Michigan Criminal Lawyers Blog

December 27, 2012

Michigan Court of Appeals Rejects Defendant’s Arguments in People v. Cain

In a decision by the Michigan Court of Appeals made on December 20th, Darryl Willard Cain, the defendant-appellant, had his argument that convictions for carjacking and unlawfully driving away in a motor vehicle violated both the Michigan and United States Constitutions rejected. Cain claimed that the conviction violated double jeopardy clauses; the court found that convictions for both offenses did not offend the double jeopardy clause.

The incident occurred in Detroit in June of 2010. According to court documents, Cain carjacked the victim, Courtney Spires, as he was sitting at a red light in his mother’s 1995 gold Saturn. Spires claimed that Cain came up to his driver’s side window, pointed a gun and demanded that he get out of the car. Cain also demanded the victim take off his Timberland boots and pants, which Cain also allegedly stole along with a cell phone and wallet. Cain then proceeded to get into the car, and a woman got into the passenger seat. The van that Cain had been in prior to the carjacking then followed Cain and the passenger as they drove off in Spires’ mother’s Saturn.

Upon locating the Saturn in a backyard, police officers also found a Ford Explorer which was determined to be a stolen vehicle. Cain and two others were then arrested. Cain told Grosse Pointe Park police during questioning that he did not carjack anyone, and that someone had told him about the stolen cars; he also denied owning the gun.

In October of 2010, Cain was convicted on several charges which included felon in possession of a firearm, felony firearm, two counts of receiving and concealing a stolen motor vehicle, carjacking, and UDAA (unlawful driving away of an automobile).

The Michigan Court of Appeals found that the double jeopardy argument made by the defendant did not offend the clause due to elements of each offense that do not apply to the other.

December 27, 2012

Detroit Father Faces Felony Charges After Allegedly Shooting Son

by Scott Grabel

According to Detroit police, an argument led to a shooting of a 22-year-old man by his 46-year-old father. Roger Scott Sr. is accused of shooting his son on December 22 at a residence in the 11400 block of Ashton in Detroit. He was arraigned on charges of assault with intent to commit great bodily harm, felony firearms and assault with intent to murder on Christmas day.

New reports claim that Scott and his son got into a verbal altercation, with the situation ending in gunfire. Police recovered the alleged weapon at the scene. Scott’s son was taken to an area hospital where he was said to be in critical condition.

Scott is scheduled to appear on January 8th for an exam conference. His bond was set at 10% of $75,000. Chester Logan, Detroit’s interim Police Chief, told news reporters that the situation was “just another senseless case of violence.” Logan urged families and friends who have disputes to find alternative methods other than resorting to violence to handle their disagreements.

Accusations of attempted murder or assault with intent to commit murder are extremely serious. Michigan criminal defense attorneys know how critical it is that individuals arrested for these types of violent crimes seek the support and legal guidance of a capable lawyer. There are a number of defenses which can be effective when used on behalf of a defendant. It may have been an accident; however, every individual is presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

December 26, 2012

Christmas Day Homicide in Grand Rapids Following Domestic Dispute

by Scott Grabel

Christmas evening led to the death of a man at a Northeast Side Grand Rapids residence after he suffered a gunshot wound allegedly inflicted by a woman at the residence, according to police.

According to news reports, a domestic dispute took place at 57 Leonard St. NE at around 7:30 Christmas night, following by a 34-year-old man being shot at least one time. The alleged victim was taken to Spectrum Health Butterworth Hospital, where he died. Additionally, three children who were said to be younger than 10 years old were present in an upstairs room at the residence.

Police arrived to find the victim in the driveway. Police said that according to the woman at the residence, she had just shot the man, who she said was her boyfriend. Detectives learned that the man had fled from inside the home after being shot inside, where he collapsed in the driveway. The alleged suspect was not injured, and was taken into custody by police. Police believe that the woman and the victim were parents to at least one of the children inside the home.

The incident is still under investigation, and police did recover a handgun at the scene although they are not certain whether the gun was registered.

Michigan criminal defense lawyers know that often, individuals resort to using guns, knives or other measures when they are the victims in a domestic violence situation. According to media reports, this situation began as the result of a domestic dispute, and the alleged shooter apparently did not attempt to hide the fact that she had been the person who shot the victim. Might she have been the victim in ongoing domestic violence?

December 24, 2012

Rash of Ann Arbor Home Invasions; Liquor, Electronics Among Items Reported Stolen

by Scott Grabel

In recent weeks, a number of homes in the Ann Arbor area have been broken into; in fact, last Thursday there were reports of three home invasions in the city, resulting in the theft of a PlayStation, television and GPS. A laptop computer, shoes, and liquor were among other items stolen from the homes.

Lt. Renee Bush of the Ann Arbor Police Department reported that one of the break-ins took place between December 11 and December 20 at a home where two men live. When they arrived at the residence located in the 2300 block of Leslie Park Circle, they found the television, GPS, liquor and other items missing.

Another home invasion occurred on Thursday in the 3000 block of Stone School Road according to news reports, which stated this break-in took place between the hours of 9 a.m. and 4:45 p.m.. The 66-year-old woman who lived at the home told police that when she returned home, she found glass that had been broken out of a door, apparently with rocks. A laptop was the only item that was reportedly missing in this incident.

Thursday afternoon a home invasion was reported by a neighbor who told the woman who lived at the home that it had been broken into. According to Bush, the 40-year-old woman’s house had been ransacked after an intruder entered through the front door.

Reports of other attempted home invasions have been received by police as well in the Washtenaw Avenue area. After a woman who lives in the area reported that an individual was attempting to open doors on homes in her neighborhood, police arrested an Ypsilanti man, although it isn’t clear in news reports if all of the home invasions and attempted break-ins are related.

Michigan home invasion attorneys know that the penalties for those convicted on charges of home invasion are serious. Depending upon whether an individual is convicted for first-, second-, or third-degree home invasion (all felony offenses) the penalties range from up to 5 years in prison and $2,000 fines to up to 20 years in prison and up to $5,000 in fines.

December 21, 2012

Feel Your Sentence for DUI Was Excessive? You May Be Able to Appeal

by Scott Grabel

Individuals who are arrested for DUI and subsequently convicted often feel that the punishment they face doesn’t really “fit” the crime. What happens if you and your attorney feel that the sentencing handed out was excessive, or even reached due to legal error? Some individuals believe that once the sentence is given, there is no going back, nothing can be changed. However, you can consult with a Michigan criminal sentence appeals attorney who can help determine if you may be able to appeal the sentence. Whether at the federal or state level, those convicted of driving under the influence typically have the option to appeal. This simply means that a higher court will examine the facts of your case and come to a conclusion regarding whether certain legal factors could have led to either a conviction for DUI, or harsh sentencing.

When is the best time to appeal a DUI conviction?

Immediately. The sooner you appeal your DUI conviction or sentence, the sooner the process will move forward. In the majority of cases it takes months for an individual’s appeal to go in front of the court and be decided.

What happens during the appeal process?

First, it is important that you realize that the appellate court will examine the evidence and details of the lower court’s case against you, and that any “new” evidence will not be permitted. The appeals process is simply a re-examination of what occurred in the original case, reviewed by a higher court and different eyes. It is every appellant’s hope that the higher court in an appeals process will have a different perspective or outlook.

What part do you play in the appeals process?

As the appellate, you should prepare to argue that the decision made in your case was affected by mistakes made during the legal process, and that the jury’s decision was swayed by these mistakes. When you file an appeal, you are essentially claiming that your case should be dismissed, or that the sentence is too harsh for the offense for which you were convicted, and that you desire a retrial or to be re-sentenced. Either way, you must state these facts in your appeal.

In addition, you will be required to provide a written brief to the court. Be aware that while your brief challenges the harshness of your sentence or your conviction, the prosecution will do the same – file a brief upholding the sentence or conviction. In some situations, you may be required to participate in oral arguments before the appellate court in order for a decision to be reached.

December 21, 2012

Drunk Driving May Be a Factor in Ann Arbor Accident That Left Two Injured

by Scott Grabel

On Tuesday December 18, two people ended up in the hospital following an accident that Michigan State Police suspect may have been caused by drunk driving. The accident took place on eastbound M014 near Barton Drive at approximately 10:45 in the evening.

While names of those involved have not yet been released, police say initial evidence at the scene led them to believe that alcohol may have been a factor in the accident. News reports state that according to investigators, an Ypsilanti man and woman were taken to the University of Michigan Medical Center due to injuries they sustained in the crash. Their medical conditions were reported as serious at the time of publishing.

The Ypsilanti couple were passengers in a vehicle driven by a Livonia man; news reports do not reveal whether he was injured. There was only one car involved in the accident according to Detective Sgt. Angela Hunt. Joyce Williams of Huron Valley Ambulance told reporters that the two injured victims had to be extricated from the vehicle after being pinned in.

If it is determined that the driver of the vehicle was driving while under the influence, he may face criminal charges including jail time, fines, and possible suspension of his driver’s license. Should the individuals who sustained injuries succumb to those injuries, he could face manslaughter charges as well. It’s difficult to determine all of the charges he may face without all of the facts surrounding the case.

Michigan suspended license lawyers know that a suspended or revoked license places a difficult burden on an individual. We depend so much on being able to drive from one place to another. When your license is suspended, it can impact your career and ability to live a normal life. Those who have had their driver’s license suspended cannot jump in the car at a moment’s notice to go to the supermarket, pick up the kids from school, or for other purposes.

December 20, 2012

Ottawa Teen Arraigned on Attempted Murder Charges

by Scott Grabel

17-year-old Eric Ortega of Park Township was recently arrested on attempted murder charges. On December 17, Ortega was arraigned on charges of assault with intent to murder in the stabbing of his 32-year-old roommate, whose name was not mentioned in news reports. Ortega allegedly stabbed the victim in their Ottawa County apartment. His arraignment was before Judge Susan Jonas in Holland District Court, who set Ortega’s bond at $750,000. The altercation took place on Friday evening, December 14, at approximately 11:30 p.m.

Following an argument inside the apartment, the victim was repeatedly stabbed in the neck and chest area, suffering life-threatening injuries according to news sources. Lt. Mark Bennett of the Ottawa County Sheriff’s Department stated that the victim was at Spectrum Health Butterworth Hospital, where he was said to be in critical condition. He was initially taken by ambulance to Holland Hospital, and later airlifted to Spectrum. Another roommate of the two men who attempted to stop the attack sustained minor injuries as well.

Ortega fled before deputies arrived at the scene of the stabbing, and was located the next morning at a relative’s home; he is being charged as an adult according to the Holland Sentinel.

Michigan assault with intent to commit murder lawyers know that because Ortega is charged as an adult, he will face severe penalties if convicted. Those convicted of attempted murder may face any number of years in prison, or even life behind bars according to the Michigan Penal Code 750.83. It is a tragedy when an individual of such a young age is sentenced to a lifetime in prison. While it is not true in every situation, individuals are often charged with serious crimes when they were acting in self defense.

December 19, 2012

Lansing Police in Search of Two Suspects Following Armed Robbery Attempts

by Scott Grabel

Lansing police are in search of two men who they allege attempted to pull off two armed robberies on Monday evening, December 17.

Robert Merritt, public information officer for Lansing police, told news reporters that at approximately 7 p.m. officers were dispatched to the Gray and South Holmes streets area where they spoke with two Lansing teenagers, a 16-year-old female and 17-year-old male. The teens, who were alleged victims in the incident, told police that two men approached them as they were walking in the area at around 6:45 p.m. According to the teens, one of the men demanded drugs and brandished a handgun, although the teens told police they did not have any drugs. The teenagers, who fled on foot, were not injured in the altercation.

The next alleged victim police spoke with was a 57-year-old Lansing man, who said that one of the two men who approached him at about 6:50 asked for a cigarette. One of the suspects then demanded money, and again brandished a weapon. The victim was struck over the head when he told the men he didn’t have any money. He was then kicked repeatedly after falling to the ground, according to Merritt. Nothing was stolen from the alleged victim, and he refused medical treatment for minor injuries inflicted to his head and body.

Police believe the suspects in both cases are the same men. Victims described the men as being approximately 6 feet tall, and between 16 and 18 years in age. The man brandishing the handgun was said to be stocky, and wore dark pants, a dark colored hooded sweatshirt, and ski mask. The second suspect was not wearing a mask, but said to have a thin build and light complexion.

Michigan criminal defense lawyers know that a charge of attempted armed robbery is serious, even when the weapon or gun used is a toy or BB gun. While an individual may face life in prison for armed robbery if convicted, the penalty for this lesser offense will depend on a number of factors, and whether a plea agreement can be negotiated.

December 18, 2012

Tips for Choosing a Michigan Criminal Appeal Attorney

by Scott Grabel

If you have been convicted of an offense such as sexual assault, drug possession, drunk driving or even homicide, you may be wondering how to appeal the conviction, or if it is even an option. It is important that you select an experienced Michigan criminal appeals lawyer with a good reputation and positive results; in fact, if you have great trust in the attorney who originally represented you at trial, you may want to ask him or her for guidance.

Interview prospective lawyers before you make a hasty decision
Never feel uncomfortable about evaluating an attorney before you make a decision. Ask those you interview about their years in practice, and what portion of their practice is dedicated to criminal defense. Today, there are many lawyers who seem to be “jack of all trades,” who handle not only criminal cases, but divorce, personal injury, even business law or bankruptcy. It is to your advantage to choose a Michigan criminal appeals attorney who focuses solely on criminal defense. Like other professions, an attorney cannot be an expert in every aspect of the law!

Keep in mind that one appellate lawyer is not necessarily as effective as another
Years of experience, how aggressive an attorney is, even his or her intelligence – these are all factors that may impact whether an appeal is a success or failure. It is essential that you hire a highly regarded quality appellate attorney, as with most appeals it is an uphill battle and one that requires a capable lawyer with a proven track record.

Other things to consider
In your search for a capable criminal appeals lawyer in Michigan, it never hurts to ask for trustworthy recommendations. You may ask co-workers, family members, friends, anyone you trust. Most lawyers today also maintain a website advertising their services, and often you can find client testimonials on the site, or articles regarding previous cases they have won. Even then, it is critical that you speak with the attorney in person. Additionally, you may want to do a little research to determine if the lawyer you are considering has been cited for any ethical violations.

When questioning an appellate attorney, consider the answers he or she gives carefully. No criminal appeals lawyer can guarantee the outcome you want. Expect candid replies to your questions, even if it means that there are no options left.

December 18, 2012

35-year-old Lansing Man Facing Life in Prison for Killing Outside Nightclub in November 2011

by Scott Grabel

In November of 2011, 35-year-old Richard Anthony Strong allegedly shot and killed Ygnacio Bermudez Jr., a Lansing event promoter. News reports claim that Bermudez was found murdered in the 400 block of East Michigan Avenue in Lansing at around 2:15 a.m. following numerous 911 calls regarding shots fired. The police did not immediately arrest Strong, who had fled in a vehicle with another person prior to their arrival on the scene.

Bermudez had hosted a hip-hop event prior to his death, and promoted local talent in an effort to get people to engage in positive activities so they would stay off the streets, according to news reports. While police did not initially know what the motive was for the shooting, they did believe that Bermudez was not the victim of a random shooting, and that he was the target.

In November police were actively searching for Strong, who was wanted on felony warrant charges of felony firearm possession, felon in possession of a firearm, and open murder. Police eventually located the suspect in North Carolina in February. Throughout his trial, Strong maintained that he was innocent; he also testified on his own behalf.

On December 12, Ingham Circuit Judge Clinton Canady sentenced Strong, who is now 36 years old, to life in prison without parole. He will now spend the remainder of his life in prison. A conviction on first-degree murder charges carries a mandatory life sentence without the possibility of parole in Michigan.

Michigan homicide defense attorneys realize that murder is a horrific crime; however, there are also situations in which innocent people are convicted, or someone may have acted in self defense. Our prisons today are filled with individuals who are not guilty of the crimes they have been accused of.