Michigan Criminal Lawyers Blog

July 1, 2014

Prince William County Drug Sting Results in Arrests of 68 Individuals

In recent days, police and various law enforcement agencies performed a sting operation that resulted in the arrests of 68 individuals in the Prince William County area of Virginia, according to Potomac Local. Suspects were also found in Manassas and Manassas Park.

Police in Prince William dubbed the drug operation “dragon slayer.” Some of the substances the operations was targeting included heroin, prescriptions drugs, cocaine, marijuana, and ecstasy. The 68 arrests came at the end of the investigation, which was conducted by Prince William County, Manassas city, and Manassas Park Narcotics Task Force.

Reports claim that search warrants were executed at 13 locations and that six additional locations were also searched. Warrants were also obtained by police for 86 individuals. Investigators seized multiple firearms, drug paraphernalia, and more than $100,000 in cash in addition to the drugs.

In November of 2013, 40 individuals were arrested in Prince William under “Operation Blue Dragon.” In these latest arrests, police not only enforced Virginia law, but made educational materials, staff, and other resources available to arrestees in an effort to help the individuals understand substance abuse and pursue the help they need.

While news reports do not indicate the specific charges those involved face, Michigan drug crime attorneys know the consequences of being convicted of the possession or distribution of illegal drugs and narcotics. Depending on whether an individual is charged with possession of a drug, or possession with intent to distribute or deliver, the criminal penalties in Michigan may range from jail time to a substantial number of years or even life in prison, along with thousands or even millions in fines. Other factors which determine criminal penalties include the type and amount of drug involved, and the individual’s criminal history.

June 30, 2014

Suspected DUI Crash in San Bruno Leaves Three People Seriously Injured

by Scott Grabel

In the early morning ours on Sunday, June 29, three people sustained serious injuries following a crash that was suspected to have been caused by a drunk driver, according to San Bruno authorities.

News reports at Mercury News indicate that the collision happened just after midnight when two vehicles collided on Crystal Springs Road after one of the vehicles crossed over the center line. Officers stated that a Chevrolet Camaro crossed over the line, causing it to collide with a Ford Explorer. None of the individuals involved in the collision were identified, other than the driver of the Camaro, 19-year-old Hugo Gutierrez of South San Francisco. He sustained serious injuries, along with his passenger and the driver of the Explorer. Gutierrez was arrested on suspicion of drunken driving before being transported to the hospital.

Being arrested for suspicion of DUI is a serious matter, however it becomes even more serious when innocent people are injured. Michigan DUI attorneys know that those who have had a few drinks often feel that they are perfectly capable of driving. This is what alcohol does – it impairs your ability to rationalize, and makes many people feel invincible. Operating a vehicle after consuming any amount of alcohol at all is not a smart decision, as alcohol affects all people differently.

In Michigan, the criminal penalties for a first-time DUI offender include possible jail time, driver’s license suspension, fines, and community service. However, when the charges escalate to DUI causing serious bodily injury or even death, the consequences are much more severe. In fact, it is a felony offense that will result in a maximum of five years in prison, mandatory vehicle immobilization, fines of up to $5,000, and more.

If someone dies as a result of a drunken driver, the driver will face criminal penalties that include up to 15 years in prison and fines of as much as $10,000 if found guilty.

June 30, 2014

Appeals Court Overturns Mt. Morris Man’s Life Sentence in Infant Daughter’s Sexual Assault

by Scott Grabel

Daniel Allen Hall, a 28-year-old Mt Morris man convicted of sexually assaulting his six-month-old daughter, recently had his life sentence overturned by an appeals court, according to news reports at Mlive.com. Now, Hall has been resentenced to between 25 and 50 years in prison by Genesee Circuit Judge Geoffrey Neithercut, who previously sentenced Hall to life behind bars. The Michigan Court of Appeals ruled that Neithercut’s life sentence was improper due to the fact that he exceeded the sentencing guidelines but did not explain his reasons for doing so on the record.

Hall did admit to sexually abusing his infant daughter, a crime that Genessee County Prosecutor David Leyton called “heinous.” Hall was sentenced to life in prison in November of 2012. He was charged with first-degree criminal sexual conduct, communicating with another individual using the Internet to commit a crime, distributing child sexually abusive materials, and child sexually abusive activity Judge Neithercut told Hall at the time of the sentencing that, “In my 26 years as a judge I have seen dangerous people. I regard you as one of the most dangerous.”

Michigan’s state sentencing guidelines call for up to 15 years in prison, however when a victim is younger than 13 the law requires the defendant be sentenced to a minimum of 25 years for first-degree CSC. Daniel Bremer, Hall’s defense attorney, noted that his client’s new sentence still exceeded the guidelines. Hall plans to appeal his conviction according to Bremer.

Hall’s, wife was convicted by a jury on charges of first-degree CSC after they found she photographed the abuse of the couple’s infant daughter. She was sentenced to 25 to 40 years in prison. Alisha Hall alleged that her husband threatened to hurt her and the baby if she did not agree to participate in the abuse.

June 27, 2014

Moved Out of Michigan and Have a ‘Hold’ on Your Driving Record Preventing You from Obtaining a Driver’s License?

by Scott Grabel

Frequently, residents of Michigan who have had their driver’s licenses revoked for one reason or another (usually due to multiple DUI’s) move out of the state, then learn they cannot get a driver’s license in their new state of residence because of a ‘hold’ on their driving record in Michigan.

Anyone with a revoked Michigan license who moves out of state must obtain clearance of revocation in Michigan before you can obtain a driver’s license in the state you now live in. Many people mistakenly assume that when they move out of Michigan, they can easily get a driver’s license in the state they move to without any hassles. Not true. A revoked Michigan driver’s license follows you wherever you go! Even worse, the process of having your revocations cleared in Michigan is not easy, and requires clearance through the DAAD, or Driver Assessment and Appeal Division of the Michigan Secretary of State’s office.

You may have had your driver’s license revoked in Michigan regardless of whether all of the drunk driving offenses occurred in Michigan, or in other states. For instance, if you hold a Michigan driver’s license and rack up DUI’s in Wisconsin, Illinois, and Michigan, your license will be revoked. In fact, you don’t even have to have a DUI in the state of Michigan to have your license revoked, if your license was issued in Michigan and you get multiple DUI’s in other states.

It sounds confusing, and truthfully it is a bit complex. The most important issue here is that if you intend to get a driver’s license in the state that you have moved to and have a revoked license in Michigan, you will have to get clearance of the hold on your driving record. If your license was revoked in Michigan due to multiple DUI’s, it is critical that you have stopped drinking, and can prove it. Otherwise, winning clearance so that you can obtain a license in your new state will be nearly impossible.

June 26, 2014

2013 Paw Paw Stabbing Death Results in Prison Time for Illinois Man

by Scott Grabel

On Monday, June 23, 38-year-old William Chance Stephens of Benld, IL was sentenced to 142 months to 270 months in prison for his role in the stabbing death of Trey Yarbrough in Paw Paw in October of 2013.

According to Mlive.com, Stephens was charged with one count of open murder in the death, which is believed to occurred after the two men engaged in an argument about Yarbrough stealing money from Stephens. Detective Sgt. Kevin Conklin testified in court that the two men got involved in a verbal altercation at the Lakeside Inn. He went on to say that Stephens admitted to stabbing the victim. Paw Paw police found Yarbrough, who was 20 years old, with multiple stab wounds. He was found at a gas station located across the street from the Lakeside Inn.

Stephens was ultimately found guilty of manslaughter after his defense attorney requested that the judge in the case, Circuit Judge Kathleen M. Brickley, allow jurors to consider the lesser offense. He will serve a minimum of 11 years in prison.

In Michigan, an individual charged with open murder may be tried for first- or second-degree murder, determined by the jury. A conviction for first-degree murder would have left the defendant in this case facing life in prison. Manslaughter, whether voluntary or involuntary, leaves the defendant facing up to 15 years in prison along with substantial fines. Other factors that may affect sentencing include the defendant’s criminal history.

This story is just one example that shows why it is so important for anyone accused of a serious or violent crime to work with a skilled criminal defense attorney. Even someone charged with murder may escape lifetime imprisonment in some circumstances. While no one wants to face manslaughter charges or any criminal charges for that matter, most individuals would certainly prefer to spend 11 or 15 years behind bars when compared to the rest of their lives.

June 25, 2014

Teen Arrested on Suspicion of DUI After Striking San Bernardino Police Officer

by Scott Grabel

On Monday evening June 23, a San Bernardino police officer was in the process of making an arrest when he was struck by a vehicle driven by a teen who was believed to be under the influence of alcohol or drugs, according to KTLA 5.

According to the news report, the officer’s back was broken when he was struck by a vehicle at the intersection of Fifth and Mount Vernon Streets. The officer reportedly had his head inside a vehicle of two people he was attempting to arrest for graffiti. When the teen’s vehicle struck the officer, his head collided with the dashboard.

The teen driver reportedly lost control of his vehicle before striking the police officer. The driver, 18-year-old Steven Portillo, was captured on a convenience store video; the clerk said he appeared to be under the influence of either alcohol or drugs.

Portillo attempted to leave the scene of the accident after slamming into the officer, but was apprehended. He was treated at a local hospital for injuries. The police officer, who is in his 30s and has been with the San Bernardino Police Department for approximately six years, suffered a laceration to the head in addition to a broken back. He is expected to survive.

An investigation into the crash is ongoing, however Portillo was arrested for suspicion of DUI.

In the state of Michigan, any individual younger than age 21 may be charged with an OWI Zero Tolerance offense. Those who are 18 years old are not allowed to operate a vehicle with a BAC of 0.02% or greater (the state’s legal limit is 0.08%) in their system. The penalties for this offense include up to 360 hours of community service, and a fine of $250. However, if the individual is arrested for a drunken driving offense within seven years, he or she will face a second-offense DUI charge rather than a first-offense charge, which will result in harsher punishment.

In addition, individuals who cause an accident or are involved in other circumstances while under the influence of drugs or alcohol may be charged with OUIL causing serious bodily injury when someone else is seriously injured as a result. Under these circumstances, an adult may face criminal penalties if found guilty which include fines of up to $5,000 and prison time of up to five years. The offender’s driver’s license will likely be suspended or revoked as well.

June 24, 2014

Arizona Man’s Murder Conviction Upheld by Appellate Court

by Scott Grabel

Chip Moray Smith, a 43-year-old Golden Valley man who has been through three murder trials in connection the with the 2001 shooting death of Chris Darren Payton, has had his conviction upheld by an Arizona appellate court, according to a news article at the Mohave Valley Daily News.

Smith allegedly shot Payton in the head on the evening of August 12, 2001. Smith was driving in his vehicle with three other individuals when he passed Payton’s truck on Santa Maria Road. He retrieved a 9-mm rifle from his car, struck Peyton with the rifle, then shot him in the head, according to reports. Payton’s truck eventually flipped on its side after rolling up an embankment. Authorities allege that Smith got back into his vehicle, then left the scene without summoning help after circling the block to survey the scene one more time.

Payton was initially thought to have been killed in the truck crash, however the bullet wound was discovered during his autopsy. Smith was charged with first-degree murder. It is believed that he shot Payton because of a debt.

In 2002, Smith’s first trial ended in a mistrial. A second trial resulted in a conviction, however Smith won on appeal when the appellate court overturned his 2003 conviction and remanded the case back to court. Now, he has lost in appealing the verdict of his third murder trial. Smith’s attorney appealed the conviction, arguing that certain evidence should not have been admitted, that his client was deprived of a fair trial due to prosecutor misconduct, that Smith’s conviction should have been vacated by the judge, and that the judge imposed an aggravated sentence that was illegal. The appellate court did not agree.

Smith allegedly committed the murder while on release, so the Court of Appeals did not agree that the judge erred in handing down an aggravated sentence. Panel judges also did not agree that the prosecutor asked leading questions, or failed to disclose a witness’s plea agreement. In the end, the appellate court disagreed with every argument brought forth by the defendant’s appellate attorney.

June 23, 2014

One-Car Accident in Berkeley Results in DUI, Other Charges for Driver

by Scott Grabel

On Friday June 20, 21-year-old Anthony Edward Torpey of Castro Valley was arrested following a one-car crash in which his Corvette slammed into a pole near the Claremont Hotel, according to the Contra Costa Times.

The crash, which occurred just before 2:30 a.m. on Tunnel Road, left Torpey’s 24-year-old passenger critically injured. Torpey fled the accident scene on foot, but was located by police just a short distance away. The passenger in the Corvette suffered such serious injuries that a fatal accident investigation team was summoned to the scene.

Tunnel Road is a major artery that feeds traffic into Berkeley from Highway 24, according to the report which said that the road was closed in both east and westbound directions for nearly five hours. The eastbound lane remained closed until almost noon.

Torpey’s passenger was listed in critical condition after being taken to Highland Hospital in Oakland for treatment of his injuries. Torpey was arrested for felony hit and run, felony DUI, battery on a police officer, and driving on a suspended license. According to the California DMV, Torpey had a number of past convictions include reckless driving, hit and run, and speeding. At last report he was being held in lieu of a $91,200 bail in Berkeley City Jail.

Michigan DUI attorneys understand the seriousness of being charged with a drunken driving offense, however the situation becomes far more serious when someone is severely injured. A first DUI offense typically leaves the offender facing up to 93 days in jail (though jail time is rarely served for a first offense), fines of up to $500, driver’s license suspension for 30 days, community service, and other penalties depending on the case.

An OUIL (Operating Under the Influence of Liquor) causing serious bodily injury charge leaves the offender facing far more serious consequences. In this situation, fines increase to amounts of up to $5,000, and incarceration time increases to up to 5 years in prison. In addition, the offender’s vehicle may be forfeited. Either way, a DUI or DUI causing injury can result not only in criminal penalties, but damage to the offender’s reputation and career as well.

June 23, 2014

$500K in Marijuana Seized in Mountain View Drug Bust; Three Arrested

by Scott Grabel

On Thursday June 12, three individuals were arrested in connection with manufacturing and possession of marijuana, according to a news article at the Mountain View Voice. The article claims that Mountain View police raided a building after securing a search warrant, discovering more than 800 marijuana plants.

Police seized the pot found at the building, which was estimated to have a street value of about $500,000. The Mountain View Police Department maintains a blog, which stated that in seizing the pot, police also seized a number of handguns, an assault rifle, and other illegal weapons. These items were found upon investigating the building located at 1132 Independence Ave. Police also recovered fans, industrial lamps, and other equipment used in the process of growing marijuana.

A few days after searching the Mountain View operation, police searched two homes in San Jose which they believed to be connected to the operation. In one home they located more than 30 lbs. of packaged marijuana and additional firearms. The other residence produced methamphetamine, two military-grade grenades, and illegal weapons.

Those arrested include 29-year-old Abby Rose, 33-year-old Semir Metovic, and 32-year-old Tito Hernandez. All face charges including manufacturing a controlled substance, possession of marijuana for sale, felon in possession of a firearm, and other charges.

The building where police initially searched is located behind Costco in an industrial section of Mountain View. Police are uncertain of how long the drug operation has been going on.

Manufacturing and distributing controlled substances is a very common and very serious crime that goes on across the U.S. today. Michigan drug crime defense attorneys know that if found guilty of the charges against them, the defendant’s in this case will face serious punishment, which will likely include substantial fines and jail/prison time.

In the state of Michigan, individuals who are convicted of marijuana possession with intent will face serious consequences which depend on the offender’s criminal history, and the amount of drug involved. Marijuana is a Schedule 1 substance, the most serious of all in terms of abuse and addiction. Possession of more than 200 pot plants with the intent to manufacture, sell, or distribute the marijuana will leave the offender facing fines of up to $10,000,000 along with prison time of up to 15 years. The manufacture of more than 100 marijuana plants in Michigan will result in charges at the federal level, which means even harsher penalties.

June 20, 2014

Royal Oak Man Enters Guilty Plea for His Involvement in Fraudulent IRS Tax Scheme

by Scott Grabel

Last month, a Royal Oak man pleaded guilty before U.S. District Judge Gershwin Drain for his involvement in the fraudulent filing of tax returns with the IRS. Shane Bateman, 42, is alleged to have stolen the identities and obtained mailing addresses and other information to use for filing false tax returns.

Bateman reportedly stole this information and gave it to other individuals, who used the stolen identities to file fraudulent tax returns. All of the returns were completed in a way that the purported taxpayers were owed a refund. Once the refunds were processed by the IRS, they were loaded onto Turbo Tax Visa debit cards. In all, the fraudulent tax returns filed with the IRS requested refunds of about $1.7 million. There were approximately 180 false tax returns filed; Bateman’s take in the scheme via ATM withdrawal amounted to about $186,000.

Acting Special Agent in Charge of the IRS, Criminal Investigation Carolyn Weber and U.S. Attorney Barbara McQuade announced Bateman’s involvement and guilty plea in the scheme. Bateman collected the personally identifiable information from victims during a time period beginning in September of 2011 through April of 2012, according to court records. Bateman is scheduled to be sentenced on October 2. The criminal penalties for filing fraudulent tax returns include up to ten years in prison, fines of up to $250,000, and restitution.

Bateman’s plea agreement states that he was not aware of the entire scope of the scheme to defraud innocent people. His part in the scheme was to collect the addresses and other personal information of innocent individuals, then provide that information to a “supervisor” in the scheme.

White collar crimes such as tax fraud typically do not involve violence, however the criminal penalties are still harsh. White collar crimes are generally money-related, financial crimes in which the defendant uses some devious or underhanded method to steal money that belongs to someone else. Money laundering, tax evasion, embezzlement, health care fraud, and racketeering or RICO charges are all examples of white collar crimes.