The man is facing several assault charges, including assault with intent to murder. The charges stem from a March 11 encounter in which this individual allegedly shot a 15-year-old male in the neck. The accused is also facing a felony possession of a weapon charge, according to police. The man has not yet had the chance to respond to the allegations or to confront the witnesses.
]]> The judge presiding over the hearing has set the defendant's trial date for a few months out. However, both the prosecutor and the defendant's attorney indicated they are working toward a likely plea bargain in the case.Of the multiple serious charges this defendant faces, the one carrying the highest penalties is the charge of assault with intent to murder. That charge holds a potential sentence of life in prison.
The legal defense of serious crimes like those described in the above listed case can be extremely complex and detail-oriented. Criminal cases can often hinge on forensic evidence, or statements from witnesses asked to recall events in the sometimes distant past. A skilled criminal defense will include finding weak spots in the prosecution's case, and demonstrating the ability to deal serious blows to the prosecution's forensic evidence.
When an individual is charged with serious crimes, the prospect of a lengthy prison term can be terrifying. It is important to ask for legal counsel and advice as early in the criminal proceedings as possible, to help avoid mistakes and to increase the odds in favor of dismissal or a not guilty verdict.
Source: AnnArbor.com, "Trial set for man accused of shooting 15-year-old boy in neck," John Counts, May 8, 2012
]]>Under Michigan law, it is illegal to record private conversations. But the accused claims the allegations are unfounded as it was a public conversation happening in a public area. She is charged with one count each of eavesdropping and using or divulging information obtained unlawfully.
]]> The matter came to light in a lawsuit filed in 2011 by half of the Board of Trustees of the township. According to the filed brief, the accused admitted she recorded the conversation during a deposition of the former deputy treasurer's wrongful termination suit. It is claimed that she admitted her recording may have influenced the decision to terminate the employee.According to the Sherriff's Officer Representative, the wrongful termination suit against the township was settled privately.
An arrest warrant was issued for the accused and it is expected that she will turn herself into the authorities. The eavesdropping charge could mean a five-year prison sentence and two years for using unlawfully obtained information if she is convicted.
However, the accused is vigorously defending her actions, claiming the recording was taken in a public part of the township hall. According to her, the court of justice will exonerate her of her crimes, even if the court of public opinion does not.
Michigan residents facing similar charges should remember they are innocent until proven guilty, despite the media's portrayal of them. They should also consider consulting an experienced defense attorney to present an aggressive defense to protect their best interests.
Source: Ann Arbor.com, "Augusta Township clerk accused of eavesdropping: 'I expect to be exonerated'," Kyle Feldsher, May 1, 2012
]]>In 2010, the man was accused of criminal sexual conduct, assault, and home invasion. The alleged victim (a neighbor of the suspect) claimed he had entered her apartment without permission, started groping and kissing her, and later followed her to a laundry facility and attempted to further assault her. While interviewing this woman, the police discovered that the suspect had allegedly stolen a cell phone from another woman in the complex who had recently broken off a relationship with the man.
]]> Although the man was cleared of all the criminal sexual conduct, assault, and home invasion charges, he was arrested for larceny and received a one-month prison sentence for stealing his ex-girlfriend's phone. Now, two years later, the man is accused of stalking the ex-girlfriend whose cell phone he took. He is currently being held on $25,000 bail.The issue is easy to spot: prison time for stealing an ex-girlfriend's cell phone? Bail set at $25,000 for unproven allegations of stalking? Even though he was cleared of all charges, the stigma of criminal sexual conduct clearly remains, and continues to affect the man two years later.
As this man's legal troubles show, having criminal sexual conduct charges on your record can come back to haunt you. Being cleared of all charges sometimes isn't enough; the charges alone have the capacity to negatively influence a defendant's life for years to come. A strong criminal defense team is a necessity to reduce the impact of the charges and prevent years of serious consequences.
Source: The Ann Arbor News, "Man held on $25,000 bond for allegedly stalking woman he dated before prison term," Kyle Feldscher, April 25, 2012
]]>The two men allegedly carried out a baseball bat attack that left one person dead and two critically injured. According to police, the victims were the parents and brother of one of the suspects. Both he and the other suspect have entered "not guilty" pleas.
]]> In most felonies, there is more to the story than meets the eye. In the Farmington Hills case, for example, there is evidence of a systemic failure of the criminal justice system. One of the young men charged in the incident had been battling substance abuse problems for years. Diagnosed with attention deficit hyperactivity disorder and having been under the care of counselors since second grade, the alleged assailant was on probation for a drug offense at the time of the incident.On the day in question, he apparently failed, to report to his probation officer. That probation officer failed to seek a warrant or otherwise track down the troubled man, a mistake that resulted in suspension of the officer and may well have played in a role in the alleged attack. This suspension comes on the tails of the suspension of four other metro Detroit officers in the past five months for similar lapses of duties.
This failure of the probation system is just one of the many elements that may lead to the commission of a crime. When those who need structure and guidance most of all are left alone without supervision, the probation system has failed its purpose of rehabilitation. This failure could very well play a role in a criminal defense strategy, and illuminating factors such as this, are exactly what an experience criminal defense attorney can provide.
An experienced criminal defense attorney has resources not available elsewhere: investigators, polygraph examination preparation, negotiators. If you find yourself facing serious charges, an experienced criminal defense attorney may be the only thing standing between you and life without possibility of parole.
Source: The Detroit News, "'I didn't do any of those things,' sobs 2nd man charged in Farmington attack," Mike Martindale, April 19, 2012
]]>Seventeen months into the program and approximately 3,000 "Super Drunk" drivers with blood-alcohol counts double the legal limit of 0.08 have been taken off the roads. Police officers feel that the harsher penalties double the jail time for first time offenders and up to a one-year suspension of driving privileges is helping to take drunk drivers off the road.
]]> Most individuals who fall under the "Super Drunk" law aren't people who have had a glass or two of wine at dinner; these are serious offenders that have high alcohol counts. Removing these drivers is important for public safety. If a person has a blood alcohol level of 0.20 or .30 they are in danger of blacking out and causing serious accidents.The purpose of the "Super Drunk" law was to sideline drunk drivers. Penalties for being charged under this law include:
With the "Super Drunk" law fairly new, even first time offenders can fall under the serious penalties if charged with drunk driving. The advice of a criminal defense attorney is your best bet if you have been charged with an OWI. Every situation is unique and an attorney can help you figure out the best defense for your case.
Source: The Detroit News, "Mich. Police target 'Super Drunks'," Mike Martindale, April 16, 2012
]]>As a freshman at Michigan, Gaines averaged 11.7 points and 4.8 assists playing 32 minutes a game before he was dismissed from the team for drunk driving. He received a second chance at another school, but also squandered away that chance.
]]> Many college students don't fully comprehend their actions. Some students are away from home for the first time and there are too many temptations that can derail their future. Gaines is hoping that his story and his turnaround will be a lesson for teens that get behind the wheel after a night of partying.After his multiple arrests, Gaines gave up basketball, gained weight and continued to drink and party. His basketball career was over until recently when he decided to make a change in his life and re-establish his basketball legacy.
He gave up drinking and started to live a clean life. He lost the weight and started playing basketball again and is playing for a professional basketball league in Australia. This is a major accomplishment for this man and far from the hard times that he fell on.
Gaines sees the bigger picture of his life now and knows it's more than basketball. He is a father of three and is working to change his legacy. He doesn't want to be remembered only for his OWI arrest in Michigan and his failed college career.
Not everyone who has been arrested for OWI takes such a downward spin, but being charged with OWI can cause serious consequences. If convicted of OWI in Michigan, you could face jail time, probation, large fines, community service, and/or a conviction on your record for the rest of your life. Along with these penalties you could have your license restricted, suspended or revoked. Every situation is unique and only an experienced attorney can help you figure out the best defense for your case.
Source: Las Vegas Sun, "Kevin Gaines turning life around, getting one last chance in basketball journey," Ray Brewer, April 9, 2012
]]>There is a three-tier sex offender registration system for the state and the tiers are divided based on the crime and age difference between the offender and victim. The three tiers are:
If an offender is not in compliance with any of the stipulations, they can be arrested according to the Sex Offenders Registration Act. Violators may be arrested during a traffic stop or at random address checks done by the police department.
Being a registered sex offender will affect every aspect of your life. If you find yourself in a situation where you are being charged with a sex crime, you should seek the advice of a criminal defense attorney. They will work with you to review your charges and work to give you the best defense.
Source: The News-Herald, "Neighborhood sex offenders need to register starting Sunday," Dennis Hinzmann, March 27, 2012
]]>The survey asked 2,131 adults across the United States about their opinions regarding youth and sexting and related legislation. The results showed that adults do not believe that youth sexting should be considered a criminal offense and that counseling and education is a more appropriate punishment.
]]> The poll's director said that 75 percent of adults think schools should provide students and parents with information on sexting and they support requiring teens to perform community service if caught sending or receiving sexually explicit photos. Forty-four percent of respondents thought a fine of less than $500 was appropriate and 20 percent thought it should be considered a crime.Oftentimes teens and minors do not understand or consider the consequences of their actions, let alone the criminal aspects of certain types of behaviors, such as sexting or underage drinking. One wonders if they have even been told that receiving a sexually explicit photo of a minor can be considered child pornography and carry serious criminal penalties if convicted.
Prior to this poll, very little was known about what the public actually thinks about sexting minors and related legislation. As more and more states enact legislation to address the issue, sexting has become a much larger on a national level. If your child has been charged with a sex crime such as sexting, or any criminal offense, an experienced criminal defense attorney can be an invaluable resource for protecting his or her rights and effectively responding to the charges.
Source: UPI.com, "Public against making teen sexting a crime," Matthew M. Davis, Mar. 25, 2012
]]>The accident happened last week when police were called to an accident near Whittaker and Merritt Roads in Ypsilanti Township, Michigan. Officers on the scene reported smelling alcohol on the man's breath and put him into the back of the patrol car so that he could be brought in to take a drunk driving evaluation. While an officer was putting the man into the patrol car, the officer moved the man's backpack and felt a handgun inside. Upon searching the backpack, the officer found a loaded handgun. The man did not have a license to carry the weapon.
]]> The man, 23, was then taken in to have a Breathalyzer test which showed his blood alcohol level to be .16, which is twice the legal limit in Michigan. The man was charged with carrying a concealed weapon, operating while intoxicated and possessing a firearm while under the influence.While this man is facing serious consequences for his actions, if you find yourself in a similar situation, you should seek the advice of a criminal defense attorney. They will work with you to get all of the information regarding the charges that you face and will present to you options for your defense. An attorney understands how each criminal defense case can be complicated and will work for you to give you the best defense.
The defendant in this case will be in court for a preliminary hearing March 27.
Source: AnnArbor.com, "Deputies: Man driving drunk had loaded pistol in backpack," Kyle Feldscher, March 21, 2012
]]>Investigators are watching the site closely after two alleged escorts were found dead and are working to determine if their profile on a different website help connect them with the killer. Unfortunately, most police departments don't have the time or resources to track these online services, so it's challenging to determine if an internet crime is really occurring.
]]> This particular site features thousands of students from across the country including many from the University of Michigan and Michigan State University to name a few. The website is selling a mutually beneficial relationship for businessmen to meet young women. Many of these students use the earnings that they get from the website to pay for tuition, books, room and board. It's the only way that some of the students can pay their way through school.The site is set up for men to pay women cash for their time. According to the website's creator, the women are not escorts, but dates that men are willing to pay for, and not what you would normally think of an escort. Also, the website is set up to prohibit prostitution and has other security measures in place to make sure that everything stays above board. The creator of the site makes his money by having men sign up for monthly memberships to view the local women.
Police remain skeptical and will continue to monitor the site. The website's creator feels that people will try and misuse the site, and they will continue to kick off anyone who veers away from the original set up. While the women, who use the site to pay for school, feel that it's an easy and creative way to pay the bills.
Source: Clickondetroit.com, "Young women make cash through 'escort' service website," Mar. 12, 2012
]]>In Michigan all drivers are subject to a Breathalyzer test and if they refuse, they could receive a hard penalty, which equates to a one year driver's license suspension, six points on their driving record, as well as two years worth of driver responsibility fees of approximately $2,000. Also, if a driver refuses the test, they can be subject to a search warrant.
]]> Most drivers agree to the test and if they at first refuse, they can't go back on their answer. According to patrol officers, they try and make the suspect aware of the consequences for refusing the test and clearly point out that refusing the test may hurt them in the long run.Enforcement for the month of March will be between U.S. 31 between Eighth Street and Holland Street and drivers will see signs warning them of the area. Police will stop vehicles for a variety of reasons including a broken taillight or a burned out headlight. They will also write tickets for other traffic violations like speeding and running red lights.
The goal of these enforcements is to reduce the number of drunk driving accidents. Ottawa County has seen its lowest rate of fatal crashes in 2011 with 11 crashes in which 14 people died. Approximately half of these crashes involved alcohol. Law enforcement feels that it is making progress on getting the message out to not drink and drive.
If you've been charged with OWI, you should speak to a qualified criminal law attorney. They understand the serious consequences that can accompany this charge. If convicted of OWI in Michigan, you could face jail time, probation, large fines, community service, and/or a conviction on your record for the rest of your life. Along with these penalties you could also have your license restricted, suspended or revoked. Every situation is unique and an attorney can help you figure out the best defense for your particular case.
Source: The Holland Sentinel, "Road test," Peg McNichol, Mar. 4, 2012
]]>The man, 46, faces serious charges if convicted and they include: one felony count of repeated sexual assault of a child, one misdemeanor count of battery and a misdemeanor count of disorderly conduct.
]]> The case against the man alleges that he had sexual contact with a 14-year old girl multiple times between July 2007 and September 2007. The complaint also alleges that the defendant had an argument with the girl in 2011 and the victim claimed that the man tried to stop her from leaving a home, by pushing her down and grabbing her throat.If convicted of all of these charges this man could be facing 41 years in prison.
Now imagine yourself facing a mandatory prison sentence, even if you have no prior criminal history. In the state of Michigan, law enforcement can remove computers from your home and restrict access to your own children if you have been charged with Criminal Sexual Conduct.
CSC ranges from allegations of forcible rape, to statutory sexual relations with someone under the age of 16, to possession of unlawful material on your computer. While we don't know the outcome of this case, if you've been charged with CSC, you should seek the advice of a criminal defense attorney. They may be able to help you avoid charges by putting together an effective defense.
The defendant in this case is scheduled to appear back in court for a status conference March 30.
Source: The Daily News, "Markham case moves forward," Nikki Younk, Feb. 20, 2012
]]>According to the police report, deputies arrested him on a warrant for failing to appear in court. They searched his vehicle and found three small bags of marijuana, a marijuana pipe, a digital scale and a loaded handgun on the floor of the front passenger seat. The man admitted that the gun was his. He is now facing a federal gun charge because of previous felony convictions that include carrying a dangerous weapon and possession of a controlled substance.
]]> While we aren't sure how this case will turn out for this defendant, if you find yourself in a similar situation where you have been stopped by police and they find drugs, you will be charged and could face serious consequences. Anyone facing a drug or felony charge could have a lasting negative impact on their lives and they should speak with an experienced criminal defense attorney. They will work with you to get all of the information regarding the charges that you face and will go through the arrest report and make sure that the arrest was done by-the-book to make sure that your rights were not violated. A questionable arrest could include an illegal search and seizure, a coerced confession, entrapment, or asset forfeiture. An attorney understands how a criminal defense case can be complicated and will work to give you the best defense.Source: AnnArbor.com, "Man faces gun charge after traffic stop in Ypsilanti Township," Lee Higgins, Feb. 20, 2012
]]>The woman, 19, has been charged with operating while intoxicated resulting in serious injury and operating while intoxicated.
]]> Police investigating the crash stated that last December, the woman was driving home from a party at 5 a.m. and failed to yield for another driver. At the intersection where the accident occurred, the defendant had a flashing red light, while the victim's car had the blinking yellow light, giving her the right of way. The defendant didn't yield to the victim's car and ended up crashing into her.Both were taken by ambulance to the University of Michigan Hospital. The defendant agreed to a blood test which showed that her blood-alcohol level was 0.14, which is over the legal limit of 0.08.
In 2004, Michigan decreased its alcohol legal limit from 0.10 to 0.08, meaning more people are being charged with OWI. If you've been charged with OWI, you should speak to a qualified criminal law attorney. They understand the serious consequences that can accompany this charge. If convicted of OWI in Michigan, you could face jail time, probation, large fines, community service, and/or a conviction on your record for the rest of your life. Along with these penalties you could also have your license restricted, suspended or revoked. Every situation is unique and an attorney can help you figure out the best defense for your particular case.
Source: AnnArbor.com, "Teenager charge in drunken driving accident in Ann Arbor," Lee Higgins, Feb. 14, 2012
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