Michigan Criminal Lawyers Blog

July 17, 2012

Charged With Driving on a Suspended License? Why You Need a Capable Michigan Driver’s License Suspension Attorney

Regardless of whether or not you knew you were driving on a suspended license, you are still charged with a criminal offense. The fact that you believed your license was valid is not necessarily a legal defense which will work in your favor. Depending upon the circumstances that results in your license being suspended, you could be facing severe punishment. Michigan driver’s license suspense attorneys know how to effectively challenge the charges, and work to help ensure that you keep your license.

There are multiple reasons you may have had your Michigan driver’s license suspended including DUI, reckless driving, driving without insurance, hit and run and other traffic offenses. In the state of Michigan, driving on a suspended license is a misdemeanor offense which can result in fines of up to $500 for a first offense, as well as up to 93 days in jail. Subsequent convictions mean penalties become even more severe.

If you were driving on a suspended license and caused an accident, you will face felony charges which are typically much more serious than misdemeanor charges. In fact, you could be sentenced to fines of as much as $5,000 and up to 5 years in prison depending upon the circumstances and whether an individual lost his/her life in the accident. When someone loses their life, the stakes become even higher.

Regardless of the circumstances, it is critical that you consult with a skilled driver’s license suspension lawyer in Michigan who will work to protect your rights and protect you from serious consequences. A suspended license impacts your ability to work or seek employment, and a criminal record will haunt you in various aspects of your life for decades to come.

April 8, 2012

Trial Court Error In Arson Case Not Considered An Acquittal In Michigan v. Evans

by Scott Grabel

A recent 6th Circuit Court of Appeals case evaluated what an “acquittal” means for purposes of double jeopardy. Double jeopardy is the legal concept that means you can’t be tried twice on the same charges. This means a prosecutor is forbidden from being a second lawsuit against a defendant after he or she has been convicted or acquitted of a particular charge.

In Michigan v. Evans, the defendant Lamar Evans was accused of burning a vacant house pursuant to MCL 750.73, Michigan’s arson statute, which provides:

“Any person who willfully of maliciously burns any building or other real property, or the contents thereof … shall be guilty of a felony, punishable by imprisonment in the state prison for not more than 10 years.”

If you have been charged with arson or any other Michigan criminal offense, consulting with an experienced Michigan criminal defense law firm is important to protect your rights and begin preparing your defense.

At trial, the court erroneously told the prosecution that in order to prove Evans’ guilt, it had to show that the burned house was not a dwelling. Because the prosecution failed to provide this evidence, the court granted a directed verdict for the defendant and entered an acquittal dismissing the case.

In Michigan, arson is defined as the deliberate burning of a house or building and the law distinguishes among:

• Arson involving houses;
• Arson involving “other real property”; and
• Arson involving personal property.

Despite the distinction, it is not necessary to show where the alleged crime involves “other real property” that the building was not a dwelling.

September 7, 2011

Ann Arbor Attempted Home Invasions Raise Concerns

by Scott Grabel

According to Ann Arbor news two attempted Michigan home invasions occurred this past Tuesday morning, putting residents on alert for future incidents. Fortunately no one was injured.

In one alleged attempt, a 21-year-old man was in is bedroom when another man tried to remove his window air conditioner. When confronted, the alleged perpetrator ran away. He was described as 20 years old, 6 feet tall, 175, black and wearing dark pants and a varsity jacket. In the other attempted home invasion, a woman contacted 911 after observing a man try to pry open a rear screen door. After the woman confronted him he ran away. No description was provided.

If you are under investigation for or have been arrested for a property or theft crime it is important to contact an experienced Michigan criminal defense lawyer at once to begin preparing your defense.

Property crimes fall into a number of categories and the defense, as well as potential penalties, vary based on how these crimes are charged.

Under Michigan law, theft and property crimes include theft, grand theft, home invasion, burglary, larceny and embezzlement. Petty theft includes those situations where an individual takes another’s property against their will with the intent to permanently deprive them of that property. To qualify as “petty theft” the amount of property taken will generally not exceed $1000 and is typically charged as a misdemeanor crime
Penalties for theft of property under $200 include: Continue reading