Michigan Criminal Lawyers Blog

December 4, 2013

2012 Lansing Drug Bust Results in Federal Drug Charge Convictions for Four Men

In October of 2012, a vehicle was stopped by an Ingham County Sheriff’s Deputy near Lansing on I-96. Upon searching the vehicle, the deputy found crack and powder cocaine. Two Lansing men were arrested, 42-year-old Rogelio Ruiz, and 37-year-old Gilbert Albarez.

Albarez and Ruiz were transporting the three kilos of powder and crack cocaine to Lansing after picking the drugs up in Columbus, Ohio, according to FBI investigators. Two other suspects in the case were netted after the FBI set up a “reverse sting” operation in which the drugs were returned to the source. Israel Mendez was arrested in October 2012 after coming to Lansing to pick up the drugs. The supplier of the cocaine, Luis Edwards, was arrested in March of this year as he crossed the U.S./Mexico border in Hidalgo, Texas.

Albarez and Ruiz both pleaded guilty in federal court last month to possession of cocaine and crack cocaine with intent to distribute. The two men are currently awaiting sentencing. Israel Mendez, a resident of Fort Wayne, Indiana, was sentenced to 30 years in federal prison in August after being found guilty by a jury in April of possession with intent to distribute the cocaine and crack cocaine.

Just over a week ago, Luis Edwards was sentenced to 15 years and eight months in federal prison, according to U.S. Attorney Patrick A. Miles.

Possession of cocaine with intent to distribute, sell, or deliver is a serious criminal offense in the state of Michigan. In fact, when more than 1 kilogram is involved, the criminal penalties include up to life in prison, with possible fines of up to $1 million dollars. In criminal cases, a defendant will often get a lighter sentence by pleading guilty, however this is a decision that should be made only after discussing your situation with a seasoned Michigan drug crimes attorney, and careful review of the circumstances. Depending on the specifics of your case, there may be grounds for dismissal of the charges, or factors which would indicate going to trial may be a better option.

December 3, 2013

Oshtemo Township Man Sentenced to Up to 15 Years in Prison for Violent Assault of Girlfriend

by Scott Grabel

On Monday December 2, 42-year-old Arthur Payne was sentenced by Kalamazoo County Circuit Judge Alexander C. Lipsey to two to 15 years in prison for assault with intent to commit great bodily harm less than murder. Payne allegedly beat his girlfriend severely in March after she returned home bringing food for her son, but did not bring Payne a meal.

News articles claim Payne struck Stephanie Janssen so hard that not only did it result in knocking her teeth out and fracturing her skull, it fractured his own hand. Payne allegedly struck Janssen repeatedly; John Anderegg, Assistant Prosecutor, said on Monday that “This wasn’t a single smack to the face.” Anderegg called it “excessive brutality.” Payne pleaded no contest to the charges in November. He was also charged with misdemeanor aggravated domestic assault.

Payne and Janssen shared an apartment in Oshtemo Township when the alleged incident occurred. There was no plea agreement; according to Payne’s sentencing guidelines, he would serve a minimum of 10 to 28 months behind bars. Payne claimed that he is mentally ill, and blamed the attack on his illness. Janssen spoke in court on Monday, telling Payne that he left her and her children with no place to call home. She urged Payne to get the psychiatric help he needs, and to “do something” for himself no matter what the outcome in court.

Anderegg accused Payne of using his mental illness as an “excuse” for bad behavior; Payne has allegedly assaulted five women, and while Payne felt he has served enough time in prison and claimed if imprisoned he would still come out mentally ill, Anderegg told the judge that Payne should be “rewarded” for his past violent behavior with a sentence of up to 15 years in prison. Payne claims he is fully committed to continuing psychiatric treatment in order to rehabilitate himself.

Payne was also ordered by the judge to pay more than $58,000 in restitution for Janssen’s medical bills.

Michigan criminal defense attorneys know the severe penalties individuals convicted of assault crimes face. First-time offenders who are convicted of assault with intent to commit great bodily harm less than murder will face punishment which includes fines of up to $5,000 and prison time of up to 10 years according to Michigan Penal Code 750.84. Because of his status as a second-time habitual offender, Payne will spend up to 15 years in prison.

December 3, 2013

Flint City Councilman Arrested for Marijuana Possession, OUIL

by Scott Grabel

Recently Eric Mays, Flint City Councilman who was elected to the council for the First Ward in November, was arrested for allegedly possessing marijuana and operating under the influence of alcohol. According to news reports, the incident took place early Saturday morning November 30 when police discovered Mays changing a flat tire on I-475.

Police had been dispatched to the scene after receiving reports of a vehicle north of Carpenter Road on I-475 north having four flat tires. When Flint police arrived they were met by Genesee Township officers. Mays was allegedly driving northward in the southbound lanes.

Flint Police Chief James Tolbert issued a news release which stated Mays was additionally cited for failure to submit to fingerprinting and no proof of insurance. Mays was placed in the Flint City Lockup pending his arraignment, which had not been set at the time of news reports.

Crimes involving marijuana or any illegal drug in Michigan are prosecuted vigorously. Even when an individual is caught smoking marijuana, he or she could face a fine of $100 and up to 90 days in jail. While marijuana possession is a misdemeanor offense, the penalties for those convicted may include fines of up to $2,000 and up to one year in jail. Certain factors may leave you facing more serious criminal penalties including criminal history, whether the alleged offense occurred within close proximity of a school, park, or church, whether a weapon was present, and more.

Unfortunately for Mr. May, the alleged crimes of OUIL and marijuana possession may be more damaging to his reputation and career than anything else. This case is a prime example of how anyone, regardless of standing in the community, may be charged with a drug or alcohol related crime.

December 2, 2013

Why Telling your Criminal Defense Lawyer the Truth is your Best Bet

by Scott Grabel

One of television’s greatest fictional doctors and misanthropes, Dr. Gregory House, used to mumble “everybody lies” at some point during each episode. Whether or not his statement is true, there is one time when you absolutely shouldn’t lie: when I’m your criminal defense lawyer and you’re describing your case to me. I need to know everything about the events of the day, the details of your personal life and activities, and the events surrounding the crime. The more I know and the more you tell me, the better able to put together a sound defense for you I’ll be.

My Opinion Doesn’t Matter

Even if you didn’t commit the crime you’ve been accused of, there might be things you’re hesitant to share with me. Keep in mind that I won’t think any less of you or form an opinion about your character. Even if I did, it wouldn’t get in the way of my coming up with a strong defense for you to keep you out of jail or to get the best possible sentence for you based on the circumstances.

December 2, 2013

Man Convicted in April Robbery of Plainfield Township KFC

by Scott Grabel

On April 6 of this year, the KFC located at 4040 Plainfield Ave. NE in Plainfield Township was robbed by a masked gunman who was recognized by two employees despite the ski mask he was wearing. Now, 45-year-old Ronnie Taylor has been convicted on several charges after robbing the KFC store of $2,000.

Taylor was convicted on November 27 of armed robbery, conspiracy to commit armed robbery, being a felon in possession of a weapon, felony firearms, and being a habitual offender according to news reports at Mlive.com.

Two employees at the restaurant said they recognized Taylor, a customer they had seen in the store on numerous occasions. An assistant manager at the location, Kathryn Kasper, claimed that Taylor demanded money, telling her he would shoot her while pointing a gun at her leg.

Taylor allegedly entered the KFC through a door at approximately 11 p.m. after an employee exited and did not lock the door behind him. While wearing a ski mask, he went to the back area and demanded money from the safe while pointing a handgun at employees. A cashier at the store said the $2,000 Taylor made off with was all that was in the safe.

Valery Reusser, a cashier at the store, said that several victims noticed the voice and eyes of the robber were familiar; they determined that Taylor was a former employee’s boyfriend, and said that he used to come into the store as his girlfriend’s shift was ending.

Taylor is thought to have had an accomplice in the robbery, 29-year-old Leonardo Simmons. Simmons role has not been revealed; he is awaiting trial. Taylor is scheduled to be sentenced on December 17.

Armed robbery is a very serious criminal offense, one that is punished harshly in the state of Michigan. In fact, those convicted may face up to life in prison when it is proven a dangerous weapon was used in the commission of the crime, or any article to insinuate the presence of a weapon, regardless of whether one actually existed.

December 2, 2013

Michigan State Police Say Large Meth Labs Declining, One-Pot Methods Remain Steady

by Scott Grabel

Michigan State Police have seen the use of large meth labs on the decline over the past decade, according to a recent news article at Mlive.com. However, police believe the one-pot method which is an easier and faster way to produce methamphetamine may be on the rise.

In the past, makers of meth often used methods which included the use of Anhydrous Ammonia, red phosphorus, and Phenyl02 Propanone. With the one-pot method, ingredients are mixed in a plastic bottle, such as a soda bottle. MSP say that over the past couple of years, this method has remained steady or perhaps even increased a bit.

Lt. Dave Cook, Michigan State Police Detective and commander of JNET (Jackson Narcotic Enforcement Team), said that the “shake-and-bake” or one-pot method takes less time, making it possible to create meth in under an hour as compared to the approximate four hour time span it would take to manufacture meth using the old methods. One-pot meth-making methods are also portable; many people make methamphetamine in their vehicles, after purchasing the ingredients at the store.

The methods previously used in making methamphetamine often resulted in lab explosions, because of the pressure the chemicals used in the process were under. There are also dangers with making meth in plastic bottles, according to the article. Components can corrode the plastic, resulting in a highly flammable, pressurized steam of acidic chemicals which shoot out of the bottle, possibly resulting in injury caused by fire or contamination. Jackson Police Department Lt. Elmer Hitt compared the reaction of water and lithium when contacting with air to that of a flamethrower.

Police are trained on how to identify meth labs, according to Hitt, who said that once the components of a one-pot lab are identified, JNET is called in so that the components can be collected and properly disposed of using containers which are Hazmat approved.

Whether in an old-style lab or using the one-pot method, manufacturing methamphetamine is a serious criminal offense in Michigan which is punished harshly. Depending on the amount of drug involved and other factors, an individual accused of manufacturing meth could face up to 20 years in prison and fines of up to $25,000 if convicted. Drivers license suspension and a Child Protective Services investigation to determine whether your parenting rights should be terminated are also possibilities.

November 29, 2013

Saginaw Woman Pleads Guilty to Two Drunk Driving Felonies

by Scott Grabel

On Friday November 15, 39-year-old Regina Slaughter-Barrera pleaded guilty to two counts of operating a motor vehicle while intoxicated with an occupant younger than 16 – child endangerment, second offense. Slaughter-Barrera also pleaded as a habitual offender with a third offense sentencing enhancement.

The defendant was initially charged with two more counts which included operating while intoxicated, third offense, and operating a motor vehicle while license suspended, denied, or revoked, second offense. Prosecutors in the case dismissed these counts in exchange for her guilty plea.

The charges are in connection with an incident that took place in July, when the defendant was allegedly driving at speeds of 71 mph in a 45 mph zone on M-15 in Portsmouth Township. A Michigan State Trooper alleged that Slaughter-Berrara braked hard as she was headed south near Cass Avenue, then made a right turn onto Cass without signaling.

The trooper alleges that the defendant did not stop immediately after he engaged his emergency lights; when she did finally stop, the trooper saw that two children were in the back seat, as well as an adult female passenger. Slaughter-Berrera told the trooper that she did not have a driver’s license. Court records also indicate she did not have the proper paperwork for the 2006 Pontiac Grand Prix she was driving.

After being unable to perform sobriety tests due to severe intoxication, she submitted to a blood test at McLaren-Bay Region hospital. The defendant’s BAC was determined to be 0.369, more than four times Michigan’s legal limit of 0.08.

Having your driving privilege restored is not an easy process, and requires the skill and experience of a qualified Michigan drivers license restoration attorney. Attempting to have your license restored on your own could result in not only failure, but having to go for a longer period of time in which you will be unable to drive, as you can only apply for a hearing with the DAAD once in a one-year time period.

November 29, 2013

Appealing a Conviction or Sentence in Michigan – Answers to Common Questions

by Scott Grabel

When convicted of a criminal offense such as armed robbery, murder, breaking and entering, or even drug manufacturing or distribution, you may feel you have been wrongly convicted, or that the sentence you received was excessive. Errors are made in Michigan courts, and you may have grounds for appeal. There are some common questions often asked by those considering appealing a verdict or sentence to the Michigan Court of Appeals, including the following.

Should or can I appeal? The simple answer to can you appeal is yes; however the answer to whether you should appeal is a bit more complicated. Did the trial court err, and is an appeal warranted (in other words, do you have strong grounds for appeal)? This is something a criminal appeals attorney can help you decide.

Can I appeal my conviction/sentence without an attorney? While you have the legal right to represent yourself in an appeal, be aware the process is highly complex and risky. You have a much better chance of winning on appeal if you have an experienced lawyer to represent you.

Can I use the attorney who represented me at trial for the appeal? It all depends. Some criminal defense attorneys are skilled and experienced in the criminal appeals process, while others are not. Your criminal defense lawyer may be one of the best in Michigan, however the appeals procedure is an entirely different animal from the criminal justice process. When you are the defendant in a trial, your attorney’s command of the courtroom and ability to connect with jurors may impact whether your case is won. In the appeals process, it’s an entirely different battle which is fought for the most part on paper. Ultimately, you must have a lawyer who is skilled and effective in crafting a compelling and persuasive brief that clearly communicates the situation to the appellate judges.

Is the appeals process lengthy? It certainly can be. Generally speaking, it takes approximately 18 to 24 months from the initial filing for an appeal to be completed. However, there are many factors that determine how long the process will take.

November 29, 2013

Lansing Man Sentenced in Federal Court as a Result of Crackdown on Drug Activity in Northwest Lansing

by Scott Grabel

In January, we wrote about a crackdown on drug activity and violent crime in the northwest Lansing area. The alleged activity was being investigated by the ATF and Lansing police; in all, 19 individuals were arrested for various federal drug and firearm offenses. Now, 24-year-old Merza Mizori has been sentenced to 25 years in federal prison for crack cocaine distribution after being found guilty of distributing more than 28 grams of the Schedule 2 drug.

Lansing Police Chief Michael Yankowski said in an announcement that since the arrest of the group in the Mount Vernon area in January of this year, a departmental crime analysis demonstrated there had been an 80% decrease in calls for police service to the area. Yankowski said in a January news article that he believed the 19 arrested in the sweep of the area were responsible for a large percentage of Lansing’s crime over the past two years.

Once released from prison, Mizori will face five additional years of supervised release according to news reports.

A press release issued by U.S. Attorney Patrick A. Miles office states that Serwan Mizori, Merza Mizori’s brother, was sentenced to 20 years in prison and five years’ supervised release.

In all, ten of the 19 individuals involved were indicted at the federal level, nine were indicted at the state level. Merza Mizori’s street name is “Money Merz,” according to a news article at the Lansing State Journal. Officials began investigating the group in 2010, following a heavy volume of reports related to gun violence and drug trafficking.

Michigan cracks down hard on drug offenders, particularly those suspected of trafficking or distributing illegal drugs and narcotics. Considering Mizori’s current age, he will be about 50 years old before he is released from prison.

November 29, 2013

Saginaw Township Man Likely to Spend More Than Three Years in Prison After Robbing Woman with Screwdriver

by Scott Grabel

Recently, 26-year-old Chad Neiderquill was charged with robbing a Saginaw woman which he knew with a screwdriver. Neiderquill allegedly stole the woman’s prescription medication on September 4 as she was carrying in and putting away groceries.

The victim, 60-year-old Lillian George, told police that Neiderquill was driving in the area as she was putting away groceries, and that he stopped and offered to help her. George said that once all of the groceries were inside, the defendant demanded that she give him her prescription medication, including oxycodone. Saginaw Police Detective Sgt. Reggie Williams said the woman claimed that when she refused, Neiderquill pulled a screwdriver out of a pocket to threaten her, holding it above her head and threatening that if she called police, he would claim George sold him the medications.

On Tuesday November 26, Neiderquill pleaded guilty to armed robbery before Saginaw County Circuit Judge James T. Borchard. He was initially charged with carrying a dangerous weapon with unlawful intent and extortion as well, however prosecutors dropped these charges in exchange for his guilty plea. A news article at Mlive.com indicates that prosecutors will recommend the judge sentence Neiderquill to three years and six months in prison, a minimum sentence for armed robbery according to the defendant’s state sentencing guidelines.

Neiderquill remains in jail on a $75,000 bond, and is scheduled to be sentenced by Borchard on January 9.

In this situation, pleading guilty to armed robbery possibly prevented the defendant from spending up to life in prison. In Michigan, anyone who uses fear, force, or violence in an attempt to steal money or possessions from a person and who does so while possessing or even insinuating the presence of a dangerous weapon may be sentenced to life behind bars according to the Michigan Penal Code 750.529.