Michigan Criminal Lawyers Blog

April 11, 2020

The Right to a Speedy Trial and COVID-19

The state of Michigan (and for that matter every other state across our country) is faced with a concern over the “Speedy Trial” rule, which is likely to be compromised during COVID-19. According to the Michigan Court Rules (MCR 6.004) in a felony case in which the defendant has been incarcerated for a period of 180 days or more to answer for the same crime or crime based on the same conduct or arising from the same criminal episode, or in a misdemeanor case in which the defendant has been incarcerated for a period of 28 days or more to answer for the same crime or crime based on the same conduct or arising from the same criminal episode, the defendant must be released on personal recognizance, unless the court finds by clear and convincing evidence that the defendant is likely either to fail to appear for future proceedings or to present a danger to any other person or the community. There are exceptions to this rule:

(1) periods of delay resulting from other proceedings concerning the defendant, including but not limited to competency and criminal responsibility proceedings, pretrial motions, interlocutory appeals, and the trial of other charges,

(2) the period of delay during which the defendant is not competent to stand trial,

April 10, 2020

Convicted Metro Airport Official Seeks Release Amid Coronavirus

by Grabel & Associates

A former Detroit Metropolitan Airport supervisor who was convicted of receiving bribes wants a delay to the start of his prison sentence due to the coronavirus pandemic. He was convicted of 10 crimes this past June and was set to report to federal prison for a ten-year sentence starting April 2nd. His defense stressed the fact that incarcerated individuals are at special risk of infection, given their living situations. They are also in a more difficult position to take any proactive measures to keep themselves safe from infection. The setting of a prison or jail is a challenging measure during an outbreak. Michigan’s cases of coronavirus have exploded in recent weeks, and Detroit is considered one of the world’s worst hotspots for the virus currently. The state of Michigan has had nearly 5,500 confirmed cases of coronavirus as of this writing with over 125 deaths. The governor has declared a state of emergency in the state and has entered a “shelter in place” order that has left many Michiganders stuck at home. More and more cases are being confirmed inside and outside jails on a daily basis. Many state court judges are allowing releases of certain prisoners amid the outbreak.

Original Case Details

James Warner was convicted of receiving over $6 million in bribes, which amounted to the third highest amount in United States history. Prosecutors said that he steered nearly $44 million worth of airport maintenance and repair contracts to three other people who were co-conspirators. These contracts were for the improvement of the runways and parking structures at Detroit Metro Airport. Warner’s $6 million dollars came in the form of kickbacks. In addition to being the third highest amount historically nationwide, it is also the highest total in the history of public corruption cases in the Detroit area. The government seized more than $11 million from all those investigated in this case. Prosecutors pushed for 25 years in prison in this case, while Warner’s defense lawyers pushed for no more than four years. The judge ended up giving Warner a ten-year sentence, noting that while his corruption was evident, his crimes did not cause as much damage as other corruption cases like former Detroit mayor Kwame Kilpatrick. Kilpatrick was seen as someone who contributed to the fall of the city of Detroit, and he was punished in that vain. Kilpatrick currently has the record for the longest sentence for a corruption case at 28 years, a number only Ohio County politician Jimmy Dimora has matched.

April 10, 2020

Michigan Stay at Home Order Gets Extension

by Grabel & Associates

In a move that surprised very few, Michigan Gov. Gretchen Whitmer extended Michigan’s stay at home order through the end of April. She made the announcement Thursday, just four days before the original order was set to expire on Monday, April 13. With this order in place, many in the criminal law community are left with many questions. To gain insight into this issue, we spoke to three of the top criminal defense lawyers in our state.

Scott Grabel is the founder of Grabel and Associates, which is known as the top criminal defense firm in the state of Michigan. When asked about the extension of the stay at home order, Grabel said, “Safety of the community is the first concern for all involved. There is no question that our dockets are going to compromise, but we have no choice at the moment.”

William Amadeo is a partner at McManus and Amadeo and a Senior Associate for Grabel and Associates. Amadeo is known as the top criminal defense attorney in Washtenaw County and has one of the heaviest trial dockets in the state of Michigan. When asked about Governor Whitmer’s extension, Amadeo stated, “Most of my trials have been moved. I have one scheduled on May 26 in Washtenaw that is extremely personal to me, but we are in limbo. Across the board, both sides need to be reasonable right now, or our court system will be in severe danger.”

April 9, 2020

Don’t Fall For Coronavirus Stimulus Scams

by Grabel & Associates

Michigan Attorney General Dana Nessel has put out an urgent alert to people to watch out for Coronavirus stimulus check scams. As you have most likely heard, the federal government recently passed a historic $2 trillion stimulus package in an effort to keep the economy going during this unprecedented pandemic. The main part of this stimulus package is to give $1,200 to every American in form of direct payments that are not expected to be repaid or taxed. These scams are come in the form of emails where the scammers are acting as government officials ready to give citizens their stimulus money. Scammers are asking for personal financial information such as Paypal or bank accounts so people can get their stimulus money immediately. As of this writing, none of the stimulus money has actually been distributed by the federal government yet. It is expected to take a few weeks before these direct payments begin making their way to people’s bank accounts. If you have e-filed in the past and allowed the government to directly deposit your tax return into your bank account, then it is supposed to happen automatically. Others who have not had their returns deposited in the past will receive checks in the mail.

The World Since Coronavirus Hit Us

The world has come to a screeching halt in some places as this virus has spread in unprecedented ways. The problem was initially believed to be a local problem centered in China, where it is believed to have originated. Michigan’s cases of coronavirus have exploded in recent weeks, and Detroit is considered one of the world’s worst hotspots for the virus currently. The state of Michigan has had nearly 5,500 confirmed cases of coronavirus as of this writing with over 125 deaths. The governor has declared a state of emergency in the state and has entered a “shelter in place” order that has left many Michiganders stuck at home. This stimulus package was unanimously passed by the United States Senate with a 96-0 vote. Internet scammers are looking to profit off of the fear and hysteria that this virus has caused.

April 8, 2020

United States Files Drug Trafficking Charges Against Venezuelan President

by Grabel & Associates

The United States has unsealed federal drug trafficking charges against the embattled Venezuelan President Nicolas Maduro. The federal government is accusing Maduro and his regime of taking a prominent leading role in Venezuela’s drug trafficking, which has led to massive amounts of cocaine being smuggled into the United States. Relations with Venezuela have been on the downturn for over 20 years, since late former president Hugo Chavez took over control of the South American country.

Original Case Details

Attorney General William Barr has stated that the Maduro regime has been working in conjunction with the FARC guerrilla movement. FARC is the Revolutionary Armed Forces of Colombia. They are a Marxist-Leninist guerrilla group who was formed back in 1964. FARC was originally formed to represent the poor after the end of the Colombian civil war back in 1958. FARC is considered a terrorist group by the United States.

April 7, 2020

HBO Documentary Explores FBI Neglected Investigation in ‘Atlanta Child Murders’ Tragedy

by Grabel & Associates

For many in the criminal justice system, one case that stands out is the Atlanta Child Murders as it was a case that shook our nation. From May of 1979 to July of 1981 there were 29 children that were murdered in Atlanta, Georgia. The victims were all young black males and it was believed that 23-year-old Wayne Williams was responsible for the murders. Nearly 40 years after the tragedy, there has remained many doubts on the murders.

On March 21, 2019, Atlanta Mayor Keisha Lance Bottoms and Atlanta Police Chief Erika Shields announced that officials would re-test evidence from the murders, which will be gathered by the Atlanta Police Department, Fulton County District Attorney’s Office, and Georgia Bureau of Investigation. In a news conference, Mayor Bottoms said, “It may be there is nothing left to be tested. But I do think history will judge us by our actions and we will be able to say we tried.” Below is a list of the murdered children, the date of their disappearance and the cause of their deaths.

Name – Age- Date of Disappearance – Cause of Death – Case Status

April 7, 2020

UAW Offers Direct Meeting With FBI Amid Corruption Scandal

by Grabel & Associates

United Auto Workers President Rory Gamble has offered a direct meeting with federal investigators who are currently in the midst of an investigation of union corruption. This offer comes in response to outspoken criticism from federal prosecutors. The UAW is trying to avoid the government from coming in and taking control of the Union itself due to corruption. The UAW has hired a New York law firm to attempt to police themselves and try to root out whatever corruption exists within the union. The statement from the union described the law firm’s function as “technical assistance with our ethics and compliance reform efforts.”

Original Case Details

The FBI has been investigating possible ties between the UAW president and one of the union’s vendors, with bribery being the main implication. The UAW looks as if they are now intending to cooperate in order to avoid a complete government takeover. The UAW has stated its intention to cooperate by producing any documents and records that investigators ask for and bringing in any witnesses the government wants to speak to. A possible measure that the UAW is proposing to help root out any existing corruption is to allow union members to directly elect union leaders. Multiple UAW and Fiat Chrysler officials have been indicted so far in this wide-reaching probe. A number of these officials who have been charged have agreed to cooperate with the federal government.

April 6, 2020

State Representative Testimony In Doubt

by Grabel & Associates

Michigan State Rep. Larry Inman was tried on 3 different counts in federal court this past December. He was accused of lying to the FBI, extortion, and bribery. The jury acquitted Inman of lying to the FBI, but they were deadlocked on the other two charges and did not come to a decision which led to a mistrial on those charges. Hung juries are incredibly rare, but that is exactly what happened on the extortion and bribery counts for this case. The judge in this case said that in 12 years on the federal bench, he had only presided over one other hung jury.

Inman testified on his own behalf and U.S. Attorneys now claim that two other state representatives now contradict Inman’s testimony, which they believe entitles them to a new trial. Typically, a hung jury results in a mistrial and the case will then be retried in the future. But since the jury acquitted him on one count, there are some concerns whether a new trial would violate double jeopardy. Prosecutors believe they can retry Inman on the remaining charges with any new evidence they obtain. The judge in this case has also expressed a concern that punishing Inman would basically criminalize political fundraising and collecting campaign contributions.

Original Case Details

April 3, 2020

Repeat Embezzler Gets Case Adjourned

by Grabel & Associates

A woman facing embezzlement charges has just gotten another adjournment much to the judge’s chagrin. The judge asked, “what are we doing with this case? This is the ninth adjournment in this case.” While the judge holds the ultimate authority over giving adjournments, there is an interest in working towards a resolution if it is possible. The defense attorney stated that this adjournment was to finalize plea negotiations. Sometimes an adjournment is exactly what is needed, just a little more time. If both the prosecutor and defense attorney are in agreement in asking for an adjournment, it is rarely denied.

Original Case Details

The woman, 64, is accused of embezzling over $20,000 from the Eastpointe chapter of the International Order of Odd Fellows. She was hired as secretary to the club back in June 2018. She has been accused of stealing the money over a period of time. Investigators believe that she would write duplicate checks to herself, listing things like “vacation” and “hotel reservation” on the memo lines. Additional, out of numerical order checks were also made out to her totaling over $12,000. This woman’s rap sheet goes back to 1990 where she had her first conviction for a false identification in the use of a financial transaction device. She has been convicted of embezzlement previously in 2015 and in 2008 where she embezzled more than $35,000 between both cases. In 2003, she was convicted of theft for stealing over $20,000.

April 3, 2020

Zoom Hearings: A Danger to the Michigan Legal System?”

by Grabel & Associates

In the wake of COVID-19, many Michigan courts have utilized Zoom as a mechanism to online hearings. At first, this was thought to be a way to handle massive court dockets while preserving a defendant’s constitutional rights. A recent article on NPR has caused great concern in the legal community. Today, we are going to discuss how this technology could harm the Michigan criminal justice system. Let’s first review what Zoom is how it works.

Zoom Video Communications is an American remote conferencing services company headquartered in San Jose, California. The company was founded in 2013 provides a remote conferencing service that combines video conferencing, online meetings, chat, and mobile collaboration. As of 2020, Zoom is said to have over 1,000,000 users as of 2019, but with the Coronavirus, things changed dramatically.

The COVID-19 Epidemic