Michigan Criminal Lawyers Blog

September 26, 2012

Kwame Kilpatrick Detroit Corruption Trial Reveals Mayor’s Efforts to Enrich Himself, Others Through Criminal Enterprise

One of the biggest headlines in the news in recent days has been the Kwame Kilpatrick corruption trial taking place in Detroit. The former mayor, his father Bernard, Kilpatrick “pal” Bobby Ferguson and Victor Mercado have been accused of devising a corruption scheme meant to enrich their own lives. Attorneys for the men asked for a change of venue because of intense media attention and the possibility of its influence on the jurors, however Judge Nancy G. Edmunds denied the change of venue.

Ultimately, prosecutors allege that the group known as “Kilpatrick Enterprise” by authorities have intimidated people and essentially hidden a great deal of money through their scheme. Kwame Kilpatrick, his father, Bobby Ferguson and ex-city water department director Victor Mercado are accused of funneling work to Ferguson through the shake down of contractors and rigged water contracts. It is expected that the trial will last as long as four months.

The complaint against Kilpatrick alleges operation of an illegal criminal enterprise which involves mail and wire fraud, accepting bribes and kickbacks, contract rigging and extortion among other charges.

Opening statements were scheduled for Friday September 21st at 9 a.m. in the U.S. District Court for the Eastern District of Michigan. On Tuesday, Bobby Ferguson was cornered by testimony given by a college friend of Kilpatrick’s and a Detroit police officer, who claimed that Ferguson made threats to his family while the other accused Ferguson of giving him $90,000 cash that was to be given to Kilpatrick. Michael Fountain, a Detroit police officer, testified that threats were made to his children and wife by Ferguson over illegal dumping tickets.

With almost daily headlines coming out in newspapers, this trial is sure to be one of great interest in the Detroit area in the coming weeks.

September 25, 2012

Chrysler Workers Allegedly Involved in Fatal Stabbing at North Jefferson Assembly Plant

by Scott Grabel

On the rainy Thursday morning of September 20th, a fatal stabbing occurred at the Chrysler North Jefferson Assembly Plant in Detroit. According to news reports, two employees at the plant were involved in an altercation that resulted in the death of one employee. Production was suspended for the remainder of the morning. At that time, a woman headed inside the plant stated that no information had been released to union workers. The altercation happened prior to 8 a.m. As of approximately 10 a.m., no arrests had been made.

One worker at the plant told reporters that days before the stabbing, a fight broke out between a material handler and line worker. According to the employee who did not want to give his name, the situation escalated on the day the stabbing took place, with one employee slitting the other’s throat while he was sitting in the break room. Apparently, the suspect’s wife worked at the Chrysler plant as well, and was the source of the argument. Police said the employee who allegedly stabbed the worker fled the scene immediately.

The two employees were later named; Keith Readus, 43 years old, was allegedly stabbed by Jeff Hunt. News reports state that Hunt later shot himself in his SUV at Belle Isle, committing suicide. Detroit Police Inspector Dwayne Blackmon said that after a brief conversation, Readus was stabbed – and that the stabbing was intentional.

While there is a no weapons policy in place at the plant, no metal detectors are used to ensure employees’ safety. Chrysler Senior Vice President of Manufacturing Scott Garberdeing said that reasonable measures would be taken to ensure the safety of employees who work at the plant. Understandably, workers are extremely distraught, particularly friends of the two employees.

While authorities continued to investigate the motive of the crime, many workers believe the stabbing took place over Hunt’s wife and an alleged 3-way love triangle.

September 21, 2012

Two Men Arrested in Connection With Delta Township Convenience Store Shooting

by Scott Grabel

On Saturday September 8, a shooting took place at a Delta Township Quicky Convenience Store that left one 23-year-old Lansing man seriously injured according to news reports. The store is located at 4820 South Waverly Road. The alleged victim was taken to an area hospital following the shooting, which occurred just after 11 a.m. He allegedly suffered a gunshot wound to the chest.

Now, two men have been arrested and charged with the shooting. 18-year-old James Terrell Hudson of Lansing was charged with felony firearm possession and assault with intent to murder according to the Eaton County Sheriff’s Office. Another man of DeWitt, 30-year-old Michael Allen, was charged with accessory after the fact.

According to the Sheriff’s department, the victim remained in critical condition the Wednesday following the shooting. A $1 million bond was set for Hudson by 56A District Judge Julie Reincke; Allen’s bond was set at $500,000. Lansing police were the first on the scene; the case was then turned over to Eaton County Sheriff’s Department after the location of the alleged crime was determined.

If you have been arrested for assault in Michigan, you should know that the laws are quite complicated; many variables affect how severe the penalties will be if you are convicted. Aggravated assault, assault with a dangerous weapon (a felony charge), assault with intent to maim, to do Great Bodily Harm or to commit murder – if you have been arrested for any of these offenses, you must have a capable Michigan criminal defense attorney on your side.

September 20, 2012

Why Taking a Do-it-Yourself Approach to Michigan Driver’s License Restoration is a Bad Idea

by Scott Grabel

You can take a “do-it-yourself” approach to getting your driver’s license reinstated when it has been suspended, but it’s really a bad idea. In the majority of cases, filing a Michigan driver’s license restoration appeal without the benefit of an experienced attorney ends up in a loss. What happens next? What should have happened in the first place – you end up looking for an attorney to help you appeal. However, once you’ve lost in your DAAD License Hearing, it’s nearly impossible for even an attorney to get your license reinstated.

Why? When you lose your Driver Assessment and Appeal Division license hearing, your testimony and other necessary documentation (substance abuse evaluation, letters of support, etc.) are locked in to the evidence. Upon an additional appeal to the court by your attorney, all that will be done is a brief review of the evidence already filed in the DAAD appeal and the hearing transcript; this review is performed to determine if there may have been a legal error – which there rarely is.

Essentially, you’ve wasted your money taking the “do-it-yourself” approach to have your license reinstated, you still don’t have a valid driver’s license, and you will not be able to appeal for another year. Unfortunately, when individuals decide to “play” lawyer in order to avoid spending the money to hire a capable Michigan driver’s license reinstatement attorney, they basically end up throwing what money they do spend away. Unless you possess incredible legal knowledge regarding the countless rules and procedures that apply when filing an appeal, you’re wasting your time, energy and money.

September 19, 2012

August Church Fire in Lansing Act of Arson According to Fire Department

by Scott Grabel

On August 31, New Testament Assemblies Church in Lansing caught fire at around 5:30 p.m. The church, located in a residential area in the 100 block of Astor Avenue, is just south of McLaren Hospital. It took firefighters about an hour to extinguish the flames; the building was also filled with smoke and heat, causing the firefighters to have to vent the roof. Fire officials believe after investigating that the fire began in the rear of the church building on the floor. At that time, the cause of the fire was not known.

On September 18, news reports revealed that it had been determined that the cause of the fire was arson. Authorities believe the fire was intentionally set, and have identified a suspect according to Lansing Fire Marshal Brad Drury. The church suffered extensive damage, but no one was injured. The Bureau of Alcohol, Tobacco, Firearms and Explosives was working with the fire department to solve the crime, which has left the church burned out and boarded up.

Details regarding the individual suspected of committing the arson have not been released in order to avoid jeopardizing the criminal investigation. Stunned neighbors are happy that officials have a suspect in mind; one resident commented that the offense was unbelievable, and she questioned who on earth would do that to the Lord’s house.

Michigan criminal defense attorneys realize that arson is a serious criminal offense that some believe to be “harmless,” particularly if a small fire is set in order to get revenge. However, even a small fire can spread to enormous proportions, putting property and lives at risk. Those charged with and convicted on arson charges may face serious punishment.

September 18, 2012

Lansing Men Arraigned on Larceny Charges After Allegedly Attempting Theft of Auto Parts

by Scott Grabel

Two Lansing men, 19-year-old Timothy Schmitke and 27-year-old Richard Edwards are facing felony charges after allegedly being caught by police as they were attempting to steal items from an auto salvage yard. Lansing District Judge Louise Alderson arraigned the two men on charges of larceny $1,000 or more but less than $20,000.

The alleged crime occurred at Lansing One Stop Automotive, located at 209 Baker Street. According to news reports, police were dispatched to the location at approximately 12:20 a.m. Officers were called to the scene after witnesses saw the two men get out of a vehicle and proceed to enter the yard by crawling under a fence. Upon their arrival, police allegedly found Edwards and Schmitke exiting the yard; the two were arrested without incident.

News reports claim that approximately 40 items belonging to the yard were found by police in and around the vehicle Schmitke and Edwards were driving. According to police, all items were returned to the business owner.

Judge Alderson set bond for the two men; Edwards bond at 10% of $15,000 and Schmitke’s at 10% of $10,000. The two men were scheduled for a pretrial conference on Monday, September 17 before Lansing District Judge Frank DeLuca. DeLuca will also preside over the preliminary examination scheduled for September 20.

In the state of Michigan, the majority of crimes involving theft are considered larceny, which can be charged as a misdemeanor or felony depending on the circumstances and value of property/money stolen. Michigan criminal defense attorneys know that the penalties those convicted on charges of larceny face can be harsh.

Felony charges for theft of property/money worth more than $1,000 but less than $20,000 can mean 5 years in prison along with fines of up to 3 times the value of the property or $10,000, whichever is greater.

September 17, 2012

Orion Township Woman Believed to Be Partially Responsible for 200% Increase in Home Invasions

by Scott Grabel

Tonya D. Sieversten, a 36-year-old Orion Township resident, was arraigned on September 10th on two counts of home invasion. Oakland County Sheriff’s investigators believe she may be responsible for many other home invasions which haven taken place recently in Independence and Orion Townships, as well as Rochester Hills.

Police claim in news reports that Sieversten has confessed to 7 incidents, but believe she may be connected to three others. Alleged victims keep coming forward to identify property stolen from their homes, according to Lt. Dan Toth, Oakland County Orion Township Substation Commander. Toth said that about half of the recovered property has been identified with the 10 crimes the department knows about, and that so far this year home invasions in Orion Township are up about 200%, believed to be largely due to Sieversten.

News reports stated that sheriff’s officials believe the suspect will be connected to other home invasions because of the large amount of stolen property they have recovered from her vehicle, home and a rented storage unit.

On September 7, deputies were investigating an alleged home invasion when they identified a possible suspect. Upon stopping Sieversten’s vehicle, they discovered valuables which included jewelry. It was after this discovery that Sheriff’s Department deputies found property at the rented storage unit and the suspect’s home.

Sieversten is now lodged at the Oakland County Jail according to news reports. A $25,000 cash bond was set by a 52-3 District Court Magistrate following Sieversten’s arraignment.

Michigan home invasion attorneys understand that individuals who are convicted on charges of home invasion, breaking and entering, robbery and other theft/property crimes may face serious and life-altering penalties. Depending on the circumstances and whether the accused is charged with first, second, or third degree home invasion, he or she may face fines of up to $5,000 and as many as 20 years in prison.

September 13, 2012

Driving Against All Odds: Revoked or Suspended Driver’s License in Michigan and the Impact of Being Caught

by Scott Grabel

As Michigan driver’s license reinstatement attorneys, we know that the majority of individuals who have had their driver’s license suspended will drive at some point, usually out of necessity. You get behind the wheel, tell yourself everything will be okay as long as you obey the speed limit and other traffic rules. It’s understandable in certain situations, such as when there is an emergency, you have no alternative way to get to work, etc. However, when you’re caught, the consequences are serious.

Most people assume that having their driver’s license revoked is more serious than having it suspended, and it is. Revocation generally occurs when you have been arrested, for instance, on multiple DUI charges. Your license may be suspended for failing to appear in court, a single DUI or unpaid tickets. However, if your license has already been suspended or revoked and you are caught driving, the punishment will be the same, as these offenses violate the same rule of law.

When you drive knowing that your license is not valid, you realize you’re taking a risk but hope you will not get caught. What happens when you’re headed toward your destination and see the dreaded flashing lights coming up behind you? Most likely, you try quickly to come up with a valid reason, such as you are on your way to work. It wouldn’t be very impressive to the police officer if you were to tell him/her you were on your way to a friend’s house or worse yet, a bar.

Ultimately, what may happen if you are driving against all odds, and get caught driving on a suspended or revoked license? If it is your first offense, you may face up to 93 days in jail, a fine of up to $500, 2 points added to your driving record and a driver responsibility fee of $500 that will apply for two years. With a second offense, your vehicle will be immobilized for 180 days, you could spend 1 year in jail and be fined as much as $1,000, plus the driving record points and drivers responsibility fee mentioned above. As you can see, the penalties are harsh.

September 12, 2012

DUI Arrests and Related Deaths Decline in Metro Detroit, However Penalties Increase

by Scott Grabel

While DUI deaths and arrests have decreased over the past couple of years, penalties have increased in Michigan, meaning those who are convicted on charges of driving under the influence face harsher consequences. In 2011, over 37,000 arrests were made related to motorists driving under the influence of alcohol. This was down about 20% from the nearly 46,000 recorded by state police in 2010.

In October of 2010, a new Michigan law was enforced that means “super” stiff fines and penalties for those who test at 0.17 or higher blood alcohol content levels. Because of the new law, those who are considered “super drunk” and who are first-time offenders may face fines that range in the thousands. Other penalties that apply include mandatory alcohol treatment, increased jail time and 45 days during which you cannot drive. Even to have your driving rights reinstated after the 45 day time period, you must have an ignition interlock device installed in your vehicle.

In Michigan, 0.08 is still the benchmark for being considered legally drunk. The “super drunk” law does not apply to repeat offenders or individuals who face felony charges due to causing injury, damage or death as a result of drunk driving.

While it is clear that the number of DUI arrests has dropped since 2010, law enforcement agencies across Michigan are still highly concerned about the number of motorists who get behind the wheel after consuming alcohol. While statistically the numbers are decreasing, Utica Police Chief Dave Faber stated in a news report that he doesn’t see the number of arrests coming down at all. In fact, Faber said that in 2011, each of his 13 officers recorded 15 DUI arrests on average.

September 11, 2012

1 Suspect Killed, 3 Wounded by Intended Crime Victims

by Scott Grabel

According to Detroit police, an attempted robbery and a separate burglary ended in the death of 1 suspect and 3 other suspects suffering injuries. In the first incident, a man was leaving a northwest Detroit gas station when two men attempted to rob him. The 41-year-old intended victim struggled with his assailants, then shot at them. Police say the man who shot at the suspects did have a concealed pistol license. One of the men, a 20-year-old, was shot in the chest by the intended robbery victim; the other suspect ran away. The incident took place at a Sunoco Gas stations near Hubbell and Joy Roads.

On Friday morning, four men broke in to a shop on Detroit’s west side. The 51-year-old owner of the store shot three of the four men, one of which died. Two others were wounded, and a fourth man was arrested after he was found hiding inside the store.

Michigan criminal defense attorneys realize the seriousness of both of these offenses. Both robbery and burglary can result in harsh penalties when an individual is convicted. Armed robbery is considered a very serious offense in Michigan. In fact, the minimum prison sentence for anyone convicted on charges of armed robbery is two years. When an individual is found guilty of stealing property or money using violence, force or fear against any individual who is present during the commission of the crime or even fleeing the scene may be subject to as many as 15 years behind bars.