Michigan Criminal Lawyers Blog

March 18, 2014

Kids & Smoking – National Kick Butts Day, March 19th 2014

While fewer teens smoke cigarettes than two decades ago, smoking is still a very real problem – and a deadly one. March 19th is National Kick Butts Day, a day designed to encourage young people to stand up and speak out on the dangers of Big Tobacco. Smoking is one of the deadliest habits, costing the United States more than $96 billion in health care costs and $97 billion in lost productivity every year!

Every day, more than 3,000 children (mostly teens) light up their first cigarette. While kids are influenced by their parents, friends, and even celebrities/media, Kick Butts Day is an opportunity to fight back, and educate/raise awareness of the dangers of smoking. Most importantly, Kick Butts Day is a day that teens, teachers, and health advocates will encourage kids to not only abstain from smoking cigarettes themselves, but to increase efforts to protect teens and even younger children from the potentially fatal and addictive habit.

Certainly lung cancer is widely recognized as one of the biggest risks associated with smoking, but there are many other dangers which can be attributed to tobacco use. These include other types of cancer, lung diseases such as emphysema and COPD, heart and cardiovascular disease, gum disease, the development of hypertension (high blood pressure), and an increased risk of heart attack.

March 17, 2014

Owner of Indianapolis Colts Arrested for DUI, Possession of Controlled Substance

by Scott Grabel

On Sunday evening March 16, Jim Irsay, owner of the Indianapolis Colts, was arrested on preliminary charges of drunk driving and possession of a controlled substance, according to NJ.com. According to Hamilton County Sheriff’s Department spokesperson Bryant Orem, Irsay’s bond was set at $22,500.

Few details of the arrest have been released; USA Today said only that Irsay was arrested just prior to midnight, and booked into the Hamilton County Jail just after 3 a.m. The Colts owner had tweeted just last October that he had not drank alcohol in the past 15 years.

News reports indicate that under the NFL’s personal conduct policy, Irsay will be subject to discipline by the commissioner if convicted of the charges. Irsay admitted that he was addicted to prescription pain medications about a dozen years ago, following years of surgeries and orthopedic procedures which left him with bouts of chronic pain. He sought treatment at a facility outside of Indiana. In November of last year, Meg Irsay filed for divorce after 33 years of marriage.

Did the dissolve of his marriage cause Irsay to slip back into addictive behavior? Michigan DUI defense attorneys know that individuals often turn to alcohol and prescription drugs in an effort to self-medicate and escape life’s problems. However, this behavior usually leads to more problems, including criminal penalties for those found guilty. A first drunk driving offense in the state of Michigan will leave anyone who is convicted facing potential jail time, fines, driver’s license suspension, community service, and more. Subsequent offenses result in punishment that is even more harsh.

March 14, 2014

Top 10 Misconceptions About a Criminal Case

by Scott Grabel

There are many misconceptions people have about criminal cases; unless you have been charged with a crime in the past, you likely have a few misconceptions of your own.

Here are a few of the most common:

1. “If the police are investigating me for a crime, they have to tell me the truth about the investigation.”

March 14, 2014

Celebrating St. Patrick’s Day 2014 Safely in Michigan

by Scott Grabel

St. Patrick’s Day is one of those holidays some people celebrate, others pay little attention to. In Michigan, there is no shortage of things to do not only on St. Patrick’s Day, but in the days leading up to the holiday. Since it falls on Monday this year, no doubt many people will be celebrating over the weekend while they’re off work. Like many other holidays, this is one many will celebrate at local pubs or other events where alcohol and green beer flows freely. It’s fun to participate and have a good time, but don’t let yourself become the defendant in a DUI case!

Here are a few of the events going on in and around Michigan on St. Paddy’s Day 2014:

Ann Arbor offers plenty to do on Monday, including a special breakfast menu at Arbor Brewing Company along with morning Happy Hour until 11 a.m. At Haab’s Restaurant, you’ll find $2 a pint green beer, corned beef and cabbage, and more.

Sidetrack Bar and Grill in Ann Arbor will be featuring drink specials all day long on St. Paddy’s Day, no cover charge. You’ll also find corned beef and cabbage here, and some live Irish music including bag pipes.

Kalamazoo is where you’ll find a free performance by The Moxie Strings at 4 p.m. at Bell’s Eccentric Cafe. In Hastings, the St. Patrick’s Day Parade will begin downtown at 4 p.m.

In Grand Rapids you can enjoy karaoke and live music with Mr. Whooha at the American Legion. Karaoke starts at 4 p.m., music at 8:30 – and of course plenty of corned beef and cabbage at noon! All proceeds benefit local veterans.

If you enjoy dressing up in costume for St. Patrick’s Day, Chequers in Saugatuck will award prizes for the best dressed, and offers $2.50 happy hour all day along with Irish breakfast and dinner specials.

Kuzzins, Louie’s Bar, Mulligan’s, and McFadden’s are just a few of the other pubs and restaurants offering up great specials on food, green beer, and music on Monday.

March 13, 2014

Santa Rosa Man Arrested for Driving on Suspended License, has 19 DUI Convictions

by Scott Grabel

On Friday afternoon March 7, a 68-year-old Santa Rosa man was arrested for driving on a suspended license after being pulled over while Petaluma police were conducting a special Habitual DUI Driver Stakeout Program. William Beall was arrested and was scheduled to be arraigned in Sonoma County Superior Court March 11, according to a news report at CBS San Francisco.

Beall had 19 convictions for driving under the influence over a 30-year time span accord to the article. The Habitual DUI Driver Stakeout Program is designed to target repeat DUI offenders in the county; police had recently received a tip that Beall was driving his Mercedes on a suspended license, according to Sgt. Jim Stephenson, who indicated that at the time police pulled Beall over he was not intoxicated. Police had been staking out Beall’s home and observed him driving away at around 2 p.m. on Friday.

In December of 2011 Beall was sentenced to three years in prison; he had allegedly violated his five year probation term for his 19th conviction for DUI by having alcohol in his home.

While news reports to not specifically say, chances are Beall’s driver’s license had been suspended due to multiple DUIs. Michigan drivers license reinstatement attorneys realize that for most people, it is simply impossible to live a normal life without the privilege to drive. While 19 DUIs is certainly excessive, many states suspend an individuals driver’s license at the time of a first DUI offense. In Michigan, a first DUI will result in drivers license suspension for 30 days, followed by 150 days of restricted driving.

March 12, 2014

Yuma Woman’s Sentence for Murder of Husband Upheld by Arizona Court of Appeals

by Scott Grabel

In August of 2010, Lois Kay Cloud was convicted of hiring a hitman to kill her husband, Kenneth Cloud. Cloud was sitting in his truck outside a Burgers and Beer restaurant and was struck in the neck by a bullet when Vincent Lee Accardo, the alleged hitman, fired a gun. Lois Cloud was with her husband, but was standing outside the vehicle at the time of the shooting and was not injured.

The murder of Kenneth Cloud, who was a wealthy Yuma farmer, occurred in 1997. Accardo, the hitman Lois Cloud allegedly hired, died from natural causes in 2011 while in prison for the murder; he had been sentenced to death.

Lois Cloud was sentenced to life in prison after being found guilty of first-degree murder, facilitation to commit first-degree murder, solicitation to commit first-degree murder, and hindering prosecution. Cloud appealed her life sentence to the Arizona Court of Appeals, her attorney arguing on her behalf that there was insufficient evidence to support her conviction, that several errors were committed during the trial, evidence was improperly admitted, that Cloud was deprived of her right to a speedy trial, prosecutorial misconduct, and more.

The appellate attorney also argued that the Yuma County Superior Court abused its discretion during the trial when Cloud’s request for a mistrial was denied. She requested a mistrial alleging improper testimony and late-disclosed evidence. Conversations which were recorded between Cloud and Accardo during a wiretap investigation were also admitted in court, another fact which the appellate attorney challenged.

The appeals court determined in its 21-page decision that Cloud’s conviction and sentence would remain, and that there were no reversible errors.

Michigan criminal appeals lawyers understand how difficult it is to have a conviction or sentence overturned, even when it seems you have a solid argument. It is rare that an appeals court agrees with a defendant and overturns a conviction or sends a case back to court for resentencing. However, one critical key in success with an appeal is having an attorney who is skilled and highly experienced in the appeals process.

March 12, 2014

California Man Facing Manslaughter Charges in Connection with Drunk Driving and Fatal Accident

by Scott Grabel

On Saturday evening March 8, an accident occurred in San Leandro which took the life of a passenger in one of the vehicles. Now, another man is facing manslaughter charges following allegations that he was driving under the influence of alcohol.

The accident took place at an intersection; residents who live near the intersection reported hearing a loud crashing sound. The vehicles involved included a Chevrolet Camaro and Acura Integra; when police arrived on the scene, they found a traffic light had been knocked down onto one of the vehicles. According to Joseph Desrochers, driver of the Camaro, the pole struck the back of his car before rolling off. Desrochers was not injured in the accident.

Two men were in the Acura Integra, and had to be rescued by the Jaws of Life, according to Desrochers. The passenger, a Latino man, was transported to an area hospital where he later died. The driver of the Acura, also Latino, attempted to walk away from the scene of the accident, according to witnesses. Police captured the man, who was admitted to a hospital. According to news reports at KTVU.com, the man was arrested for drunk driving and will be charged with gross vehicular manslaughter upon his release from the hospital.

The identities of the two Latino men were not released as of Sunday evening.

In the state of Michigan, vehicular manslaughter related to drunk driving is a very serious matter. This is particularly true when a defendant has been convicted previously for driving under the influence of alcohol, as the judge may decide the defendant should be sentenced to the maximum allowed by law. A conviction for vehicular manslaughter in Michigan will leave the defendant facing criminal penalties which include fines of up to $20,000, 20 years in prison, or both. Criminal penalties do vary depending on the details of every individual’s case.

March 11, 2014

Three Arrested in $93,000 Cocaine Bust in Alabama

by Scott Grabel

On Wednesday March 5, three individuals were arrested in connection with possessing and trafficking cocaine in Huntsville, Alabama. Authorities said they were searching for two other individuals they believed to be connected after conducting a drug operation which led them to a large amount of cocaine.

Those arrested include 29-year-old Kamula Nicole Moore, 28-year-old Tina Sherelle Huffman, and 35-year-old Bradley Scott Corbett. Huffman was charged with trafficking cocaine on Thursday; Corbett and Moore were each charged with possession of cocaine, possession of marijuana, possession of a forged instrument, and conspiracy to traffic cocaine. According to WAFF48 (waff.com), two drug busts led to the arrests of the three individuals, and nearly 1,000 grams of cocaine. Authorities said the cocaine had a street value of $93,000.

While investigating, authorities located $125,000 in cash along with 931 grams of cocaine, two cars, an assault rifle, and several other guns. Investigators had been working the drug operation, specifically targeting what they described as a “major” drug trafficking ring.

Police were still in search of Terry Jermaine Robinson and Royce Davenport at the time of news reports, and had issued warrants for their arrests. The three individuals who have been charged were arrested at 323 Research Park Station and 2708 Norton Avenue.

The criminal penalties for cocaine possession with intent to deliver or distribute in Michigan are extremely serious, and depend on a number of factors including criminal history and the amount of cocaine involved. Anyone found in possession of 931 grams of cocaine and charged with possession with intent will potentially face punishment which includes fines of up to $500,000 and up to 30 years in prison if convicted.

March 10, 2014

Washington Woman Claims to be ‘Drunker Than a Skunk’ During 11th Arrest for DUI

by Scott Grabel

While claiming to be ‘drunker than a skunk’ would certainly not be advised by a Michigan DUI attorney, that is exactly what one woman recently did as she was being arrested for driving under the influence in Washington. Jacqueline Luzzani of North Sound had been arrested for DUI 10 times prior to her March 5 arrest in Snohomish County.

Luzzani, 58, is a “danger to the public” according to the judge, who listed off the defendant’s long list of DUI offenses as she sat listening. Luzzani was pulled over for not wearing a seatbelt by a state trooper on Wednesday. According to court documents, she told the officer after being pulled over that she was ‘drunker than a skunk.’ The officer did note that the defendant smelled of alcohol, her speech was slurred, and her eyes bloodshot.

Because Luzzani’s driving record indicted she has six DUI cases which are pending and four prior DUI charges, an ignition interlock is required for any vehicle she is driving. However, there was no device in the car she was driving; the kirotv.com news report stated that March 6 was the third time Luzzani was caught driving a car without the ignition interlock device.

Some of the offenses the judge listed off included negligent driving, hit-and-run unattended, and driving under the influence. Washington State Patrol Trooper Mark Francis said that “We’re all extremely fortunate that she hasn’t seriously hurt or killed somebody.”

In Washington, a fourth DUI conviction in 10 years is considered a felony; however, Luzzani had pleaded at least one of the DUI charges against her down to negligent driving, so it was not clear whether this offense would be considered a felony or misdemeanor. The prosecutor requested that Luzzani’s bail be set at $15,000 given the defendant’s refusal to stop driving drunk and driving history.

In Michigan, a third DUI during a lifetime is charged as a felony. This means the defendant will face extremely harsh penalties if convicted, which may include a maximum of 5 years in prison, fines of up to $5,000, driver’s license revocation, mandatory alcohol treatment, driver responsibility fees, and more.

March 7, 2014

Detroit Police Officer Charged with Domestic Violence, Unlawful Imprisonment, More

by Scott Grabel

On March 3, Detroit Police Officer Johnny Ray Bridges was arrested after he allegedly beat a woman and detained her against her will. Bridges, 47, is now charged with domestic violence, unlawful imprisonment, assault with intent to do great bodily harm, reckless discharge of a firearm, and preventing a crime report according to a news article at Mlive.com.

According to the Wayne County Prosecutor’s Office, Bridges and the woman were drinking alcohol when an argument ensued; the officer was off duty at the time. Bridges allegedly kicked and punched the victim in various areas of her face and body, and fired a handgun into the air. The woman, who was Bridges’ girlfriend, jumped out of a window at the Detroit home where she and Bridges were, running to a nearby restaurant to phone police while wearing only a t-shirt. An employee at the restaurant dialed 911 and gave the 31-year-old woman clothing to put on.

Bridges has been an officer with the Detroit Police Department for nearly 25 years. Although he turned himself in, his job is likely in jeopardy as the department has a zero tolerance policy for crime. Bridges was ordered to have no contact with the alleged victim. A preliminary examination hearing has been scheduled for March 13.

In the state of Michigan, domestic violence and assault with intent to commit great bodily harm are extremely serious charges. Criminal penalties for assault with intent to commit great bodily harm less than murder include fines of up to $5,000 along with a maximum of 10 years in prison for those convicted. Domestic violence is divided into two categories, domestic assault and aggravated domestic assault. Depending on which offense an individual is accused of, he or she may face fines of between $500 and $1,000, along with jail time of between 93 days and one year for a first conviction.

The criminal penalties set forth by law are not the only consequences of a conviction. As indicated above, a conviction could destroy both an individual’s career and reputation, leaving the defendant with a criminal record which will create issues for the rest of his or her life.