Michigan Criminal Lawyers Blog

December 23, 2014

Prosecutor’s Motion to Throw Out Rape Conviction Appeal of Death Row Inmate Denied by Mississippi Supreme Court

In 1993, 48-year-old Charles Ray Crawford was convicted of rape. Today, he is sitting on death row in Mississippi for the murder of Kristy Ray in Tippah County, according to a news article at Gulflive.com. Crawford believes that he was given the death penalty in the murder case because of the 1993 rape conviction. Now, 20 years later, he is appealing the rape conviction based on ineffective counsel in the case.

Essentially, Crawford may not remain on death row if he can win his appeal of the rape conviction. He was charged with rape and aggravated assault in 1992, and while free on bond, arrested for murdering Kristy Ray. In 1993, he was convicted on the rape charges and sentenced to 66 years in prison. Shortly thereafter, Crawford was convicted of murdering Ray in 1994 and given the death penalty. Prosecutors in the murder case argued for the death penalty, maintaining that Crawford’s criminal history as a rapist was an aggravating factor that justified he be given the death penalty.

The prosecutor in the case filed a motion to throw out Crawford’s appeal, however the Mississippi Supreme Court denied the motion. The court gave no comment on why the motion was denied.

December 22, 2014

NJ ‘Elf on the Shelf’ Man Arrested for DUI in Target Parking Lot

by Scott Grabel

On Friday morning at approximately 3:30 a.m., a New Jersey man was charged with driving while intoxicated after police found him sitting in his van in the loading dock area of a Target parking lot drunk and with the engine running, according to news reports.

Lt. James Macintosh of the Riverdale police department said that they had received a report of a suspicious vehicle in the parking lot. The van was running, the headlights on, and the music blaring. The driver of the vehicle, 23-year-old Brian Chellis, was sleeping. According to Macintosh, Chellis was wearing an ‘Elf on the Shelf’ costume. After waking Chellis, Macintosh said that he detected a strong odor of alcohol on his breath, and that there was an open can of beer in the vehicle. Chellis was also allegedly confused about where he was.

Police conducted a series of field sobriety tests, then took Chellis to police headquarters to undergo a breath test. He was issued a summons before being picked up by a family member. Chellis had apparently attended a holiday party and consumed a bit too much Christmas cheer. He is facing DWI charges in Riverdale, NJ.

December 19, 2014

Jenison Contractor to Spend Minimum of Three Years in Prison for Larceny by Conversion

by Scott Grabel

In October of this year, 32-year-old Jeffery Scott TenElshof of Jenison pleaded guilty to two counts of larceny by conversion of more than $1,000 but less than $20,000. On Thursday December 18, he unsuccessfully attempted to withdraw his guilty pleas at his sentencing hearing before Kent County Circuit Court Judge Mark Trusock.

TenElshof was sentenced to three to 10 years in prison for taking money for construction projects, but never completing the jobs. Hi attorney contends that TenElshof simply got behind on the projects as he was extremely busy, and that his intention was never to steal the money clients paid him. One Sand Lake resident paid TenElshof $3,500 to replace some siding on her home, a project that was never completed, according to Colleen Bent, who said TenElshof came up with all kinds of excuses as to why he was not working on the project.

According to Gregory Boer, Assistant Kent County Prosecutor, TenElshof had a plea deal that would have left him facing less than one year in jail had he repaid the money that he stole to the clients. Because he did not repay any of the money, he was sentenced to prison.

December 19, 2014

Getting Your Michigan Driver’s License Back After Refusing a Breath or Blood Test

by Scott Grabel

While most Michigan DUI defense attorneys would advise not to submit to roadside breath tests when pulled over on suspicion of driving under the influence, breath or blood tests administered at the police station or hospital are an entirely different matter. If you refuse to submit to either of these tests, you violate the state’s Implied Consent law. Under this law, every person who has a driver’s license and who operates a motor vehicle consents to complying with these tests upon obtaining a driver’s license. So, what happens if you do not comply? Your license is automatically suspended for one year.

What next?

If your driver’s license has been suspended due to refusal to take a breath/blood test, you have 20 days to challenge the suspension through a Secretary of State Implied Consent hearing; you must request this hearing. Once you request this hearing, your license cannot be suspended until the hearing is complete. The arresting officer must attend this hearing, however if he/she does not attend the hearing, you win automatically, meaning that your driver’s license will not be suspended.

December 18, 2014

Kalamazoo Woman Allegedly Steals Golf Cart, Drives While Intoxicated

by Scott Grabel

On Tuesday, December 16, an unnamed 23-year-old Kalamazoo woman was arrested for allegedly stealing a golf cart and driving it while intoxicated. According to a news report at Fox 17, the woman’s name has not been released and will be identified pending a formal arraignment.

The woman was pulled over at about 8 in the morning when an officer noticed her driving the golf cart on Florence Street and thought it a bit odd. Public Safety Officer Ariana Gasca said that she pulled up to the cart, and the woman driving it pulled over to talk with her. The unidentified woman told Gasca that the golf cart had been given to her by a friend to drive. However, Gasca noticed items on the cart that made her suspect it belonged to a local apartment complex. Upon checking it out, the cart had in fact been stolen.

Gasca conducted a series of sobriety tests on the woman, who was ultimately charged with operating while intoxicated, driving on a suspended license, unlawfully driving away a vehicle, and obstruction by disguise. Police claim the woman also has two additional warrants out for her arrest.

December 17, 2014

Jackson County, Florida Man with Felony Warrant Captured, Charged with Drug Crimes

by Scott Grabel

On Monday, a Marianna, FL man who members of the Jackson County Sheriff’s Office had been looking for was captured after receiving information on where the suspect was located. The suspect, 29-year-old Robert Lee Garrett, had a felony warrant for Violation of State Probation.

The sheriff’s office had attempted to capture Garrett on previous occasions, but had failed in their attempts to locate him. Acting on the information they received regarding his whereabouts, members of patrol set up in the area, along with K-9 and investigation divisions. Tracking K-9 units from the Apalachee Correctional Institution and Jackson Correctional Institution also participated in the efforts to capture Garrett.

Garrett was said to be a passenger in a specific vehicle, so members of the patrol waited for the vehicle which was supposed to be in the area of Dean and Panhandle Roads. When the vehicle did arrive, deputies attempted to make contact with Garrett, however he fled on foot after exiting the vehicle. Officers pursued the suspect, and took him into custody after a short time.

December 17, 2014

U.S. Supreme Court to Hear Louisiana Inmate’s Appeal of Life Prison Sentence

by Scott Grabel

Recently, the U.S. Supreme Court agreed to hear George Toca’s appeal of a life prison sentence without parole he was given when he was just 17 years old; that was 30 years ago. Toca was found guilty of killing a friend during a botched robbery, although the killing was said to be accidental.

At issue is a ruling the U.S. Supreme Court made two years ago, which banned those who were under the age of 18 from being sentenced to life without parole. The court determined in 2012 that such a sentence for juveniles was “cruel and unusual punishment.” Now, the court will decide whether to apply the rule to Toca’s case retroactively.

Toca has maintained his innocence, and another person has claimed responsibility in the killing; regardless, innocence is not the issue before the court. Other state supreme courts, including those in Michigan, Minnesota, Louisiana, and Pennsylvania, have refused requests for resentencing finding the 2012 rule procedural.

December 15, 2014

St. Petersburg Police Officer Pulled Over for Running a Red Light, Arrested for DUI

by Scott Grabel

On Monday morning, December 15, 51-year-old Allan Charles McTavish was stopped after a Hillsborough County sheriff’s deputy witnessed McTavish’s Chevrolet HHR run a red light, according to a news article at Tampabay.com. McTavish has been with the St. Petersburg Police Department since 1984.

Upon stopping McTavish, the deputy noticed an odor of alcohol, that McTavish’s eyes were bloodshot, and his speech slurred. When asked to get out of his vehicle, McTavish allegedly stumbled and fell against the side of his vehicle. He refused a breath and field sobriety tests, and was arrested before being taken to the county jail.

Police spokesman Mike Puetz said that until an internal investigation is completed, McTavish will remain on desk duty. The article claims that McTavish has had positive evaluations over the years he has been with the police department, and that his personnel file includes numerous thank-you notes from residents in the local area.

December 12, 2014

Detroit Man Pleads Guilty in Scheme to Defraud IRS

by Scott Grabel

Recently it was announced by U.S. Attorney Barbara McQuade and Special Agent in Charge of the IRS, Criminal Investigation Jarod J. Koopman that Antonio Lundy had pleaded guilty to involvement in a scheme to defraud the Internal Revenue Service. Lundy, who is 43 years old, pleaded guilty to access device fraud after working with others to prepare and file false income tax returns with the IRS.

In essence, Lundy committed identity theft as he worked to gather the personal identification information and addresses of other individuals and supplying this information to others participating in the scheme who would then prepare and file fraudulent income tax returns. According to the announcement, this scheme began in September of 2011 and continued through April of the next year. In all, there were about 180 fraudulent returns filed which resulted in refunds totaling $1.7 million. The IRS paid out the refunds, which were then loaded onto Turbo Tax Visa debit cards, then picked up by Lundy at the addresses he had provided to others who participated in the scheme. Those whose names were on the cards were not aware that they were the victims of identity theft.

Lundy withdrew cash using the debit cards at several ATM machines in the Detroit area, withdrawing cash in the amount of $251,990. His sentencing is scheduled for April of next year. He will face potential fines of $250,000 and a maximum of ten years in prison; in addition, Lundy will pay restitution of the $251,990 withdrawn at ATMs to the IRS.

December 12, 2014

Common Michigan Driver’s License Restoration Myths

by Scott Grabel

If your driver’s license has been suspended due to DUI, you may have a “little” knowledge about the restoration process and believe that with this basic understanding, you can win at a DAAD/DLAD hearing. As experienced Michigan driver’s license reinstatement attorneys, we want to clear up a few common myths regarding license restoration.

You can do it on your own, and don’t need a skilled lawyer. Of course anyone can get lucky and win at a DAAD hearing, however it is highly unusual. The fact is, in Michigan the denial rate at these hearings is high – and if you lose, you still do not have the privilege to drive. Why risk something as important as being able to drive? In addition, you will have to wait another year to file for another hearing.

If you do not win your DAAD hearing, you can simply appeal the decision. Michigan gives Hearing Officers an incredible amount of discretion, so appealing in the Circuit Court will likely not result in a full reversal of the officer’s decision. You may be able to get another hearing before the one year time period has passed, however the more times you go back for a DAAD hearing, the worse your chances of getting your license reinstated may be, due to problem evidence or inconsistencies/conflicts in the information/documentation you provide each time. Why not do it the first time with a highly qualified attorney, and not have to go through it again?