Michigan Criminal Lawyers Blog

January 3, 2014

My Absolute Favorite Lawyer Blogs of All Time

As a lawyer, it’s my job to stay up on the latest changes in the law and on important legal news. Luckily, a number of lawyer blogs make my job a bit easier and even more fun. My favorite blogs are full of useful information for both lawyers and laypeople alike. The posts are great to read and entertaining, too. If you’re looking for the best lawyer blog on the web, read on and check out a few of my faves.

Above the Law

One of my favorite blogs, Above the Law gives you a peek behind the scenes of the legal world. The blog covers it all, from issues that concern the big players in the field of law, to concerns of law students and the owners of smaller firms. Along with regularly updated, informative posts, Above the Law also offers a job board and a career guide for lawyers at each stage in their career. Another great feature of the site is its law school rankings.

January 3, 2014

Charged with OWI in Michigan Over the Holidays? An Attorney Can Help You Get it Back

by Scott Grabel

The New Year’s holiday has just passed, and no doubt many Michigan residents were charged with OWI after partying the New Year’s Eve night away. Having your driver’s license suspended is not a good way to start the new year, however if you were one of the misfortunate ones who now find yourself without driving privileges, there is help. The first step is to contact a highly experienced Michigan driver’s license reinstatement attorney.

If it is your first OWI offense, your license was likely suspended for 30 days, which will be followed by restricted driving for 150 days. However, if your BAC (blood alcohol content) was .17 or more, this is considered Super Drunk in Michigan, and often results in a one year suspension. By consulting with a skilled lawyer, it may be possible for you to obtain a restricted license, which is a license that allows you to drive to and from work, school, or for other “necessary” purposes.

If you were charged with OWI and have been convicted of Operating While Intoxicated in the past 7 years, the sanctions on your license are even more worrisome. Your driver’s license was likely revoked, which is more serious than a suspension. Unlike a suspension in which a driver typically gets his license back following the suspension period, a revoked license requires going before the DLAD/DAAD (Driver License Appeal Division). Even then, there is no guaranteed your driver’s license will be reinstated, as the process is complex and the burden of proof that you are no longer drinking alcohol and are not a risk for drinking alcohol in the future tough.

January 3, 2014

The Truth About Winning an Appeal of a Criminal Conviction – and Why a Highly Capable Attorney is Essential

by Scott Grabel

Winning an appeal from a criminal conviction is a rarity; in fact, reversal rates (meaning the court of appeals reverses a conviction) fall between approximately 5% and 15% of all criminal appeals across the nation, according to studies that have been conducted in some of the largest U.S. cities. Does this mean you hardly stand a chance if you have been convicted of a crime in Michigan, and appeal your conviction? It all depends on the skill and experience of your Michigan criminal appeals attorney.

Unfortunately, there are many people who remain behind bars today simply because their defense attorney was not effective, or did not properly advocate on behalf of the client. There have been countless defendants who have appealed their conviction, only to have the Michigan Court of Appeals uphold it. Essentially, this means the defendant goes back to prison and finishes serving out his or her term, even if it means life behind bars. What may have prevented this?

A criminal defense lawyer who is thoroughly involved and attentive to the client’s case. There is more to it than having charges dismissed, or winning at trial. For instance, may a defendant have faced greatly reduced penalties had he or she negotiated a plea bargain with prosecutors? Possibly. In many cases, defendants are poorly educated or may not even be able to read well. When handed copies of court documents, the defendant still has no clue what is going on. This is why it is critical defendants have a good criminal defense attorney, one who is dedicated to informing the client throughout every stage and who will advocate for an agreeable plea bargain when the situation warrants it.

The fact of the matter is that defendants deserve an attorney who will enlighten them regarding every option, because it is the defendant’s future and freedom which is at stake. All too often, a defendant goes to trial never aware that there may be a plea agreement which would substantially reduce penalties. The defendant ends up being found guilty, sentenced to decades or even life in prison. At this point, if a defendant decides to appeal the conviction, he or she had better have a thoroughly experienced and qualified Michigan criminal appeals lawyer given the odds of winning mentioned above.

January 2, 2014

Probable Cause Hearing Finds Sufficient Evidence to Proceed with Open Murder Charges in Stabbing Death of Superior Township Woman

by Scott Grabel

On Friday December 27, Stanley Harrison attended a probable cause hearing in which it was to be determined whether there was sufficient evidence to proceed to trial in the stabbing death of Harrison’s 23-year-old girlfriend, Shandar Turner. Judge Richard Conlin found there was sufficient evidence to proceed forward; Harrison is charged with open murder in the September stabbing death of Turner, who had two young children according to news reports at Heritage.com.

Washtenaw County Assistant Prosecutor Blake Hatlem said in his summary statement to Judge Conlin at the closing of the preliminary exam that one of the victim’s children stated that “Stan cut mommy with a knife.” A Michigan State Police forensic specialist also testified that a bloody shoe print at the scene where Turner was murdered matched bloody shoes taken from the defendant following his September 27 arrest. Harrison’s attorney, Walter White, alleged that the forensic specialist could not conclusively state the two were a match because she was not sufficiently experienced or certified to make such an assumption.

Detective Thomas Sinks testified that the crime scene was horrific, with substantial amounts of blood in the kitchen, bathroom, and on the back door of the victim’s home. Turner had 11 stab wounds to her neck, torso, arms, and scalp according to Jeffrey Jentzen, Washtenaw County Chief Medical Examiner. Jentzen testified that the victim also suffered a puncture to her left lung and one to her spleen which in his opinion were fatal wounds.

Harrison alleges that he and Turner were romantically involved, and that they became engaged in a domestic dispute in which he ultimately felt threatened by Turner after he rebuffed her romantic advances, which included her cutting his boxer shorts off with scissors. He further stated that both accused the other of infidelity, and that the fight escalated.

Harrison’s next hearing date is scheduled for February 10.

Charges of open murder in the state of Michigan are serious; a defendant may be charged with first- or second-degree murder, a decision made by jurors. Individuals who are convicted of first-degree murder may face punishment which includes life in prison. Second-degree murder will leave a convicted defendant facing any number of years to life in prison. All types of murder which are not committed during the course of a crime such as carjacking, arson, or robbery, or which is not considered premeditated, fall under second-degree murder.

January 2, 2014

Claims of Ineffective Assistance of Counsel Finally Win Out With Michigan Court of Appeals

by Scott Grabel

Winning on appeal of a criminal conviction or sentencing with the Michigan Court of Appeals is never easy, and truthfully, rare. This is particularly true when defendants argue ineffective assistance of counsel in appealing a conviction. On December 12, Rosa Sharie Watson’s conviction of arson of a dwelling and arson of insured property was overturned after a divided panel of the appeals court found Watson’s defense attorney ineffective due to the fact he failed to retain an independent fire expert.

The defendant had allegedly told her defense lawyer about a fire expert who would testify on her behalf, demonstrating that positive evidence of an intentional fire was lacking, and that the incident should have been classified as outcome undetermined. However, Watson’s lawyer did not contact this expert fire witness. At trial, an expert fire witness for the prosecution testified that evidence concluding that the fire was accidental was non-existent, and because other witnesses contradicted the defendant the fire must have been started intentionally.

Watson’s attorney also failed to challenge the admission of other criminal offenses she had been accused of, which had nothing to do with committing arson or the destruction of a dwelling. These events included uttering and publishing, embezzlement, and attempt to commit insurance fraud, which Watson was never charged with. The appeals court found that the trial court should and would have denied admission of this evidence had her defense lawyer challenged its admission.

In the end, two of the three appeals court panel judges sided with Watson. Judges Douglas Shapiro and Jane Beckering concluded that the defendant deserves a new trial. Had the Michigan Court of Appeals not reversed Watson’s conviction, she would continue to serve 7 to 30 years in prison.

Appealing a conviction with the Michigan Court of Appeals is a complex process. While it is a second chance for a defendant to obtain a better outcome, judges rarely side with a defendant who claims ineffective assistance of counsel. This is a huge win for Ms. Watson at this time, although there is no way to determine whether the new trial will end in a conviction or acquittal.

January 1, 2014

Elberta Woman Waives Probable Cause Hearing in Attempted Murder-Suicide Involving Autistic Daughter

by Scott Grabel

In September of this year, a 45-year-old Elberta woman and her 14-year-old autistic daughter were found unconscious in the family’s van in what authorities determined was an apparent murder-suicide attempt. Now, Kelli Stapleton is facing attempted murder charges after allegedly trying to kill her daughter and herself through carbon monoxide poisoning, according to news reports at Detroitnews.com. Stapleton waived her right to a probable cause hearing on December 26; her attorney, Brian Johnson, had no comment on her decision.

Stapleton had maintained a blog which chronicled the challenges faced by her family in caring for her autistic daughter, who she alleges also had violent outbursts. The Stapleton’s live about 150 miles northwest of Grand Rapids in Elberta, and are said to be well-known in the community.

Stapleton’s blog, The Status Woe, contained a recent entry regarding her admission that she was suffering from a severe case of what she called “battle fatigue.” She shared on her blog that Issy, her daughter’s nickname, had completed a program near Kalamazoo which was “intense,” but that school officials had abruptly changed her daughter’s education plan.

State police revealed that upon finding Stapleton and her daughter inside the van, they discovered coals had been burned inside while the windows were rolled up, in their opinion an effort to generate carbon monoxide. Carpeting inside the van had two holes burned into it where the coals had burned.

The news article states that Stapleton had said earlier in the year that she and her husband were hopeful yet frustrated regarding the prospects for their daughter, who she described as a “great kid with a lot of potential.”

At the time of news reports a trial date had not yet been set.

January 1, 2014

Michigan Women Arrested in Ohio, Facing Felony Drug Charges

by Scott Grabel

In early December, two Michigan women were pulled over by troopers in Ohio at approximately 9 p.m. for marked lane violations, according to a news report at an NBC affiliate. The two women, 26-year-old Khadeja Avery and 24-year-old Ashely Johnson, were driving a 2013 Kia Sorento when they were pulled over near Lucasville in the southbound lanes of U.S. 23.

Troopers searched the vehicle after noticing a strong odor of marijuana and other criminal indicators, according to the news report. They located a duffle bag containing numerous drugs, including 270 Oxymorphone pills, half a kilo of heroin, and 4,500 Oxycodone pills.

Both women are from Hamtramck, Michigan. They were charged with possession of heroin, possession of a Schedule II substance, and drug trafficking.

While it is not legal for officers to search a vehicle in many cases, a search may be justified when law enforcement has strong indicators such as the smell of marijuana. Police must have reasonable belief that a crime is being committed, as all individuals do have a measure of protection regarding privacy in their automobiles under the U.S. Constitution. In this case, the state trooper maintains that he has just cause to search the vehicle the women were in because of the odor of burning marijuana.

It is important to note that police often ask a motorist to give permission to search a vehicle, particularly when no reasonable suspicion exists. You are not required to consent to a search of your vehicle, and in fact are advised not to unless law enforcement says that there is just cause to search your vehicle.

Drug trafficking and heroin possession are very serious drug offenses; those convicted in Michigan will face extremely harsh criminal penalties, which may include jail/prison time and substantial fines. Depending on the amount and type of illegal drug or narcotic involved, individuals may face up to life in prison, and millions of dollars in fines.

January 1, 2014

Burton Man Pleads Guilty to Heroin Charges, Faces Time in Federal Prison

by Scott Grabel

On December 19, 37-year-old Tony Andrew Boyd pleaded guilty to possession with intent to distribute heroin in Flint U.S. District Court. Authorities allege that Boyd was selling heroin out of his home in Burton; he now faces more than two years in federal prison, according to news reports at Mlive.com.

Boyd had a warrant for an incident which occurred in May, when police found he had improper plates on a vehicle. They were conducting surveillance on his home in October when they conducted a traffic stop and arrested Boyd on the outstanding warrant. Upon searching his Lippincott Boulevard home, police discovered drugs and guns.

Court records indicate that officers found a substantial amount of cash and a medical marijuana card upon searching Boyd. The Flint Area Narcotics Group was called in, who then executed a search warrant at the defendant’s home. While searching the home, agents discovered more than an ounce of heroin and numerous guns which included a 12-gauge shotgun, .45 caliber MAC-10 semi-automatic handgun, a rifle, and a 9-millimeter semi-automatic handgun. A warrant was executed by police at a Flint motel, where authorities found more cash and an additional handgun.

Reports indicate that Boyd has been convicted on two previous occasions on drug and gun charges. He is scheduled to be sentenced on April 17.

Perhaps due to the fact that Boyd pleaded guilty to the heroin charges, he received a less harsh sentence than he would have had he pleaded not guilty and gone to trial. The penalties for possession of heroin with intent to deliver in Michigan are extremely harsh. Even when an individual is charged with possession with intent involving less than 50 grams, criminal penalties include up to 20 years in prison and fines of as much as $25,000.

Penalties may be enhanced in some situations due to other factors. These include whether a criminal offense was committed close to a school, park, home, or church, the defendant’s criminal history, and more.

December 31, 2013

Meth Lab Leaves 28-year-old Norton Shores Mother Facing Prison

by Scott Grabel

On October 18 of this year, 28-year-old Glinda Marie Reelman of Norton Shores pleaded no contest to charges of operating or maintaining a meth lab and meth delivery/manufacture. On December 16, Reelman was sentenced to between 2 1/2 and 20 years n prison by Muskegon County 14th Circuit Chief Judge William C. Marietti, according to news reports at Mlive.com.

Reelman had two children who lived in the home where she was allegedly running a meth lab. A tip to Child Protective Services led to the lab being busted in July. Reelman’s children were removed from the home once the methamphetamine operation was discovered, according to the Norton Shores Police Department. Police officials said that the meth operation, which was located in the 3100 block of Sheffield Street, was Muskegon County’s largest lab to date.

Child Protective Services requested that police go to Reelman’s home in July to check on the children. Upon searching the home, police discovered components used in making meth in trash cans located outside the residence. WEMET (West Michigan Enforcement Team) was called in to assist with the search. Authorities found 18 inactive one pot meth labs, although they say they did not find an active lab. Some of the components discovered include pseudoephedrine blister packs, lithium battery casings, used coffee filters, and hydrogen chloride gas generators.

Police also confiscated marijuana, two to three grams of meth, and what they called a “considerable” amount of meth oil.

In Michigan, criminal penalties for drug offenses such as manufacturing or distributing methamphetamines are extremely harsh. Depending on the type and amount of illegal substance or narcotic drug involved, penalties may range from probation to life in prison along with significant fines. As lawmakers and law enforcement continue the ‘war on drugs,’ many individuals find themselves locked behind bars, their lives and reputations ruined.

December 31, 2013

The Top 17 Must Follow Lawyers on Twitter

by Scott Grabel

While some people deride Twitter, saying that its 140 character limit prevents real dialog and discussion, I’ve found it to be a great tool. Sure, there are some worthless tweets out there. None of us really needs to hear about people’s breakfasts or other mundane details of life; but, in the best of cases, Twitter lets you learn about current events or breaking legal issues. It also puts you in touch with experts in the legal field, whether you’re a fellow lawyer or someone who is in need of legal advice. Get the most from your Twitter feed by following some, if not all, of these lawyers.

Alexis Neely (@AlexisNeely)

Alexis Neely is a lawyer’s lawyer. She offers tips and advice on how to run a successful law business on her blog and through her tweets. Her tweets run the gamut from humorous to resourceful.