Michigan Criminal Lawyers Blog

December 31, 2013

The Top 17 Must Follow Lawyers on Twitter

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.

December 30, 2013

How to Party Smart on New Years

by Scott Grabel

Just a day away from New Year’s Eve, people all over the nation are excited about ringing in a new year, and partying the night away. New Year’s Eve should be a fun-filled occasion, a time when you can let loose and enjoy yourself knowing you will have New Year’s Day off to recuperate. Still, it’s never a good idea to let your guard down too much!

Stay safe for New Year’s 2014 and avoid potentially finding yourself in jail by following these tips:

Go out with a group of friends. There is safety in numbers, so if you’re going to a club or New Year’s Eve ball, do it with friends.

Never drive after having a few drinks. The fact is on New Year’s Eve, most people have more than a drink or two. Choose a designated driver, or call a cab if no one is willing to stay sober. Don’t take a chance – drunk driving could leave you in jail facing DUI charges, or even worse, injured or dead.

Women, keep your drink under a watchful eye. There are unscrupulous men who may try to take advantage of you by putting something in your drink. If you even suspect this has happened, toss your drink.

When it’s time to leave the club, leave only with friends you know and trust.

Even if you intend to stay sober, be alert of those around you. Drive as safely as possible, but be very attentive of other motorists who may have had a few drinks. New Year’s Eve comes in second behind July 4th as the deadliest day of the year for drivers in the U.S. Be on guard, and drive defensively.

Enjoy snacks or food along with your drinks. Putting food in your stomach helps absorb some of the alcohol, so you can enjoy the night without becoming overly intoxicated.

Keep your cell phone close by, and have friends’ numbers programmed in. Should a situation at a local bar/club or even a friend’s house get out of control, you need to have your phone close by. Also be sure that your entire group of friends have each other’s numbers in case you get separated during the evening.

Hosting a party in your own home? Provide a designated driver, invite guests to spend the night if they have imbibed a bit too much, and offer non-alcoholic beverage options. It is also a good idea to set a time when you will stop offering alcohol so that guests have a few hours to sober up before the celebration comes to an end.

December 30, 2013

Detroit Christmas Eve Dispute Involving Dog Leaves 36-year-old Man Dead

by Scott Grabel

During the afternoon hours of Christmas Eve day, a 36-year-old Detroit man lost his life following a dispute over a dog, according to news reports at Mlive.com. James Buckman was shot twice in his left side, and was pronounced dead upon his arrival at a local hospital.

Detroit Police Officer Adam Madera of the Public Communication Office told reporters that based on the investigator’s file, the suspect, 43-year-old Floyd R. Pennington, accused Buckman of threatening to run over his dog. Madera said that the two men began to argue as Pennington was sitting inside a pickup and Buckman was standing beside the vehicle. The suspect then pulled out a weapon and shot Buckman two times in his side. Pennington then fled the scene and was eventually apprehended by police and arrested.

Pennington was charged with possession of a firearm during the commission of a felony, and open murder. He was arraigned on December 26 and according to the Wayne County Prosecutor’s office held without bond.

Authorities say this is the second death which has occurred in the area over the past two weeks involving a dispute over a dog. 28-year-old Charles Simkins of Walled Lake allegedly shot Edwin Chrispell on December 17, piercing his femoral artery. Chrispell bled to death. According to news articles, Simkins is a dishonorably discharged marine who became involved in a dispute with Chrispell when his own dog disappeared. Chrispell allegedly took the dog in after it was roaming loose in the neighborhood. The two men became involved in a physical altercation when Simkins found his dog with Chrispell.

Open murder is a very serious charge in Michigan; if a jury determines the defendant should be charged with first-degree murder, penalties if convicted include life in prison. Even when someone is charged with second-degree murder, a conviction can leave the defendant facing any number of years up to life behind bars. It seems as though in these two cases that extreme anger led to violence, although it isn’t likely that either defendant intended to commit murder.

December 27, 2013

Dollar Bay Man Faces Second-Degree Murder Charges in Domestic Violence Case That Turned Fatal

by Scott Grabel

On December 12, 27-year-old Senaz Nezami died after suffering fatal injuries in a domestic violence assault inflicted by her husband, 34-year-old Nima Nassiri, according to news reports at Upper Michigan’s Source.

Nezami was seriously injured in an incident on December 8 in which her husband allegedly assaulted her. Nassiri was charged with assault with intent to do great bodily harm less than murder on December 9. Following her death, Nassiri was charged with second-degree murder on December 20.

According to news articles, the Houghton County Sheriff’s Department began investigating after police received a call notifying them of a possible domestic dispute just before midnight on December 7. Nassiri was taken into police custody at that time, where he remained in the Houghton County Jail on a $5 million bond.

Nassiri’s wife was initially taken to Portage Hospital for treatment of her injuries; she was then transported to Marquette General Hospital, where she died on December 12 as a result of her injuries.

At his December 20 court hearing, Nassiri waived his right to a preliminary hearing within 14 days. He is scheduled to be back in court for a preliminary exam on January 13.

As most people know, accusations of murder are extremely serious. While first-degree murder is the most serious offense of all homicides, second-degree murder can also leave the accused facing life behind bars. In the state of Michigan, second-degree murder is considered any murder which is not premeditated, or which may be committed in the commission of a criminal offense including larceny, carjacking, arson, home invasion, and more. Ultimately, an individual found guilty of second-degree murder may face any number of years up to life in prison, as determined by the court.

December 27, 2013

Federal Appeals Panel Temporarily Stays Order in Juvenile Lifers’ Parole Hearing Requirements

by Scott Grabel

Two days prior to Christmas, a federal appeals court panel signed an order which temporarily stayed an order issued in November by U.S. District Judge John Corbett O’Meara requiring Michigan to give parole hearings to “juvenile lifers,” or inmates who are serving mandatory life sentences for offenses committed as minors. This order would have affected some 350 inmates, according to news reports.

In November, Judge O’Meara ordered the state to develop a process for offering parole hearings to these inmates. The deadline for developing the process was December 31. The judge issued the order saying that in the wake of the June 2012 U.S. Supreme Court ruling regarding Michigan’s sentencing scheme for juveniles as cruel and unusual punishment, the state had failed to take action.

Michigan Attorney General Bill Schuette called the order by the federal appeals court a “Christmas gift” for the families of victims murdered by the inmates who were at the time juveniles. Schuette has been staunchly against offering inmates an opportunity for parole. The Attorney General said in a statement that “I will continue to fight for murder victims and their families who should not be forced to go through unnecessary parole hearings. We will also aggressively defend the authority of state court sentencing judges to object to parole when public safety requires it.”

The U.S. Supreme Court struck down mandatory life sentences for juvenile offenders in June of 2012, however state and federal courts have not been in agreement regarding whether the ruling should be applicable to inmates who committed murder as juveniles, but who are already in custody.

U.S. Supreme Court justices determined in 2012 that certain sentencing schemes are unconstitutional, such as those for juveniles which to not take into consideration factors such as a young person’s potential for cognitive and character development. It was determined that placing juveniles in prison and essentially “throwing away the key” without taking into account factors such as the child’s maturity level, age, and circumstances equates to cruel and unusual punishment.

Schuette is appealing Judge O’Meara’s order; in the meantime, several of the inmates have brought a lawsuit against Michigan which is being considered by the Sixth Circuit Court of Appeals.

Should inmates who were ultimately children when they were imprisoned for violent crimes such as murder be incarcerated for their entire lives? This is certainly a topic that has been hotly debated.

December 26, 2013

Troy Woman Charged with DUI Sentenced to Two Years Probation

by Scott Grabel

Brenda Conway, a 51-year-old Troy resident and girlfriend of Macomb County Circuit Court Judge Richard Caretti, was recently sentenced to two years probation for a January incident in which she was charged with OWI with occupants younger than 16. According to news reports at The Detroit Free Press, Conway was driving a vehicle with passengers which included Judge Caretti and his two daughters.

Conway and Caretti were returning the two girls who are 12 and 15 years old to their mother’s house following a wedding reception when the vehicle was pulled over by police after Lori Conway, Caretti’s ex-wife, received a text from one of her daughters claiming that Brenda Conway was driving drunk. The two women share a last name as they are related by marriage.

Brenda Conway’s BAC registered 0.18% initially; two subsequent tests both indicated that her blood alcohol level was higher than Michigan’s 0.08% legal limit. In addition to being sentenced to two years’ probation and ordered to perform 320 hours of community service, Conway’s license was suspended for 90 days and will be restricted for three months once the 90 day suspension period has passed.

Many people believe that having their driver’s license suspended following a DUI is the least of their worries when compared to possible jail time, fines, and other penalties. The fact is, living a normal life is virtually impossible without a license; those who are not allowed to drive have a difficult time when it comes to getting to an from work or school, doctor’s appointments, or other important appointments or events. It certainly creates a hardship, as driving is a necessary part of life for most people and something they do on a daily basis.

December 25, 2013

Accomplice in KFC Robbery Takes Plea Deal, May Face Life in Prison

by Scott Grabel

Earlier this month we wrote about Ronnie Odell Taylor, a 45-year-old man who was convicted in late November of robbing a Kentucky Fried Chicken located at 4040 Plainfield Ave. NE in Plainfield Township. Now, Taylor’s alleged accomplice in the robbery is facing life in prison, even though he pleaded guilty to being an accessory after the fact and lying to police, according to a recent news article at Mlive.com.

29-year-old Leonardo Simmons refused a plea deal in which prosecutors wanted Simmons to testify against Taylor and plead guilty to armed robbery. Simmons is a four-time felony offender; prosecutors had told Simmons if he would plead guilty to two counts of armed robbery, he would not be charged as a repeat offender, and conspiracy charges would be dropped. Because he refused the plea agreement, Simmons may still face up to life in prison after pleading guilty to accessory after the fact because he is a repeat offender. This ultimately means that he may spend his life behind bars for an offense which would normally carry a maximum sentence of five years in prison.

Simmons and Taylor are accused of robbing the KFC on April 6 of this year. Taylor’s wife was an employee at the KFC according to news reports, however she was not charged in the incident. Employees of the store said that despite the fact he was wearing a ski mask, they recognized Taylor’s voice and eyes.

Both defendants are scheduled to be sentenced on January 21.

News articles are not clear about what role Simmons played in the KFC robbery, however his status as a repeat offender and the fact that he turned down prosecutors initial plea deal may leave him facing the rest of his life behind bars.

December 25, 2013

Bangor Township Man and Woman Likely to Face Drug Charges Following Discovery of Meth and Pills in Search of Home

by Scott Grabel

On Thursday December 19, officers with the Van Buren County’s narcotics unit obtained a search warrant for a residence located in the 65000 block of County Road 372. Upon searching the home, investigators discovered an active meth lab, prescription drugs, and other drug-related items according to a news article at Mlive.com.

Two individuals were at the residence at the time, including a 26-year-old woman and 27-year-old man; the two had not been arrested on drug related charges at the time of news reports, but were expected to be charged by authorities at a later date. The women, however, was arrested on an outstanding warrant according to a news release issued by the Sheriff’s Office.

In the course of searching the home, officers found an active methamphetamine lab, and small amounts of both meth and marijuana. Components used to manufacture meth were also found, along with a substantial number of prescription pills which were not prescribed to either the man or woman.

Authorities stated that a report regarding the search and investigators’ findings will be sent to the Van Buren County prosecutor’s office for review to determine if charges will be filed.

Classified as a Schedule 2 substance in the state of Michigan, methamphetamine is considered a highly dangerous drug because of its addictive properties and the high risk of abuse or dependence. Because of this, the criminal penalties are severe for individuals charged with meth possession or maintaining a methamphetamine lab.

If convicted of maintaining a meth lab, penalties include substantial fines and up to 20 years in prison. In addition, those convicted will have a criminal record and their driver’s licenses will be suspended. Individuals who have children face even further potential damage to their lives, as CPS (Child Protective Services) may investigate, and parenting rights may be revoked should it be determined methamphetamine was being manufactured on the property where children live. There are many factors which may impact the punishment someone faces when found guilty of manufacturing meth.

December 24, 2013

Holiday Travel Safety Tips

by Scott Grabel

Unfortunately, the period during the Thanksgiving, Christmas, and New Year’s holidays are when crime rises significantly. Many families have been victims of theft over the years, thieves breaking into their homes and stealing wrapped Christmas gifts. Even when on the road traveling you could be at risk, as purse snatchers and pickpockets will do almost anything to get their hands on your cash or credit cards. How can you stay safe this holiday season while traveling to visit friends and family?

Here are a few holiday travel safety tips to help make 2013 a safe and happy holiday season:

If you have Christmas gifts at home, don’t leave them wrapped under the tree. Store them in a safe place away from potential burglars’ view while you are away.

Leave expensive electronics and jewelry at home. Robbers often target those with lots of “bling” or who are carrying iPods, digital cameras, and other costly electronics.

If you’re taking gifts along when traveling by air, pack them in carry-on luggage to make checking by security easier.

If you must have a credit card, bring only one. Consider using travelers checks or cash in small denominations (for instance, $5 and $10 bills instead of $50 or $100 bills).

When traveling by car, know your route and be aware of weather conditions. Knowing where road construction is taking place or where icy, slick roads are during a winter storm can help you plan an alternate route, or take extra precautions.

If you are traveling by car, be sure it’s in good condition. Have the oil changed, check the wipers and fluids, check tires to ensure good tread and proper inflation.

Bring along an emergency kit. Traveling the nation’s highways and interstates can be dangerous; should you break down along the way, you want to make sure you have a few necessities including bottled water, a first aid kit, flashlight, blankets, jumper cables, maps, and snacks.

Drive safely, and buckle up. This winter season has been one with plenty of snow and ice storms, flooding, and generally bad weather overall. Leave early so that you can drive safely and compensate for any unexpected road conditions or problems. Most important of all, be sure everyone is buckled up.

December 24, 2013

Court of Appeals Upholds Conviction of Man Found Guilty of Operating Motor Vehicle While Having Controlled Substance in Body

by Scott Grabel

Carlton Vur Adams of Hastings was found guilty in May of 2012 of operating a motor vehicle while having a controlled substance in his body, according to a news report at the Hastings Banner. Adams was also charged with operating a vehicle while having a controlled substance in his body causing death, however the jury acquitted him of those charges. The 63-year-old Hastings resident was sentenced to one year in jail, 60 months probation, drug court, and ordered to pay nearly $5,700 in court costs.

News reports indicate that Adams was charged in connection with a September 2010 accident involving the death of an individual riding a motorcycle; the motorcycle was allegedly traveling at speeds of about 100 MPH when it struck Adams’ vehicle as he was turning left onto a cross street on M-37.

Adams appealed the jail time handed down at sentencing, arguing that the trial court erred in calculating scoring points to determine the length of sentence. The Michigan Appeals Court disagreed, ruling that scoring points were accurately used in determining jail time for the offense by the local court. The appeals court said that the call was “close,” and that if Adams had not been operating his vehicle with intoxicants in his blood, he likely would have noticed the bright headlights of the motorcycle approaching, and would not have turned in front of it. Jeremy Easterbrook, driver of the motorcycle, died from injuries sustained in the accident. The appeals court said that ‘but for’ Adams’ act, the victim would not have died and the accident would not have occurred.

Court of Appeals Judges Jane E. Markey, Jane M. Beckering, and E. Thomas Fitzgerald heard the appeal; the court issued the ruling on November 19.