Michigan Criminal Lawyers Blog

January 13, 2014

Ypsilanti Woman Pulled Over at Steak ‘n Shake, Charged with Super Drunk Driving

Just after midnight New Year’s eve, a 27-year-old Ypsilanti woman was pulled over in Pittsfield Township in the parking lot of a Steak ‘n Shake after police were called to the restaurant by employees who said she was acting “disorderly,” according to a news article at Mlive.com. The woman had ordered food at the drive-thru window and left before police arrived, according to Pittsfield Police Department Sgt. Hank Fusik.

Fusik said that the woman returned to the restaurant approximately 20 minutes later and again went through the drive-thru. An officer showed up at the scene and approached the woman’s vehicle. The officer claims that her vehicle was running, and that there was an open bottle of liquor in her lap.

According to Fusik, chemical tests revealed that the woman was driving with a BAC (blood alcohol content) of .17 percent, more than twice the legal limit of .08 percent in Michigan. This is known as “super drunk,” or a high BAC offense which leaves the defendant facing harsher penalties. The woman failed both chemical and field sobriety tests, according to the article. She was taken to the Washtenaw County Jail following her arrest.

In Michigan, a charge of “super drunk” leaves the defendant facing penalties which are often double those of what an individual charged with DUI and having a BAC of .08 would face if found guilty. For example, a regular DUI charge would leave a first-time offender facing a 30 day suspension of his or her driver’s license followed by 150 days of restriction. With a super drunk conviction, this time increases to one year, with restricted driving a possibility after 45 days, although the driver will be required to use an IID (ignition interlock device) in any vehicle he or she attempts to operate.

January 10, 2014

Dearborn Man Stopped for Driving on Flat Tire, Arrested for Driving with Stolen Plate on Suspended License

by Scott Grabel

Recently, a man was pulled over by Dearborn police after it was noticed he was driving on a flat tire. Upon stopping the driver of the 1998 Dodge Ram, it was discovered he was driving a vehicle with stolen license plates, and that his driver’s license was suspended.

The incident took place on the afternoon of December 17, when an officer pulled the driver over in an area close to Fairlane Mall at Town Center Drive and Northwood. After running a check of the license plate with the Law Enforcement Information Network, it was determined the plate was stolen, and belonged to a Ford pickup truck. The driver later admitted that the license plate had been stolen from a neighbor’s vehicle because his son wanted to drive the truck. The man’s son was not present when police pulled the driver over. He also admitted his driver’s license had been suspended after initially telling the officer he did not have his license with him.

The driver was arrested for possessing stolen property and driving on a suspended license; the truck was impounded.

Michigan driver’s license reinstatement attorneys know that driving on a suspended license is not uncommon. Many individuals whose licenses have been suspended take chances, believing they won’t get caught. Many do not get caught, however it is a huge risk to take considering the possible consequences.

Driving is a necessity in today’s society. Not having the privilege to drive creates a substantial hardship; most of us take our right to drive for granted, jumping in the car any time we need to run to the store, pick the kids up from school, sports practice, or a friend’s house, or simply to go for a weekend drive. When your license is suspended, you do not have this privilege. The thought that you can drive to your destination without getting caught is indeed enticing.

What happens if you are caught driving on a suspended license? If it is your first offense, you could face up to 93 days in jail along with a $500 fine and driver responsibility fees for two consecutive years. A second offense will leave you facing up to one year in jail, fines of up to $1,000, vehicle immobilization, and driver responsibility fees. Along with any criminal penalties, additional license sanctions may be imposed; essentially, your license could be suspended for double the original length of time, or even permanently revoked.

January 10, 2014

Meth Bust in School Zone Near Three Rivers Results in 3 Arrests

by Scott Grabel

On Thursday January 9, three individuals were arrested after authorities found evidence of methamphetamine production at a home near Three Rivers High School, according to news reports at Mlive.com.

Officers with SCAN (St. Joseph County Area Narcotics) received a tip regarding the use of methamphetamine at the residence, located in the 400 block of 4th Avenue in Three Rivers. Upon executing a search warrant, officers discovered evidence that meth had been used and produced on the property.

Three individuals who were at the home were arrested; their names have not been released pending arraignment. The suspects include a 30-year-old woman and two men who are 53 and 63 years old. All are said to be residents of Three Rivers. The three face charges of possession of methamphetamine, possession of marijuana, maintaining a drug house, and operating/maintaining a meth lab within a school zone.

In Michigan, methamphetamine is a Schedule 2 illicit narcotic. This essentially means it is a highly addictive and abused substance. Those convicted of a meth offense will face serious and life-changing penalties. When a drug offense occurs within close proximity of a school as in this case, penalties may be enhanced.

Possession of methamphetamine will leave those convicted facing penalties which include fines of up to $15,000 and a maximum of 10 years in prison. However, when an individual is convicted of meth possession with intent to deliver/distribute, the criminal penalties increase substantially and include fines of up to $25,000 along with up to 20 years in prison. The maximum penalties for meth manufacture are the same, however those with children may lose their parental rights, face asset forfeiture, and more.

January 9, 2014

Heroin Bust Leads to Arrest of Nine People

by Scott Grabel

Recently, nine individuals were arrested for their roles in distributing heroin in the Wisconsin/Michigan areas of Green Bay, Marinette, and Menominee, according to a news article at The Daily News. Multiple agencies were involved in the investigation and arrest of those nine individuals, including the DEA, Marinette Police Department, Menominee County Michigan Sheriff’s Department, and Wisconsin Department of Justice Division of Criminal Investigation. One man believed to be the “leader” of the drug ring, Brian L. King, is from Chicago. The Chicago and Milwaukee High Intensity Drug Trafficking Area programs also assisted in the investigation.

Charging documents allege that King was responsible for distributing the heroin, while the other eight involved conspired to distribute the drug. In all, more than 500 grams of heroin was distributed in the areas of Green Bay and Marinette, Wisconsin and Menominee, Michigan. U.S. Attorney James L. Santelle of the Eastern District of Wisconsin said those eight people accused of conspiring to purchase, distribute, fund, transport, and sell large amounts of heroin in Menominee and the northeast Wisconsin area.

Each defendant faces serious penalties if convicted of the heroin charges, including fines of up to $5 million and 5 to 40 years in prison. The defendants range in age from 23 to 55, and have been charged at the federal level for trafficking the heroin across state borders.

Michigan drug crime attorneys understand the serious consequences of being charged at the federal level. Criminal penalties are typically more severe for those convicted. While an individual may possess heroin and be charged at the state level, selling or distributing illegal drugs or narcotics across multiple states is considered far more serious and results in extremely harsh punishment. In Michigan, an individual convicted of heroin possession with intent to deliver/distribute would face penalties which include fines of up to $500,000 and up to 30 years in prison if charged at the state level for an offense involving 500 grams.

January 9, 2014

Correction Intake Officer’s Larceny Conviction Upheld by Appeals Court

by Scott Grabel

On December 17, the Michigan Court of Appeals upheld the conviction of Rodell Brown, an intake corrections officer at the Ryan Correctional Facility convicted of larceny in a building in connection money taken from detainees at the facility. Brown was responsible for processing parole detainees, and allegedly stole four inmates’ cash when processing their money and property. When the four inmates were transferred to other facilities, they claim to have received their physical property, but not the cash they had turned over to Brown.

In this case, the business office staff at the Ryan Correctional Facility maintained they had not received cash, and that Brown had not signed receipts for the money given to him by the four inmates. Brown’s supervisor questioned him as to why he had not signed the receipts, and Brown said he was paranoid about signing the receipts due to the fact that he was a “correction officer,” and the signature line on receipts stated “receiving clerk.” Brown also claimed to have placed the money received from the first two detainees in the safe. He was ultimately found guilty of four counts of larceny in a building.

Brown appealed his conviction, arguing on the grounds of insufficient evidence. The defendant also contended that he could not be guilty of larceny in a building because the parolees surrendered their funds voluntarily during the intake procedure. He argued that he may have committed extortion or embezzlement instead.

The defendant also argued that he should not have been charged with larceny in a building, saying that the proper route for the victims to have taken would have been to bring a civil suit against the Michigan Department of Corrections.

Ultimately, the Court of Appeals shot down all of Brown’s arguments, affirming his conviction.

January 8, 2014

Major Heroin Bust in Huntington Leads to Arrest of Three Michigan Men

by Scott Grabel

Three Michigan men were arrested on New Year’s eve in Huntington, W. Virginia following what is being called a “major” heroin bust.

On Tuesday December 31, Huntington police were alerted by several people regarding possible drug activity at an apartment complex. Police then executed a search warrant and upon investigating the apartment found scales, packaging materials, nearly $12,000 in cash, and heroin valued at approximately $80,000, according to a news report at News Channel 3.

The police department’s Special Emphasis Unit had been conducting an extensive drug investigation, and were assisted by West Virginia State Police. Suspicious activity around the apartment complex had been noticed by other residents, as well as city workers and shift patrol officers.

Those arrested inside the apartment include Denzell LaMar Bunkley of Detroit, LaMarr Shawn Harris of Brownstown, and Steven Edward Lewis of Detroit. All three of the Michigan men were charged with possession with intent to distribute heroin. Authorities were also on the lookout for a fourth man involved in the case, Brandon Keaton of Huntington.

In the state of Michigan, heroin possession with intent to deliver or distribute is a very serious charge. Classified as a Schedule 1 illegal narcotic, individuals who are convicted of this criminal offense face extremely harsh punishment. Schedule 1 drugs are those that serve no medical purpose and are considered highly addictive. The penalties for possessing heroin are serious enough, and include four or more years in jail along with fines of $25,000 or more. However, when an individual is convicted of heroin possession with intent to deliver, he or she will face substantial prison time and fines depending on the amount of heroin involved. When more than 1 kg is involved, penalties include up to life in prison and fines of as much as $1 million dollars.

January 8, 2014

Grand Rapids Township Man Faces Up to 25 Years for ‘Dumb’ Gas Station, Convenience Store Robbery

by Scott Grabel

Reid Cook Hanson, a 36-year-old Grand Rapids Township man, was recently sentenced to four to 25 years in prison for robbing a Circle K gas station and convenience store located at 514 Michigan St. NE. Reid admitted to robbing the station on September 26, saying it was “the dumbest thing I’ve ever done in my life.” Reid was intoxicated at the time.

News articles at Mlive.com say Hanson’s decision to rob the Circle K was spur-of-the-moment. He also insinuated the presence of a gun using his hand inside a pocket of his jacket while demanding money from a clerk. Employees were aware Hanson was intoxicated, but were not sure whether he was joking. Hanson’s defense lawyer said that store employees complied with his client’s demands for safety’s sake.

Hanson was apprehended the following day after fleeing the convenience store with an undisclosed amount of cash. At the sentencing hearing on January 6, Hanson’s attorney told Judge James Robert Redford “This was one of the dumber robberies I’ve ever seen.”

Hanson pleaded guilty to assault with intent to rob while armed. He apologized for his actions, telling the court that he occasionally has issues with substances.

Assault with intent to rob while armed is a felony offense in Michigan, punishable by any number of years up to life in prison. As the defendant admitted himself, this was a “dumb” mistake likely made due to the fact that he was intoxicated. Now he will spend at a minimum four years of his life behind bars, possibly 25.

January 7, 2014

Indiana Man Facing Federal Charges in Michigan and Indiana Bank Robberies

by Scott Grabel

A South Bend, Indiana man is facing federal charges in connection with several bank robberies which have taken place in Indiana and Michigan, according to news reports at Mlive.com. 59-year-old Dennis Carl Love was recently arraigned on two counts of felony firearm, one count of carrying a concealed weapon, and two counts of attempted bank robbery. Love was arrested December 27 after police received assistance regarding the suspect from an Allegan County bank teller.

According to federal investigators, Love was observed on December 27 putting on clothes and a “costume mask” by bank officials, who locked the doors and notified police. The bank teller provided police with information which led to the arrest of Love, including a vehicle description and plate number. Upon locating the vehicle, a Plainwell Public Safety officer pulled Love over, discovering a concealed handgun in the process.

Court documents filed in Grand Rapids U.S. District Court state that Love is facing federal charges. Love confessed to a bank robbery in Indiana, one in Berrien County, and an attempted bank robbery in Indiana according to FBI Special Agent Paul Woodberry. A complaint filed in federal court states that the defendant made off with over $6,000 in the robbery of the Honor Credit Union in Berrien Springs in September of last year. Love is also accused of robbing the Farmers State Bank in Leesburg, Indiana in July of last year.

The PNC bank in Martin is where employees became suspicious and locked the door before alerting police, leading to Love’s arrest.

Robbing a bank is a federal crime, which means those accused will face harsh penalties if convicted. While no mention was made regarding whether Love insinuated the presence of a weapon, armed robbery is an even more serious crime, leaving those convicted potentially facing life in prison.

January 7, 2014

Appellate Rights in Michigan

by Scott Grabel

Many people are not aware that if they are convicted of a misdemeanor or felony offense, they have the right to appeal their conviction. A conviction is not “the end of the road.” However, it’s also important to note that winning an appeal is not easy, and in fact rare without the guidance of a highly skilled Michigan criminal appeals attorney.

First of all, an appeal is not a “second trial.” Appeals court judges will not review the evidence in an effort to determine whether the jury or judge was right or wrong. An appeal is a process in which a panel of judges determine whether legal errors were made, evidence prohibited should have been allowed at trial, the jury was not properly instructed, or other “errors of law” were made.

There are two types of appellate rights, an automatic right to appeal, and leave to appeal. What is the difference?

Those who have not pleaded guilty or no contest to a crime but who have gone through trial and been found guilty have an automatic right to appeal. Essentially, the Michigan Court of Appeals must consider your arguments, whether improper evidence was admitted, a judge erred in instructing the jury, or due to ineffective counsel, etc.

Those who pleaded guilty to a crime may request a leave to appeal. With a leave to appeal, the court is not required to hear your case. A leave to appeal may be requested when you feel a legal error was made. Unlike with a trial in which a defendant was convicted by a jury or judge, the appeals court does not have to consider your claim.

A unique type of appellate motion is a 6.500 motion, which may be filed only one time and is a motion which allows a defendant to challenge a conviction based on reasons such as newly discovered evidence, ineffective assistance of counsel, or other arguments which have not already been used in an appeal. Because a 6.500 motion can only be filed once, it is critical to have a lawyer who is familiar with the process and understands the importance of a well researched and written brief, and the arguments which will or will not be effective before a panel of judges.

January 6, 2014

Midland Double Shooting Leaves One Dead, One Injured

by Scott Grabel

Recently, a shooting at a Midland apartment complex left one person injured and another dead. Police responded to a call on January 3 at the Joseph’s Run Apartments on Village Circle to find a 31-year-old woman dead; she had apparently been shot, according to news reports at Mlive.com. Officers also found a 36-year-old man who was injured; he was transported to an area hospital with what police called life-threatening injuries.

Just after 8 p.m. on Friday, a statement was issued by the Midland Police Department regarding the incident, which they believe may have been a murder-suicide attempt. The statement made by the department is as follows:

“Michigan State Police Crime Lab and the Midland Police Department have concluded the processing of the scene at Joseph Run Apartment Complex. A handgun registered to the male involved in the shooting was recovered and is believed to be the weapon involved. All indications point to this incident being a murder-suicide attempt. The male subject with life-threatening injuries remains in the care of the Mid Michigan Medical Center. Identification of the involved subjects is not being released at this time, as further attempts to contact family members are ongoing.”

While the injured man in this case apparently suffered serious injuries, it is possible he could be charged with murder if he recovers. Depending on whether an individual is charged with first- or second-degree murder, criminal penalties are harsh. The maximum sentence for first-degree murder is life in prison. An individual convicted of second-degree murder may face any number of years up to life behind bars.