Michigan Criminal Lawyers Blog

January 22, 2014

Flint Man Accused in Shootout at South-Side Home Facing Federal Gun and Drug Charges

A 45-year-old Flint man whose name has not yet been released pending his arraignment hearing has been arrested on federal drug and gun charges in connection with a shootout at his south-side Flint home, according to news reports at Mlive.com. The suspect, who is a convicted sex offender, is accused of being a felon in possession of a firearm and intending to distribute heroin.

On January 15, Flint police were dispatched to the suspect’s home after receiving a report of shots fired. In the meantime, the man was under investigation by the ATF (Bureau of Alcohol, Tobacco, Firearms and Explosives) which had obtained a federal warrant to search his home. Police were called to the scene before the home could be searched by federal agents.

Upon arriving at the scene, police were told by the suspect that a woman had phoned him requesting to borrow money. When she arrived at his house, three men entered when he opened the door. He maintained that himself and the three men fired guns inside and around the residence, which authorities supported upon investigating due to evidence of more than one caliber of firearm.

An affidavit filed by an ATF agent stated that the home was searched by federal agents after being processed by Flint police evidence technicians. The search of the home allegedly revealed a .45 caliber handgun which had been reported stolen out of Burton, and approximately 68 grams of heroin that was separately packaged into various amounts.

The suspect had been convicted on two counts of first-degree criminal sexual conduct in 1990, and is a registered sex offender who is required to register for life. He is scheduled for a detention hearing on January 22 and remained in custody.

Charges of possession of heroin with intent to deliver are extremely serious in Michigan. Heroin is a Schedule 1 drug, which means it is one of the most dangerous and addictive of all narcotic drugs and substances. Individuals who are convicted of possession with intent to deliver will face severe criminal penalties which include 20 years to life in prison and astronomical fines of between $25,000 and $1 million dollars. The specific criminal penalties an individual may face depend on a number of factors including the type/amount of drug involved.

January 21, 2014

Oakland County Man Whose Conviction for Sexual Assault was Thrown Out by State Supreme Court Sues Defense Attorney

by Scott Grabel

Jackob Trakhtenberg, a Russian man who entered the U.S. in 1974 and is now an Oakland County resident, is suing his defense attorney after the Michigan Supreme Court threw out Trakhtenberg’s 2006 sexual assault conviction based on the lawyer’s poor performance. Trakhtenberg, who is now 76 years old, served seven years in prison according to a news article at Mlive.com.

Trakhtenberg was the only defense witness in a trial which lasted only 53 minutes; he maintains that Deborah McKelvy, his defense attorney at trial, did not make an opening statement or request a jury. He is suing her for malpractice. Trakhtenberg’s attorney in the malpractice suit, James Elliott, said that the trial and the result was a “horrific miscarriage of justice” and that McKelvy took seven years of Trakhtenberg’s life.

Jackob Trakhtenberg was released from prison in 2012 following a 4-2 decision by the state Supreme Court, which noted that McKelvy did not deny that she chose not to secure additional evidence or consult witnesses in an effort to help her client. The court ultimately said that McKelvy’s performance in the sexual assault case was constitutionally inadequate.

Trakhtenberg was sued on behalf of the alleged victim following his 2006 conviction; he ultimately won the civil trial when new evidence emerged that may have helped him avoid a conviction in the criminal case, had that evidence been available at the time.

Michael Sullivan, McKelvy’s attorney in the malpractice suit, maintains that his client is an excellent criminal defense lawyer, and that her strategy at Trakhtenberg’s criminal trial was sound.

Individuals who are wrongly convicted of a criminal offense such as sexual assault may choose to file an appeal of their conviction. While many appeals are taken before the Michigan Court of Appeals, those involving attorney or judicial misconduct often are heard by the Michigan Supreme Court.

January 21, 2014

Former Owner of Medical Marijuana Dispensary Pleads Guilty to Drug Charges

by Scott Grabel

43-year-old Samer Hamed, former owner of medical marijuana dispensary Purple Med, recently pleaded guilty to delivery and manufacture of marijuana. Hamed was arrested after police learned he had sold marijuana at the business to a purchaser with a valid Michigan Medical Marijuana Act registration card. He was initially charged with the possession, manufacture, and distribution of marijuana along with maintaining a drug house.

Prosecutors maintain that a ruling made by the Michigan Court of Appeals in November made the sale illegal. The court ruled that those providing marijuana for medical use must verify that purchasers have a “bona fide” relationship with a qualified physician. Hamed allegedly did not verify this with the customer, who had located Purple Med on the Internet and was from out of town.

Hamed’s alleged partner in the business, Rick Hammad, was also charged however he was shot and killed in September, just a week before he was due in court on the charges.

Hamed is hoping he will be spared punishment by the State Supreme Court. He is scheduled for sentencing on November 18 before Kent County Circuit Court Judge George Buth, but hopes the Supreme Court will overturn the Appeals Court’s decision before then. If so, he could withdraw his plea and avoid facing up to four years in prison.

Michigan drug crimes attorneys know the “rules” regarding medical marijuana can be confusing or even misinterpreted, leaving those who are legally allowed to possess or sell marijuana to patients at risk of facing criminal charges.

January 20, 2014

Semi-Truck Driver Has Deadlines to Meet, Arrested for Reckless Driving

by Scott Grabel

On the afternoon of Saturday January 18, a man driving a semi-truck was arrested in Van Buren County for driving recklessly after several motorists called in to report his erratic driving behavior, according to a news article at Mlive.com. The man, whose name was not released, told police that he did not stop although he was exhausted because he had deadlines to meet. He admitted that his tiredness was affecting his driving.

15 separate 911 calls were received by Kalamazoo County Central Dispatch regarding the truck driver’s erratic driving according to the Van Buren County Sheriff’s Office. The man was driving in the area of the Galesburg Exit on I-94 in a westbound direction and upon reaching Van Buren County, prompted additional calls to the Central Dispatch Authority of Van Buren County. The driver of the semi-truck was pulled over by an officer at approximately 3 p.m. after the officer witnessed the man’s erratic driving; he was arrested for reckless driving.

The deputy viewed a four-minute long video which was captured by the passenger of a vehicle the semi-truck nearly struck according to police; the video revealed even more erratic driving behavior. The driver of the semi-truck was taken to jail, and his truck removed from the roadway.

Reckless driving is a misdemeanor criminal offense in the state of Michigan. The penalties for a conviction are harsh, and may include a fine of up to $500, up to 93 days in jail, points assigned to your driving record, and a 90 day hard suspension of your driver’s license, followed by a period of restricted driving.

Michigan drivers license reinstatement attorneys understand the hardship losing your driving privilege creates. In today’s society, it is virtually impossible to live normally when you cannot drive, and extremely inconvenient. However, there are situations in which a charge of reckless driving may be reduced to a civil infraction, thereby reducing penalties. It is important that those charged with reckless driving do not go to court and plead guilty without first consulting a lawyer.

January 17, 2014

Police Release Dash Cam Video of October Incident Involving Driver in Possession of Heroin

by Scott Grabel

In October of 2012, 29-year-old Kurt Allen Smith was arrested after repeatedly trying to run a female Kalamazoo public safety officer off the road, according to news articles at Mlive.com. Following the incident officers found what they believed to be heroin along with components for manufacturing meth. Police also suspected Smith was under the influence of drugs. Now, police have released a dash cam video which captured the incident.

It all began when Public Safety Officer Laurel Palk was patrolling in the area of S. Park Street in Kalamazoo. As she traveled northbound, another vehicle began tailgating her patrol car. Palk claimed that she could not see the vehicle’s headlights in her rearview mirror. As the incident continued, Smith’s vehicle accelerated rapidly after swerving to the left, then swerving right. Palk said she had to brake hard to avoid a collision. The suspect made several attempts to run Palk off the road when other officers arrived to help.

The dash cam video captured Smith attempting to strike Palk’s car and run her off the road. After a few minutes, Palk parks her vehicle and waits for additional officers to arrive. When they do, Smith resists arrest; officers have to pull him from his vehicle and hold him to the ground.

At the time of the incident, authorities were seeking charges against Smith which included possession of heroin, possession of meth-making components, operating while under the influence of drugs, resisting and obstructing an officer, and felonious assault with a motor vehicle.

In Michigan, heroin is a Schedule 1 illegal drug which means it is one of the most addictive and dangerous, leaving those convicted of possession facing severe criminal penalties. In fact, possession of less than 50 grams of heroin may result in fines of up to $25,000 and up to four years in jail. Considering all of the criminal charges against the defendant in this case, it is likely he will face serious consequences if convicted; he is scheduled to go on trial January 28.

January 17, 2014

Flint Man Found Guilty of Second-Degree Murder in 2012 Death of Live-in Girlfriend

by Scott Grabel

On Thursday January 16, 41-year-old Jacob Morales Perez was found guilty of strangling Angela Vance, his live-in girlfriend, in August of 2012. Perez was convicted of second-degree murder for the strangulation death.

According to news reports at Mlive.com, the two were fighting at their Flint home on Minnesota Avenue when Vance knocked of Perez’s glasses while slapping him in the face. A Genesee County Prosecutor’s office news release claims that after being slapped, Perez lunged at his girlfriend and proceeded to strangle her to death.

Perez allegedly went outside of the home following the incident, where he called his brother after drinking a couple of beers. Perez’s sister and boyfriend went to the home after she was given the news by the brother; she called 911 after finding Vance dead in the home.

Perez fully cooperated with police according to his defense lawyer, and told them all that had happened, saying that the day had started out good, and ultimately ended in five minutes of hell. Perez simply became enraged when Vance slapped him. Perez’s defense attorney attempted to argue that his client should be charged with manslaughter, a lesser offense, because he was in a state of anger triggered by the emotional excitement of being slapped when he strangled the victim.

Genesee County Prosecutor David Leyton even agreed that it was a tragic case, but said for Angela to receive justice, Perez had to be held accountable for his lethal actions.

Perez is scheduled to be sentenced on February 18, and faces up to life in prison.

In Michigan, second-degree murder encompasses homicide offenses which are not premeditated or committed in the perpetration of a crime such as robbery, home invasion, kidnapping, arson, or carjacking. How many years Perez will spend behind bars is ultimately up to the jurors who may choose to have him imprisoned for life, or any number of years.

January 17, 2014

Grand Rapids Woman Rejects Manslaughter Plea Bargain, Will Go to Trial for Open Murder

by Scott Grabel

43-year-old Ynes Danyelle Lee of Grand Rapids is charged with open murder in the killing of her husband, Bertram Nathaniel Lee, in August of last year. On Wednesday, Lee rejected an offer by prosecutors to plead guilty to manslaughter or second-degree murder, according to news reports at Mlive.com. If convicted, Lee will potentially face life in prison.

On August 17, Lee allegedly stabbed her 52-year-old husband with a steak knife at the couples’ apartment. He died just over a week later at Mercy Saint Mary’s Health Care from his injuries.

The couple had been married for 13 years; during that time, Bertram Lee had been convicted of domestic violence on at least three occasions. The defendant filed for divorce in 2011, but it was never finalized. Bertram Lee pleaded guilty to attempted domestic violence in April of 2011 and was placed on probation for two years. Lee swore out a personal protection order in May of 2011 against her husband, saying that he had been violent with her on and off over a 12-year period.

Had Lee accepted the prosecutor’s plea agreement and pleaded guilty to manslaughter as a two-time felony offender, she would have faced six to 22 1/2 years in prison. A guilty plea to second-degree murder would have left her facing any number of years to life in prison.

Michigan criminal defense attorneys understand that in some cases a defendant feels justified in his or her actions, and chooses not to plead guilty to a crime that individual feels he or she is innocent of. Perhaps Lee was acting in self defense, in fear of her own life. A guilty plea would have left her under a cloud of suspicion for the remainder of her life.

Choosing to go to trial on charges of open murder is tough; hopefully if Lee was acting in self-defense and protecting her own life, she will have an effective criminal defense lawyer in her corner who will win at trial.

January 16, 2014

Saginaw Township Man to Apply to Drug Court, May Avoid Prison After Robbing Woman of Prescription Pills

by Scott Grabel

26-year-old Chad Neiderquill requested to withdraw his guilty plea to armed robbery in connection with a September 2013 incident in which he allegedly robbed a Saginaw woman of prescription medication using a screwdriver. On December 23, Saginaw County Circuit Judge James T. Borchard approved the defendant’s request. Borchard agreed on the condition that Neiderquill apply for inclusion in Saginaw County’s Drug Court, according to news reports at Mlive.com.

Neiderquill was scheduled to be sentenced by Judge Borchard on January 9, however that was adjourned when the defendant withdrew his plea.

On September 4, Lillian George was putting groceries away when Neiderquill, whom 60-year-old George knew, offered to help her carry in the groceries. When all of the packages had been carried inside, Neiderquill demanded George give him her prescription medicines, including oxycodone. When she would not comply with his demands, he allegedly pulled out a screwdriver and held it over George’s head.

Neiderquill may be able to avoid prison time if accepted into Drug Court. Drug Courts require that the individual enter into a multi-year rehabilitation program in which those accepted receive services from multiple county agencies and intense supervision. He may also remain jailed for the duration of the program.

The maximum penalty in Michigan for armed robbery is life in prison. If accepted into Drug Court, Neiderquill may be able to avoid spending a substantial number of years or even life behind bars. Drug Courts are designed to help those who participate in criminal activity which results from an addiction to drugs, and focus on both punishment and rehabilitation.

January 16, 2014

Court of Appeals Upholds Life Sentence of Lansing Man Convicted of Double-Murder Involving MSU Student

by Scott Grabel

In January of 2012, Benjamin French was sentenced to life in prison for allegedly killing an MSU student and his roommate in the course of an armed robbery involving drugs. The double murder occurred on March 25 of 2010; the victims were Owen Goodenow and Darren Brown Jr.

French, who is now 25 years old, appealed his conviction. Recently, a three-judge panel upheld the convictions for armed robbery and murder, according to a news article at The Lansing State Journal. Another man, David Marion Jr., is serving 40 to 60 years after pleading guilty to two counts of second-degree murder in the case.

Testimony in court indicated that Brown and Goodenow sold marijuana. According to detectives, French and Marion planned to set up a drug buy from Goodenow. They would get him to open his safe, then shoot him. Brown, who was 18 years old, came home unexpectedly early after attending class at MSU. Both of the victims were shot in the head.

In appealing his conviction, French argued that police did not have a warrant when they listened in on a telephone conversation between himself and Marion, and that this was illegal. He also argued that the calls should not have been allowed at trial, because they originated in Illinois, a state where all parties involved must agree before phone conversations may be recorded.

Marion had signed an FBI consent form prior to the phone calls with French, and agreed to investigators recording the calls. The appeals court found that when one party consents to the monitoring and recording of telephone conversations, a warrant is not needed. His request to have his conviction overturned was denied.
Appealing a criminal conviction or sentence is a process which requires the skill and ability of an experienced Michigan criminal appeals attorney. It is not often the appeals court overturns a conviction or sends a case back to court for resentencing. To have the best possible chance of success, the quality of lawyer you choose is paramount.

January 16, 2014

Couple Found with Marijuana, Handgun While Walking in Road Following Reports of Domestic Dispute

by Scott Grabel

Two South Haven individuals were recently arrested on multiple charges including carrying an unregistered handgun and possession of marijuana, according to news reports at Mlive.com. The couple, a 38-year-old man and 36-year-old woman, were walking in Geneva Township when they were stopped by Van Buren County sheriff’s deputies.

Deputies reportedly were responding to reports of a domestic dispute between the two, who were found walking in the roadway at about 2:30 on Saturday afternoon in the 66000 block of 8th Avenue. When deputies questioned the couple, both denied that a domestic assault had occurred. Deputies also said they did not find any physical evidence that an assault had taken place, however the woman did have marijuana in her possession. The man was in possession of a .22 caliber handgun which was tucked inside his waistband in a holster.

Investigators stated that the man admitted to firing a shot at his home before leaving, but said that he was taking the handgun to show to a friend. Further investigation revealed the man has an extensive criminal history and is a known felon.

Both individuals’ names were being withheld pending their arraignments. The man was charged with carrying a concealed weapon violation, possession of an unregistered handgun, and felon in possession of a firearm. The woman was charged with marijuana possession, according to police.

Marijuana possession is a serious drug offense in Michigan. In most cases, a first-time offender will face misdemeanor charges, and if convicted be subject to a maximum of one year in jail and fines of up to $2,000. However, there are many factors which may impact the criminal penalties an individual faces when charged with marijuana possession. For example, if it is determined that you are growing marijuana or are in possession of plants, you may face felony charges which will result in harsher penalties. Criminal penalties may also be enhanced if an individual is found to be in possession of marijuana in close proximity to a park, school, or church. Michigan Penal Code 333.7401 dictates that those convicted of cultivating marijuana will face fines of as much as $20,000 along with up to four years in prison.