Michigan Criminal Lawyers Blog

September 19, 2012

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

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.

September 10, 2012

West Bloomfield Police Officer Killed After Responding to ‘Shots Fired’ Call

by Scott Grabel

Sunday evening, September 9th, is when one West Bloomfield police officer lost his life after responding to a “shots fired” call at a residence in the 4000 block of Forest Edge Lane in West Bloomfield Township. 39-year-old Patrick O’Rourke was met by gunfire at approximately 10 p.m. After being taken to McLaren Hospital in Pontiac, O’Rourke died. Married and a father of four, O’Rourke was the first police officer to lose his life in the department’s history. Following the shooting, several officers were involved in a standoff with the suspect; for more than 12 hours, gunfire was exchanged as the suspect remained inside a bedroom at the residence.

Police first believed they were heading to the residence to assist a suicidal man; upon their arrival, police called the man’s name, who then began firing shots through the bedroom door and walls, according to West Bloomfield Township Police Lt. Timothy Diamond. Diamond stated in news reports that the officers were somewhat ambushed after calling out to the suspect to ask if he needed help.

As of Monday morning, it is believed that the suspected gunman remains inside the home; some residents of Forest Edge Lane have been evacuated. News reports state that police believe he remains in the residence, and has fired at least 50 gunshots throughout the ordeal. Police also suspect that the gunman possesses an Uzi submachine gun among other weapons. Township officials intend to send in an armored vehicle in the hopes it will put an end to the tragic standoff.

O’Rourke, the officer who was fatally shot, became an officer in 2000 and was described as “a model police officer and a good family man.” According to Diamond, neighboring police departments have shown up to assist with the situation, and the Oakland County Sheriff’s Office SWAT team is taking over the scene. Police are still investigating the shooter’s background and so far have no motive for the shooting saying that they do not know what set the suspect off.

While there are a lot of questions still to be answered in this unfortunate situation, Michigan criminal defense lawyers know that until proven guilty beyond a reasonable doubt, those suspected of a criminal offense are innocent.

September 7, 2012

Fatal Amish Buggy Crash Leaves Faulted Driver’s License Suspended Indefinitely

by Scott Grabel

A May crash in Hillsdale between a vehicle and horse-drawn buggy carrying an Amish family resulted in the death of a 10-month-old boy. Now, the woman convicted in the crash has had her driver’s license suspended indefinitely. 70-year-old Doris Johns was also given a $1,275 fine and 24 months probation following her plea agreement, in which Johns pleaded guilty to two counts of committing a moving violation causing serious injury. All charges against Johns are misdemeanors; two charges including committing a moving violation in a school zone and committing a moving violation causing a death were dismissed.

According to news reports, Johns was distracted by a dog which caused her to look away from the road. When she returned her attention to the roadway in front of her, the buggy had slowed, causing her to strike the buggy, which then spooked the horse and resulted in the buggy veering off of the road and overturning. Michael and Margie Steury deny that their horse slowed, and claimed they did not see a dog.

Johns runs an adult foster care home and requested a trial in regards to the original moving violation causing death charge, but since the charge was dismissed she will be able to retain her license to run the facility. However, Johns’ driver’s license was suspended indefinitely by the Secretary of State. According to Neal Brady, Hillsdale County Prosecutor, it was a matter of keeping others safe, getting Johns convicted and getting her driver’s license suspended.

The Steury family was relieved not to have to relive the details through a trial, but did want Johns to be held responsible and to protect other Amish from her driving.

This is a sad situation that ended tragically; however, it was clearly unintentional. Michigan driver’s license restoration attorneys realize the importance of having a license and the right to drive, how essential it is to our everyday lives.

September 7, 2012

Ferndale Police Officer Struck by Suspected Drunk Motorist

by Scott Grabel

Late in August a Ferndale police officer was struck by an SUV during an incident in which officers were attempting to break up a crowd at the corner of Woodward and E. Breckenridge. Aimee Sturm, the 33-year-old female driver of the SUV, has been charged with Operating While Intoxicated.

The police officer who sustained injuries was crossing Breckenridge according to police, when a Dodge Durango drove straight toward him after turning from northbound Woodward on to eastbound Breckenridge. According to news reports, the officer yelled for the driver of the SUV to stop, and was signaling with his hands. The SUV continued on, apparently ignoring the officer’s signals, and drove into a parking lot after striking the officer.

When the SUV was finally stopped, police say that Sturm did not seem to realize that she had hit someone. After administering a breath test, police determined that Sturm’s blood alcohol level was .21. The officer who was struck sustained minor injuries; he was treated at a local hospital and released. Sturm has been arraigned on the OWI charges and bond was set at $750.

The incident took place around 2 a.m. on August 25th as Ferndale police officers responded to a disturbance in the area.

Driving while intoxicated (DWI) and driving under the influence (DUI) are considered criminal offenses in Michigan. More and more, states across the nation are cracking down hard on those who choose to consume alcohol before getting behind the wheel. However, Michigan criminal defense lawyers know that we are all human, and we all make mistakes. Without aggressive legal representation, individuals convicted of these types of offenses may face stiff monetary fines, jail time, driver’s license suspension and more.

September 6, 2012

Warren Bicyclist Allegedly Killed by Suspected Drunk Driver

by Scott Grabel

A northern Detroit suburb was the scene in which a bicyclist was allegedly killed after being struck by a suspected drunk driver. Andrew Macielak, a 51-year-old Warren resident, was injured when he was struck by a male driver on Monday around 8:30 p.m. The driver of the vehicle, 47-year-old Kittisak Clayphotong, fled the scene and was later apprehended by police. Macielak died at the scene after police arrived.

News reports state that police in southeastern Michigan suspected that the driver of the vehicle had been drinking prior to the accident. After Clayphotong fled the scene, police found him nearby. Warren Police Commissioner Jere Green said that the suspect was charged with failure to stop at the scene of an accident and operating a vehicle while intoxicated, causing death. After being arraigned on the charges in Warren’s 37th District Court, a judge set Clayphotong’s bond at $20,000 for each charge. Both are 15-year felonies. Clayphotong pleaded not guilty to the charges.

Clayphotong, a Flint resident, was allegedly traveling at a high rate of speed on Ryan Road south of 14 Mile when he crashed into Macielak’s bicycle, resulting in the victim’s fatal injuries. Police apprehended the suspect at a nearby 7-Eleven where he had blown a tire and then attempted to flee on foot.

Michigan criminal defense lawyers know that a charge of operating while intoxicated is serious, but when an individual loses his/her life as a result the penalties become much more severe. A first offense OWI is usually charged as a misdemeanor, and incurs penalties that include up to 93 days in jail, community service, fines of $100-$500 and a 30-day license suspension followed by 150 days restriction. When the death of another person occurs as a result of operating while intoxicated, a first offense is considered a felony. If convicted, an individual will face jail time of up to 15 years, fines of $2,500-$10,000 and a revocation of his/her driver’s license for a minimum of one year.