she may face up to life in prison.

March 22, 2013

Don’t Risk Getting Your Driver’s License Suspended; Michigan Law Enforcement ‘Cracking Down’ on Drunk Drivers Through April 8

by Scott Grabel

As all Michigan driver’s license reinstatement attorneys know, this is the time of year when law enforcement really ‘cracks down’ on drunk drivers. Most high schools and colleges are on spring break at some point during March or April; the NCAA tournaments are taking place, and St. Patrick’s Day just passed. All of these occasions and events lead to more people getting behind the wheel after having a few drinks – something law enforcement officials are keeping a close eye out for right now.

Through April 8, more than 13,000 hours of added patrols are being conducted by law enforcement agencies across 26 counties in Michigan. These counties include Wayne, Washtenaw, Oakland, Kalamazoo, Saginaw, Ingham, Livingston and more. If you are arrested for drunk driving and your BAC (blood alcohol content) is over the legal limit of 0.08, you could find your driver’s license is suspended for 6 months, not to mention jail time, fines of up to $500 and other penalties. Until you lose your privilege to drive, you don’t realize how essential it is to living a normal life.

Last year during this same time period, nearly 2,500 individuals were arrested for drunk driving. Nearly 800 of those 2,500 were found to have BAC’s of .17 or higher, considered ‘super drunk’ in the state of Michigan, which typically means an individual will face additional criminal penalties. Even if it is a first offense, those found with a BAC of .17 or greater can face enhanced penalties.

During this time period, law enforcement officials will be looking for any reason to pull you over, meaning even the most minor traffic infraction such as not wearing a seatbelt may result in being stopped. If you are found to be what police consider ‘impaired,’ regardless of your blood alcohol content level, you may find yourself behind bars while you wait to see a judge.

March 21, 2013

Life Sentence Overturned by Michigan Appeals Court for Man Convicted of Kidnapping and Murder at 17

by Scott Grabel

Ihab Masalmani was 17 years old when he was convicted of kidnapping and killing Matt Landry in 2010. The crime took place during a 2009 crime spree; Masalmani was convicted of first-degree murder, carjacking, and four other charges. He maintained throughout that he did not commit murder.

It all began with a bank hold-up and ended with the victim, 21-year-old Matt Landry, being discovered in a burned-out house in Detroit where he had been shot to death. Landry was abducted in an Eastpointe sub shop parking lot; his kidnapping was a random act according to authorities. Masalmani’s defense attorney, Joseph Kosmala, argued that there was no evidence tying his client to the murder, but that Masalmani did admit to stealing a car and robbing the bank.

Masalmani did not act alone in the crime spree; another man, Robert Taylor, was also charged in the bank robbery and murder. Taylor was convicted and sentenced to life in prison as well.

Masalmani’s mandatory life in prison without parole term was recently overturned by the Michigan Court of Appeals. In their decision, the appeals panel cited a decision made by the U.S. Supreme Court last June which called mandatory life-in-prison terms for juveniles unconstitutional, saying such sentencing is cruel and unusual punishment. Attorneys in Masalmani’s case had anticipated the ruling by the state Court of Appeals due to the Supreme Court’s decision last year in Miller vs. Alabama.

Ultimately, Masalmani may now be sentenced to a few years in prison, or life behind bars. The decision by the appeals court gives Judge Diane Druzinski of Macomb County Circuit Court the discretion to sentence Masalmani to the same prison term she did originally, or to any number of years she so chooses. Eric Smith, County Prosecutor, said he will seek the same sentence for Masalmani as he had before, and that there were many factors in the prosecution’s favor.

Michigan post-conviction attorneys understand that even though the appeals court overturned Masalmani’s sentence, there is no guarantee that he will not receive the same exact sentence again. When the appeals court overturns a mandatory sentence, it simply means that the decision is once again back in the hands of the judge/courts. Judge Druzinski may have compassion because of Masalmani’s young age at the time of the crime, or she may determine to keep him behind bars for life.

March 20, 2013

Michigan Court of Appeals Upholds Carson City Inmate’s Conviction in Prison Altercations

by Scott Grabel

March 19, 2013

Four Suspects in Cadillac-area Home Invasion Identified; One Suspect Charged with Attempted Murder

by Scott Grabel

On Saturday, March 16 two men and two women allegedly attempted to rob a 55-year-old man in his Cedar Creek Township home in Wexford County. During the attempted robbery, three people assaulted the man, one with a gun. He was shot in the leg by one of the suspects, who now faces a charge of attempted murder among other charges.

The victim’s name has not been released in news reports, however he was able to escape and reportedly ran to a neighbor’s home. The man apparently struggled with the suspect who had the pistol; he was taken by emergency crews who were summoned to the scene to Munson Medical Center, where he was admitted. The victim, who said he was “familiar” with his assailants, gave police information which led to their arrest.

The four individuals arrested include Robert Smith, Derek White, and Sara and Kari Ostrander. Smith has been charged with attempted murder, assault with intent to rob while armed, felonious use of a firearm, armed robbery, first-degree home invasion, and conspiracy to commit armed robbery. The other three suspects are charged with conspiracy to commit armed robbery, conspiracy to commit first-degree home invasion, and accessory after the fact. A news report at Mlive.com states that all of the suspects live in the Manton area. No motive was given regarding why the victim was allegedly attacked.

Michigan attempted murder attorneys understand that this offense, also referred to as assault with intent to murder, carries severe penalties for those convicted. Michigan Penal Code 750.83 states that individuals convicted of this felony criminal offense may spend any number of years to life in prison. Armed robbery charges are very serious as well; penalties for this offense can leave someone who is convicted facing life in prison as well, depending on the circumstances.

March 19, 2013

West Bloomfield Township Grandma’s Fate in Jurors’ Hands Following Charge of Open Murder in Death of Grandson

by Scott Grabel

In May of 2012, 17-year-old Jonathan Hoffman was allegedly shot several times and killed by his grandmother, 75-year-old Sandra Layne. After being charged with open murder, Layne is now awaiting her fate as jurors deliberate.

Layne allegedly shot Hoffman, putting six bullets in her grandson as the two argued. According to Layne, her grandson used drugs and was prone to violent outbursts. A news article at Detroit News states that on the day of Hoffman’s death, he became violent and agitated after failing a drug test ordered by the court. 911 recordings were playing in court on Monday March 18; on the recordings, Hoffman is heard begging for help and telling a dispatcher that he had been shot by his grandmother. Jurors also heard Hoffman cry out during the call that he had been shot again, and a voice shouting “let go” as they listened to what appeared to be a struggle.

Oakland County chief assistant prosecutor Paul Walton told jurors during closing arguments that Layne was a murderer who “hunted down” her grandson in her condominium and killed him, “because he wouldn’t listen to her.”

Layne’s attorney, Jerome Sabbota, described Layne as a dutiful grandmother who was afraid of her grandson, because of his violent temper and drug use. He alleges that Layne shot her grandson out of self-defense and fear; Layne does not deny shooting her grandson, who lived with her after his parents divorced and were living in Phoenix during his senior year in high school.

On the day in question, Hoffman was allegedly extremely angry as he rode with his grandmother after failing a drug test and testing positive for synthetic marijuana, which could have triggered a violation of his probation. Layne testified that her grandson was demanding the car keys and kicking the dashboard. She also told the court that after she shot her grandson, she ran to hide in the basement, then came out and shot him again as a struggle ensued.

Judge Denise Langford Morris told jurors that Layne may be convicted of first- or second-degree murder, or voluntary/involuntary manslaughter, but that jurors must first consider the charge of first-degree premeditated murder. Ultimately, depending on the decision of jurors Layne could face anywhere from one year in prison to life without parole.

Michigan murder defense attorneys realize that there are instances in which an individual kills someone out of fear or self-defense, as seems to be the case in this situation. When drugs are involved, circumstances can become highly volatile. Regardless of the situation, it is critical that those accused consult with an attorney immediately.

March 18, 2013

Man Wearing Dress Shirt and Tie Arrested for Robbery at Ypsilanti Township TCF Bank

by Scott Grabel

On Sunday March 17, Ypsilanti police arrested Derrick Jackson in connection with the weekend robbery of TCF Bank in Ypsilanti Township. The bank, located at 2150 Packard Road, was robbed on Saturday; police responded after the holdup alarm went off at approximately 2:25 p.m.

Following the robbery, deputies searched the vicinity but were unable to locate the suspect, who was described as a white male approximately 5’6″ tall and weighing 165 pounds. Witnesses also said the suspect was wearing a red jacket, but underneath was a dress shirt and tie. According to Sgt. Geoffrey Fox of the Washtenaw County Sheriff’s Department, no weapon was observed on bank surveillance camera photos during the commission of the robbery.

While the suspect did elude authorities on Saturday, he wasn’t so lucky on Sunday. The Ypsilanti officer who spotted Jackson had seen the surveillance footage, and recognized the suspect who was walking down the street as he was patrolling in the area near Ecorse Road and East Michigan Avenue. Jackson, who is 50 years old, was arrested without incident according to a news report at AnnArbor.com.

Jackson is currently on parole for a Wayne County bank robbery; in the course of the arrest, a portion of the money which was stolen from the bank was recovered.

Michigan unarmed robbery attorneys know that while unarmed robbery is not typically as serious as offense as armed robbery, individuals who are convicted may still face up to 15 years in prison for this felony charge if it can be proven that force, fear, or violence was used in the commission of the crime. Additionally, prosecutors and police will look for ways to “trump up” the charge against you, resulting in harsher penalties.

March 15, 2013

Jackson Teen Sentenced to Probation, Jail for Reckless Driving in Fatal 2012 Accident

by Scott Grabel

On March 25, 2012 two people died in a fatal car crash determined to have been caused by reckless driving. John Rick, a 19-year-old Jackson resident, was recently sentenced to 60 days in jail and one year of probation after the jury found him guilty on two counts of reckless driving; he was found not guilty on two charges of reckless driving causing the deaths of the victims, 20-year-old Dylan Briningstool and his girlfriend, Icy James.

At issue in the January trial was whether Rick’s driving was the direct cause of the deaths of his friends. Briningstool and Rick were driving at speeds of approximately 100 mph, both heading north in Waterloo Township on Mount Hope Road when the vehicles collided, sending both cars off the road. Briningstool’s brother was riding in the back seat of Dylan’s vehicle when they noticed lights ahead, and Dylan attempted to get back into the northbound lane, striking Rick’s Grand Prix. It was debated at trial whether Rick’s criminal liability in the accident was negated by Briningstool’s actions.

Ultimately, Rick was not held liable for the deaths; his attorney, Michael Falahee, said that “Rick feels terrible, and always will.” He said that the defense felt that the jury made the right decision in not finding Rick responsible for the deaths of his friends.

Jackson County Circuit Judge Susan Beebe told Rick “You made a very poor choice that ultimately ended up with someone dead.” Ted Briningstool, Dylan’s father, said that he prays that Rick will take away the lesson that speed kills from this accident. Chief Assistant Prosecutor Mark Blumer told the court that both Rick and Briningstool were responsible for the tragedy, and that both vehicles were driving at speeds of approximately 100 mph in a no passing zone when the accident occurred.

Rick’s driver’s license was also suspended.

While this is a horrible tragedy, Michigan drivers license restoration lawyers know that being denied the privilege to drive makes living a normal life virtually impossible. Individuals driver’s licenses are often suspended or revoked due to repeated DUI offenses, drug crimes, and reckless driving.

March 15, 2013

Michigan Criminal Appeal Attorneys Work on Behalf of Individuals Whose Rights May Have Been Violated

by Scott Grabel

Whether an individual feels he or she has been wrongfully convicted for an offense involving alcohol, drugs, a sexual act, or even a violent or serious offense such as robbery or homicide, the appeals process is designed to ensure that a person’s rights are properly defended. This means that if you have been wrongfully convicted or even received a harsher sentence than what would be considered normal according to state sentencing guidelines, you may have grounds to appeal. An experienced Michigan criminal appeals lawyer can review your case to determine whether appealing your case to the Michigan Court of Appeals or the Michigan Supreme Court may be possible in your situation.

Some people have the opinion that mistakes are never made in the legal process, but they definitely are. You may have a lawyer who was simply inexperienced and thus ineffective, jurors may not have been sworn in, a prosecutor may have excluded jurors because or gender or race, evidence may have been obtained illegally. There are dozens of reasons that you may not have received a fair trial, or may have been sentenced in a way that was unduly harsh.

In most cases in Michigan, you have 42 days to file an appeal from the date of judgment. Perhaps you were found guilty of drug possession or sexual assault, and feel that the evidence to support a guilty verdict was insufficient. Perhaps new evidence has been discovered since your conviction, and that new evidence may prove your innocence. Misconduct on behalf of jurors may also be grounds to appeal. Regardless of your situation, it is important to know that the attorney you choose can make all of the difference in whether your appeal is successful. Make certain you choose a Michigan criminal appeal attorney with a proven track record and successful results in appellate matters.

You may assume that taking your case to an appellate court means that it will again be determined whether you are innocent or guilty, however this is not the case. The primary role of an appeals court is to determine whether your verdict was affected by errors made in the legal process. Depending on the seriousness of the errors made, your case may either be retried through the trial court, or your conviction may be reversed. If you were sentenced too harshly, you may be eligible for resentencing.

March 14, 2013

Victim of Home Invasion in Delhi Township Faces Gun, Drug Charges

by Scott Grabel

In February, a break-in in a home in Delhi Township resulted in Ingham County Sheriff’s Department deputies discovering numerous marijuana plants and guns including a Romanian AK-47 replica and an assault rifle in the home which was invaded.

According to news reports at MLive.com, a home invasion occurred shortly after midnight on Thursday February 20 in the 4200 block of West Holt Road. Those inside the home included a woman, man, and four children; the woman allegedly shot the intruder multiple times. When police deputies arrived at the scene, they found the intruder had been beaten with a baseball bat and handcuffed. Police obtained a search warrant after finding what they called a “large” marijuana growing operation inside the home.

31-year-old Jason Terrill, owner of the Delhi Township home that was invaded, now faces a felony drug charge and two felony gun charges after he was arrested on March 4. Ingham County Sheriff Gene Wriggelsworth said that Terrill has been charged with felony firearm, possession of a firearm by a felon, and delivering/manufacturing 5 to 45 kilograms of marijuana.

The man who allegedly entered the home in February is a 20-year-old Lansing man; he was hospitalized after being shot numerous times in the abdomen by the woman who lives with Terrill. According to news reports, he entered the home through a back door that was unlocked, and was carrying a handgun.

Terrill claimed that he is licensed to possess marijuana because he is a patient, and is a licensed medical marijuana caregiver in addition, according to Sheriff Wriggelsworth.

Terrill was arraigned in Ingham County District Court on March 5, and was released after posting a $35,000 bond on March 6. Magistrate James Pahl stipulated that Terrill may not consume drugs or alcohol. Terrill is scheduled for a pretrial conference on Tuesday March 12 and preliminary examination March 14.

The criminal penalties for delivering or manufacturing marijuana in Michigan are harsh; in fact, cultivating between 5 and 45 kilograms of marijuana will leave an individual who is convicted facing a fine of up to $500,000 and up to seven years in prison. Michigan drug crime attorneys understand the serious consequences those accused of maintaining grow houses face, in some cases even patients.