Michigan Criminal Lawyers Blog

May 13, 2016

Police Dogs

Many people love their dogs; some even consider them an important member of the family, just as important as their “human” relatives. While all dogs are special, police dogs are in a class all their own, providing law enforcement with capabilities no human has and often helping to “crack the case.”

The majority of police dogs are male German Shepherds, which as you can imagine can be very intimidating to a criminal. You may wonder why other dog breeds such as Poodles or Golden Retrievers aren’t police dogs. Basically, German Shepherds are extremely intelligent and have the added benefits of being strong and aggressive. Police dogs aren’t limited exclusively to German Shepherds. Another breed that’s often used is the Belgian Malinois, a breed used for herding sheep in Europe. These dogs are imported and used in police/investigation work. Other breeds that have become K-9 (canine) officers include Boxer, Bloodhounds, Rottweiler, Giant Schnauzer, and Doberman Pinschers.

If you own a dog, you know it can smell things you can’t. Dogs have an amplified sense of smell, and police dogs’ noses are approximately 50 times more sensitive than a human’s. This is why police often use their K-9 partners when searching for illegal drugs, weapons, bombs, and even bodies.
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May 12, 2016

Where Defense Lawyers Take Their Summer Vacation

by Scott Grabel

The question really isn’t where defense lawyers take their summer vacation; it’s actually DO they take a summer vacation (or a vacation at any time of year, for that matter). Unfortunately, the answer is too often “no.” Most criminal defense attorneys are under an incredible amount of stress, and “vacation” has become a four-letter word in many law firms, both small and large.

Between incredibly heavy case loads, trying to get those take care of their clients, and often working 60 or 80 hours per week, many lawyers feel there’s just no possible way to take a vacation – or even a long weekend. The fact is, everyone, including defense lawyers, need to unplug occasionally. That means unplugging from laptops and cell phones, completely disconnecting from everything law at least for a while. It’s vital to a lawyer’s physical and mental health, and the health of a marriage or personal relationship.

May 10, 2016

New Laws in Michigan

by Scott Grabel

As we’re approaching the halfway mark of 2016, we thought it would be a good idea to inform Michigan residents of new laws that have taken effect this year. Some of them you may be aware of, some you may not know about.

Some of the most notable new laws that have gone into effect include:

Drivers no longer have to provide a hard copy of auto insurance to police when pulled over; instead, you can now show proof of coverage on your cell phone or any mobile device. Governor Rick Snyder signed this legislation into law in an effort to modernize government and make life simpler for residents. Motorists who cannot provide evidence of auto insurance coverage may have their driver’s license suspended by a judge, or be subject to a civil infraction.

May 6, 2016

Trends in Juvenile Crime and Juvenile Justice in Michigan

by Scott Grabel

In Michigan the concern for juveniles accused of crimes and the juvenile or criminal justice systems are a topic of intense focus. In recent years, efforts have been made by state lawmakers to raise the age for juvenile crimes from 16 to 17, so that 17-year-olds would not face a much harsher adult criminal justice system with the exception of those who are accused of the most serious criminal offenses. Unfortunately, Michigan is one of only nine states that allows those younger than 18 years old to be prosecuted as adults automatically. Changes are hopefully coming, and as Rep. Harvey Santana, D-Detroit said in a news report concerning a 17-year-old who was convicted of murder last year, “the old mentality of locking prisoners up and throwing away the key isn’t working.”

Legislation to place individuals 17 and under into the juvenile justice system was recently unanimously approved by the House Criminal Justice Committee. Essentially, 17-year-olds who have committed less serious crimes such as drug possession, shoplifting, DUI, or underage drinking would be placed in a system better designed for their needs, while those accused of armed robbery, sexual assault, murder, intent to commit murder, or arson would still face the adult system and possibly adult prison if convicted.
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May 5, 2016

Election Fraud – Michigan v. Paul Seewald

by Scott Grabel

In 2012, Paul Seewald, who at the time was a congressional aide and district director for ex-U.S. Congressman Thaddeus McCotter, was charged with nine counts of falsely signing nominating petitions after he and other members of the congressman’s campaign were accused of trying to get McCotter’s name on the ballot in his reelection efforts by submitting bogus petition information.

The nine counts were misdemeanors, however Seewald was also charged with a single count of conspiring to commit a legal act in an illegal manner, which is a felony. Seewald was the subject of a criminal investigation after it was alleged that he signed a petition as a circulator, although court documents reveal the petition was not circulated.

May 3, 2016

Criminal Defense Lawyers Myths

by Scott Grabel

There are countless “myths” regarding criminal defense lawyers that run the gamut. Many people who’ve never dealt with a criminal attorney view them as somewhat shady (after all, who would represent a criminal?) or as individuals who are in it to make a fortune. Speaking of making money, why not just use a public defender instead of paying big bucks to a private criminal defense lawyer? There are many myths about criminal lawyers we’re going to attempt to de-bunk below.

All criminal defense attorneys are created equal

Wrong! Criminal defense lawyers can differ vastly in terms of their backgrounds, results they have achieved for clients, extent of education, experience, even their specialties or “practice areas.” Suppose you’ve been arrested for sexual assault, and the defense attorney you speak to works primarily with traffic or DUI cases and has never (or rarely) represented someone charged with sexual assault. Would you want him/her defending you? Not likely.

Public defenders are just as good as private criminal defense attorneys

April 29, 2016

Voice Technology Helping Law Firms Become More Efficient

by Scott Grabel

In the “old days” so to speak, law firms relied on their secretaries or administrative assistants to take dictation before typing out memos, letters, and other documents. Even over the last decade, it’s amazing how things have changed. Not only do we have the world wide web to provide us with a plethora of information (some of which is reliable, other not so much), we also have perhaps the greatest innovation of all for criminal defense lawyers – voice technology!

While some law firms still use the old “tried and true” methods of creating important documents, voice technology is gradually becoming a popular trend in the legal industry as attorneys and their staffs look for a way to capture all information accurately, while making the work environment more efficient. While dictation and transcription is still a much-used way to capture critical information and details, there are many flaws with this almost “antiquated” method in today’s modern world. For one, older dictation equipment is tape-based, which can result in break downs and all kinds of problems. Two, attorneys often have to locate an experienced transcriptionist to transcribe letters, reports, and other documents when an assistant isn’t available. Considering that today criminal defense lawyers in Michigan and across the U.S. as well as attorneys who focus on other practice areas are busier than ever, efficiency and accuracy is more important than ever.

Cost savings of voice technology for law firms

April 27, 2016

Michigan Trial Courts: Circuit, District and Probate Courts

by Scott Grabel

Many people are not aware of the fact that Michigan trial courts include the circuit, district, and probate courts. All of the courts serve different purposes, however the district court is the one most are familiar with and is often referred to as “the people’s court.” As far as the trial court with the broadest power in the state of Michigan, the circuit court reigns supreme. Probate court, naturally, is where issues involving wills, trusts, and estates are handled, along with other issues, which we’ll discuss below.

Michigan Circuit Court

Some of the court actions addressed in Michigan circuit courts include garnishments, seizure of property, domestic relations, name change, personal protection, order for testing of infectious diseases, and emancipation of a minor. In regards to criminal issues, the circuit court is also where felony criminal cases or civil cases valued at more than $25,000 are handled. For criminal purposes, the circuit court handles those cases in which an individual is charged with a felony crime, which in simple terms is a crime that may, if the individual is convicted, result in a prison term of longer than one year. Currently there are 57 circuit courts in the state of Michigan, located in various counties including Wayne County in which there are 61 judges who preside over circuit court matters.

April 22, 2016

Dispute Between Neighbors Results in Court of Appeals Ruling Regarding Drunk Driving

by Scott Grabel

What began as a dispute between neighbors over loud music resulted in the Michigan Court of Appeals ruling that it is not illegal to operate a vehicle in your own driveway after drinking too much.

According to a report at Michigan Public Radio Network, a man was charged with OWI after a neighbor called police repeatedly because of loud music. Apparently, the man who had consumed a substantial amount of liquor was sitting in his car in his own driveway, listening to music. When police arrived, an officer witnessed the man back his vehicle out of the garage, then drive it back in.

Because he never left his driveway, the defendant argued there was no crime committed. In a two-to-one decision, the Michigan Court of Appeals agreed, finding the charge was not supportable as that specific area of the driveway was not generally accessible to other vehicles or the public.

April 21, 2016

New Trial Ordered after Ched Evans’ Rape Conviction Overturned

by Scott Grabel

Ched Evans, a Welsh football player born in the UK, was convicted of raping a 19-year-old woman in 2012. Now, four years later, the CCRC or Criminal Cases Review Commission referred the conviction to the Court of Appeals. Evans has won his appeal against his conviction, and will now face a new trial.

While the justice system may work differently in the UK, Michigan criminal appeals attorneys know that successfully appealing a conviction for rape, murder, or even larceny of drug offenses is extremely difficult – and often not possible.

An often lengthy and complicated process, the appeals process is one that if successful can “undo” a conviction. While a case ends when the defendant is found guilty, at this point it may be thought of as an “interval” in the criminal process as many go on to appeal the verdict to a higher court.