Michigan Criminal Lawyers Blog

December 24, 2013

Marijuana Possession and Delivery Charges Against Oakland County Medical Marijuana Patient Dropped

On Monday December 16, charges against Earl Carruthers, a Ferndale medical marijuana patient, were dropped in Oakland County Circuit Court. Carruthers and five other individuals had been charged with marijuana possession and delivery, according to a news article at Sourcenewspapers.com.

In January of 2012, an Oakland County narcotics law enforcement team raided the Green and Greener Grow Collective dispensary in Southfield. Carruthers and the other defendants which included his brother Ryan, had been accused of being involved in delivering marijuana, conspiracy to deliver marijuana, money laundering, and possession with intent to deliver.

Michael Komorn, Carruthers’ defense attorney, stated that the key to the defense for Carruthers was several patients who testified regarding the process at the dispensary. The process of patients obtaining marijuana at the dispensary involved patients signing an agreement stating they promised to comply with the Medical Marijuana Act, and provide valid documents certifying they were patients. According to Komorn, an undercover police officer visited the dispensary claiming to be a patient. The officer allegedly used fake documents (driver’s license, physician’s certification, and documents indicating Michigan had received an application for a medical marijuana card). Ultimately, entrapment became the focus of the defense; Komorn said that “With entrapment cases, we don’t want a government’s action to create a crime.”

Carruthers said in court that the dismissal of the charges was a huge weight off his shoulders; he praised both the judge, Phyllis McMillen, and his defense lawyers.

Had Carruthers been convicted of the felony charges, all carried penalties ranging from four to five years.

December 24, 2013

Kalamazoo Man Found Guilty of Open Murder, Other Charges in Connection with Shooting at Convenience Store in 2012

by Scott Grabel

Earlier this month, 31-year-old Clarence Ross went on trial for the September 2012 murder of Jheryl Wright in an incident that occurred outside a Quick Stop convenience store. On Friday December 20, Ross was found guilty of solicitation of murder, open murder, and felony use of a firearm according to news reports at Mlive.com.

Ross and another man, Duncan Williams Jr., were arrested in December of 2012 in Georgia. Both suspects were arrested in Atlanta by the Atlanta Fugitive Squad and the FBI. Jheryl Wright was 24 years old when he was gunned down at the Quick Stop, located in the 1400 block of Portage Street. Police said the incident, which took place at approximately 3 a.m., was captured on security cameras at the store. Authorities determined who the suspects were through the videos, and help from the public/witnesses. Wright was found on the ground outside the convenience store with several gunshot wounds; he was unresponsive and later died at an area hospital.

Clarence Ross is scheduled to be sentenced by Kalamazoo County Circuit Judge Alexander C. Lipsey on January 13.

Murder is the most serious criminal charge an individual may face. While news reports do not indicate a motive for the shooting, Ross will likely face life in prison after being convicted by a jury for open murder. Open murder is a charge which simply means the jury can determine whether to charge the defendant with first- or second-degree murder.

In Michigan, the maximum sentence for first-degree murder is life in prison. An individual convicted of second-degree murder may face any number of years and even life in prison, depending on the facts of the case and ultimately what the court determines is just in a particular situation.

December 23, 2013

Hartford Township Traffic Stop Leads to Seizure of Marijuana by Authorities

by Scott Grabel

According to news reports at wwmt.com News Channel 3 and Mlive.com, a recent traffic stop led to the discovery of a marijuana grow operation. Van Buren County deputies stopped a man, who has not been named pending an arrest and charges, in the 54000 block of CR 687 in Hartford Township on Thursday, December 19. The man was stopped for vision obstruction and equipment violations.

Upon searching the 33-year-old man’s vehicle, sheriff’s deputies found 25 grams of marijuana both on the driver and inside the vehicle. Further investigation led deputies to discover even more marijuana at a residence located in Keeler Township in the 67000 block of Territorial Road. According to reports, deputies found an additional 3.5 pounds of marijuana and 10 marijuana plants. Authorities believe they discovered a marijuana grow operation.

Details of the case have been forwarded to prosecutors, who will determine whether an arrest is warranted and charges filed.

Drug offenses are prosecuted vigorously in the state of Michigan, regardless of how minor or serious the situation may seem. Individuals who are caught using marijuana may face misdemeanor charges, which can result in a $100 fine and up to 90 days in jail. While possession of marijuana is also a misdemeanor, those charged with cultivating or growing marijuana and who are not licensed as a medical marijuana caregiver or patient may be charged with a felony offense, which may result in criminal penalties including fines of as much as $20,000 and up to 15 years in prison. In fact, individuals who are found to possess a large number of marijuana plants may be fined up to $10 million dollars.

December 20, 2013

Norristown Motorist Arrested Following Police Chase in Hit-and-Run Accident

by Scott Grabel

On December 11 a motorist was arrested by Norristown police following an incident in which the driver was involved in a one vehicle hit-and-run crash, then fled the scene. Ultimately it was determined that the driver was driving on a suspended license; he was charged with fleeing/resisting arrest and DUI.

It all began when a police officer who was off duty witnessed a vehicle traveling at high speed which jumped the median after coming across the Dannehower Bridge. The vehicle, a Honda Accord, then struck a light pole resulting in the base of the pole being damaged. The Accord then sped off, according to the officer.

At that point officers who were on duty began pursuing the vehicle in a northbound direction on Cherry Street. As the chase continued on, the Honda eventually had a flat tire that came off, leaving the driver to navigate the car on the rim. Ultimately there came a point where the driver could no longer control the vehicle; he fled on foot in the 1300 block of Markley Street and was apprehended by police, who determined the driver was intoxicated.

While DUI and fleeing/resisting arrest are serious charges, driving on a suspended license only adds to the problem. A first-time offender charged with driving on a suspended license may face penalties which include jail time, a fine of up to $500, driver responsibility fees, and 2 points added to the individual’s driver record. In addition, the length of the initial suspension of your driver’s license may be doubled.

December 20, 2013

Crack Cocaine Habit Leaves Flint Woman Facing More Than $40,000 in Restitution, Jail, and Probation

by Scott Grabel

On December 16, 45-year-old Teresa Lynn Crang of Flint was sentenced on drug charges and allegedly stealing money from her elderly mother in order to support her crack cocaine habit.

Crang was arrested in May of 2012 and pleaded no contest to possession of less than 25 grams of a controlled substance, according to a news article at Mlive.com. Genesee Circuit Judge Archie Hayman ordered the defendant to serve two years probation and nine months in jail on the charge.

The defendant also pleaded no contest in connection with stealing money from her mother, money which the 64-year-old woman received after Crang’s father passed away. News articles indicate that Crang’s mother, a resident of Clio, received a $180,000 life insurance payout. Genesee County Sheriff Robert Pickell alleged that Crang convinced her mother to open a checking/savings account at a local credit union using $50,000 of the insurance payout. Without her mother’s knowledge, Crang requested an ATM card which she intercepted and used to withdraw more than $40,000 over a two-month time period in the fall of 2012.

Crang was charged with obtaining a financial transaction device without consent. She pleaded no contest to these charges as well.

Since the May 2012 arrest, Crang has been arrested twice while on bond, once in July after being stopped and found with marijuana, and once in September after being pulled over on suspicion of drunk driving. In addition to jail time, probation, and restitution, Crang was ordered to undergo drug treatment and psychological counseling.

Possession of less than 25 grams of cocaine is a felony offense with stiff criminal penalties which include fines of up to $25,000 and up to four years in jail. Had Crang not pleaded no contest and went forward to trial, her sentence may have been harsher had she been convicted. Michigan prosecutes drug offenders vigorously in an effort to cut down not only the amount of drug activity that goes on in the state, but the associated violence as well.

December 20, 2013

Criminal Defense Myths Debunked

by Scott Grabel

As a criminal defense attorney, I come across a lot of myths and misconceptions daily. Plenty of criminal defense myths focus on easy ways for a defendant to avoid charges. Unfortunately, for most people who are charged with a crime, these myths are just that – myths. Believing them won’t help your case and might even make things worse for you. Let’s debunk these myths once and for all, so that everyone is on the same page.

You Can’t Be Found Guilty if They Didn’t Read You Your Rights

Many criminal defense myths focus on the Miranda rights. You’ve heard it all before – you have the right to remain silent, you have the right to an attorney, and so on. Since reading a person their rights when they’re taken into custody standard, a lot of people think that if a cop doesn’t read you your rights, you can get off scot-free. The reality is a bit more tricky.

December 19, 2013

‘Tough’ Sentence for 24-year-old Convicted of Unlawful Imprisonment of Baby Upheld by Michigan Court of Appeals

by Scott Grabel

In 2012, 24-year-old Sean Michael Phillips was convicted on charges of unlawful imprisonment of his 4-month-old baby daughter. Five weeks later, Mason County 51st Circuit Judge Richard I. Cooper sentenced Phillips to 10 to 15 years in prison, the maximum sentence allowed under Michigan law. While 15 years is the maximum sentence allowed, the 10 year minimum set by Cooper in Phillips’ case “radically” exceeds the minimum according to state sentencing guidelines, which is typically about three years in prison. Phillips appealed both the conviction and sentence in July of 2012.

Phillips is scheduled to go on trial for murder in 2014; his preliminary exam is scheduled for January 9 and 10. In handing out the sentence for Phillips regarding the unlawful imprisonment charge, the judge is allowed by law to exceed the minimum sentence suggested by the guidelines when “substantial and compelling reasons” exist. In this case, Judge Cooper called the case a “worst case scenario,” as the defendant offered no information about the baby’s whereabouts after nearly a year, while circumstantial evidence indicated she may be dead. Baby Kate went missing in June of 2011 and has never been found; her mother, Ariel Courtland, reported the baby as missing.

Phillips appealed his sentence and conviction, arguing that the judge departed from sentencing recommendations without articulating a substantial or compelling reason, that the judge erred in instructing the jury, and that the prosecution failed in their efforts to prove the baby was restrained beyond a reasonable doubt. The Michigan Court of Appeals ultimately upheld both Phillips’ conviction and sentencing, writing that: “The infant was wholly dependent on others and unable to survive on her own. Defendant not only exploited the victim’s youth, but also exploited her incapacity as an infant when he separated her from her mother, left her in a location where she would not be found, and ensured that she could not communicate her predicament to others.” The appeals court agreed with the prosecution and judge in all of the arguments raised by Phillips.

Defendants who are convicted of serious or violent crimes often appeal either their conviction, sentence, or both. In order to win at appeal there must be convincing evidence that errors were made by prosecutors, a judge, or jurors, or that the defendant’s legal rights were violated in some manner. Even when it seems that strong grounds exist to have a conviction or sentence overturned, it is rare that judges on the appeals panel agree.

December 19, 2013

Leoni Township Man Arrested in Connection with Two Armed Robberies

by Scott Grabel

A 25-year-old Leoni Township man was recently arrested by police in connection with the armed robberies of two Leoni Township businesses, according to news articles at Mlive.com. The suspect’s name has not yet been released pending his arraignment on the charges.

Police arrested the suspect on December 17; two charges were issued against him for armed robbery by the Jackson County Prosecutor’s Office according to Detective Sgt. Chris Boulter of the Blackman-Leoni Township Department of Public Safety.

On November 25, the suspect allegedly stole $16 from the purse of Charleen Shelby, owner of Shelby Shoe Outlet. Shelby said that the man came into the store and demanded she open the cash register, which was already open and contained no cash due to the fact it was early in the morning and no customers had made a purchase. Shelby said the man pointed a gun in her face two times, and demanded her purse after seeing that the registered contained no cash.

Police also believe the same man is responsible for the November 26 armed robbery of the Valero gas station located at 3501 Page Avenue. In this incident, a man wearing sunglasses, dark gloves, and a dark coat with the hood pulled up entered the station and brandished a handgun demanding money from a clerk. The amount of money the suspect took in this incident was not disclosed.

Armed robbery is a very serious offense; those convicted in Michigan will face extremely harsh criminal penalties. Whether an individual is actually in possession of a weapon or insinuates it, he or she may be charged with felony armed robbery. The maximum punishment if found guilty of this offense is life in prison. According to Michigan Penal Code 750.529, the minimum sentence for a conviction of armed robbery is two years. The criminal penalties you will face if convicted depend on a number of factors, including past criminal history.

December 19, 2013

The Absolute Best Free Advice You’ll Ever Get From A Lawyer

by Scott Grabel

As a criminal defense attorney, I earn my living representing people who’ve been arrested and charged with crimes. That doesn’t mean that I reserve giving out legal advice to clients only. The US legal system can be tricky to figure out, so in some cases, I give out free lawyer advice to people, even if they don’t become clients. Getting free lawyer advice from me doesn’t mean you should represent yourself in court should you end up on the wrong side of the law. This advice is meant to help you make the best decisions should you get arrested or need help in the court room.

Know Your Rights

The best piece of legal advice I or any lawyer can give you is to know your rights. Our country has laws that are designed to protect people when they are arrested. In some cases, people aren’t aware of these laws or don’t realize that they have certain rights after an arrest. If you are arrested, the police need to read you the Miranda warning:

December 18, 2013

Convicted Sex Offender Could Get Time Cut from Sentence According to Appeals Court

by Scott Grabel

In April of 2012 James Wilcox, a Coldwater resident who was 18 years old, was found guilty on four counts of first-degree criminal sexual conduct in connection with the alleged sexual assault of his cousin between 2009 and 2010, when the boy was seven years old. Wilcox was charged with five counts of first-degree CSC, but found not guilty on one count according to a news article at WTVB. In May of 2012, Wilcox was sentenced to 15 to 40 years in prison.

At the time of the allegations, the defendant’s young cousin claimed that Wilcox coerced him into sexual acts on three occasions at the defendant’s home. Wilcox, who did not testify at trial, maintained his innocence saying at his sentencing hearing “I did not touch him. I treated him like a little brother.”

Rhonda Ives, Wilcox’s defense lawyer at trial, requested a “Bill of Particulars” which detailed the alleged offenses. She said that it was not possible to determine which allegations resulted in acquittal or conviction, and which had not been tried. The Michigan Court of Appeals said that the information used at the defendant’s trial was provided in the preliminary exam.

Ives questioned the alleged victim regarding previous sexual experience at trial, however Branch County Circuit Judge Bill O’Grady said those questions were prohibited by Michigan’s Rape Shield Law. The COA agreed.

Ultimately, the Court of Appeals found that the only fault was that in scoring one sentencing guideline, Judge O’Grady was not clear that he used a “preponderance of evidence” standard, only saying that there was “some evidence” the victim had been exploited by the defendant. In the end, the defendant’s sentence may be reduced by nine months on the minimum 15 years, and 15 months off of the maximum 40 years.

While the appeals court remanded the case back to trial court to evaluate sentencing, a footnote was added saying “We note that the trial court is free to impose the same 15-point score on remand, if it is warranted; we are simply remanding for an evaluation under the proper standard.” Essentially, it isn’t likely that Wilcox’s sentence will be reduced.