Michigan Criminal Lawyers Blog

February 3, 2014

Ann Arbor Man Causes Two-Vehicle Crash, Arrested for Drunken Driving

Early on Saturday morning February 1 a crash occurred in Pittsfield Township involving two vehicles, according to news reports at Mlive.com. Following the crash which took place near Foster Avenue on Washtenaw Avenue, a 28-year-old Ann Arbor man was arrested for drunken driving.

While the man who was unnamed in news reports was not injured, he had to be extricated from the vehicle. He was transported to the hospital with non life-threatening injuries, as was the driver of the other vehicle involved. Police say that alcohol appeared to play a role in the crash.

Both drivers were transported to St. Joseph Mercy Hospital, one said to be in stable condition, the other in unstable condition according to the ambulance service.

Alcohol is a factor in many serious automobile crashes; luckily, no one was seriously injured or killed in this incident. News reports do not indicate the blood alcohol content of the man accused of drunk driving, or whether it is a first offense. Those who are convicted of DUI in Michigan face serious criminal penalties which may include jail time, substantial fines, community service, driver’s license suspension, and more. When an individual is convicted of a third drunk driving offense, he or she may face license revocation for up to 5 years.

While no one wants to face jail time or steep fines, having your driver’s license suspended or revoked can create serious hardships and difficulty in your daily life. Most people never realize how essential having the privilege to drive is to their lives until they can no longer legally drive. When someone has their license revoked, getting it back even after the revocation period has lapsed is not always easy.

February 3, 2014

Spring Arbor Man Charged with Open Murder for Killing Son Out of Jail on $25,000 Bond

by Scott Grabel

Eldon Huffman, a 64-year-old Spring Arbor area resident, is accused of killing his son on January 22 of this year. Huffman and his son Jared shared a home in Spring Arbor Township; Huffman maintains that he acted in self-defense when he shot his son, who was struck twice and died from injuries to his head and leg. He has been released from jail on a $25,000 bond.

News reports at Mlive.com say that Eric White, Huffman’s defense attorney, claims his client has lived in the area for a long time, has little criminal history, and poses no danger to the community. Huffman has been charged with open murder and using a firearm to commit a crime. While released from jail, Huffman is required to wear a tether so that he can be electronically monitored.

Huffman and his son, who was 31 years old, apparently became involved in a dispute at the home the two shared. Huffman called 911 at approximately 5 a.m. on the day of the incident.

A preliminary exam has been scheduled for February 5. If charged and convicted of first-degree murder, Huffman could spend the rest of his life in prison.

When charged with open murder, whether an individual will face first- or second-degree murder charges is determined by the jury. First-degree murder is the most serious of all homicide charges, leaving a defendant facing potential life in prison if convicted. Second-degree murder results in a sentence of any number of years to life in prison.

Michigan criminal defense lawyers understand what is at stake for those accused of murder. It may be that Huffman’s attorney will be able to prove his client acted in self defense. Should prosecutors offer the defendant a plea deal and Huffman accepts, it could also result in reduced criminal penalties.

January 31, 2014

Grandville Woman Faces Jail Time, Driver’s License Revocation in Byron Township Crash

by Scott Grabel

One week ago, 49-year-old Bernadette Elizabeth Smith was found guilty by a six-person jury of two counts of a moving violation causing serious impairment of body function. Smith was involved in a July 2013 crash in Byron Township that left a young boy and his stepmother seriously injured, according to news reports at Mlive.com. Smith is now facing 93 days in jail and revocation of her driver’s license for one year.

The news report indicates that Smith was attempting to enter a driveway on Wilson Avenue in the Kia she was driving and struck another vehicle which was traveling south. The Hyundai she struck was carrying two California residents, April Johnson and her 10-year-old stepson. Both were seriously injured and transported to Spectrum Health Butterworth Hospital.

Smith was offered a plea deal by prosecutors in October, but declined. Prosecutors offered to dismiss one of the two counts of moving violation causing serious impairment of a body function if Smith would plead guilty or no contest to one count including both victims. This would likely have kept Smith out of jail, however she would still have had her driver’s license revoked for one year.

This incident highlights how easy it is to lose your driving privilege. Michigan driver’s license reinstatement attorneys know that accidents happen unexpectedly. In the blink of an eye, you can find yourself without a valid driver’s license. Until you lose it, most do not realize how vital having the privilege to drive is to the functioning of our everyday lives.

January 31, 2014

McDonald’s Robber’s Prison Term Slightly Lighter After Appealing Conviction and Sentence

by Scott Grabel

In June of 2012, Albert Lewis Woods Jr., who is now 25 years old, was convicted of robbing a Comstock Park McDonald’s. Woods was sentenced to 25 to 50 years in prison for the crime in which he and Cedric Welch escaped with cash and gift certificates after pulling guns on employees at the restaurant in September of 2011. Now, Woods may have three years shaved off of his sentence after he appealed his conviction and sentence to the Michigan Court of Appeals.

Woods appealed the conviction and sentence on several grounds, including the fact that an arrest warrant was not secured by sheriff’s deputies prior to his arrest, that evidence should have been excluded which was secured after a GPS tracking device was placed on his vehicle without a warrant, and that his Sixth Amendment right to confront a witness against him was violated by the circuit court.

While the defendant appealed on numerous grounds, the appeals court ultimately sent the case back to Judge James Robert Redford for re-sentencing due to a technical error made in scoring “offense variables.” Woods’ conviction was upheld. Now, he may spend a minimum of 22 years in prison as opposed to a minimum of 25 years in the original sentence.

On January 27, Judge Woods determined that Woods could receive the same sentence he received in 2012, however he shaved three years off after hearing Woods’ impassioned plea regarding how he is making an effort to turn his life around. Woods also apologized for his past behavior, and emphasized his renewed faith to the judge. In his plea to the judge, Woods said “Please sentence not the boy from the past, but the man in front of you right now.”

Certainly three years is not significant for an individual facing 25 to 50 years behind bars, however it is a slight victory.

January 30, 2014

Crime and the Super Bowl – One of the Most Anticipated Days of the Year is Also Crime Ridden

by Scott Grabel

February is one of the most anticipated months of all, particularly for football enthusiasts who have waited for yet one more Super Bowl Sunday. Unfortunately, the Super Bowl seems to correlate to a sharp rise in crime, particularly DUI, scalping tickets, assault, rowdy behavior, and yes, even sex trafficking.

Here’s a quick overview of past crimes which occurred on Super Bowl Sunday, and what authorities are on the lookout for in 2014:

In 2011, dozens of people were arrested for driving under the influence; in fact, Maryland troopers arrested 42 individuals suspected of drunk driving and issued more than 1,600 warnings. Every year law enforcement in the cities surrounding where the Super Bowl will be played are on the lookout, watching for those leaving house parties, bars, and even the stadium itself.

Ticket scalping is another activity which can leave someone facing criminal charges. While it isn’t a crime to buy a fake ticket, those doing the selling could be charged with fraud. In 2013, a Gainesville, FL man advertised Super Bowl tickets on Craigslist, claiming to couldn’t make it to the big game. A couple paid for the tickets, and received a piece of paper in the mail on which was written, “Go Ravens! LOL!” The man, 37-year-old Robert Pham, with obtaining money by false pretenses and grand theft.

Assault and rowdy behavior can also leave you on the inside (of a jail cell) looking out. In 2010, Warren Sapp (retired Tampa Bay Buccaneer) was arrested after allegedly assaulting his girlfriend inside the couple’s hotel room. He was charged with misdemeanor battery one day before the big game, and yanked by ESPN where he was scheduled to analyze the game.

You may not be aware of the fact, but rowdy behavior, throwing food, drinks, or other items, or picking a fight could get you arrested or kicked out of the game. Avoid harassing other people or otherwise spoiling the fun; you could be arrested for assault if things get out of hand.

It may (or may not) come as a surprise to you, but sex trafficking has been a huge concern on Super Bowl Sunday for years. This year, officials in New Jersey have scheduled training for students, airport employees, law enforcement personnel, hospitality workers, and others to help them identify potential signs of sex trafficking. Many people go to the Super Bowl not to enjoy the game, but to pick up women, or even minors who are underage and being forced into sex.

January 30, 2014

Flint Man Faces First-Degree Murder Charge After Death of Woman Following Argument over Crack Cocaine

by Scott Grabel

On Sunday January 26, 37-year-old Amber Alexander was found dead in the driveway of her home. Alexander allegedly sustained a knife cut to the throat and head trauma after becoming involved in an argument over crack cocaine with 26-year-old Brian R. Turner of Flint. Turner is now facing charges of first-degree murder in Alexander’s death, according to news reports at Mlive.com.

Flint police Sgt. Jason Cate testified that Turner and Alexander were smoking crack cocaine in the defendant’s car when the victim accused him of stealing drugs. Turner then cut Alexander when a struggle ensued during the argument. The defendant went inside Alexander’s house where he retrieved a hammer, came back outside and allegedly struck Alexander in the face and head multiple times.

Michigan State Police received a description of Turner and troopers began to search for him; he was apprehended shortly thereafter near I-75 in the area of Corunna Road. Upon searching his vehicle, police located the victim’s purse, a hammer and knife, and what appeared to be blood.

In addition to first-degree murder, Turner is facing charges of maintaining a drug vehicle and home invasion.

First-degree murder is an extremely serious charge, leaving the accused potentially facing life in prison if convicted. Undoubtedly in this case the crime was committed in the heat of an argument; individuals who engage in drug activity or consume substantial amounts of alcohol often find themselves facing criminal charges, as circumstances often spiral out of control when illicit substances or alcohol alter someone’s state of mind and ability to reason.

January 29, 2014

Decatur Township Couple Facing Multiple Charges in Connection with Meth Lab

by Scott Grabel

A Decatur Township man and woman are facing multiple charges after Van Buren County deputies seized a meth lab from their home. The individuals names have not yet been released as the investigation is ongoing and formal charges pending.

According to a news article at Mlive.com, police discovered meth lab materials inside a residence located in the 79000 block of 39th Street in Decatur Township. The sheriff’s office narcotics unit conducted a search of the residence after contacting the residents, a 38-year-old woman and 40-year-old man. Upon searching the home, investigators claim to have found numerous components used for making and smoking methamphetamine.

Authorities received a tip claiming that methamphetamine was being made inside the residence and discovered what they believe to be a meth lab operation after acting on that tip. Once the investigation is complete the details will be sent to prosecutors for review. It is expected the man and woman will be charged with maintaining a drug house, possession of methamphetamine, and operating/maintaining a meth lab.

Charges of operating and maintaining a meth lab are serious, leaving those convicted facing life-changing penalties. In Michigan, meth is a Schedule 2 drug which means it has a high potential for addiction or abuse. Not only is meth itself a dangerous drug, the volatile ingredients used in its manufacture make for a dangerous environment and often lead to explosions.

If found guilty of manufacturing methamphetamine or crystal meth, those convicted may face criminal penalties which include fines of up to $25,000, up to 20 years in prison, driver’s license suspension, potential asset forfeiture, and more. Penalties may also be enhanced depending on other factors.

January 29, 2014

Detroit Couple Charged with Second-Degree Murder in Connection with Death of Toddler

by Scott Grabel

Recently, 23-year-old Karen Geletzke and 22-year-old Sandford McQueen were charged with second-degree murder in connection with the death of a 1-year-old toddler who was left in their care.

According to news reports at Mlive.com, the toddler’s mother had left the boy in the care of a relative and a companion. The baby had been placed in a stroller and covered with a blanket, and was situated near a space heater according to a police statement. On Thursday January 23, police were called to a residence near 7 Mile Road on Keating Street. Upon arriving, officers found the toddler had burn marks and was unresponsive; he was pronounced dead shortly thereafter at an area hospital.

Upon examination, the medical examiner determined that the toddler’s death was due to the burns he sustained; the death was declared a homicide. In addition to charges of second-degree murder, Geletzke and McQueen are also charged with second-degree child abuse and involuntary murder.

Both defendants are scheduled to be back in court on February 16, and are being held without bond.

This is certainly a tragic story. Second-degree murder while not as serious as first-degree murder may result in an individual who is convicted facing punishment as harsh as those convicted for first-degree murder, which is life in prison. Ultimately, it will be up to the jury to determine whether the defendants will face a few years behind bars, or the rest of their lives. It is also possible the defendants in this case may be offered a plea deal by prosecutors, which often results in less severe penalties if the defendant accepts the plea deal. Regardless, it is certainly sad for both the toddler’s family, and for two young people who likely made a horrible and innocent mistake that ended in tragedy.

January 29, 2014

Michigan Man Arrested on Cocaine Possession with Intent Charges in West Virginia

by Scott Grabel

On January 11, a Quitman, Michigan man was arrested in Marion County in West Virginia on charges of possession with intent to deliver a schedule II narcotic (cocaine). News reports at The Time West Virginian claim Charlie Stokes Jr. was arrested at a hotel in White Hall, a hotel he had frequented more than 20 times over a four month time period.

Authorities set up surveillance at the hotel according to the complaint, which revealed that deputies observed Stokes, a black man known in the area as Mook, meeting people both behind and inside the hotel. Stokes had brought approximately 3 ounces of crack cocaine from Mississippi to Marion County to sell, according to a confidential informant.

A search warrant was also secured for room 186 at the hotel; upon searching the room, investigators discovered cocaine hidden inside a coffee maker. The complaint stated that authorities found Stokes with three cell phones, a container of hydrocodone pills, a set of digital scales, 1.8 ounces of cocaine, a substantial amount of U.S. currency and small storage bags.

At the time of news reports, Stokes was being held at the North Central Regional Jail on $30,000 bail.

If convicted, Stokes will face up to 15 years in the state correctional facility, a fine of up to $25,000, or both.

Possession with intent is a serious criminal offense in the state of Michigan. In fact, those charged with possession with intent to sell or deliver cocaine in an amount smaller than 50 grams will potentially face up to 20 years in prison. A felony offense, law enforcement and prosecutors are vigorous in their efforts to crack down on drug offenders and put them behind bars, particularly those who possess schedule I or II narcotics and who intend to distribute or sell those drugs. Even more serious is the fact that prosecutors will often attempt to “trump up” charges, turning what would have been simple possession charges into possession with intent charges. This means if convicted, the criminal penalties will be more severe.

January 28, 2014

Traverse City Man Faces Involuntary Manslaughter, Other Charges After Allegedly Attempting Suicide

by Scott Grabel

On Monday, January 27 a Traverse City man was charged with involuntary manslaughter for the death of his girlfriend on November 19 of last year. 33-year-old Robert Caldwell claims that he was attempting suicide when he fatally shot 28-year-old Monica Anderson.

According to news reports at Mlive.com, Caldwell and Anderson shared a Traverse City apartment. Caldwell told police that he was attempting to shoot himself as he stood on a stairwell in the building, and that as he shot the gun he flinched which caused the bullet to travel in the direction of where Anderson was. After performing an in-depth investigation into the incident, law enforcement officials believe the shooting of Anderson was an accident according to Prosecutor Bob Cooney, who said the defendant had been cooperative since he was arrested. Caldwell dialed 911 on the evening of November 19 to report his suicide attempt and the fact that the bullet accidentally struck his girlfriend.

Caldwell is also charged with felony firearm, resisting and obstructing police, and discharge of a firearm while under the influence. He is scheduled to be arraigned January 28.

In the state of Michigan all homicide charges should be taken seriously; harsh penalties await those who are convicted. While first-degree murder is the most serious homicide charge, involuntary manslaughter occurs when another person is killed without intent. Even though the death may have been an unintended accident, the criminal penalties are severe and according to Michigan Penal Code 750.321 include a fine of up to $7,500, up to 15 years in prison, or both.