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.

Two banks were recently robbed in Blackman-Leoni Township, both located on E. Michigan Avenue. Now, investigators believe that one man is responsible for robbing a FirstMerit Bank on January 31, and a Flagstar Bank branch on February 7, according to news articles at Mlive.com.

Public safety Detective Sgt. Christopher Boulter said that the individual who entered the Flagstar Bank resembled the individual who robbed the FirstMerit Bank, and that the perpetrator in both robberies was wearing the same mask. Boulter also said a similar method and weapon were used in the bank robberies.

On Friday February 7, the man entered the Flagstar Bank branch at approximately 4:30 in the afternoon; according to Boulter, the robber jumped a counter and demanded money after brandishing what appeared to be a semi-automatic handgun. The FirstMerit Bank, robbed just a week earlier, is located within one mile of Flagstar Bank. In the first robbery, the suspect was wearing a dark grey hooded sweatshirt and a black mask. The man demanded money while brandishing a black handgun.

On Friday February 7, 21-year-old Shaquille Jones pleaded guilty to second-degree murder in the shooting death of University of Michigan medical student Paul DeWolf, who died in July of 2013. Jones, who is from South Carolina, will spend a minimum of 18 years and nine months for his role in the shooting death, according to news reports at Mlive.com. 

Thom DeWolf, the deceased medical student’s father, said that hearing a firsthand account of how his son was killed was more difficult than he expected it to be.

Jones and another man, Joei Jordan also of South Carolina, were each charged with open murder and three counts of home invasion. Paul DeWolf was shot to death in his room at the fraternity house after Jones and Jordan broke into the room, stealing only a PlayStation 3. Authorities suspect the two men broke into the room because of a rolled up towel they mistook as indication someone was smoking marijuana in the room. DeWolf had placed the towel at the bottom of a door to keep air conditioned air inside the room.

In April of 2013, we wrote about the successful appeal of Shawn D. Gardner, a Flint man who had been convicted of murdering Lennon Johnson Jr. outside a Flint nightclub. Johnson’s conviction was reversed by the Michigan Court of Appeals based on ineffective counsel during his 2011 trial.

The appeals court determined that Mark Clement, Johnson’s defense attorney at trial, did not provide his client effective counsel. Polygraph evidence of a witness who pinned the fatal shooting on Ricco Holmes, a man allegedly involved in the murder with Gardner, was allowed at trial. Clement did not object to the polygraph evidence. Gardner was ultimately convicted of second-degree murder in March of 2011 and sentenced to 80 to 120 years in prison.

Gardner’s new trial began on February 4; he is being represented by Michael Ewing. Johnson’s former attorney said regarding the polygraph statement presented by prosecutors that there was nothing he could have done, the statement was already out there.

Following the appeals court’s ruling, Genesee County Prosecutor David Leyton said that he was disappointed in the results, and that Johnson’s conviction was reversed by the appeals court due to Clement’s actions.

It will be interesting to see how the new trial progresses, and whether Johnson is once again convicted for the murder of Lennon Johnson Jr.

Michigan criminal appeals attorneys understand how rare it is to have a conviction overturned by the Michigan Court of Appeals. Johnson and his new defense counsel have now been given a second chance to reach a different outcome, and perhaps gain Johnson’s freedom. The appeals court rarely reverses a conviction, however the majority of cases involve ineffective assistance of counsel.

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Being convicted of a crime in Michigan can not only take away your freedom, it can affect your employment, reputation, even your immigration status. If you or a loved one have been convicted of armed robbery, home invasion, theft, or even a sex or homicide crime, you may have heard the term ‘post-conviction relief.’ This is a general term often used in regards to appealing a criminal conviction and encompasses various statutory and equitable claims including vacating a conviction, modification of a conviction/sentence, motioning for a new trial, Habeas Corpus petitions, release, etc.

It is important to note that not every defendant may seek an appeal. For instance, someone who pleads guilty to a criminal offense may waive his or her right to an appeal. In a nutshell, an appeal is not a new trial, it is an opportunity in which those convicted may have the decision made by the lower court reviewed by the appellate court. A panel of judges will review trial records to determine whether the defendant’s claims of ineffective counsel, improper testimony, or other grounds for appeal are valid. The job of the appeals court is also to ensure the law was applied properly in terms of the verdict reached and sentencing, and that proper protocol was followed at trial.

The process of appealing is fairly straightforward, however it is essential to obtain the services of an experienced and dedicated Michigan criminal appeals attorney. Your lawyer will notify the appropriate court of your intent to appeal a verdict or sentence, then file a claim on your behalf. In most cases, the defendant will not appear at court. An appellate court panel will review written court documents, which include the documented transcripts taken by the court reporter at trial along with records of the court proceedings and other documents. This is where the experience and ability of your attorney comes in; whether or not the appeal is successful often hinges on the documents and information filed by your criminal appeals lawyer.

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On Wednesday February 5, police discovered 105 grams of marijuana upon searching a Hartford couple’s home. The two individuals, who were not named, include a 20-year-old female and a 21-year-old male, according to news reports at Mlive.com. Investigators claim that a toddler was present at the residence as well.

Authorities received a tip that marijuana was being sold from the home. Hartford city police obtained a search warrant which was executed at approximately 9:30 a.m. at the residence located on Austin Street. The Van Buren County Sheriff’s Office narcotics unit then began an investigation and seized approximately 3.5 ounces of marijuana, along with smoking paraphernalia, a digital scale, and packaging supplies.

The two occupants of the home were not arrested at the time, but are facing charges of maintaining a drug house. Once the investigation is complete the details will be forwarded to prosecutors who will review charges of maintaining a drug house and possession with intent to deliver marijuana. In addition, the case will be sent to CPS (Child Protective Services) so that the agency can investigate the circumstances of a one-year-old child living at a home where drug activity is allegedly taking place.

Maintaining a drug house and marijuana possession with intent to sell or deliver are both very serious charges in the state of Michigan. Even those who are convicted of possessing less than 5 kg of marijuana will face up to four years in prison and fines of as much as $20,000. While individuals may or may not face prison time of up to two years for maintaining a drug house, he or she may still be ordered to pay a civil fine of up to $25,000 if penalized by the state.

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On Friday January 31, two people were arraigned on methamphetamine charges. 41-year-old Shannon Marie Little and 47-year-old Darrin Lee Wright, both of Cadillac, were arrested on Thursday after a three-week long investigation led authorities to believe the two were operating and maintaining a meth laboratory, according to a news article at Cadillacnews.com.

According to Detective Lt. Dan King, TNT (Traverse Narcotics Team) received a tip from an anonymous source claiming the occupants of the home located at 432 E. Harris St. were cooking meth. On the evening of the arrest, investigators found a meth lab inside the residence.

Both defendants have been charged with manufacturing meth, operating/maintaining a methamphetamine lab, possession of meth, conspiracy to manufacture meth, and maintaining a drug house. Little and Wright have also each been charged with five counts of using a computer to commit a crime.

Little’s sentence could be doubled if convicted due to her status as a repeat offender, as she has convicted previously of marijuana possession. Wright’s sentence may be doubled as well as he has a habitual offender, third notice.

The defendants’ pretrial hearing was scheduled for Tuesday, February 4.

If Little and Wright are convicted of the criminal charges against the, both will likely spend substantial time behind bars particularly considering their criminal status. The maximum penalty for operating/maintaining a meth lab is 20 years. Using a computer to commit a crime also carries a maximum penalty of 20 years in prison. If a plea agreement is not offered and the two go to trial and are convicted, each could potentially spend the rest of their lives in prison given the fact their sentences may be doubled.

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Last month, four individuals were arrested in connection with operating a mobile meth lab after Michigan State Police troopers with the Munising detachment stopped a vehicle for a traffic violation. Troopers pulled over a 2003 Ford Taurus, and upon investigating discovered an active one pot meth lab according to news reports at The Daily News. Other meth-making components were also found in the vehicle.

Four people were arrested in connection with the mobile meth lab, including Trevor Maxon, 17, Cortne Cornish, 19, Jordan Maddox, 20, and Trent Howard, 21. All four were each charged with one count of felony manufacture of methamphetamine.

UPSET (Upper Peninsula Substance Enforcement Team) detectives responded to the scene to collect the meth-making components and properly dispose of them at a secured holding facility.

Nearly two weeks after the arrests were made, one of the defendants entered a not guilty plea in in Alger County. Trent Howard pleaded not guilty on January 22. The other three defendants waived their arraignments in circuit court, and waived their rights to a preliminary exam.

Trent Howard is scheduled to appear in court on February 19.

All of the defendants in this case may face a maximum of 20 years in prison and fines of up to $25,000 if convicted. In Michigan, criminal penalties may be enhanced based on factors including criminal history, whether a drug crime occurred within close proximity of a park, church, school, or home, etc. The penalties for a conviction on drug charges in the state are extremely harsh as law enforcement and lawmakers continue the war on drugs. In fact, certain drug offenses will leave a defendant facing up to life in prison if found guilty.

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44-year-old Tracey Anne Booth of Hastings was arrested during the last week of January for allegedly slapping her pregnant daughter while in a drunken state, according to news articles at Mlive.com. On January 30, police were called to the 1000 block of East Mill Street at approximately 8 p.m. after receiving a domestic violence complaint.

The woman’s daughter is 17 years old and pregnant; according to police, she told officers her mother assaulted her. Tracey Booth told police that she slapped the back of her daughter’s head because she was being disrespectful.

A preliminary breath test was performed and indicated that at the time of the incident, Booth’s BAC (blood alcohol content) was .18 percent. Although Booth was not operating a vehicle, this is more than twice the legal limit of .08 for motorists in Michigan. Booth was arrested and charged with domestic violence.

Many people associate domestic violence with arguments and physical violence that occurs between spouses or partners who live together. The fact is, an individual may be charged with this misdemeanor criminal offense when the altercation involves a resident of the household.

Domestic violence may be charged as domestic assault or aggravated domestic assault. With domestic assault, the victim does not have to be injured to bring charges against an alleged perpetrator. If it is the defendant’s first offense, he or she will face criminal penalties which include a $500 fine, up to 93 days in jail, or both if convicted. A conviction will also result in a criminal record which can impact an individual’s career, future employment opportunities, and other aspects of his or her life.

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Recently, 36-year-old Terrill Ian Hardaway was charged with second-degree murder in the fatal shooting of Detroit DJ Tony Jackson. Jackson was a disc jockey at Four Winds, a bar located in the 19300 block of Schoolcraft. Hardaway is a Detroit firefighter.

News reports at Mlive.com state that on December 29, Hardaway went into the bar at approximately 12:30 a.m. An argument with 41-year-old Jackson ensued, although the motive is not known. A statement by Wayne County Prosecutor’s Office officials said that security personnel at the bar interrupted an altercation that had become verbal and physical. The two men were taken outside the bar after being separated. Prosecutors allege that once the two men were outside, Hardaway continued to be the aggressor; both men ultimately took out handguns and fired at each other.

Hardaway was struck in the shoulder; both men were taken to the hospital where the victim was pronounced dead at the scene. Hardaway’s injuries were treated and he was released.

Hardaway was charged with felonious use of a firearm in addition to second-degree murder, which carries a maximum sentence of life for those convicted. A preliminary exam is scheduled for February 25. A $500,000, 10 percent bond was set on Tuesday for Hardaway however he appealed the bond which was reduced to $150,000, 10 percent by 36th District Court Judge Ronald Giles.

While second-degree murder is a criminal offense considered less serious than first-degree murder, it is still a very serious crime which could leave the defendant facing up to life in prison.

All types of murder not considered first-degree murder are defined as second-degree murder according to Michigan Penal Code 750.317. While the maximum penalty is the same for both (life in prison), those accused of second-degree murder ultimately leave their future in the hands of the jury if convicted. The jury may decide on a prison term of any number of years to life.

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