Archive for the ‘Felony Crimes’ Category

Michigan Homicide Charges– Junior Beebe Jr. Found Guilty of Murder

Monday, November 21st, 2011

Justin Beebe Jr. was found guilty this summer by a jury in Van Buren County, Michigan in the murder of Tonya Howarth and Amy Henslee. Beebe was accused of killing both women on January 24, 2011. The bodies of the women were found in a shallow grave approximately two feet from Beebe’s trailer. Each of them died as a result of two bullet wounds.

Beebe claimed that Howarth—his long-time girlfriend—came to his trailer and saw him with Henslee, the wife of Beebe’s cousin. According to Beebe, Howarth then shot and killed Henslee in a jealous rage, and that after a struggle, Beebe got the gun and shot Howarth in self-defense. The Van Buren County prosecutors painted a different picture, claiming that he murdered each of them in cold blood. The jury found Beebe guilty of first-degree premeditated murder against Howarth and second-degree murder against Henslee. Beebe will now require the assistance of a highly trained criminal appeal attorney.

This case demonstrates the severe consequences that can occur when a person is accused of murder in Michigan. As any good criminal defense attorney knows, first-degree murder in Michigan carries a mandatory sentence of life in prison without the possibility of parole. Clearly, the stakes are incredibly high, as this is the most serious crime in Michigan. Those who are being investigated for any type of homicide crime must hire an attorney who is very highly-skilled at defending such a severe accusation.

A claim of self-defense can be a powerful tool in the hands of a skilled trial attorney. When properly asserted by the defense, the burden shifts to the prosecution to prove that the actions of the defendant were not taken in a lawful defense of himself or others. The facts of this case are interesting because they involve a claim of actual innocence on one charge and self-defense on another. In the right circumstances, self-defense can be a total defense to an assaultive crime.

The attorneys at Kronzek & Cronkright have over 80 years of combined experience fighting the most serious criminal charges in Michigan. We will work hard to try and achieve a favorable outcome in your case. Our defense strategies often involve retaining medical and scientific experts and skilled private investigators to assist our highly effective trial attorney teams. Contact us to schedule your free initial consultation.

Criminal Defense – Immigration Consequences of a Criminal Conviction

Friday, July 29th, 2011

Something criminal defense attorneys should be very aware of is that defendants who are not United States citizens and are found guilty of, or plead guilty to, certain crimes may face deportation from the United States. Deportation is one of the worst possible scenarios for many defendants, as it could result in them leaving their families and livelihoods behind in the United States.

There are certain categories of crimes that can often trigger the immigration consequence of deportation. The first category is called “aggravated felonies,” though certain misdemeanors are included, as well. In this first category are theft crimes and crimes of violence, such as assaultDUI, and any crime that carries a potential sentence of more than 1 year of imprisonment.

The second category of crime that can trigger deportation is “crimes of moral turpitude.” In general, this encompasses crimes with intent to defraud or steal, crimes with an intentional or reckless infliction of harm to person or property, crimes with some sort of malice, and sex crimes. Thus, courts have held that murderrapeburglarywhite collar crimes, and more are considered crimes of moral turpitude.

The third category of crimes that can lead to deportation includes crimes that are specifically listed in the Immigration and Nationality Act (INA). This category includes most drug crimes, domestic violence, PPO violations, and firearm offenses.

This list is not meant to be all inclusive, and it is very possible that a conviction for any other type of crime could also result in harm to ones immigration status. That is why we recommend contacting a highly-skilled defense lawyer who knows and understands the deportation consequences of a guilty plea or conviction. As you can see, there are many criminal charges that could cause difficulty for a person who is not a citizen of the United States. If you are not a citizen and are facing a criminal prosecution, you need to make sure your criminal defense attorney is aware of your immigration status. At Kronzek & Cronkright, PLLC, we work with highly-qualified immigration attorneys to assist our clients with this issue. As a general proposition, no non-citizen should make a decision about entering a negotiated plea agreement without carefully considering the immigration consequences. We have helped numerous clients with these complex and difficult decisions and are available to consult with you or your loved one.

MI Gun Charges – Michigan Judge Deems State Law Banning Stun Guns Unconstitutional

Tuesday, May 31st, 2011

While it is the goal of every top criminal lawyer to successfully represent their client in court, there is one mission that is more important: protecting the Constitutional rights of every American, particularly those who have been criminal charged. Unfortunately, some laws that are meant to protect U.S. citizens end up stepping on our most beloved rights and freedoms. Most recently, both federal and state courts have widely debated the scope of the Second Amendment–most particularly, what type of “arms” the law is referring to.

The state of Michigan is not exempt from the debate over the regulation and use of firearms. Last month, a Bay County judge handed down a decision that will undoubtedly reshape the implementation of gun laws in Michigan. In his decision, 18th Circuit Court Judge Joseph K. Sheeran ruled that the Michigan law banning the possession of stun guns and tasers is unconstitutional.

Judge Sheeran’s decision came from a case where a Bay City party store worker was charged with a gun crime after wearing a stun gun to work for personal protection. In June 2010, law enforcement officials were called to the store after receiving a disturbance complaint. On arrival, they found Dean Yanna, 41, to be in possession of a stun gun, and the defendant was consequently charged under the state law that bans the use or possession of weapons that deliver electrical currents, impulses, waves or beams. Although Yanna’s co-worker had a handgun when police were in the store, he was not charged with a gun crime because he had a permit to carry concealed weapons. Those that are charged under the stun-gun and taser ban generally are not as lucky–violators of this felony crime face significant consequences if convicted, including up to four years behind bars.

Fortunately for Yanna, however, the 18th Circuit Court ruled in his favor. Judge Sheeran concluded that because Michigan law bans (as opposed to regulates) stun guns and tasers, it ultimately violates the Second Amendment. Citing previous landmark U.S. Supreme Court cases, the judge ruled that “because the court finds that a stun gun is under the Second Amendment, it likewise follows that states may regulate the ownership and possession in the same manner as any other arm. However, this court holds that a total ban of stun guns… is unconstitutional.”

Although Bay County Assistant Prosecutor J. Dee Brooks says he will ask the Court of Appeals to review Judge Sheeran’s decision, it still could pave the way for major changes to be made in Michigan firearm laws. The delicate balance between the preservation of public safety and Constitutional rights will not always tip in favor of the defendant, and those convicted of gun crimes (including those involving stun guns and tasers) will face serious consequences as a result. Because the stakes are so high, it is essential to contact top criminal attorneys in Michigan for the best protection of your personal freedoms. Having an experienced gun defense lawyer by your side in court will help make sure that your rights are protected in court, ensuring a fair trial for your case.

 

Top Criminal Attorneys – Michigan Ex-Cons Find Difficulty in Landing a Job

Tuesday, May 24th, 2011

One does not need to be a top criminal lawyer in Michigan to know that the state’s economy has been on a downward spiral for the last few years. Finding a job for educated, law-abiding citizens is incredibly difficult, and many Michigan residents have found themselves going into debt or foreclosure while trying to find work. However, there is a group of people who have an even harder time landing a job in Michigan: ex-convicts.

An example of such a person is 43 year-old Michael Marsh, who was released from prison in 2009 after serving ten years for second-degree criminal sexual conduct with a child under the age of 13. It did not take Marsh long to discover that the consequences of criminal convictions last much longer than one’s jail or prison sentence. Over the course of 18 months, Marsh filled out over 200 job applications but was only called for four interviews, each of which ended in disappointment after employers learned that he was an ex-felon. Disheartened, Marsh explained “I went to prison, did my time, and according to laws and churches, everyone should be forgiven and have a second chance. Under this crime, I don’t get a second chance.”

According to research conducted at Michigan State University, Marsh’s difficulty landing a job is not uncommon. The study reported that 30 percent of employers absolutely refuse to hire ex-felons, and that persons convicted of sexual crimes have the most difficult road to finding employment. Besides being restricted from employment in certain places (i.e. schools), paroled sex crime convicts are largely turned away due to the social stigma associated with their crimes. When deciding whether or not to give a released felon a job, employers look at many things, such as the duration since the offense and the liabilities the business may face as a result. The study pointed out that employers are far more likely to hire ex-convicts who have showed signs of rehabilitation.

Having outside assistance after release from incarceration is crucial to reintegrating ex-cons into society. Even though most employers would turn away an ex-convict applying for a job, some employers (namely non-profits) offer short-term employment, usually through the Michigan Prisoner ReEntry Initiative. This program provides tools that help paroled convicts reintegrate themselves into society, such as assistance with resumes and cover letters, access to a statewide job bank, and opportunities to build their skills.

Although there are many obstacles on an ex-convict’s road to landing a job, about 44 percent of people who take advantage of assistance programs (such as the Michigan Prisoner ReEntry Initiative) find some way to make a steady income. As this number continues to grow, employers are encouraged to hire ex-felons through the Work Opportunity Tax Credit, which offers business owners 40 percent of a hired ex-convict’s salary if he or she is employed for at least one year. And if the tax incentives are not good enough for employers to consider hiring an ex-con, many business owners who have taken a chance on these individuals found themselves “impressed by their work ethic,” turning them over at a far lower rate than other employees.

Michigan judges do not factor in future employment problems when deciding on an appropriate sentence for a convicted person. As top criminal attorneys in Michigan, it is difficult for Kronzek & Cronkright to turn a blind eye to this problem. Our justice system simply cannot be effective if we do not provide for the full rehabilitation of paroled offenders. In fact, those who do not receive assistance after release are the most likely to return to jail or prison, costing taxpayers even more money to keep them locked up. Instead, it is a much better idea to work with paroled convicts so that they may not only reintegrate themselves into society, but also move on with their lives as law-abiding citizens.

Drug Defense Lawyer – Michigan Attorney Uses ‘Smell Expert’ to Defend Couple Accused of Drug Crimes

Monday, May 2nd, 2011

In municipal, state, and federal courts across the country, drug crimes (and their punishments) are often among the most popular topics for debate. While some states have enacted medical marijuana laws, any top criminal lawyer would warn people to watch out: if a law enforcement officer has reasonable suspicion that one has illegal drugs, you could be subject to arrest.

This is exactly what happened to Trace and Jennifer Thoms, who were both arrested on three marijuana charges, money laundering, and conspiracy. The arresting officer, a 20 year police veteran, Kyle Young, arrested the couple after he “smelled” the marijuana plants while in his parked patrol car. This is not the first time that Young has used his keen sense of smell to investigate marijuana grow operations. Since 1998, Young estimated that he has discovered and seized between 100 to 150 grow houses.
On the day of the Thoms arrest, Young was driving in a residential area near their home when he smelled a “strong odor of cultivating marijuana.” The downwind smell combined with his previous suspicions led Young to the Thoms residence. Upon checking property records he discovered that Trace had been previously convicted of a felony marijuana charge, amongst other things. The family utility bills also gave Young reason to be suspicious–Jennifer had two electricity accounts in her name, with an average monthly bill totaling $800.

When law enforcement officials searched the Thoms’ home, they discovered a sizable marijuana grow operation with budding plants located in an outbuilding behind their house. Prosecutors in this case argue that because so many marijuana plants were found, it “would tend to establish the likelihood that there was a strong odor of marijuana present on that date.”

However, U.S. District Court Judge John Sedwick was far from convinced. Officer Young testified that he smelled the marijuana while in his vehicle, located approximately 450 feet away from the outbuilding. As if this suspicious distance was not enough to raise eyebrows, the outbuilding also had no windows and only two doors–both of which were completely insulated and sealed. Additionally, Trace testified that he changed the air filter in the outbuilding on a weekly basis to make sure that no smell floated from it.

To provide additional support for the defense, a smell expert was hired to testify against Young. David Doty, the director of the Smell and Taste Center at the University of Pennsylvania School of Medicine determined that there was a ‘zero’ probability that anyone could have smelled marijuana in that situation. For Young’s claims to be true, Doty concluded that several factors must have happened all at once–the air filter would have been malfunctioning and the air current must have carried the odor an extensive distance before reaching Young. Because there is no evidence of these things happening, Judge Sedwick ruled that his sense of smell was not justifiable cause for Officer Young to exercise a search warrant. As a result, all the seized evidence (about 500 marijuana plants) was thrown out, along with the drug charges against the Thoms.

Even though this case is one every drug defense lawyer would applaud, it is important to remember that searches on bad information can still be legal if the officer acted in good faith. The consequences of a drug crime conviction can be severe and life-changing, including steep fines and lengthy prison sentences. Like the Thoms, it is important to hire the top criminal attorneys in your area, who have years of experience protecting defendants against drug charges. Because of the severe consequences associated with drug crimes, you cannot afford to wait–contact help now.

MI Drug Crimes – Michigan Marijuana Bust Made With Help by Local Post Office

Tuesday, March 29th, 2011

As the government, courts, and prosecutors continue their “war on drugs,” one does not need to be a top criminal lawyer to know that being accused of a drug crime is a big deal. Although the punishments vary depending on the amount and type or “Schedule” of the narcotic(s) involved, conviction of any drug crime will change one’s life forever, likely resulting in excessive fines and lengthy prison sentences.

Because law enforcement officials cannot be everywhere at once, police often use tips from individuals who witness suspicious activity and report it. Such are the circumstances in a recent case that came to the attention of every Michigan drug defense lawyer; after receiving tips from Lansing postal workers, police arrested four individuals in connection with marijuana drug crimes.

Those handling the mail are always on the lookout for suspicious items that could be illegal, dangerous, or both. Should they suspect something is wrong with a package or piece of mail (such as that it contains drugs, or other illegal substances), they will immediately report it to police. Despite the risks of sending drugs through the mail, many defendants of drug crimes were caught this way.

In this particular case, Lansing postal workers tipped off police that packages containing huge amounts of marijuana were being delivered to a local home. This information was sufficient for police to obtain a search warrant to investigate the residence in question. During the search, law enforcement officials seized 16 pounds of marijuana and arrested four people in connection with the drug crime–two men from Flint, and a man and a woman who lived at the residence being searched. Because children were also living in the home where illegal activity was being conducted, the kids were taken from their parents and placed with relatives.

As seen by the case described above, accusation of drug crimes in Michigan can have serious consequences. Besides high fines and possible incarceration, one’s parental rights can be put in jeopardy. To protect yourself against the stern penalties associated with a drug crime conviction, it is essential to seek top criminal attorneys to help you. Finding the most experienced and knowledgeable drug defense lawyer who is able to give you the best legal advice and legal representation will help to ensure that your rights are fully protected. Do not gamble with your future, seek out legal assistance for your drug crime arrest today.