August 30th, 2010
Since voters enacted the Michigan Medical Marihuana Law in 2008, the state has been embroiled in a debate on how to appropriately implement the legislation. Dispensaries have opened across the state, but experienced criminal lawyers in Michigan warn patients and caregivers that their rights could still be interfered with. Should police think that any part of the law is being violated, a person may be subject to arrest and serious criminal charges.
Last week, police arrested 15 people after a two month investigation. Prosecutors allege that the operators of three Michigan medical marijuana dispensaries were illegally distributing the drug to people without proper documentation. The Oakland County Sheriff’s Narcotics Enforcement team raided Clinical Relief in Ferndale and Everybody’s Cafe and Herbal Remedies in Waterford. According to The Detroit Free Press, law officials confiscated a laundry list of items including marijuana, $30,000 in cash, grow lights, patient records, firearms, and two guard alligators.
The law maintains that individuals who have received the proper medical clearance may legally possess up to two and a half ounces of marijuana. In order to qualify, the person must suffer from a chronic or debilitating disease, such as cancer, glaucoma, or AIDS. The law does not specify that patients or caregivers are required to buy the drug from dispensaries; some choose to grown the marijuana themselves.
Although prosecutors maintain that illegal activity took place, the dispensary operators promise to fight back. Ryan Richmond, co-owner of Clinical Relief defended his partner, who was among those arrested. “What we do is legal. What they did with those raids was illegal.” Like other recent medical marijuana cases, it is likely that a courtroom showdown will begin. The battle will be between those looking to curb the industry and those others looking to expand it.
While it is unknown what the outcome of this case will be, it is certain that the debate over medical marijuana is here to stay, at least for now. As the scope of the law continues to be clarified, people who are lawfully complying with its regulations are still arrested and face serious drug charges. If convicted, a person may be subjected to stiff fines or even jail time. To protect yourself against such consequences, it is essential to contact hard-working and aggressive criminal attorneys in Michigan. Hesitating to do so can make a difference when it comes to the choice of maintaining your rights or spending time in jail.
Tags: Criminal Attorneys in Michgian, Criminal Charges, Criminal Lawyers in Michigan, Drug Charges in Michigan, For Your Information, Legal Advice, Legal Defense, Legal Representation, Medical Marijuana, Michigan Medical Marijuana, Michigan State Law Matters
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August 23rd, 2010
Just like a small child misbehaving, acting inappropriately in a public place can land a person in a whole mess of trouble. Should law enforcement officials be alerted to your out-of-line behavior, it is possible that you could face serious consequences including criminal charges and even jail time. Throughout the career of experienced criminal lawyers in Michigan, it is common to see outrageous cases involving persons who are arrested for acting out in public. However, a recent example of a Flint couple arrested after refusing to leave a restaurant bathroom may be a first.
Last Friday, law enforcement officials were alerted to a disturbance at a Flint restaurant on S. Saginaw Street. According to restaurant management, a couple locked themselves in the bathroom. Most of the staff alleged that the two were having intercourse in the bathroom. Despite the restaurant employee’s best efforts to get the couple to leave, they had no success.
When the police finally arrived, they tried to ask the two to leave the bathroom. At this time, the couple became “irate and belligerent in public.” Both individuals attempted to resist arrest, and the female suspect allegedly assaulted an officer in the altercation. Although it is unknown whether the two were intoxicated at the time, both were arrested by police for various criminal charges. Officers booked the woman for resisting arrest and assault charges in Michigan, while the man was charged with attempting to interfere with police.
As seen by the aforementioned example, publicly displaying inappropriate behavior can land you in a mess of trouble. Conviction of these charges can haunt your record, and even result in substantial fines or probation time. To ensure that this does not happen to you, it is essential to pro-actively seek knowledgeable and aggressive criminal attorneys in Michigan for assistance. Doing so quickly will make sure you receive the legal advice and legal representation needed to give you the best possible chance at keeping a criminal conviction off your record.
Tags: Assault Charges in Michigan, Criminal Attorneys in Michigan, Criminal Charges, Criminal Lawyers in Michigan, Legal Advice, Legal Defense, Legal Representation, Resisting Arrest Charges
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August 23rd, 2010
According to the Second Amendment, persons over the age of 18 without any previous convictions are allowed to carry a firearm for self defense. However, there is often a very fine line between using a gun for protection and displaying a weapon with intent to assault someone. As this debate has been particularly heated in recent months, these cases are often seen by experienced criminal defense lawyers in Michigan. However, in many instances, the jury is divided over firearm issues. A recent example is that of a road rage shooting case that left the jury deadlocked, resulting in a mistrial.
While stopped at a traffic light in Farmington Hills, pizza delivery man Carl Mintz, 28, was approached by two outraged persons. Allegedly Faith Said, 20, and another man were driving behind Mintz, and were angry that he had been hitting his brakes frequently. According to testimony, Said spit on him and threatened him during the altercation. Believing that she was reaching for a weapon, Mintz grabbed his gun and shot her in the elbow. Even though he was legally permitted to possess the gun, Mintz was still arrested and charged with assault charges in Michigan, a ten year felony.
The jury deliberated this case for several days before determining a mistrial–according to The Detroit Free Press, nine jurors wanted to acquit Mintz believing that the prosecution failed to prove its case. However, three jurors disagreed leaving them at a deadlock.
As a result, it is likely that a plea bargain will be reached rather than retrying the case. The charges against Mintz may be reduced to a misdemeanor count of reckless discharge with a firearm. Once released on bond, Mintz will be required to wear a tether until his next court date in mid-October.
This case shows how fine the line is between personal protection and unlawful firearm use, and how divided people are over it. Although a majority of the jury sided with the defense, being accused of assault charges is no laughing matter. Conviction of these offenses will have life-changing consequences almost certainly resulting in jail time. To protect yourself and your personal freedoms, it is essential to contact knowledgeable criminal defense attorneys in Michigan. Doing so quickly is the first step to ensuring you receive the best legal advice and legal representation for your case, sure to keep you at home and not behind bars.
Tags: Assault Charges in Michigan, Criminal Charges, Criminal Defense Attorneys in Michigan, Criminal Defense Lawyers in Michigan, Felony Arrests, Gun Charges in Michigan, Legal Advice, Legal Defense, Legal Representation
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August 19th, 2010
Whenever anyone is arrested on criminal charges, police commence an interrogation process to uncover more information from the suspect. However, experienced criminal lawyers in Michigan warn that what is said during this time will have a significant impact on the case. While this information is generally used against the defendant, Michigan legislators are making efforts to ensure that police interrogations remain fair and transparent.
In July 2010, the Michigan House of Representatives passed a bill introduced by Representative Rashida Tlaib, D-Detroit, which would require the videotaping of all police interrogations of suspects accused in felony crimes. Many criminal defense attorneys support the measure, as it works to keep the system honest for both police and the suspect in question. Additionally, a video statement is a very strong piece of evidence that can work to defend or convict a defendant–making it a necessary component of a criminal trial.
However, several law enforcement officials have raised concerns regarding the bill, now pending approval in the Senate. Some police officers worry that the price of the machinery is far too high, costing roughly $6,000 per police department for both equipment and training. Additionally, officials have also expressed that malfunctioning equipment could negatively impact criminal cases. Should those circumstances arise however, police are allowed to explain why the statement was not recorded, limiting any consequences.
As the Senate must decide whether this bill will pass, it is unknown whether the measure will make its way into Michigan law. Being accused of a criminal offense is a scary experience for anyone to go through, and this proposal could ensure that the rights of a suspect are protected, even during the interrogation process. Because the consequences of conviction can be very severe, it is important to contact knowledgeable and aggressive criminal attorneys in Michigan. Doing so will ensure the best legal advice and legal representation for your case, preventing the loss of personal freedoms and liberties.
Tags: Criminal Attorney in Michigan, Criminal Charges, Criminal Lawyers in Michigan, Felony Arrests, For Your Information, Legal Advice, Legal Defense, Legal Representation, Michigan State Law Matters
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August 16th, 2010
As the HIV virus continued to spread during the 1980s and 1990s, 32 states (including Michigan) passed legislation dealing specifically with the disease. Since that time, criminal defense lawyers in Michigan have represented several inflicted persons in court for somehow spreading the virus to others. If convicted of the bio-hazardous charges against them, suspects can face substantial consequences including jail time. Such is the case of a Michigan woman, sentenced to time behind bars for failing to share her medical condition when legally required.
Police arrested the 54 year-old Michigan woman after her previous sexual partner reported her, stating that she failed to tell him that she was HIV positive. From June 2009 to January 2010, the man had intercourse with the suspect at least six times, but stopped the relationship once he discovered that she was infected with the virus. Pleading no contest to the charges against her, the woman was sentenced to serve 11 months in jail for her actions.
According to the 1998 Michigan Disclosure Law, it is illegal for an HIV positive person to engage knowingly in sexual intercourse without disclosing their medical condition to their partner first. While the state has other laws regarding the transmission of dangerous diseases, the spread of HIV is the only one considered a felony.
Despite the legislation’s good intentions, many experts believe that the law could be abused, and is unbalanced. For example, sharing needles without disclosure is not criminalized by the state of Michigan, even though this is the most common form of transmission. However, sharing a sex toy without disclosure is illegal, although such a case has never been reported. The Obama Administration also recognized the imbalance, issuing the National HIV/AIDS Strategy, designed to review and change or repeal HIV-specific criminal laws across the country. According to the strategy outline, “the continued existence and enforcement of these types of laws run counter to scientific evidence about routes of HIV transmission and may underline the public health goals of promoting HIV screening and treatment.”
Even though efforts have been made to change the legislation devoted to the HIV/AIDS virus, numerous failure to disclose laws remain in place across the country. Those accused of such charges face numerous consequences, as both a person’s freedom and reputation are at risk. To protect yourself from the serious repercussions associated with disclosure laws, it is essential to contact knowledgeable criminal defense attorneys in Michigan. Using the best legal advice and legal representation, aggressive trial lawyers will work to ensure that criminal charges do not follow you for life.
Tags: Criminal Charges, Criminal Defense Attorney in Michigan, Criminal Defense Lawyer in Michigan, Felony Arrests, For Your Information, Legal Advice, Legal Defense, Legal Representation, Michiagn Disclosure Law, Michigan Felony Disclosure Law, Michigan State Law Matters
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August 16th, 2010
Depending on the occupation a person has, individuals are held to certain sets of standards. Medical practitioners must maintain a particularly high standard, as they are required to provide an appropriate level of care for patients, while using safe medical tools. Failure to do so can result in serious criminal charges, sending the physicians to see another group of professionals held to high standards: criminal defense lawyers in Michigan.
The relationship between doctor and patient is a delicate one that the courts take very seriously. This is clearly shown in the case of dermatologist Dr. Robert Stokes, who was convicted of 31 counts of health-care fraud in Michigan. Allegedly, he would sterilize medical tools and reuse them on different patients, even though it is contrary to suggested practice. Many feared this would spread dangerous diseases such as HIV or AIDS, as the medical instruments were used on numerous patients, instead of just one. As a result, a U.S. District Court sentenced Dr. Stokes to serve 126 months (approximately ten and a half years) behind bars, citing that he took advantage of “vulnerable victims” to engage in unlawful conduct.
The defense trial attorneys for Dr. Stokes appealed the decision, taking the case all the way to the Sixth Circuit of the U.S. Court of Appeals. While the three-judge panel affirmed his conviction, they found that the lower court misapplied the “vulnerable-victim enhancements” part of the sentence–a factor that could unnecessarily increase a defendant’s sentence.
According to federal law, a “vulnerable victim” is a person who is susceptible to abuse due to age, physical or mental condition, or connection with the other party. The original ruling maintained that his patients were each vulnerable because they are easily susceptible to fraud as as result of the relationship between a doctor and patient. However, the U.S. Court of Appeals found that this was misapplied, as vulnerable victims as the definition is usually based on a family relationship. The judges consequently ruled that the sentence determined by the lower court was inappropriate because this factor was miscalculated. As a result, the case was sent back to the U.S. District Court for re-sentencing.
While a date for Dr. Stokes’ next appearance in court has yet to be set, his case shows how serious accusations of fraud can be, particularly for professionals who are held to a required code of ethics and practices. Not only is one’s job at stake, but the defendant will almost certainly face jail time as well. To protect yourself against these consequences, it is essential to pro-actively seek the best legal defense for your case. Contacting hard-working and knowledgeable criminal defense attorneys in Michigan will provide the legal advice and legal representation needed to protect your occupation, reputation, and your personal freedom.
Tags: Criminal Charges, Criminal Defense Attorneys in Michigan, Criminal Defense Lawyers in Michigan, Fraud Charges in Michigan, Health-Care Fraud in Michigan, Legal Advice, Legal Defense, Legal Representation, White Collar Crimes, White Collar Crimes Michigan
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August 12th, 2010
Any person accused of murder charges should be very afraid. Experienced criminal defense lawyers in Michigan can attest that conviction will have life-changing consequences, including a lengthy prison sentence. In some cases, however, the punishments can be much more severe- even including the death penalty. Although the state of Michigan was the first to outlaw capital punishment in 1847, those prosecuted for federal crimes could still face this devastating fate. Such an example is seen in the recent murder conviction of a Detroit man, who is also facing the death penalty for his role in the incident.
During a 2001 bank robbery, Timothy O’Reilly allegedly shot and killed armored truck guard, Norman “Anthony” Stephens, while he worked at the Dearborn Federal Credit Union. Almost ten years later, federal jurors in Detroit found O’Reilly guilty of murder charges in Michigan, subjecting him to all the harsh legal consequences that accompany it. However, prosecutors are determined to take the defendant’s punishments a step further. They want the court to impose the death penalty.
During the penalty phase of the trial, the prosecution is likely to present victim impact statements from Stephens’ family members to help convince the jury that capital punishment is appropriate. While this testimony is limited to a certain extent, history is certainly not on O’Reilly’s side–the last person executed in Michigan was also convicted of murder during a bank robbery. Nonetheless, capital punishment cases are both rare and difficult to prosecute, as the death penalty decision must be unanimous amongst the jury members. It is expected that the jury will announce O’Reilly’s sentence next week, whether it be life in prison or death.
As seen by the example of Timothy O’Reilly, the consequences for a murder conviction are no laughing matter. While the death penalty is not imposed often, it is still possible, ultimately making it the most extreme punishment in existence. For the best protection of your right to life, it is essential to contact hard-working and knowledgeable criminal defense attorneys in Michigan immediately. Acting quickly will ensure the legal advice and legal representation needed to present a strong defense, designed to make sure the worst does not happen to you.
Tags: Armed Robbery Charges, Capital Punishment in Michigan, Criminal Charges, Criminal Defense Attorneys in Michigan, Criminal Defense Lawyers in Michigan, Death Penalty in Michigan, For Your Information, Homicide Charges in Michigan, Legal Advice, Legal Defense, Legal Representation, Murder Charges in Michigan
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August 10th, 2010
Under the Second Amendment, American citizens are allowed to keep and bear arms for personal protection. Michigan state law also has its own provisions regarding gun use, as well as locations where firearms are not allowed. Nonetheless, any criminal defense lawyer in Michigan could testify that this topic is a heated one, often brought up during the planning of festivals or events that draw large crowds.
Among the most recent examples is the Arts, Beats, and Eats festival, the largest in Oakland County. Taking place in downtown Royal Oak, vendors will line the sidewalk for live music, art shows, and food tasting. While this event is certain to be fun for all, many citizens are concerned that their rights regarding gun use will be violated. Some, like Mary Mataczynski of Warren, believe that bringing firearms to the festival is both intimidating and inappropriate. “I’m nervous…with all of these guys carrying guns. Just because it’s the law… There’s a time and place: It’s just not where guns belong,” she explained.
Although the city of Royal Oak made an agreement with festival vendors banning firearms from the event, many gun advocates say they still have the right to carry weapons to the event. Under Michigan state law, any person aged 18 and older without prior criminal conviction can openly carry a gun in most locations. The rule prohibits firearms from being carried in banks, churches, court rooms, sports arenas, theaters, day cares, federal buildings, or liquor stores.
As this list does not include county festivals, groups such as Michigan Open Carry maintain they can keep their guns with them. Auburn Hills resident and Open Carry member Dan Meadows explained that preventing firearms from being at the event is insulting to both veterans and their personal rights. Meadows stated: “It’s a deep insult and disrespect for our veterans (not to allow open carry at the festival). Join us in demanding that your basic rights are protected.”
While a decision is likely to be announced next week, the debate regarding appropriate gun use in the state continues. Even though firearms are banned from select locations, Americans have the right to keep and bear arms under the Constitution. If your rights to own and carry a gun have been violated, it is essential to have superior legal assistance on your side. Contacting aggressive and knowledgeable criminal defense attorneys in Michigan is the first step to ensuring that your personal freedoms and rights are protected–no matter what.
Tags: Constitution, Criminal Charges, Criminal Defense Attorneys in Michigan, Criminal Defense Lawyers in Michigan, For Your Information, Gun Charges in Michigan, Legal Advice, Legal Defense, Legal Representation, Michiagn Gun Laws, Michigan State Law Matters, Second Amendment
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August 9th, 2010
Generally, those who seek legal assistance from sex crime lawyers in Michigan are doing so after being suspected of a sexual offense. Rape is among the most serious in the eyes of the public and the law, as these individuals are accused of forcing sexual contact on a person without their consent. On these basic grounds, the legal consequences of rape charges, like all criminal sexual conduct offenses, will change the life of the convicted forever.
In recent weeks, however, sex crime cases abroad have brought to the forefront many questions regarding consent and how it is achieved. After posing as a Jewish bachelor interested in a long-term relationship, Sabbar Kashur, 30, had consensual sex with a woman. However, when she found out that Kashur was an Arab, and not a Jew, she filed a complaint with law enforcement officials accusing him of both rape and indecent assault. The Middle Eastern courts agreed with the woman, convicting Kashur of “rape by deception” and sentencing him to spend 18 months behind bars.
Even though this criminal sexual conduct case happened abroad, it has still raised several questions regarding how consent is derived in the United States. Many object to the ruling, as anytime one indulges in a sexual relationship with someone they barely know, a great risk is being taken. Some responsibility must be shared, as the person being lied to still chose to engage in sexual contact, despite their lack or certainty of information.
Many states across the country have enacted legislation dealing with “unequal relationships” of sexual contact, such as intercourse between a doctor and patient, or teacher and student. Additionally, a handful of states, including Michigan, have rape by fraud or coercion laws. Despite this, defining fraud in equal relationships, such as the one describe above, is much more difficult. Law professor Patricia Falk raises this analogy: “What’s the difference between ‘I will love you forever and we’re going to get married’ and ‘I am Labron James?’ What constitutes romantic inducements and things that are fraudulent enough for the law to take recognition of?”
Regardless if consent was obtained or not, being accused of rape charges is still a scary and life-changing experience for anyone to go through. Not only will conviction result in life-long stigma as a sex offender, but the person will also face stiff jail sentences as well. Because the consequences of criminal sexual conduct charges are so severe, it is essential for a suspect to pro-actively seek the best legal defense available for the case. Acting quickly to contact an experienced and aggressive sex crime attorneys in Michigan will ensure the legal advice and legal representation needed to present your case in court, ultimately protecting both your reputation and your personal freedoms.
Tags: Assault Charges, Criminal Charges, Criminal Sexual Conduct, For Your Information, Legal Advice, Legal Defense, Legal Representation, Sex Attorneys in Michigan, Sex Crime Charges, Sex Lawyers in Michigan, Sex Offense Charges
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August 2nd, 2010
Experienced criminal defense lawyers in Michigan provide legal assistance to a variety of people undergoing the same scary experience: for one reason or another, police put them under arrest for criminal charges. While this is a stressful situation for anyone to go through, it is important to cooperate with the legal system and stay put. Running from law enforcement may seem to work in the short term, but police will search for you even if it takes years. Such an example is seen in the out-of-state arrest of a man who escaped from a Michigan prison over 30 years ago.
In 1976, the court system convicted Steven Gillin of burglary charges in Michigan, resulting in a three to 15 year prison sentence. Instead of serving his time, Gillin escaped from the Michigan Department of Corrections and traveled out-of-state. Assuming the name Thomas Evans, Gillin evaded law enforcement officials for 34 years living in various communities with unknowing neighbors.
Over the years, he started a small construction company and started living with his girlfriend. But after being arrested for assault and damage to personal property, his alias started to fall apart. When questioned by police, Gillin identified himself as Evans and was released on a written promise to appear in court.
Investigating the case later that day, police matched “Evans” fingerprints to Gillin, who had a substantial criminal record while maintaining his alias. Between 1991-2000, Gillin was arrested for several charges including driving while intoxicated, driving with a revoked license, and others. However, his identity was likely harder to uncover because, at that time, law enforcement officials did not have the use of fingerprinting technology. For the past three years, Michigan police have fingerprinted each person suspected of a misdemeanor to help identify repeat offenders and those assuming another identity, such as Gillin.
Local police officers arrested Gillin, jailing him without bond on a fugitive warrant. In addition to the stiff escape charges in Michigan he will undoubtedly face, law enforcement officials will also prosecute him for obstruction of justice for lying to his local magistrate about his true identity. If convicted of the charges against him, the 34 year prison escapee will likely be ordered to a significant time behind bars, if not a life sentence.
The example of Steven Gillin shows that you can run from the legal system but you cannot hide. As if the original charges against a suspect were not problematic enough, attempting to escape will almost certainly increase the offenses charged against the defendant. For a criminal suspect, running away will not help avoid punishment, instead it will substantially increase it. When suspected of a criminal offense, do not flee. Instead contact hard-working and aggressive criminal defense attorneys in Michigan for assistance. Acting quickly will ensure the best legal advice and legal representation for your defense, designed to keep criminal charges from changing your life forever.
Tags: Assault Charges in Michigan, Burglary Charges in Michigan, Criminal Defense Attorneys in Michigan, Criminal Defense Lawyers in Michigan, Drunk Driving Charges, Felony Arrests, For Your Information, Legal Advice, Legal Defense, Legal Representation, Theft Charges in Michigan
Posted in Assault Charges, Criminal Charges, Felony Arrests, For Your Information, Theft Charges | 3 Comments »
