Michigan Criminal Lawyers Blog

April 1, 2014

Maine Supreme Court Overturns Sex Crime Convictions of Two Men

On Thursday, March 27, two men who were convicted of sex offenses had their convictions overturned by the Maine Supreme Judicial Court, according to The Bangor Daily News. The two men include 32-year-old Spencer T. Glover of Bryant Pond, and 41-year-old Jason M. Lovejoy of North Carolina.

In August of 2012, Lovejoy was sentenced to 20 years in prison with all but 16 suspended after being convicted on two counts of Class A gross sexual assault; he was also given 10 years probation.

Glover was convicted of Class B gross sexual assault, and sentenced to 10 years in prison, three years of probation with all but six years suspended in July of 2012.

In both cases, the state supreme court reversed both convictions after determining that in the two separate cases, jurors had been advised that the defendants refused to cooperate with investigators. Glover also refused to submit to a DNA test, which led prosecutors to suggest that his refusal implied his guilt. The justices ruled that Glover had a right to refuse testing, and prosecutors should not have suggested his refusal indicated his guilt to jurors.

In Lovejoy’s case, the defendant hung up on investigators when he was under investigation, and would not return their telephone calls. According to the justices, Lovejoy was denied a fair trial because prosecutors made statements regarding his “silence” to jurors, which justices said was Lovejoy’s right under the Fifth Amendment, he simply invoked his right against incriminating himself.

Glover allegedly sexually assaulted a friend who was sleeping in his home in January of 2011; he alleged that the sex was consensual, and that the two had consumed alcohol that evening. Lovejoy was accused of sexually abusing a female relative when she was between 5 and 8 years old; she reported this to Portland police in 2010 when she was 15 years old.

American Civil Liberties Union of Main Foundation legal director Zachary Heiden said that “Amendments were put in place for a reason, and prosecutors can’t just pick and choose when they apply.”

In Maine, Class A gross sexual assault is a felony which leaves the defendant facing a fine of up to $50,000 along with a maximum prison term of 30 years. In Michigan, the most serious sex crimes are charged as first-degree criminal sexual conduct; those convicted may face up to life in prison, along with other penalties.

April 1, 2014

Massive Drug Bust in Lakeland Results in Seizure of Meth Valued at $2 Million

by Scott Grabel

Recently, 13 people were arrested following an investigation that had been ongoing for six months and involved state, local, and federal law enforcement agencies. The drug bust occurred in Polk County, Florida, more specifically in the Lakeland area and was known as Operation Hoodoo Voodoo, according to a news report at Bay News 9.

Polk County Sheriff Grady Judd said the drug bust was one of the largest they’ve had in several years involving methamphetamines, and that the operation was about drugs, money, and guns. While 13 were arrested, 25 suspects were involved. The bust involved the seizure of $2 million worth of meth, approximately 44 pounds according to authorities, who said that a Voodoo priest and a “stockpile” of military-grade weapons were involved. In all, there were 25 suspects who were allegedly trafficking drugs across state and county lines. In addition to seizing the meth, Judd said that more than 100 military-style weapons were being stockpiled by the suspects. Judd said that 44 pounds of meth equals about 20 kilos. The drug was allegedly being sold in several counties in central Florida including Polk, Orange, Lake, Osceola, and Seminole Counties.

Drug lord “El Don,” whose real name is Javier Flores, allegedly managed the shipment of meth to various locations on a large scale not only in Florida, but through southern California from Mexico to Atlanta and Las Vegas as well. “El Don,” according to officials, would consult the Voodoo priest regarding the welfare of the organization as well as their drug dealing decisions. According to Judd, the Voodoo priest told those who were arrested not to worry, that “everything is fine.”

The $2 million worth of meth, 7 vehicles, about 100 weapons, ammunition, bullet-proof vests, and tens of thousands of dollars were confiscated by investigators at a Love’s Truck Stop in Polk City on March 18. The 13 people arrested face various charges which include conspiracy to traffic methamphetamine, trafficking in methamphetamine, and unlawful use of a two-way communications device to facilitate the commission of a crime.

In the state of Michigan, the sell, distribution, or delivery of methamphetamine in large amounts is a very serious crime. Individuals who are convicted of possessing meth with the intent to deliver will face criminal penalties which include up to 20 years in prison, and fines of up to $25,000. However, those with a prior conviction or past criminal activity will face enhanced criminal penalties. Considering all of the criminal offenses the individuals arrested in the case above are accused of committing, it is possible many of them will face decades if not life in prison if convicted.

March 31, 2014

80-year-old ‘Coronation Street’ Star Arrested for Suspicion of Drunk Driving

by Scott Grabel

Approximately three weeks ago, 80-year-old Barbara Knox, star of Coronation Street for more than 40 years, was arrested on suspicion of drunk driving. Coronation street is a long-running soap opera in the U.K. Knox was allegedly arrested after she showed up at the Cheshire Knutford Police Station demanding the release of her daughter, Maxine Ashcroft, who had been arrested for drunk driving as well according to the Huffington Post.

Knox and her daughter were driving home when police pulled them over; Ashcroft was at the wheel at the time. After submitting to a breathalyzer test, Ashcroft was taken to the police station. Reports indicate that her blood alcohol level was nearly three times over the legal limit. When Knox later showed up to demand her daughter be released, police arrested her, suspecting that she was under the influence of alcohol when she drove herself to the police station.

Barbara Knox was released on bail, however news reports do not reveal the star’s blood alcohol level when she was arrested.

Michigan DUI defense lawyers know that anyone, regardless of age or celebrity stature, can be arrested for suspicion of driving under the influence. While the criminal penalties for drunk driving in the U.S. are harsh, this story indicates how such an incident can affect an individual’s reputation and career – reports of the drunk driving incident are widely spread across the Internet. While this may not be the case for an individual who is not a celebrity, a DUI arrest can still impact a person’s life in many ways, including his or her career and standing in the community.

March 28, 2014

Grabel & Associates Supports the Capital Area Humane Society

by Scott Grabel

Are you following Grabel & Associates on Facebook? If not, now is the time to “like” us! Starting this month, we are giving $1 to the Capital Area Humane Society for every “like” we receive up to $1,000.00.

The Capital Area Humane Society has been serving the greater Lansing area since 1936 by protecting animals and education the public about proper animal care and safety. As animal lovers ourselves, we very happy to be able to donate to this amazing organization. Click here to learn about more ways you can support the Capital Area Humane Society.

March 28, 2014

19-year-old Accused of November 2013 Murder of 71-year-old Ann Arbor Man Pleads Guilty to Second-Degree Murder

by Scott Grabel

In December of last year, we wrote about the murder of 71-year-old David Maurer, an Ann Arbor man living in a senior community who had been robbed and was found dead inside his apartment. Now, one of the three defendants in the case has pleaded guilty to second-degree murder.

Mark Paling, a 19-year-old resident of Melvindale, agreed to plead guilty to second-degree murder, larceny in a building, and conspiracy to commit unarmed robbery in exchange for dismissal of charges of larceny of weapons and unarmed robbery, according to a news article at Mlive.com. Second-degree murder is punishable by a maximum of life in prison, however the judge in the case agreed to sentence Paling to a maximum of 40 years in prison as part of the plea deal.

Paling and his co-defendants, Richard Thompson and Rikky Ranger, met the victim through Grindr, a gay dating app. Maurer met the three young men on November 23 at Melvindale, who followed Maurer back to his apartment for an evening of partying – drinking, smoking marijuana, and according to one of the defendants, engaging in sexual activity.

Paling testified that Thompson actually killed Maurer after he got the elderly man in a chokehold. Paling admitted that he gave Thompson a signal, but said that he and Ranger began stealing the victim’s property, which included money from a safe, an iBook laptop, and cellphone.

Paling said that he did not know that Maurer was dead after Thompson got the man in a chokehold, but that Thompson kicked the victim, who did not move. The autopsy supported that Maurer’s death was due to strangulation, according to attorneys who confirmed the fact in court.

As part of the plea deal, Paling also agree to testify against Ranger and Thompson; it has not yet been determined whether either of the co-defendants are competent to stand trial, as both are alleged to suffer from cognitive issues. All three of the defendants remain in jail.

In some cases, it is beneficial for a defendant to accept a plea agreement from prosecutors, particularly when the evidence to support a conviction is overwhelming. In this case, had Paling not accepted the plea deal he may have spent the rest of his life behind bars. According to the news article, Judge Darlene O’Brien set the minimum number of years Paling will serve at 22 1/2 years. Whether a defendant should accept a plea agreement or maintain his/her innocence and proceed to trial depends on whether the defendant is in fact innocent of the charges, and what the defendant and his/her attorney determine to be the best approach in terms of punishment.

March 27, 2014

Somerset Man Charged with Reckless Driving, Operating on Suspended License, More Following Foot Chase

by Scott Grabel

On Thursday March 20, a 21-year-old Somerset, KY man was arrested after a traffic stop led to a short foot chase, according to a news article at the Commonwealth Journal. Kentucky State Police pulled Joshua Coots over for speeding and reckless driving; a foot pursuit then ensued.

Travis Rogers, a KSP Vehicle Enforcement Officer, pulled Coots over just after 7 a.m. after observing Rogers’ vehicle speeding and driving in a reckless manner. Rogers also saw Coots and the passenger switching positions on the Hal Rogers Parkway while the vehicle was still in motion. Rogers learned upon talking with Coots that he switched places with the passenger because his driver’s license had been suspended, and he was wanted for parole violation.

Coots ran on foot when the officer attempted to arrest him after a brief struggle, however he was located and arrested without further incident a short time later by the London Police Dept. He was charged with resisting arrest, first-degree fleeing or evading police, second-degree assault of a police officer, changing drivers while car in motion, speeding, operating on a suspended license, and reckless driving.

While it appears that Coots has far more to worry about than a suspended driver’s license, Michigan driver’s license reinstatement attorneys know that for most people, losing the privilege to drive is a huge issue. When you cannot drive, it makes life very difficult; getting to work, school, or an appointment is a struggle, and you must impose on others to help you get to and from your destination. Today, driving is an essential function of our everyday lives. Most of us jump in the car to run to the store or chauffeur the kids around without giving it a second thought. When you lose that privilege, your life changes in ways you never thought possible.

March 26, 2014

Ohio State Highway Patrol Trooper Fired Following DUI Arrest

by Scott Grabel

Last week, 35-year-old Jeremy Garner, a trooper with the Ohio State Highway Patrol, was fired following a February 16 incident in which he allegedly struck two parked vehicles while heavily intoxicated. Garner was a motorcycle officer and was terminated after an investigation was performed by the patrol for conduct unbecoming an officer, according to a news article at The Columbus Dispatch.

Garner was with fellow troopers at Skully’s Music Diner on the evening in question, and although they attempted to prevent him from driving after noticing that he appeared to be intoxicated, their efforts failed. Garner allegedly struck two parked cars in Short North and was charged with leaving the scene of an accident, failure to control, and drunken driving. His blood alcohol content at the time of the incident was said to be more than three times the legal limit of 0.08% after being measured at 0.27%. Garner’s case is pending; he pleaded not guilty to the charges, and was in his personal vehicle while off-duty when the incident took place.

Garner was convicted of DUI in 2007 in Grove City. He has been a trooper since 2002, according to news reports. On the evening the crash occurred, another trooper who was at the diner offered to give Garner a ride home, however he refused and became hostile with the trooper.

The Ohio State Troopers Associated tried to argue on Garner’s behalf, but the attempt was not successful. The union maintained that Garner has not been convicted of the charges, that he is getting help for alcohol abuse, and that he had no history of misconduct on the job.

Michigan DUI defense attorneys understand how being arrested for driving under the influence can affect a person’s life. While Garner has not yet been convicted, his career has been ruined. If he is convicted, he may face criminal penalties which include possible jail time or DUI school, fines and court costs, driver’s license suspension, and more. Those penalties increase for individuals who are convicted of a second or subsequent DUI offense.

March 25, 2014

Florida Man Pulled Over for Reckless Driving, Arrested for Possession of 10 Pounds of Pot

by Scott Grabel

On Wednesday March 19, a Dunnellon man was arrested after allegedly having 10 pounds of marijuana in his vehicle. 46-year-old Justin Valentine was pulled over after deputies received reports regarding a reckless driver.

Marion County Sheriff’s Office deputies received a call about Valentine’s driving just before 9 p.m. When they went to investigate the matter in the area of the 4300 block of East Highway 40, they observed his vehicle hit a curb after crossing the center line. Deputy Gerald Boatright alleged that upon pulling Valentine over, he detected an odor of alcohol on his breath, and according to the incident report also smelled marijuana.

Valentine was arrested after failing a field sobriety test, which he agreed to take. Officers searched Valentine’s vehicle, and located what is reported to be between $35,000 and $50,000 worth of marijuana. Officers found hydroponic marijuana in 18 one-gallon capacity freezer bags inside a black duffle bag in the trunk of the suspect’s vehicle.

Valentine was taken to the Marion County Jail and is charged with driving under the influence and one count of possession of marijuana with intent to sell. News reports indicate that Valentine has been in trouble with the law before, and was arrested for DUI and possession of illegal bath salts in February of this year.

In Florida, the criminal penalties for possession with intent to sell include a maximum of 5 years in prison; the penalties an individual may face depend on other factors, such as whether the offense occurs within 1,000 feet of a school, church, park, or home.

Michigan drug crime defense attorneys know that while the use of marijuana may be legal in Colorado, the criminal penalties in most other states for possession or possession with intent to distribute/sell are still very harsh.

March 24, 2014

Alabama Man Faces Execution Again Following Supreme Court’s Decision

by Scott Grabel

In 2009, Lam Luong, a Vietnamese immigrant, was convicted of capital murder in the deaths of four children who were thrown off the Dauphin Island Bridge in Mobile County in Alabama in January of 2008. In 2013, the Alabama Court of Criminal Appeals reversed Luong’s conviction. Now, the Alabama Supreme Court has ruled that the decision made by the appeals court was wrong. Luong is now once again facing execution, according to a news article at U.S. News & World Report.

In 2013, Luong’s conviction was reversed by the Alabama appeals court after it was determined that the denial of funds for the defendant’s defense lawyer to travel to Vietnam was an error made by the trial court, and that pretrial publicity was prejudicial. On March 14, the Alabama Supreme Court determined that the lower court’s decision was wrong in a 5 to 3 ruling. State Attorney General Luther Strange said that he was “thankful” that the supreme court heard prosecutors’ arguments, and that Luong’s conviction and death sentence will stand.

The four children thrown off the bridge included three of Luong’s own, and one which belonged to his wife from a prior relationship. Kieu Phan said in court that Luong had been unemployed, and that he was seeing another woman. She also testified that Luong had been using crack cocaine.

Justice Lyn Stuart of the Supreme Court wrote that the defendant’s attorneys did not provide the court with detailed information regarding the defendant’s childhood which would support that important evidence would be obtained through a state-paid trip to Vietnam. She also wrote that in reviewing the record, there was no indication that media coverage would have incited indignation, anger, or revulsion to the extent that the jurors which were chosen could not have decided the defendant’s innocence or guilt based only on the evidence. Three of the Supreme Court justices who did not agree with the court’s decision felt that the media coverage in the case was “sensational,” and that it was difficult to imagine a criminal case involving more prejudicial publicity.

March 24, 2014

LAPD Off-Duty Officer Arrested on Suspicion of DUI Following Crash in McDonald’s Drive-Thru

by Scott Grabel

On March 21, 29-year-old Jonathan D. Chel, an off-duty LAPD police officer, was arrested on suspicion of DUI after he crashed into a McDonald’s drive-thru, according to news reports at KTLA 5. Chel was hospitalized following the accident; no one else was injured.

California Highway Patrol Officer Rodrigo Jimenez said that the crash occurred at approximate 1:15 a.m. as Chel was leaving the eastbound 60 Freeway on the Brea Canyon Road off-ramp. Chel’s vehicle allegedly left the off-ramp then went through the on-ramp before ultimately landing in the McDonald’s parking lot after he failed to negotiate a right turn.

Jimenez said that the investigation is ongoing, and that the officer did not take a breath test in the field; he said that there was evidence that Chel had consumed alcohol although California Highway Police did not release his blood-alcohol level. While Chel was arrested on suspicion of DUI, CHP officials made the decision to release him to a Los Angeles Police Department sergeant. Jimenez said that the CHP determined this was the appropriate action to take.

The Mazda 3 Chel was driving sustained extensive damage in the crash; the car door had to be pried open by the fire department so that Chel could be removed from the vehicle.

According to Luis Garcia, LAPD Media Relations Section Officer, patrol officers whose driver’s licenses have been suspended due to driving under the influence are not allowed on normal duty. Jimenez stated that Chel’s case would be treated just as any other individual who had been arrested for driving under the influence.

In California, the penalties for a first DUI offense include 3 to 5 years of court probation, fines of up to $1,800, six month drivers license suspension, DUI school, and a mandatory 48 hours of jail time, which may be converted to work service.

In Michigan, a first-time offender who is found guilty of driving under the influence will face up to 93 days in jail, 30-day license suspension followed by 150 days of restricted driving, possible DUI school, community service, and fines.