Posts Tagged ‘Criminal Lawyers in Michigan’

Miranda Warnings – Age Must Be Considered in Interrogations, Supreme Court Rules.

Tuesday, June 21st, 2011

If you watch cop shows or lawyer shows on TV, you’ve heard the phrase, “You have the right to remain silent.” This warning is part of the Miranda warnings that police officers must give to someone who: (1) is in custody, and (2) is being interrogated.  It is based on a suspect’s Fifth Amendment Constitutional Right. On June 16, 2011, the United States Supreme Court issued a ruling stating that age must be taken into account by police when determining whether these Miranda warnings must be given. Courts must also take a suspect’s age into account when deciding whether a confession given without a Miranda warning will be admissible in court. Every aggressive criminal defense attorney carefully examines an entire arrest process to determine whether the police have violated their client’s 5th Amendment right. Justice Sotomayor wrote the majority opinion that states, “It is beyond dispute that children will often feel bound to submit to police questioning when an adult in the same circumstances would feel free to leave.” However, Justice Alito wrote for the losing dissent that “safeguarding the constitutional rights of minors does not require the extreme makeover of Miranda that today’s decision may portend.” The criminal defense attorneys at Kronzek & Cronkright agree that this new ruling is an “extreme makeover” of Miranda.

When a defendant confesses to a crime, that defendant still has a chance of getting their case dismissed by challenging the voluntariness of the confession and other important factors. If you or someone you know has confessed to a crime, now is the time to hire an aggressive defense attorney. Your attorney should think about all of the possible issues in your case to help you determine what should be the next step in your criminal defense. The right attorney is critical to protecting your freedom and your future.

MI Criminal Charges – KMart Dragging Death Case Goes to Trial in Michigan Court

Friday, December 10th, 2010

It is likely that a top criminal lawyer in Michigan has represented numerous defendants arrested after a failed shoplifting heist. In Michigan, shoplifting is often called retail fraud. Sometimes, the suspects are only accused of property theft, which in itself can bring serious legal consequences. However, if the attempt to take merchandise results in the personal injury or death of another person, particularly a police officer or security guard, the punishments can prove to be much more severe. These exact circumstances can be seen in a recent case where two Michigan residents are being held in the dragging death of a store security officer who was attempting to stop the suspects from stealing.

According to law enforcement officials, James Woolworth, 39, and Samantha Lambency, 20, attempted to rob a Waterford Township K-MART for merchandise in 2010. Because the two are both known substance abusers, police in Oakland County believe that they stole compact discs valued at $400 to supply their drug habits. Witnesses stated that Woolworth fled to a waiting truck driven by Lambency.

In an effort to prevent the two from leaving the scene, security guard Greg Wainio held the car door open with one hand and grabbed the vehicle with the other. Shortly after speeding off, the car hit two pillars in the parking lot, ultimately crushing Wainio between the car and the door. The former parole officer was dragged approximately 200 feet before he fell from the car and the two suspects fled the scene. Law enforcement officials shortly caught up with Woolworth and Lambency and arrested them both on unarmed robbery and murder charges in Michigan.

Additionally, Lambency is being charged with being an unlicensed driver causing death. This, like the other charges is a felony and carries significant consequences for those convicted, including lengthy prison or jail sentences.
Unfortunately, both of the suspects have previous history involving police and the courts. In March 2009, Woolworth was paroled from prison on an armed robbery conviction. His criminal record spans over three states, including Michigan. Lambency on the other hand, dropped out of high school in the 10th grade and is an admitted heroin addict. Because of her substance abuse problem, she lost custody of her 15-month-old daughter, as Children’s Protective Services deemed her unfit to be a parent.

The case described above serves as a perfect example of how serious criminal charges can be, especially when involving the injury or death of another person. In addition to fines and a ruined reputation, conviction will likely result in a lengthy jail or prison sentence. To protect yourself against these life-changing consequences, it is essential to seek the help of the best criminal lawyer in Michigan. Doing so immediately is the first step to making sure that your case receives the necessary legal advice and legal representation, working to keep you at home with your family, not behind bars.

MI Criminal Charges – Michigan Couple Arrested After Pit Bulls Attacked Young Girl

Wednesday, December 1st, 2010

Just as parents are responsible for the actions of their children, pet owners can also be held accountable for their animal’s behavior. One does not have to be a top criminal lawyer in Michigan to know that house pets, particularly dogs, can land owners in hot water. If the animal attacks a person causing bodily harm, the owner could be subject to criminal charges resulting in significant consequences, such as jail time. Michigan also has tough strict liability civil laws dealing with dog bites.

An example of this was seen recently when police arrested the owners of three pit bulls who attacked a young girl, causing immense injury to her. Tyah Norris, 6, frequently visited the home of Brian Nace, 35, and Jasmine Bailey, 19, to play with the couple’s niece. However, during a recent trip, she was mauled by dogs in their fenced backyard. According to a University of Michigan Hospital spokeswoman, Norris’ injuries required more than 500 stitches, landing her in serious condition.

According to relatives of Nace, the animals in question were not previously violent and had been around other children in the past without problems. On that day, adults in the home instructed Norris not to go into the backyard, which is decorated with “Beware of Dogs” and “No Trespassing” signs. Despite this, law enforcement officials and prosecutors have placed blame on Nace and Bailey, arresting them for criminal charges of keeping a dangerous animal that caused personal injury.

Michigan law defines a “dangerous animal” as one that bites or attacks a person or another animal, causing serious personal injury or death, while on the property or under control of its owner. However, the law does not recognize an animal to be dangerous if it attacks while provoked, tormented or when a person is trespassing on private property.
Nace and Bailey were due in court and facing serious consequences if convicted. In addition to a $2,000 fine and the euthanization of their dogs, the couple may be required to complete 500 hours of community service and spend a maximum of four years behind bars – despite their best efforts to keep the young girl away from the animals.

As seen by this example, an adult in a home can be held liable for the actions of animals living in the home. This shows how important it is to keep a close eye on your pets while visitors are around, to prevent unexpected attacks that could land you in legal trouble. If such a situation occurs in your home, it is essential to proactively seek knowledgeable and aggressive Michigan defense attorneys. Doing so immediately will ensure the legal advice and legal representation needed to protect not only yourself, but the animals living in your home.

Michigan Law – Detroit Council Removes “Criminal” Box on Job Applications

Monday, November 1st, 2010

Being convicted of any criminal charge is a life-changing experience for anyone to go through. Regardless of the crime committed, punishment can include fines, probation, and jail time. However, any criminal lawyer in Michigan can attest to the fact that the consequences of a conviction do not end with the sentence. Even after completing one’s sentence and terminating probation, a convicted person can be forced to disclose their criminal history to others, particularly when applying for a job.

In cities across the state of Michigan, many rehabilitated felons are left disheartened and unemployed after being required to explain their run-ins with the law on their job application. Criminal check boxes are standard throughout the nation, asking applicants to note any misdemeanor or felony charge of which they have been previously convicted. Often times, this will prevent an individual from receiving employment, ultimately making their reintegration in society much harder. It is standard practice today for employers to run criminal background check on their employees from time to time. When a conviction is noted on a LEIN (Law Enforcement Information Network) or CCH (Computerized Criminal History) reports, employees who did not report the conviction at the time of hire are often fired for their failure to disclose.

On average, 10,000 felony convicts return to the Detroit area after completing their assigned jail sentences each year. For these people, finding a job has proven increasingly difficult–immediately disclosing their criminal history almost automatically disqualifies them. While there is no law in the city of Detroit that bans felons from gaining employment, this information certainly influences the decisions made by interviewers.

In response to this problem, some municipalities have removed questions regarding criminal history off city job applications. On September 28th, the Detroit City Council joined them, after unanimously voting to lift barriers preventing ex-cons from gaining employment after rehabilitation. Instead, questions regarding one’s criminal past will be moved to later in the interview process. This ultimately allows an employer to figure out if the person is qualified for the position, instead of immediately concentrating directly on their previous legal troubles.

Supporters of the “Ban the Box” coalition state that the change will help equalize the playing field for those returning from incarceration on felony crimes. Additionally, the measure will likely assist the thousands of Michigan residents coming to Detroit who have been convicted of felonies, but never served time behind bars. “By removing the question from many job applications in Detroit, it will really give people an opportunity to get their foot in the door, to have a job interview,” explained Councilman Kenneth Cockrel Jr. “We don’t want people to pay forever for a crime they committed in some decades ago.”

One does not have to be a convicted felon to know that any criminal charge can haunt a person forever. After completing the rehabilitation process, an ex-con faces the daunting task of reintegrating themselves in society. In addition to the social stigmas that one will undoubtedly face, many roadblocks can prevent a person from establishing themselves as a law-abiding and productive citizen. Fortunately, concerned citizens, activists, and city officials are taking steps to assist convicted felons gain employment, truly completing the rehabilitation process.

To avoid the life-changing consequences associated with criminal charges, it is important to seek experienced and knowledgeable criminal attorneys in Michigan for assistance. Doing so immediately will ensure the best legal advice and legal representation, which is essential to keeping you at work and at home with your family, not behind bars.

MI Fraud Charges – Attempting to Cash Fraudulent Check Lands Michigan Man in Police Custody

Monday, September 13th, 2010

In previous years, tracking fraud schemes has proven to be a challenge for law enforcement officials. However, innovations in technology have allowed investigators to discover and crack down on more white collar crimes, ultimately leading to even more individuals facing life-changing accusations.  Experienced criminal lawyers in Michigan see first hand how detrimental a fraud conviction can be, almost certainly resulting in stiff fines and tough jail sentences. Such an example is seen in the recent case of a Michigan man arrested by police after trying to cash a fraudulent check at several area banks.

On September 2nd, a 29 year-old Canton man entered a Chase Bank in Grand Blanc Township with the intentions of cashing a check. While this is normally a common, everyday process, bank tellers easily discovered that the check was fraudulent and refused to cash it for him. According to the police report, Chase Bank employees proceeded to phone other branches in the area, alerting them that he might attempt to cash the check at their locations.

Only a few hours later, the suspicions of bank officials were confirmed. The same man entered another Chase Bank location in the area and tried to cash the same check. When police approached him, the suspect pushed an officer and ran out of the bank.  After a brief confrontation with police, the man gave up when officials pointed a Taser at him. Law enforcement placed the suspect under arrest and took him to the Grand Blanc County jail, where he is being held on fraud charges in Michigan.

If convicted of the white collar crime of which he is accused, this Canton man will face serious legal and personal consequences. Not only will stiff fines be imposed, but it is also possible that he will receive a lengthy jail sentence. Because the punishments for fraud crimes are so severe, it is essential to contact hard-working and trustworthy criminal attorneys in Michigan for assistance. Acting quickly can ensure the best legal advice and legal representation for your case, preventing the serious charges against you from changing your life forever.

MI Drug Charges – Michigan Motorist Aided By Police, Only To Be Arrested For Drug Possession

Wednesday, September 8th, 2010

If law enforcement officials witness a car pulled over to the side of the road, their first inclination is to assist the motorist. However, should the police believe that the person has something to hide,  their helpful intentions could turn from assisting to investigating.  Any criminal lawyers in Michigan will warn you: a routine traffic stop can easily turn into arrest if the police believe that the motorist is acting unlawfully. Such are the circumstances in a recent case where officers arrested a Michigan man after discovering illegal drugs in his vehicle.

Law enforcement officials from Van Buren County spotted a 26 year-old man struggling with his vehicle at the Brandywine Lake public access. The officers stopped to assist the motorist with his car troubles, but immediately noticed that he was “acting extremely nervous.” His strange behavior suggested to police that he was in possession of some unlawful materials. The motorist granted his permission for the deputies to investigate the car, where they located various illegal narcotics including three grams of methamphetamine and six boxes of pseudoephedrine, as well as drug paraphernalia.

Van Buren County sheriff’s deputies immediately arrested the driver for drug charges in Michigan, specifically possession of meth and meth components. As a schedule 1 drug, those caught in possession of methamphetamine will face serious legal consequences, including stiff fines, probation, and even jail time.

Many individuals caught in possession of illegal substances and narcotics are often addicted to the drugs, willing to do anything to use. Unfortunately, the legal system tends to incarcerate these individuals where their addictions will only grow more intense, ultimately making their chances of becoming a repeat offender much higher. Instead of jail time, substance abusers need rehabilitation to appropriately defeat their addictions. This will not only ensure that the person does not relapse, but also that they do not cross paths with the law for a second time.

To fight for the right to rehabilitation over incarceration, one needs to pro-actively secure the best legal defense for their case. By contacting knowledgeable and hard-working criminal attorneys in Michigan, a defendant will receive the highest quality legal advice and legal representation, designed to guide you through the complex process. Taking this step is the first in ensuring that you receive the rehabilitation necessary for recovery, while still maintaining your personal freedoms and liberties.