Posts Tagged ‘Criminal Attorney in Michigan’

Michigan Sentencing – Federal Judge Dubs Fair Sentencing Act of 2010 “Not Quite Fair”

Thursday, June 16th, 2011

Recently, a federal appeals court judge jokingly called The Fair Sentencing Act of 2010 “The Not Quite as Fair as it could be Sentencing Act of 2010.” This is because, although the act lessened the gap between penalties for crimes involving crack and powder cocaine, the act only applies to offenses committed after the law went into effect last August, 2010.

Because criminal cases take time to navigate through the federal court system, federal judges are still sentencing defendants for crack cocaine crimes committed before the law went into effect. Thus, these defendants are being sentenced much more harshly than they would have been had their offense taken place after August, 2010. When drafting a federal law, Congress has the option of making the law retroactive (meaning it would apply to those defendants who committed the offense before the effective date of the law, but whose sentencing is still occurring). However, Congress did not do this with The Fair Sentencing Act of 2010.

Federals judges report having a tough time sentencing a defendant based on the old federal crack cocaine sentencing law, which Congress clearly showed its distaste for by repealing. One federal judge, Terence T. Evans, recently wrote in one case, “We have sympathy for the two defendants here, who lost on a temporal roll of the cosmic dice and were sentenced under a structure which has now been recognized as unfair.”

Cocaine crimes, like any other drug charge, are taken seriously by law enforcement and prosecutors. Especially when it comes to federal drug crimes, defendants are likely to end up in federal prison. And because The Fair Sentencing Act of 2010 was not made retroactive, prison sentences for defendants convicted of crack cocaine offenses continue to be longer than those of defendants convicted of powder cocaine offenses.

If you are being investigated for, or have been charged with, a Michigan or federal drug crime, you need a team of expert criminal defense lawyers. Your attorney can help you with every stage of your case, including plea negotiations, trial, and sentencing.

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Posted in News on Crime, Sentencing | No Comments »

MI Computer Crimes – Michigan Woman Uses Internet Game To Solicit Sex With Teen

Tuesday, December 7th, 2010

Increases in technology have allowed people from all over the world communicate with one another faster and easier than ever before. However, as the world turns into a virtual one, more criminal activity is conducted over the Internet. A top criminal lawyer in Michigan has likely handled many types of computer crimes ranging from trafficking illegal materials online to soliciting sex from minors. An example of this is seen in a recent case where police arrested a Michigan woman who traveled out-of-state to have sexual contact with an underage teen whom she met through a popular internet game.

Police regard the case of Lowell resident Angie Jenkins, 35, as being unique as she is one of the first women to be charged with using the Internet to contact a minor for sex. While using the popular online game “World of Warcraft,” Jenkins, a Kent County resident, began communicating with a 15-year-old in 2009. According to reports, the two chatted several times over the Internet and on the phone for several months before agreeing to meet in person. Last June, Jenkins traveled from her Grand Rapids area, Michigan home to visit the boy, who had since turned 16.

According to FBI investigations, the two engaged in sexual activity in a parked car outside a department store.
Initially, both Jenkins and the youth lied to each other about their ages. The boy told her he was 20 years-old, while Jenkins maintained that she was 21 years-old. When the boy eventually confessed his real age to her, she replied that “it did not matter how old he was.”

Investigators from the FBI found her “World of Warcraft” screen name and issued an administrative subpoena to Blizzard Entertainment for Jenkins personal information. Complying with requests from detectives, the makers of the Internet game provided her name, address, and telephone number to police. If convicted of the felony computer and sex crimes listed against her, Jenkins could face life-changing consequences including stiff fines, inclusion on the Sex Offender Registry, and significant time behind bars.

The example of Angie Jenkins shows that law enforcement officials are patrolling online forums and games very closely for illegal activity. No longer can people hide behind a computer to conceal their identity and avoid punishments for computer crimes committed. Because of this, it is vital that individuals accused of computer crimes and Internet sex crimes contact an experienced, knowledgeable and sex crime lawyer for defense assistance. Moving to do so immediately can greatly improve your chances for a better outcome to your criminal case.

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Posted in Computer Crimes, Felony Crimes, Local Crimes, Sex Offender Registry, Sexual Offenses | No Comments »

MI Criminal Charges – Michigan State Football Player Charged For Role In Theft Ring

Monday, November 1st, 2010

One cardinal rule we learn growing up is: do not take what does not belong to you. In addition to being common courtesy, this particular golden rule can help one steer clear of run-ins with the law. One does not have to be a criminal lawyer in Michigan to know that the unauthorized taking of property from an organization is illegal, and bring about a lot of problems — regardless of fame, popularity, or public status. An example of this is seen in the recent case of a Michigan State University football player who was one of ten people arrested for involvement in a theft ring targeting Detroit Public Schools.

According to Wayne County Prosecutor Kym Worthy, between December 2009 and February 2010, 104 laptop computers were stolen from various Detroit Public Schools. The culprits then sold the merchandise on eBay, Craigslist, as well as to friends and acquaintances. Ultimately,  stolen laptops were located by DPS  investigators across the country and abroad.

Currently, Wayne County prosecutors have named ten young men as suspects in this crime, all ranging in age between 18 and 22. Among the men accused is Dion Sims, a talented football player at Michigan State University, who is facing theft charges or receiving and concealing stolen property in Michigan for his role in the heist. Because of the pending counts against him, Sims has been indefinitely suspended from the football team, not likely to see any game time action in the 2010 season.  It is likely that Simms will be sentenced under the Holmes Youthful Trainee Act (HYTA).  Under this treatment, Simms would have the opportunity to have the record expunged after his probation is completed.

While most of the suspects (including Sims) are accused of receiving and concealing stolen property, three of the men have much more severe charges against them. Brian Rogers, 20, Dwaine Scott, 19, and Mark Scott, 18 are all believed to be members of the local Helly Helly Bois gang, the group that supposedly organized the heist. These three men are also charged with conducting criminal enterprises, breaking and entering, and larceny. If convicted of the crimes listed against them, it is almost certain that each will face life-changing consequences including excessive fines and lengthy jail sentences.

As seen by the example of Dion Sims and the nine other young men accused, being suspected of criminal charges is a difficult and scary experience for anyone to go through, regardless of public status. If accused of theft charges similar to those described above, it is essential to contact experienced and aggressive criminal attorneys in Michigan for assistance. Doing so immediately is the first step one can take to ensure the legal advice and legal representation needed to defend your reputation, as well as your personal freedoms and liberties.

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Posted in Computer Crimes, Conspiracy Law, Local Crimes, Theft Charges | No Comments »

MI Sex Crimes – FBI Arrests Michigan Pastor in Internet Sex Sting

Thursday, September 16th, 2010

The virtual world has become very much a part of every day life. Increases in technology have made it easier for people to communicate with others around the world, allowing people to be connected like never before. While this has provided many benefits to society as a whole, it has also opened new doors for illegal activity. One does not have to be an experienced criminal lawyer in Michigan to know that illegal activity online can land anyone in serious trouble, regardless of profession or public status.

Of all the online crimes, those involving the sexual exploitation of minors are considered particularly heinous–especially when involving well-known figures attempting to hide their identity behind the Internet. Such an example is seen in the recent arrest of a Lake Orion pastor who was busted by Federal investigators in an online chat sex sting.
Agents for the Federal Bureau of Investigation started looking at William Bendert after receiving a tip that the pastor had attempted to entice a minor for sexual contact online. Detectives set up a sting operation, posing online as a mother with an 11 year-old daughter. The “mother” and Bendert chatted online, where he offered to provide “sexual training” for her daughter. According to police reports, the pastor said he would teach the girl various sexual positions and help her learn about her body. Additionally, Bendert allegedly requested that the mother also be present and “encourage” her daughter to participate.

After the conversations continued, the two agreed to meet at a Red Roof Inn in Troy and Bendert booked a room. However, when he arrived FBI officials immediately arrested him and took him into custody. The criminal complaints against him are considered Federal offenses, as they were conducted online.

Because of the Federal charges pending against him, Bendert will almost certainly face the toughest of punishments, likely including stiff fines and a lengthy jail sentence. Additionally, as pastors serve as public figures, it is also probable that his occupation and reputation will also suffer greatly as a result. For Bendert and others accused of Internet sex crimes, it is essential to pro-actively seek the best legal advice and legal representation for your case. Contacting hard-working and aggressive criminal attorneys in Michigan is the first step one can take to ensure that serious criminal charges do not change your life permanently.

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Posted in Computer Crimes, Felony Crimes, For Your Information, Local Crimes, Sexual Offenses | 2 Comments »

MI State Law – Bill Requiring Interrogation Recording Awaits Senate Approval

Thursday, 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.

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Posted in Felony Crimes, For Your Information, Local Crimes, Michigan State Law | 2 Comments »