Michigan Criminal Lawyers Blog

December 6, 2012

In Michigan, Losing Your License is Like Losing Your Way – Can You Get it Back?

OWI, DUI and other drunk driving offenses are extremely common in Detroit, Grand Rapids and other areas in Michigan, and police crack down hard on individuals who get behind the wheel in what they believe to be an inebriated state. If you are convicted on a charge of operating while intoxicated, you will face serious penalties which may include jail time and fines. However, possibly the worst penalty of all is losing your driving privileges.

We are a society that thinks nothing of hopping in the car at a moment’s notice when we need to run to the store, to get a bite to eat, or go visit a friend. Driving is a necessity for going to work, shopping, taking the kids to school – it’s in the fabric of our daily lives. When your driver’s license is suspended because of drunk or reckless driving, it can be devastating. This is particularly true if driving is part of your job. Can you get your driver’s license back after it has been suspended or revoked? It depends, but often the answer is “yes.”

Michigan driver’s license restoration attorneys know that having your license revoked is a bit more serious than having it suspended. When a license is suspended, there is a usually a specific window of time in which the license will remain suspended such as 30 days, followed by a restriction of 150 days. When an individual is found to have a BAC of .17 or higher while operating a vehicle, their driver’s license may be suspended for one year, if that individual does not consult with an attorney who can help him or her obtain a restricted license.

License suspension is bad enough, however when your driver’s license is revoked, regaining your driving privileges can be a tough challenge. The steps required to get your license back once the minimum revocation period has expired are complex, which is why it is important to obtain the services of an experienced lawyer. You will need to make a request to have your license reinstated to the Secretary of State’s office, which requires a DLAD hearing. Additionally, you must provide proof that you are no longer a risk in terms of drinking and driving; much like a court action for other criminal offenses, you will have to argue your case and produce evidence to satisfy examiners that you will not repeat your mistakes. Even after all of this, there is no guarantee that your license will be reinstated.

December 5, 2012

Milford Duo Arrested in Connection with Burglary of Home

by Scott Grabel

Two Milford men, James Golding and Jason Weeks, have recently been arrested after they were observed breaking into a home in Milford Township by members of the Oakland County Sheriff’s Office FAT (Fugitive Apprehension Team). Authorities suspect the duo is responsible of at least one other burglary.

A joint investigation between the Milford and White Lake Township Police Departments and the Oakland County Sheriff’s Office led to the arrests; each of the men were charged with receiving and concealing stolen property, and second-degree home invasion, both felony offenses. The men, who are both 38 years old, could spend up to 20 years in prison.

Investigators had learned that Golding and Weeks had been pawning substantial amounts of jewelry recently; members of FAT then set up surveillance to watch the two men, who they suspected had broken into a home in White Lake Township. The team then later observed Golding and Weeks commit home invasion in Milford Township. The two are currently being held at the Oakland County Jail. Bond was set at $25,000 each at the arraignment hearing.

Individuals who are arrested for breaking and entering must consult with an experienced Michigan home invasion lawyer right away. Defending someone against these types of charges under Michigan law is not easy; you must have an attorney who is capable of protecting your reputation and keeping you out of jail. Even when having charges dismissed is not an option, a competent lawyer will work to have the charge reduced and seek out alternative sentencing options that are less harsh.

December 4, 2012

Court of Appeals Upholds Conviction of Grand Rapids Man Responsible for Wife’s Traffic Death

by Scott Grabel

In 2010, Julie Mae Wright-Allen died after being involved in a crash in which her husband’s SUV collided with a speeding Grand Rapids police patrol car. Her husband, Ronald Lee Allen, was convicted on charges of operating a vehicle with a suspended license causing death.

Allen, 32, appealed the conviction, but the state Court of Appeals upheld it according to recent news reports. On February 21 of 2010, Allen and his wife were in a GMC Jimmy with two other people when Allen allegedly drove through a flashing red light, colliding with Officer Greg Bauer who was in a patrol car. The crash caused the SUV to roll; Wright-Allen died after suffering fatal head injuries.

According to news reports, Officer Bauer had a flashing yellow light, and thus the right of way. At the time of the accident, Wright-Allen was on maternity leave from the Cracker Barrel restaurant in Grandville, where she worked. She was a mother of a 1-month-old baby and a 2 year old, both girls.

Soon after the deadly crash occurred, Wright-Allen’s family questioned the officer’s speed. While it was alleged that Bauer was driving 25 mph, Allen’s mother said that “You are not going to tell me that, going 25 mph, you are going to flip and SUV.” Sgt. Steve Labrecque of the Grand Rapids police said that he did not believe Bauer was driving too fast, and that ultimately the SUV blew the red flashing light, causing it to turn around and roll over. Labrecque also stated that Bauer saw the SUV coming and tried to avoid it by hitting the brakes, but could not.

It was later determined that Bauer was driving 44 mph in the 25 mph zone. In his appeal request, Allen argued that the jury originally was not adequately instructed by the trial judge regarding the officer’s speeding, and that it could a causing factor in the crash. However, the appeals panel said that at the time of the trial, Allen’s trial attorney had no objections as part of the trial strategy.

Allen argued that Bauer’s speeding in a high traffic area was “grossly negligent,” however the Court of Appeals held that gross negligence could not be adequately established on violating the speed limit on its own. The appeals panel upheld Allen’s conviction writing that evidence concluded that Allen was not paying attention, drove through a flashing red traffic light and was intoxicated when the crash occurred.

December 3, 2012

Michigan Court of Appeals Rules Juvenile Mandatory Life Sentence for First-Degree Murder Unconstitutional, However Decision Not Retroactive

by Scott Grabel

It was recently determined by the Michigan Court of Appeals that the mandatory life sentence handed out to juveniles convicted of first-degree murder is unconstitutional. This development unfolded following the case of Miller v. Alabama, a case which held that sentencing juveniles to life in prison is essentially cruel and unusual punishment, and violates the Eighth Amendment. However, there approximately 350 individuals currently serving life sentences for murders which were committed as juveniles in the state of Michigan; as of now, it looks like those who are already imprisoned will serve the full sentence.

Approximately two weeks ago, the state of Michigan Court of Appeals ruled that 21-year-old Raymond Carp who was convicted of stabbing a woman to death in 2006 when he was 15 years old must serve out his sentence of life in prison. Carp requested a hearing for new sentencing after Miller v. Alabama, however the judges rejected his request.

Miller v. Alabama was a case in Alabama in which it was found that juveniles are not fully developed intellectually and less mature than adults, and therefore less culpable than adults in the case of serious criminal offenses such as murder. The U.S. Supreme Court agreed with the argument in this case, saying that lower courts must take into consideration factors such as maturity and age when juveniles are accused of murder.

In the case of People v. Carp, the life sentence was upheld after the Court stated that Miller v. Alabama is not a substantive rule change, but a procedural rule change. The Court determined that the rule change does not meet criteria which would allow it to be retroactive. Ultimately, under Michigan law the change does not apply to offenders such as Carp who have exhausted direct appeals, but applies going forward. Some attorneys predict that Carp’s case will be appealed to the state Supreme Court.

Michigan criminal appeals attorneys agree that sentencing a juvenile to life in prison without the possibility of parole for first-degree murder or any offense is extremely harsh punishment. Essentially, young people who are not fully developed mentally or mature have their entire lives and futures taken away from them.

December 3, 2012

Feds Accuse Michigan Supreme Court Judge of Bank Fraud

by Scott Grabel

Diane Hathaway, a Michigan Supreme Court judge, has been accused of real estate fraud by the FBI, who believe that she and her husband, Michael Kingsley, fraudulently transferred property in order to wipe $600,000 in mortgage debt off of their Michigan home. The federal government filed a lawsuit recently which seeks to seize Hathaway’s Florida home.

News reports state that Hathaway and Kingsley submitted a hardship letter to ING Bank in 2010, requesting to do a short sale on their Grosse Pointe Park home; however, they did not disclose at the time that their Windermere, FL home had been put under Kingsley’s daughter’s name, according to the federal government.

Essentially, the FBI accused the couple of persuading a bank to allow a short sale on one property, while concealing control of the Florida real estate. Following the short sale of their Michigan home, the Florida home was transferred from Kingsley’s daughter’s name back to the couple, according to the lawsuit which was filed on November 19.

In her first formal response to the government’s lawsuit, Hathaway denied any wrongdoing, saying that while she and Kingsley did not disclose the transfer of their Florida home to their daughter, the bank did not ask about other properties. A court filing submitted on Friday, November 30 does not reveal the reason the couple transferred the Florida home and then got it back.

A written statement from Michigan Chief Justice Robert Young Jr. urges Hathaway to “clear the air and explain these transactions.” Young also said that allegations of fraud against any judge are a “dreadful development.”

Michigan fraud defense attorneys know that these allegations are serious, and that Hathaway and Kingsley could be facing serious punishment if found guilty of bank/real estate fraud. Many criminal offenses subject those convicted to substantial fines, prison time, and even forfeiture of professional licenses; federal sentencing guidelines are usually even more harsh than those at the state level.

November 30, 2012

Detroit Dad to Be Sentenced Monday for Child Abuse and First-Degree Murder

by Scott Grabel

D’Andre Lane was convicted on child abuse and first-degree murder charges on October 12 after being found guilty by a jury of slaying his 2-year-old daughter. On Monday, December 3, Lane will be sentenced to life in prison without parole by Wayne County Circuit Judge Vonda Evans.

The crime took place in December of 2011, when the Detroit father faked a carjacking after allegedly killing his daughter, Bianca. News reports state that Lane claimed his vehicle was taken at gunpoint in Detroit’s North End neighborhood as Bianca sat in the back seat of the car. Police located the vehicle within an hour, but Bianca was nowhere to be found. Her body has not been found to this day.

Prosecutors alleged during Lane’s trial that he had used a stick wrapped in a towel to beat Bianca to death. He then disposed of the body, according to prosecutors, and attempted to cover it all up with the story about the carjacking. Prosecutors claimed that Lane murdered his daughter basically because she wet herself, and he believed physical punishment was necessary when toddlers have accidents.

During the trial, a cadaver-sniffing dog handler testified that the dog had detected the smell of a body both in Bianca’s bedroom at the home and in Lane’s car. Terry Johnson, Lane’s defense attorney, said that the guilty verdict came as a shock because of the lack of physical evidence. According to Johnson, prosecutors uncovered no physical evidence during the course of the investigation.

As of next week, Lane will live the rest of his life behind prison bars.

As Michigan homicide defense attorneys, we realize that while the majority of individuals locked away in prison for committing heinous crimes are guilty, there are many innocent people who lose their freedom, reputation and future. When an innocent person is incarcerated for life, it is a true tragedy – yet it happens.

November 29, 2012

Grand Haven Teen’s License Suspended Following Crash

by Scott Grabel

A West Olive Michigan teen has had her driver’s license suspended following a crash that resulted in the injury of friends who were passengers in the car she was driving. Danielle Michaels, 17, was driving herself and a group of friends to a Michigan State University basketball game when the crash occurred.

The crash took place on March 16th when Michaels and four other girls were headed to the game on eastbound I-96 near Lowell. The SUV crossed the median and rolled over; all five girls were rushed by ambulance to area hospitals. Investigators stated that the SUV struck the turnbuckle at the beginning of the cable barrier, then crashed through, eventually flipping over the cable barrier on the west side. Three girls who were riding in the back seat were ejected from the vehicle; they were allegedly not wearing seatbelts.

News reports at the time of the crash in March stated that all five of the Grand Haven High School students suffered serious injuries. On Thursday, November 15, Danielle Michaels was put on probation for a minimum of 6 months, and ordered to perform 40 hours of community service. Her driver’s license was also suspended. Michaels was also ordered to attend a driver improvement course and counseling, and will issue apology letters to all of the teen girls who were injured in the crash.

According to police reports Michaels was speeding at the time of the accident, talking with her friends and using a cell phone, although reports do not indicate whether she was texting or talking on the cell phone.

Michigan driver’s license restoration attorneys understand how tragic this situation is. Young adults often have the feeling they are invincible, that nothing bad will happen – but it does.

November 28, 2012

Escanaba Convicted Sex Offender’s Appeal Denied

by Scott Grabel

In October of 2011, 61-year-old Bruno Joseph Perino of Powers was found guilty of second-degree criminal sexual conduct after being accused of sexual involvement with a girl under the age of 13. Perino was employed as a bus driver at the time for the Nah Tah Wahsh PSA in Wilson, Michigan. News reports indicate the incidents took place in Brampton Township on February 1 and 28 of 2011.

Perino was found guilty of the 15-year felony in a circuit court trial in October. After posting a $1,000 bond (10% of the $10,000 bond set for Perino), he remained free until his sentencing date of December 1st. Perino was found guilty after evidence was presented that allegedly proved inappropriate touching between Perino and the child.

Perino was ultimately sentenced in December to nine months in the Delta County jail, five years probation and required to register as a sex offender. Claiming insufficient evidence, Perino appealed the conviction; however it was upheld by the Michigan Court of Appeals.

Michigan sex crime appeals lawyers understand that accusing someone of a sex-related crime is easy, even when the accusations are unfounded. Individuals who are accused of any type of sex offense are often viewed as guilty in the eyes of the public, regardless of their guilt or innocence. Unfortunately, this includes jurors who may often convict an individual of an offense he or she did not commit, resulting in harsh penalties.

November 28, 2012

Ishpeming Meth Bust by UPSET Lands Three in Jail

by Scott Grabel

UPSET (Upper Peninsula Substance Enforcement Team) arrested three individuals following a meth bust in Ishpeming on Monday, November 26. The three suspects were lodged at the Marquette County Jail pending arraignment on the charges, which include conspiracy to manufacture methamphetamine and possession of meth components.

The suspects who were arrested include 32-year-old Kelly Kathleen Warlin, 31-year-old Justin Carl Saari, and 46-year-old Chad Steven Warlin. UPSET detectives made the arrest, although they were assisted in the investigation by the Marquette County Sheriff’s Office and Ishpeming Police Department.

Members of the UPSET team collected hazardous chemicals and components used to manufacture meth from the home, according to news reports. UPSET is a team consisting of two multijurisdictional street narcotics teams. Founded in 1988, the team faced a budget cut earlier this year and now relies on private businesses, local government and independent donations to help continue their operations.

If convicted, Michigan drug crime attorneys know that the individuals involved face serious penalties. Methamphetamine is considered a Schedule II drug in Michigan; even for an amount less than 50 grams, those convicted may face up to 20 years in jail and fines of as much as $25,000. Substantial amounts of 1,000 grams or more can mean life behind bars and fines up to $1 million dollars. Other factors can make penalties even more harsh, such as if an individual has a previous criminal history, is found in possession of a gun or commits another offense in conjunction with or separate from the original crime he or she is accused of.

November 27, 2012

Michigan State Student Waives Preliminary Exam, Moves on to Trial for Allegedly Assaulting Ex-Girlfriend

by Scott Grabel

Brandon Carmack, a 20-year-old Michigan State University student of Saline, was scheduled for a preliminary examination for allegedly assaulting his ex-girlfriend in August of this year. Carmack waived the preliminary exam slated for November 26 at 1:30 p.m., and has now been ordered to stand trial.

News reports state that Carmack allegedly assaulted his ex-girlfriend as well as others, then lied to authorities. Carmack faces multiple charges including two counts of assault and battery, stalking, filing a false police report of a felony and domestic assault and battery. After waiving his preliminary exam, a charge of first-degree home invasion was added.

On August 28, Carmack was reportedly intoxicated when he called his ex-girlfriend during the early morning hours. She was at a gathering of roommates, friends and members of the university’s hockey team according to news reports. Police reports claim that Carmack stormed into the house where the gathering was being held after he demanded to see his ex-girlfriend. He then attempted to choke her after grabbing her neck, at which time men in the home intervened. Some of the men were MSU hockey players; reports allege that Carmack also assaulted some of the men who were present.

When preliminary examinations initially began on November 7, several MSU hockey players and Carmack’s ex-girlfriend testified about his assaultive behavior. Police reports claim that Carmack told the woman he would ruin her reputation.

Carmack alleges that following the assault incident he was stabbed in the head and arm, beaten, and suffered a broken nose. He also claimed that MSU hockey players broke his ribs. His allegations were investigated by East Lansing police. Currently, Carmack is free on a $10,000 cash surety bond.

In Michigan, misdemeanor assault and battery charges which apply to those who are not subject to other criminal penalties leave those convicted facing fines of as much as $500 and up to 93 days in jail. However, Michigan criminal defense attorneys know that in cases like the above where the accused is facing numerous charges including home invasion, the consequences will likely be far worse.