Michigan Criminal Lawyers Blog

December 21, 2012

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

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.

December 17, 2012

Detroit Police in Limbo Following Decriminalization of Small Amounts of Marijuana

by Scott Grabel

In November, Detroit voters passed a proposal legalizing the possession of up to one ounce of marijuana by individuals over 21 years old. However, it doesn’t seem that much has changed as far as police or the government are concerned. Voters passed the proposal 65-35; now, those over age 21 can supposedly possess as much as an ounce of the drug when on private property, although state police say the proposal has no impact on how they enforce drug laws.

State Police Lt. Mike Shaw said that nothing has changed for Detroit state police, because according to state law it is still illegal for those who do not have a medical marijuana card to possess marijuana. State police do not enforce local ordinances, and Shaw says that as far as their agency goes, individuals caught with pot will be cited for a misdemeanor violation. A conviction could mean up to one year in jail and up to $2,000 in fines.

According to Shaw, even though the proposal passed it is legal for any agency to write a violation according to state law. Detroit Police Sgt Eren Stephens of the Public Information Office said that the city of Detroit Law Department is reviewing the new legislation.

How possession of marijuana will be handled by the Wayne State Police Department is a question that’s still up in the air. The department patrols the campus of Wayne State University and surrounding areas, and occasionally receives calls regarding marijuana at apartments or dormitories, although Police Chief Anthony Holt said he hasn’t received any calls since the passing of the new law.

Holt stated in news reports that the department has not devised an official policy, but that the department would have to get an opinion because marijuana possession is a crime under federal law. Wayne County Sheriff’s Office Dennis Niemiec said their department is equally unclear on how these cases will be handled, and that their training and legal departments are reviewing the issue.

Because of the way laws regarding the possession of marijuana are being perceived by law enforcement agencies at the present time, Michigan criminal defense attorneys advise anyone who is arrested for possessing even a small amount of marijuana to consult with a lawyer.

December 13, 2012

Mason Man Cited for Driving While Suspended, Arrested for Other Violations Following Car Crash

by Scott Grabel

On November 30, Mason police officers were dispatched to the scene of a hit-and-run crash on E. Maple Street. The driver had apparently fled on foot after backing another friend’s car into a car which was parked on a curb on the other side of the street.

The woman who called police said that the suspect was her boyfriend, and that the car that was struck was hers. The suspect had allegedly been moving another friend’s car from the driveway when he accelerated and rapidly crashed into the parked car while in reverse. The suspect, whose identity was known, fled the vehicle and ran between residences. When officers arrived at the scene, they searched the area but could not find the suspect.

Upon returning to the complainant’s home, an officer could hear the suspect and the woman talking as the man who crashed the car was telling the complainant about his plan of escape. The officer could see the suspect inside the home; upon knocking on the door and announcing they wanted to speak to the suspect, officers were told by the complainant that he was not there. Officers told the woman that they knew otherwise, and she led them to where her boyfriend was hiding.

As police officers ordered the suspect to come out, he complied and did not resist arrest. Police charged the minor with reckless driving, driving while suspended, violation of probation, minor in possession by consumption, and leaving the scene of a crash.

Michigan driver’s license restoration attorneys know that driving on a suspended license is serious, and incurs severe penalties for those convicted. Many individuals who are caught driving while suspended will face fines, jail time, and doubling of the original license suspension.

December 13, 2012

Two Men Found Guilty of First-Degree Murder in Slayings of Two Hamtramck Women

by Scott Grabel

Reginald Brown, 25 years old, and Jeremy Brown, 20, were found guilty on Monday of the brutal kidnap and murders of two Hamtramck women, 18-year-old Abreeya Brown and 22-year-old Ashley Conaway. The two men are not related to Abreeya Brown. Two other men were allegedly involved in the kidnapping and murder plot; they are awaiting a decision from a separate jury.

The two Brown men, who are cousins, were found guilty of first-degree murder, and were also convicted on charges of unlawful imprisonment, felony murder, and torture. News reports state that both will be sentenced to life in prison. Reginald Brown was also convicted on a felony weapons charge.

The two other men believed to be involved in the plot include 25-year-old Christopher Lee and 27-year-old Brandon Cain, who is Conaway’s ex-boyfriend and believed to be the mastermind behind the plot.

Brown and Conaway’s bodies were discovered on March 25 of this year; they had been buried in shallow graves.

After being abducted, which prosecutors believe occurred in front of Conaway’s stepfather’s home, the two women, who were said to have been stuffed into a car trunk, were able to text family members alerting them that Brandon Cain had kidnapped them. Prior to the alleged kidnapping and murders, Cain had been charged with shooting at the girls along with Christopher Lee in early February. The two allegedly shot at the girls to keep them from leaving a gathering. Police suspect that the kidnapping and murder plot was devised to quiet the potential witnesses about the shooting.

News reports state that Conaway and Abreeya Brown were offered $5,000 by Cain not to testify against him regarding the shootings; when they rejected the offer, he then offered two of the four suspected killers the $5,000 to commit the kidnapping/murders of the two victims.

Michigan criminal defense attorneys realize the impact of a conviction on first-degree murder charges. These young men will likely now spend the rest of their lives behind bars for the crimes they allegedly committed.

The loss of these two young women is certainly tragic, and devastating for their friends and family; however, there are occasions when people are wrongly convicted, and spend time in prison for crimes they did not commit.

December 12, 2012

Major League Baseball Player’s Case Moved to Michigan Court of Appeals

by Scott Grabel

Chad Curtis, a former Major League Baseball player, was charged with six counts of criminal sexual conduct in May of this year after allegedly engaging in inappropriate sexual conduct with teenage girls attending Lakewood schools, where Curtis was a volunteer at Lakewood High School.

Since that time, there have been hearings and pre-trial motions which have challenged the rulings made by Judge Amy McDowell; now, the case will go to the Michigan Court of Appeals. Instead of the original trial date set for January 14 in Barry County Circuit Court, the trial is slated to begin in early May. David Dodge, Curtis’ attorney, chose to challenge motions that he lost before Judge McDowell, arguing that Chris Ellsworth, Barry County Assistant Prosecutor, was a witness necessary to Curtis’ defense; because Dodge wanted Ellsworth to take the witness stand, he motioned to have the assistant prosecutor disqualified.

According to news reports, Dodge is questioning a meeting that took place between Ellsworth and an individual who has now been identified as a victim, although the individual was reportedly a witness at the time of the meeting. Allegedly, the witness described an event between herself and Curtis to Ellsworth, but the conversation was not recorded, nor was there a third party present to witness the conversation. Dodge feels it is necessary that Ellsworth testifies as to what was discussed in the conversation, since the former witness is now supposedly a victim.

Essentially, Dodge’s motion to have the assistant prosecutor disqualified was denied by Judge McDowell, who said that the pertinent information, depending on Dodge’s questioning skills, could be revealed during the alleged victim’s testimony. Dodge also argued about an expert psychology witness that he feels should be able to testify regarding behavioral science specific to his case and client, but the judge ruled that the witness could testify only to general principles. It is expected that the Court of Appeals will rule on Dodge’s challenges to the judge’s rulings sometime in late March.