Michigan Criminal Lawyers Blog

December 19, 2013

Leoni Township Man Arrested in Connection with Two Armed Robberies

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.

December 18, 2013

Detroit Woman Faces Life in Prison for Murder of Elderly Childhood Babysitter

by Scott Grabel

In April of this year, 25-year-old Teresa Alvarez was charged with the murder of a 71-year-old woman who had reportedly rescued Alvarez and her brother from homelessness 17 years ago. According to CBS Detroit, Alvarez killed Margaret Theut in a scheme designed to steal thousands of dollars the victim had intended to donate to charity.

Theut, who lived in Detroit, went missing in November of 2011. In May of 2012 a hunter discovered her decomposed body in a wooded area in Rouge Park as he was hunting for mushrooms. Alvarez was found guilty of murdering her childhood babysitter and was sentenced by Wayne County Circuit Judge Mark T. Slavens on Thursday, December 12.

News reports indicate that Alvarez and her brother cam from an unstable home, and that Theut often babysat the two as children. Upon her arrest, police alleged that Alvarez planned the murder for weeks, telling her friends that the elderly woman had killed herself by overdosing on pills. According to Detroit police homicide investigator Lance Sullivan, Alvarez told friends she was going to attend the victim’s funeral after getting dressed up.

Theut lived next door to Teresa and Jesus Alvarez’ mother, who would sometimes leave the children in Theut’s care; Theut and the children’s great-aunt, Janet Jenkins, adopted the children in 1996 after their mother died from breast cancer. In the interim, the children’s maternal grandparents had been granted custody, however Alvarez and her brother’s lives continued to be unstable.

While it is certainly a tragedy when an elderly person’s life is taken, it is also tragic that a 25 year old woman will now likely spend the rest of her life in prison. Michigan criminal defense attorneys understand how individuals’ childhoods often shape their lives as an adult.

December 17, 2013

Saginaw Man Facing Drug, Fleeing Charges after Escaping Prison Time for July 2010 Robbery

by Scott Grabel

In February of this year, three brothers who are triplets were sentenced in connection with a Buena Vista Township incident involving unarmed robbery and other charges including assault with intent to commit murder. Deshawn, Devon, and Juronn Shivers were all sentenced in the case, Deshawn and Juronn to probation, Devon to imprisonment until at least 2042. Now, Juronn may be joining his brother in prison if convicted of new charges involving drugs and fleeing police, according to a news article at Mlive.com.

On November 11, Michigan State Police troopers witnessed Juronn Shivers driving at excessive speeds in the Brookwood area on Saginaw’s southeast side. Lt. Brian Cole said that when troopers initiated a traffic stop, Shivers complied; however, upon troopers approaching the vehicle, the suspect took off and a chase ensued which resulted in damage to multiple patrol vehicles. Eventually Shivers’ vehicle was stopped after troopers implemented a PIT maneuver.

Shivers had been charged by prosecutors in late October with a misdemeanor count of possessing marijuana, and felony count of possession of less than 25 grams of cocaine in connection to an April incident in Saginaw. Shivers had since remained at large on that warrant.

The defendant has been arraigned on the marijuana and cocaine charges, and was arraigned on Friday, December 13 on the fleeing/eluding charges. Third-degree fleeing and eluding police carries a maximum of five years in prison for those convicted. If convicted on the marijuana and cocaine charges, Shivers may face up to four years in prison for the felony charge.

While fleeing and eluding police is a very serious offense, drug crimes are also extremely serious in the state of Michigan. Certain offenses involving the manufacture and distribution, sale, or delivery of Schedule 1 or 2 drugs may leave an individual facing a lifetime behind bars if convicted.

December 17, 2013

Homicide Suspected in Death of 71-year-old Ann Arbor Man at Senior Community, Neighbors Shocked

by Scott Grabel

David Maurer, a 71-year-old man who lived at the Lurie Terrace senior community in Ann Arbor, was found dead inside his apartment on December 1. Police believe he died approximately a week earlier, and that three men who allegedly robbed the elderly man are responsible for his death. Neighbors who describe the victim as a gentle and quiet man are shocked, according to news reports.

On Sunday December 15, three men were arraigned on charges of murder and robbery. They include 20-year-old Ricky Ranger, 19-year-old Mark Paling, and 19-year-old Richard Thompson. Although the connection is not clear at this time, police believe the suspects were known to Maurer. The three have been charged with unarmed robbery, larceny in a building, open murder, conspiracy to commit unarmed robbery, and larceny of a firearm. According to reports, the suspects stole multiple items from the victim’s apartment including credit cards, a cell phone, firearm, computer, money, and a controlled substance.

All three of the suspects are scheduled for a December 26 preliminary exam; if convicted, the maximum sentence is life in prison. Police did not reveal how Maurer was killed, or when investigators began viewing the victim’s death as a homicide. Police would only say that upon responding to his residence on December 1, Maurer’s body was badly decomposed.

All three suspects will be represented by the Washtenaw County Public Defender’s Office according to a news article at Mlive.com. All are being held without bond.

While no motive is given for the alleged homicide, perhaps if the suspects knew the victim, they felt they had to quiet him after robbing his apartment. Regardless of how or why the incident occurred, it is certainly tragic for both the victim and the suspects, who are young and have their entire lives ahead of them. If convicted, it is likely these three young men will spend a substantial portion of their lives, and possibly the remainder of their lives, locked behind bars.

December 16, 2013

Paw Paw Teacher Charged with Manufacturing Marijuana and Hash Expected in Court This Week

by Scott Grabel

In August of this year, Scot Granke’s farm in Arlington Township was raided after authorities received a tip from the Paw Paw teacher’s estranged wife claiming that Granke, a licensed medical marijuana grower, was manufacturing more than his license allowed. Granke is also accused of manufacturing hashish, and is expected to be back in court this week.

Granke was arrested and charged with one count of manufacturing marijuana, one count of manufacturing hash, and four counts of possessing an unlicensed handgun in October. Members of the Michigan State Police Southwest Enforcement Team raided Granke’s farm, which resulted in the finding of 66 marijuana plants, 18 more than the defendant’s license allowed. Authorities also located one pound of possessed marijuana. The maximum Granke is allowed under his license is 15 ounces, according to news reports. Police allege that Granke told them he manufactured hashish butter due to the fact that it was easier for his clients to take.

Lt. Kevin Wiley described what officers uncovered at Granke’s farm as a “very large, complex marijuana and hash manufacturing operation.”

Granke, who is 50 years old, is a teacher at a Paw Paw middle school and father of three children ages 6, 17, and 19.

Two of the charges against Granke are felonies; if convicted, the middle school teacher may face substantial fines and several years in prison. Each of the felony manufacturing counts is punishable by up to seven years in prison, with fines of as much as $500,000. News reports indicate that he may be in court on December 16 to determine if a plea agreement can be worked out; if not, a preliminary exam is scheduled for December 18.

In many cases, defendants who agree to plead guilty or no contest to criminal charges will face reduced penalties. It is important to note that it is not advised all people who are accused of drug crimes should plead, as it may be more advantageous to go to trial depending on the circumstances of each individual case.

December 16, 2013

22-year-old Grand Rapids Man to Face Trial for Attempted Murder of Pregnant Ex-girlfriend

by Scott Grabel

Adam Andrew Phillips, a 22-year-old Grand Rapids man, will now face trial in connection with the alleged attempted murder of his ex-girlfriend on November 5, according to news reports at Mlive.com. Phillips and the Kent County Prosecutor’s Office failed to reach a plea agreement.

The victim, 18-year-old Elizabeth Batchelder, was three months pregnant at the time Phillips allegedly struck her, leaving her in a coma with a skull fracture. An 18-month-old child was present when the assault occurred, although the child was not injured. It is believed that Phillips found pictures on the victim’s cell phone which made him angry and led to an argument between the two.

The altercation took place at the defendant’s grandfather’s home located at 215 Sweet St. NE. Clifford Mead said that he believed his adopted grandson became angry out of jealousy, and became enraged before taking time to think. Mead was in his garage when he heard screams coming from inside the home; he said he did not know whether it was the couple’s 18-month-old screaming, or Batchelder. Upon going inside to check, the defendant got into his car and left the scene.

A neighbor called 911 according to Mead, who said that when he found Batchelder she was gasping for air and bleeding profusely.

Phillips is charged with attempted murder, and has remained in the Kent County Jail without bond since his arrest. If found guilty, he will face a maximum sentence of life in prison.

Attempted murder, or assault with intent to murder, is a very serious charge in the state of Michigan. Those convicted will face sentencing which may include any number of years or possibly life in prison according to the Michigan Penal Code 750.83. Essentially, individuals who are found guilty of such serious or violent crimes face ruin of their reputations and careers, and loss of their freedom.

December 13, 2013

Drive Safely This Holiday Season, and Avoid Potential Suspension of Your Driver’s License

by Scott Grabel

Christmas is just around the corner, and right on its heels comes the New Year’s holiday. This is a time of year when many people are attending holiday parties and festivities, family get-togethers, and generally enjoying the season. While it’s fun to enjoy the company of friends, family, or co-workers and have a few drinks while enjoying the holiday cheer, driving while under the influence of alcohol could leave you facing not only charges of DUI, but a suspended driver’s license as well.

In Michigan, first-time DUI offenders will face a six month (180 days) license suspension. For the first 30 of those days, you will not be able to operate a motor vehicle; after this 30 day time period has passed, your driving privilege will be restricted. This means that you can only drive for very specific purposes, such as to and from work.

If stopped on suspicion of operating while intoxicated for a second time within a 7-year time period of a first conviction, your driver’s license will be revoked for one year if you are charged with DUI. A revocation is more serious than a suspension; you will not be allowed to drive for any reason during this one-year time period. Even after the year has passed, there is no guarantee that your driver’s license will be reinstated.

Today, our busy lives often hinge around having the privilege to drive. When your driver’s license has been suspended or revoked, it creates a devastating hardship. As trusted Michigan drivers license restoration attorneys, we urge you to consider the risks carefully before deciding to get behind the wheel after having a few drinks. Not only could you face criminal penalties and suspension of your driver’s license, the consequences could be catastrophic if you were to cause an accident resulting in injury or death to others.

Enjoy the holiday season, but be smart. If you intend to consume alcohol or liquor at a holiday party or gathering of family and friends, make sure you have a designated driver. Alternately, you could spend the night if at a family member or friend’s home, or call a cab. Better to be safe than sorry!

December 13, 2013

Watervliet Woman Accused of Driving Under Influence of Marijuana Resulting in Death of Four Goes on Trial

by Scott Grabel

Ashley Baker, a 27-year-old Watervliet resident, was charged with four counts each of felony operating a motor vehicle with any amount of controlled substance in her system causing death and misdemeanor committing a moving violation causing death in connection with a February 16 crash which left four people dead. Baker’s trial began on Tuesday, December 10 according to a news article at Mlive.com.

Four women were killed When Baker’s Dodge Caravan failed to stop at a stop sign, striking the Buick Lucerne the victims were riding in. The accident occurred at the intersection of 66th Avenue and County Road 687 in Hartford Township. Baker had a passenger in the vehicle with her, and told police that icy road conditions made her unable to stop at the intersection. A blood test was performed which revealed marijuana was in Baker’s system at the time of the crash.

Van Buren County Prosecutor Michael Bedford authorized charges against Baker in April after THC, a chemical in marijuana, was detected in blood tests. The amount of THC in the defendant’s bloodstream was not specified in the charges against Baker, however Bedford said that any amount present is sufficient to support the charge of operating while intoxicated causing death.

Those killed in the accident include Kathyn Maya, Lou Ann Holcomb, Celeste Phillips, and Charlotte Sieber. Baker and her passenger were not injured.

If convicted of operating while intoxicated causing death, Baker will face penalties which include up to 15 years in prison.

In Michigan, offenses involving drugs including marijuana, cocaine, methamphetamine, and other Schedule 1 or 2 drugs or narcotics are punished harshly. Prosecutors and police crack down hard on those suspected of using, possessing, or manufacturing/distributing illegal substances.