Michigan Criminal Lawyers Blog

February 21, 2014

Traffic Stop Leads to Jail Time and Impounded Vehicles for Two Brothers

On January 23, a man pulled out of a parking lot at the Falcon Inn Motel on Michigan Avenue in Dearborn; he exited the parking lot without signaling, pulling onto Cambridge Street in a 2004 Ford cutaway van, according to a news article at Pressandguide.com. An officer who saw the 25-year-old man exit the parking lot ran the license plate and the information returned “no title information on computer.” The officer then proceeded to pull the man over.

The driver, from Detroit, told the police officer that his brother had bought the work van recently, however he could not produce documents proving the purchase. The officer eventually learned that the man’s driver’s license was suspended, but that wasn’t the end of it. His license had been suspended six times previously, and he was wanted in Dearborn, Highland Park, Wyandotte, and Macomb County Circuit Court on five warrants for driving on a suspended license.

The man’s brother showed up in a 2004 Mazda 3 as the police officer and the van driver were sitting in the officer’s patrol car waiting on a tow truck. He wanted to know what was going on, and became argumentative with the police officer who requested two times that he leave the scene. He was arrested as well.

When additional officers responded to the scene, it was found that the license plate on the Mazda was registered to another vehicle. Officers also found a replica handgun under the driver’s seat of the Mazda. In the end, the two brothers’ vehicles were impounded, and both went to jail. The man driving the Ford van was arrested for improper license plate, driving without proof of registration or insurance, and driving without a valid license.

As is evidenced by the story above, driving on a suspended license is never a good idea. Michigan driver’s license restoration attorneys understand that there are instances when an individual feels he or she must drive, regardless of drivers license status, such as in the case of an emergency. Having your license suspended or revoked truly creates a hardship; most people take the privilege to drive for granted, never realizing how important having the right to drive is until that right is taken away.

February 21, 2014

Man Arrested for Drunk Driving in Southern Michigan Following Loss of Football Game

by Scott Grabel

Recently a 25-year-old man was arrested for drunk driving when police approached a vehicle in a Sunoco parking lot. The man, who was sitting in his 2014 Chevrolet Cruze, had his head lying on his arm inside the vehicle. The man was arrested for DUI, although news reports do not reveal any information regarding whether a breath test or field sobriety tests were administered.

When asked by police why he was intoxicated, the man said that he was upset over the loss of a Michigan football game and had drank too much. Apparently the young man is a diehard football fan; still, the loss of a game is no excuse to get behind the wheel of a vehicle when in an intoxicated state.

This story highlights two important issues. First, you do not have to be physically driving a vehicle on the roadways to be arrested for drunk driving in Michigan. As long as you are in control of your vehicle, you may be arrested and charged with DUI. For instance, if you are sitting in the driver’s seat while pulled over in a parking lot or on the side of the road with the keys in the ignition (the engine does not have to be running), you may still be accused of drunk driving.

It seems that the young man in this situation was happy to talk to police, another mistake commonly made by individuals who are suspected of drunk driving. Anyone who is arrested should not answer police questions or freely give information without the presence of his or her DUI defense lawyer. Under the U.S. Constitution, those arrested for any criminal offense have a right not to incriminate themselves by answering questions. Politely give information such as your name and address to police, then say nothing else without first speaking to an attorney.

February 20, 2014

Comstock Township Scene of Multiple Meth Busts in Recent Weeks

by Scott Grabel

Over the past week, several meth labs have been found at locations in Comstock Township.

On Saturday February 15, deputies responded to a home located in the 5900 block of Comstock Avenue after Kalamazoo County Sheriff’s deputies received a call regarding a suspected meth lab that was smoking. Upon arriving at the scene, a one-pot meth lab was found in the living room, along with meth by-products. A check of the residence following the drafting and execution of a search warrant revealed several methamphetamine labs in the basement area of the residence.

While no arrests were reported on the day of the search, 50 to 100 one-pot meth labs were allegedly found inside the home according to the sheriff’s department and news reports at WWMT-Channel 3. A press release indicated that several individuals are suspected of being involved in meth manufacturing, two of them residents of the Kalamazoo area.

Five days later, several people were arrested in connection with manufacturing meth in a separate incident in Comstock Township. After receiving complaints regarding suspected drug activity from neighbors, sheriff’s deputies executed a search warrant in the 6200 block of Wright Street. Upon investigating the residence, authorities discovered a substance suspected to be meth, along with remnants of meth labs and components used in manufacturing meth. Deputies said that several individuals inside the residence were arrested on various charges; three people who are in their 20s are expected to face charges in relation to the meth labs and other items found at the scene.

On the same day, deputies responded to another complaint regarding a possible methamphetamine lab in the 5800 block of Comstock Avenue; this meth lab was inside a vehicle, according to news reports at Mlive.com. In all, there were three meth busts over a one-week period in Comstock Township.

Michigan drug crime defense attorneys know that those who are charged for manufacturing meth or operating/maintaining a meth lab face extremely serious consequences if convicted. Depending on the specific facts of your case, criminal penalties may include fines of up to $25,000 and up to 20 years in prison. Individuals with a past criminal conviction or who were in possession of methamphetamine or operating a meth lab within a certain distance of a school, park, or church may face even more serious punishment.

February 20, 2014

Pittsfield Township Car Crash Leads to Drunk Driving Arrest

by Scott Grabel

Earlier this month, a Pittsfield Township accident involving two vehicles resulted in the arrest of a 28-year-old Ann Arbor man for drunk driving. According to news reports at Mlive.com, the crash took place at approximately 12:30 a.m. in the area of Washtenaw and Foster Avenues. Upon arriving at the scene, police found the at-fault driver pinned in his vehicle. He was transported to an area hospital after being extricated from the vehicle.

The driver of the second vehicle was also taken to the hospital, although reports indicate neither driver suffered serious or life-threatening injuries. Police said only that alcohol appeared to be a factor in the crash, but gave no explanation as to how or why they came to this conclusion.

Considering that the driver who was allegedly at-fault had to be extricated from his vehicle, many questions remain. It’s almost a certainty that field sobriety tests were not performed, but what about a breath test? Was blood taken at the hospital, which indicated the driver’s blood alcohol content was higher than Michigan’s legal limit of 0.08%?

No doubt people who read the news often wonder how authorities come to the conclusions that they do. Unfortunately, even though an arrest does not indicate guilt or mean that the man in this case will be convicted, people often come to that conclusion. The man who has been blamed in this incident not only has to deal with injuries, but the public perception that he is a negligent individual who decided to get behind the wheel of a vehicle and put his own safety and others’ in jeopardy.

February 19, 2014

Taylor Man Charged with Attempted Murder After Giving Interview to News Reporters

by Scott Grabel

On February 10, 42-year-old John Joseph Henry of Taylor was shot in the head after he tried to stop an intruder who had entered his home and was in the midst of stealing property. A neighbor of Henry’s was then interviewed by NBC Channel 4 in Detroit; the neighbor, Jeremy Jones, stated in the interview that Henry “has a big heart.” Jones has now been arrested and charged with assault with intent to commit murder, according to a news article at Mlive.com.

According to police, Jones entered Henry’s home and was stealing when he was caught by Henry and his girlfriend. The incident took place on Wilkie Street. Henry’s girlfriend said that Jones threatened her after he shot Henry in the head, telling he that if she told police anything, he would come back and kill her. Henry was in critical condition at the time of news reports.

When being interviewed by news reporters, Jones also praised Henry, saying that Henry helped him when his car was stuck in the snow by pulling it out. In addition to attempted murder Jones is charged with assault with intent to do great bodily harm, home invasion, armed robbery, larceny of a firearm, felonious assault, receiving and concealing stolen property, felony firearm, and discharge of a firearm in a building. Another man has also been charged in the incident, William Wayne Chaffin, who allegedly helped Jones with the stolen goods.

Attempted murder is a very serious charge in Michigan; should Henry succumb to his injuries, it is possible Jones could be charged with murder. The other charges leveled against Jones are serious as well, leaving him facing severe criminal penalties and loss of his freedom if convicted.

February 18, 2014

Military Judge Requests that Prosecutors Explain Sexual Assault Case Against Former U.S. Naval Academy Football Player

by Scott Grabel

On Tuesday February 11, military judge Col. Daniel Daugherty requested prosecutors explain to him how they intended to prove the aggravated sexual assault charges against a former U.S. Naval Academy football player, 21-year-old Joshua Tate of Nashville, TN. Tate is accused of sexually assaulting a female at a party in 2012. The alleged victim was a student in Annapolis, MD. The party was held at an off-campus house in the area, according to the Associated Press.

The alleged victim claimed that on the night of the party, she had drank heavily and did not recall being sexually assaulted by Tate and two other Naval Academy midshipmen. She was told by others who attended the party that she engaged in sex with multiple partners at the party, however Tate is the only one who has been charged.

Another man who was allegedly involved but had charges against him dismissed, Eric Graham, testified that while he witnessed Tate exit a car parked outside of the party before he himself got into the car at the request of a teammate, he believed the sexual encounter occurred between Tate and the woman before he entered the vehicle. Graham also said that although it was evident the woman had been drinking, it was clear that she was coherent and capable of making her own decisions. He also said that he did not see anything wrong with her, and that she was fully clothed. Graham was granted immunity in exchange for his testimony.

Graham went on to tell the judge after being asked to describe her level of intoxication that he was not concerned about the level of sobriety of the victim. The judge asked Graham to rate her level of intoxication between 1 and 10, with 10 being completely sober; Graham rated the alleged victim at a 6 or 7.

The judge believed after hearing Graham’s testimony that the alleged victim was “fairly well functioning.” He was curious as to how prosecutors intended to prove Tate’s guilt, given that it appeared the woman was not too intoxicated to consent to the sexual activity.

February 17, 2014

Appeals Court Rejects Appeal of Michigan Pot Farmers Convicted of Drug Trafficking

by Scott Grabel

In June and August of 2011, Monroe County Sheriff’s Deputy Ian Glick conducted searches on property owned by a family with licenses to grow a specific amount of marijuana to be used for medical purposes under MMMA (Michigan’s Medical Marijuana Act). Gerald Duval Jr., one of the property owners, is classified as a patient under MMMA; Duval’s two children are registered under MMMA as both caregivers and patients, according to Courthousenews.com.

The investigation revealed that the Duval’s were growing more than 211 marijuana plants on the property, located in greenhouses within barbed wire and chain link fences. Ashley and Jeremy Duval, Duval’s children, are allowed to grow up to 72 plants each as patients/caregivers. Duval himself is permitted to grow as many as 12 plants. News reports indicate that Gerald and Jeremy Duval tried to suppress evidence obtained in the searches, maintaining that they were permitted to grow a certain number of marijuana plants under MMMA. The June search of the property resulted in the discovery of 144 live marijuana plants; after receiving a tip, the property was searched again in August, when an additional 67 plants were found. Ultimately, it was determined that 211 marijuana plants were being grown, more than allowed under the MMMA.

Gerald and Jeremy Duval were eventually charged with drug trafficking and convicted. Gerald was sentenced to 10 years in prison, while Jeremy was sentenced to 5 years. The Duval men appealed the conviction, claiming that because Glick and other law enforcement officials had visited the farm on other occasions for other purposes, they were aware the marijuana was there, making the search warrants invalid. The defendants also challenged the origin of the search warrants, claiming that the state magistrate granted the warrants, which should have been obtained from a federal magistrate.

February 14, 2014

Prominent Detroit Minister and Activist Charged with Domestic Violence

by Scott Grabel

On Thursday February 13, a prominent minister and activist in Detroit turned himself in to the Detroit Police Department and was charged with domestic violence against his wife. Rev. Horace L. Sheffield III, minister at New Destiny Baptist Church, was booked, charged, and released on a $7,500 bond, according to news reports at Mlive.com. Sheffield was also charged with preventing a crime report.

Sheffield was charged following an incident which occurred on Monday at the couple’s home in the 19000 block of Warrington. Sheffield and his wife, Dianna L. Solomon, are in the process of getting a divorce; the minister filed for divorce from his wife in November of last year, according to Wayne County Circuit Court records.

Solomon had returned to the couple’s home after moving out to gather some belongings when an argument ensued. Solomon then attempted to call police when Sheffield tried to take her cell phone away. According to Sheffield’s spokesman Adolph Mongo, the issue should have been worked out in divorce court, not criminal court, as the case is about a cell phone rather than physical violence.

February 13, 2014

Godspeed Taxi Driver Facing 15 Charges in Connection with Alleged Rape

by Scott Grabel

Robert Hezekiah Prescott, a 38-year-old Kalamazoo taxi driver who works for Godspeed Taxi, is facing trial for the alleged sexual assault of a woman who used his cab service on January 12 of this year, according to news reports at Mlive.com.

Court documents indicate Prescott was bound over for trial last month. The alleged victim, who had ridden in Prescott’s taxi on multiple occasions, said that Prescott told her they were going to go to his home, to which she replied, “No, we’re not.” He then allegedly forced her into the back of the cab and raped her. Prescott drove the woman home, at which point she notified police. Prescott was arrested later that evening by Kalamazoo Public Safety Officers.

According to the Michigan Department of Corrections, the defendant was on parole at the time the alleged sexual assault occurred. He has been charged with four counts of first-degree criminal sexual conduct, one count each of possession of a firearm by a felon, assault with a dangerous weapon, carrying a concealed weapon, and unlawful imprisonment, and seven counts of felony firearm.

February 13, 2014

Saginaw Township Man Sentenced to One Year in Jail for Sexual Assault

by Scott Grabel

On Tuesday February 4, 37-year-old Ryan D. Tafel of Saginaw Township was sentenced to one year in prison and one year on a GPS-enabled tether after pleading no contest to attempted first-degree criminal sexual conduct. Saginaw County Circuit Judge Janet M. Boes sentenced Tafel, who pleaded no contest to the charge in exchange for prosecutors dismissing three counts of first-degree criminal sexual conduct. Tafel allegedly sexually assaulted a young female relative, according to news reports at Mlive.com.

Tafel is accused of sexually assaulting the female relative in Saginaw Township in 2005 and 2012; the girl is now 14 years old. The victim testified at Tafel’s preliminary hearing in May of last year behind closed doors. According to Christopher Boyd, Saginaw County Chief Assistant Prosecutor, Tafel was offered a plea agreement due to the prosecutor’s office trying to spare the teenage girl the stress of testifying, and because of potential proof problems.

Tafel declined a plea deal offered by prosecutors in which he would have pleaded guilty to second-degree CSC against someone under the age of 13. The plea would have left him facing three to 15 years in prison. He also declined to take a polygraph test.