Michigan Criminal Lawyers Blog

January 7, 2020

Will the Legalization of Sports Gambling Lead to More Prosecutions?

Sports fans across the state of Michigan are excited that they can now gamble online and in Detroit casinos legally. With the new law in place, the old school “bookie” is facing extinction but make no mistake about it, they still exist. How the new legislation will affect the illegal gaming industry remains to be seen. To discuss this matter in detail, we spoke with several criminal defense lawyers that are at the top of their field in the state of Michigan.

Scott Grabel is the founder of Grabel and Associates and has created a criminal defense team that has become the best throughout the state of Michigan. When asked about the impact of this legislation, Grabel stated, “Much like the marijuana industry, prosecutions are on the rise. The illegal bookmaker will not go out of business and will have to find various ways to continue their operations. The problem for this individual is now they are competing with the state, and the prosecution will be based heavily upon economics, but to say they will not exist is not true.”

William Amadeo is a partner at McManus and Amadeo in Ann Arbor, Michigan, and a Senior Associate with Grabel and Associates. Known as one of the hardest working attorneys in the state of Michigan, Amadeo added commentary when he said, “Illegal gambling is always going to occur, and we see in more frequently in poorer neighborhoods. A bookie that is taking bets on games or running numbers will always be in existence, but prosecutors, especially in Wayne County, will be on the lookout for them. The bookmaker is now in competition with Detroit casinos, and that is going to provide the incentive to prosecute in Detroit.”

January 5, 2020

The Witness List

by Grabel & Associates

In criminal law, one of the most important aspects of criminal defense is the witness list. The witnesses that testify at trial can be beneficial if the jury connects with their personality. To discuss this in greater detail, we spoke to several of the top criminal defense lawyers in the state of Michigan.

Scott Grabel is the founder of Grabel and Associates, which is a firm that is known as the top criminal defense team in our state. When asked about the witness list, Grabel said, “If you don’t interview the witnesses, you set your client up for failure. Having a connection with the witnesses to the best of your ability can make the difference between a one-word verdict or a two-word verdict. Far too often, a lack of preparation in studying the witnesses can be fatal to your case. We always do our due diligence as the witness list is essential to success.”

William Amadeo is a partner at McManus and Amadeo in Ann Arbor, Michigan, and a Senior Associate for Grabel and Associates. Amadeo had become known as the top criminal defense lawyer in Washtenaw County and provided commentary when he said, “I often create a large witness list and then shrink it down. Who you place on the witness list can become problematic because the prosecution can also place them on the witness stand. The witness list is about strategy, and that’s something that is not taught in law school.”

December 20, 2019

Self-Defense: When Deadly Force may be Allowed

by Grabel & Associates

One aspect of criminal law that is often overlooked is the concept of self-defense. In the state of Michigan, an individual can use deadly force without having an obligation to retreat if they have an honest and reasonable belief that such force is necessary to prevent the imminent death, great bodily harm or sexual assault to yourself or to another individual. The defendant must make an affirmative defense to prove the following elements:

A. The defendant was not engaged in a crime of the time deadly force was used.

B. That you are somewhere you’re legally allowed to be and

November 22, 2019

Criminal Charges in Lansing, Michigan, and the Court System

by Scott Grabel

As Michigan’s capital city, and it’s fifth-largest city by population, Lansing is one of the state’s most notable cities. But if you’re facing criminal charges in Lansing, especially if those charges are your first exposure to our state’s criminal justice system, then the city and it’s courts can be confusing and leave you feeling overwhelmed at an already-difficult time of your life. If this sounds like you, don’t worry – the attorneys of Grabel & Associates are here to help. In this article we will discuss the functions of Lansing’s criminal courthouses and inform you as to their locations and roles within Michigan’s larger court system. We will explain in which courthouse you will need to appear based upon your specific charges. We will discuss how having an experienced Lansing criminal defense attorney at your side can improve both your overall experience as well as your chances for an acquittal, a reduction in charges, or an otherwise preferable outcome to your case. Finally, we will tell you why we at Grabel & Associates are the best choice for legal representation in your criminal case in Lansing or anywhere you may need us in the state of Michigan. iStock_000013714975_Double-2-300x217

Why is my Case being Handled in Lansing, as Opposed to Other Cities in Michigan?

Lansing is located within Ingham County, in an area of the state known as Mid-Michigan. In order for criminal charges to be filed against you in Michigan, the case against the defendant must be brought by a particular county. If you live or work in Ingham County, or if the primary facts underlying your case took place here, then your case will likely be in Ingham County. However, not all criminal cases brought in Ingham County are held in Lansing. This is because while Ingham County includes a number of cities which feature courthouses, the courthouses in Lansing are only used for those cases being tried within a particular part of Ingham County.

September 19, 2019

The Press: A Game within the Game in Criminal Law

by Grabel & Associates

In Michigan, the field of criminal law presents more considerable obstacles than many other states. The biggest issue that criminal defense lawyers face comes out of the Lockridge decision. In Lockridge, the Michigan Supreme Court ruled that scoring guidelines for criminal defendants were advisory. While that initially appeared to be a win for the criminal defendant, the reality is that the decision allowed the judge to exceed guidelines without fear for an appeal. The outcome presented stricter sentencing for those that plea or have been convicted at a trial of a felony. With an already difficult task at hand, many are left to wonder how the press plays a role in the criminal justice system. To discuss this issue, we sat down with three of the top criminal defense lawyers in the state of Michigan to gather their insight into this issue.

Scott Grabel is the founder of Grabel and Associates and has put together what most consider the top criminal defense team in the state of Michigan. When asked about the interplay with the press, Grabel stated, “Having a good relationship with the press can be very helpful to your case. The press is the voice of the potential jury pool. If the journalist likes you, they will give your client a fair shake. If the press is against you, it makes the battle more difficult. Part of being a good criminal defense lawyer is understanding the pressures of the press and having respect for the job that the journalist has to do. We don’t ask for favors from the press, we ask for objectivity.”

William Amadeo is a partner at McManus and Amadeo in Ann Arbor, Michigan, and a Senior Associate for Grabel and Associates. Amadeo has developed a reputation for his aggression and is known as one of the top criminal defense lawyers in the state of Michigan. When asked about the press, Amadeo was quoted as saying, “I was a journalism major and worked as a journalist for years. The field of journalism is critical to every facet of life. I would never ask a journalist to bend the facts, and I want my client’s side of the story heard. There are two sides to every story, and I’ve always been taught that trying a case in the press is never the way to start a case. With that stated, I would never deny a writer the chance to report a story, and I will fight back in the press when my client is attacked. When dealing with the media, the criminal defense lawyer should learn to counterpunch as opposed to throwing the first jab.”

August 17, 2019

The Federal Arraignment: Setting the Tone in the Highest of Courts

by Grabel & Associates

When the word arraignment is discussed in the criminal law community, most feel that this is when the defendant pleads guilty or not guilty. While the previous statement is accurate in state District Courts, the concept becomes more complicated at the federal level. To learn more about this topic, this article will provide detailed information about the subject matter and discuss the issue with three of the top criminal lawyers in the state of Michigan.

The definition of the arraignment is a formal hearing in opened court where the defendant hears from the Magistrate of the charges being levied against him or her. This is the first official step in the process of charges being brought against the defendant. The defendant will then have a right to plead guilty or not guilty, argue for a bond, and obtain future court dates. The in-state court, the next step would be the probable cause conference. A federal court can present different obstacles.

Arraignment on the Indictment

July 29, 2019

Second Degree Murder: One of the Big Three Homicide Charges in Michigan

by Grabel & Associates

In the state of Michigan, three murder charges are the most severe in our state: First Degree Murder, Second Degree Murder, and Felony Murder. Today, we will discuss the crime of Second Degree Murder in the state of Michigan.

When a prosecutor brings a charge of Second Degree Murder, they have the burden of proving the following elements:

1. The victim was killed during the act.

July 25, 2019

First Degree Murder: When the Prosecutor’s Hands Are Tied

by Grabel & Associates

In the state of Michigan, the most serious of crimes is the first-degree murder statute. With a conviction of this crime, the Defendant faces life in prison without the possibility of parole and more often than not, the prosecutor on the case will not be allowed to offer a beneficial plea to the Defendant. This means that the criminal defense lawyer needs to be prepared to take the case to trial if they choose to take on this challenge. Hiring the right criminal lawyer for such a charge is essential if the Defendant is to have a chance at freedom. When a prosecutor brings a charge of first-degree murder, it is their burden to prove the following elements:

1. The victim was killed during the crime.

2. The Defendant caused the death of the victim.

July 25, 2019

Felony Murder: A Charge that is Gaining Traction in Michigan

by Grabel & Associates

In the state of Michigan, there are three main murder charges, and the defense of such is as tricky as any charge could be. The three flavors of murder are First Degree Murder, Second Degree Murder, and Felony Murder. Today, we will discuss the concept of Felony Murder and explain how some counties frequently look to bring this charge.

In Black’s Law Dictionary, we see that this is a charge that is brought when the death of one occurs during the course or the attempted course of a felony offense. To prove their case, the prosecutor must prove the following elements:

A. The Defendant is the proximate cause of death.

July 23, 2019

Castle Doctrine Leads to Not Guilty Verdict of Wayne County Man

by Grabel & Associates

A Wayne County Jury returned a unanimous verdict of not guilty for a Detroit man charged with seven felonies on July 17, 2019. Eric Coleman, 27, of Detroit, Michigan, was charged with the following offenses: Discharge of Firearm in a building Causing Injury, Assault with Intent to do Great Bodily Harm, Felonious Assault, False Report of a Felony and three counts of Felony Firearm.

In a case that had garnered a lot of media attention, the defense team of William Amadeo and Peter Winter utilized Michigan’s Castle Doctrine in their advocacy of Coleman. The successful use of the Castle Doctrine has garnered the attention of gun advocates across the state.

Amadeo, a partner at “McManus and Amadeo” in Ann Arbor, Michigan and a Senior Associate for Grabel and Associates in Lansing, Michigan was lead counsel on the case. When asked about the “Castle Doctrine,” Amadeo stated, “Pete Winter and I worked around the clock on this defense. With Michigan being a “stand your ground” state, we presented a theory that our jury related to. Eric [Coleman] was the actual victim in this case, and, sadly, he had to fight for his freedom the way that he did, but in the end, justice prevailed.”