Posts Tagged ‘Legal Defense’

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.

Michigan Murder Charges – Michigan Legislature Attempting to Draft Caylee’s Law

Friday, July 15th, 2011

Crimes occur all over the world. So much so, that most people do not think twice when criminal reports are broadcasted on the nightly news. However, every once in a while there is a case that seems to interest the entire country—a case that has an outcome that shocks many, gives a skilled criminal defense attorney recognition for doing what seems impossible, and leaves lawmakers questioning if more laws should be passed or if existing ones should be more strictly enforced. The July 5, 2011 verdict in the Casey Anthony trial is one of those cases.

In response to the Anthony verdict, Michigan lawmakers are trying to make it a felony for failing to report that a child is missing if more than 24 hours pass from the time that the child disappears. Michigan Senator Rick Jones is currently drafting this bill, which if passed, will be called Caylee’s Law. There are many who are applauding Senator Jones’ efforts. Yet, he is not the only one who is trying to combat crimes of this nature through legislation. Tonya Schuitmaker, another Michigan lawmaker, is trying to get a law passed that will require those who find a dead body to swiftly report the news to the police. There is a possibility that either one or both of the bills might become the law in Michigan.

There are advantages and disadvantages in having both bills made into laws. Supporters of Caylee’s Law believe that if put into effect, there will be less missing children, as parents will have to be more aware of the whereabouts of their children. Also, supporters believe that missing children in Michigan may be found quicker and before any harm occurs to them. Similarly, the requirement to report a dead body may also allow criminals to be caught and cases to be solved at a faster rate. As a result, Michigan’s top criminal lawyers may experience an increased case load as the number of reported homicides may go up, and those criminals will need representation.

According to opponents, top defense attorneys could have their hands full and police departments may be overrun with reports resulting from the passage of such laws. Some who oppose Caylee’s Law believe that this new law may be passed merely out of anger and as an emotional reaction to the Anthony case. It has also been argued that parents may become overly cautious and report a child missing who may not be missing at all. Similarly, requiring the reporting of a discovered dead body could result in people mistakenly reporting something as a dead body that might not even be a body. As a result, police department phonelines could become flooded with frivolous calls, which could prevent officers from being able to handle more serious matters.

However, no matter if one is for or against the passage of either bill, there is a possibility that Michigan may soon have new laws added to the long list of already-existing laws. As a result, people accused of homicide will need to seek out the best Michigan criminal defense attorneys to represent them.

Ultimately, the Anthony case has gotten the country’s attention and has Michigan lawmakers hard at work trying to pass new laws. The Anthony case has also shown that a skilled attorney working on a homicide defense can produce a favorable and seemingly impossible verdict of not guilty for a defendant who was already assumed guilty in the eyes of many. The criminal defense team at Kronzek & Cronkright salutes Attorney Baez for fighting against all the odds to protect and defend the Constitution of the United States of America and its strong presumption of innocence that helps all of us. God Bless America.

MI Drug Charges – Michigan Sees Rise in Designer Drug Use, State Lawmakers Push Banishment

Sunday, December 26th, 2010

One does not have to be a top criminal lawyer to know that it is against federal and state law to use, posses, manufacture, or distribute illegal drugs or narcotics. However, this does not stop people from trying to get “high” while avoiding drug charges in the process.In recent years, more people have been using analogue or designer drugs (which have a chemical make-up mimicking that of certain illegal drugs) in order to avoid the criminal charges associated with them. However, just because the analog drug seems like the real thing, it doesn’t necessarily mean that it will have the same effect. In 2010 alone, more than 60 people have been treated in Michigan hospitals after using K2, a synthetic form of marijuana banned by law enacted in November of 2010. Those who reported illness complained of symptoms including seizures, dizziness, trouble breathing or walking, vomiting, and a rapid heartbeat.

As if the health risks were not problematic enough, it is likely that more designer drugs will eventually become illegal under state law. Under the K2 ban, anyone convicted of using that designer drug could face a misdemeanor drug charge accompanied with a hefty fine and jail time. Manufacture, distribution or possession of analogue drugs, however, are all felony drug offenses and therefore defendants convicted of those offenses could receive increased fines and longer prison sentences in Michigan Courts and the Federal Courts in Michigan.

Despite the risk of arrest in Michigan (and 14 other states nationwide), K2 and other analog drugs are still sold online and in stores as an incense and using other names such as “spice” or “summit.” In response to this, the Federal Drug Enforcement Administration(DEA) recently announced their intent to ban numerous chemicals used to create designer drugs. State lawmakers have also expressed similar sentiments, making it a hot topic for discussion in the new year.

As seen by the quick action of lawmakers in Michigan and around the country, clearly synthetic drug charges will not be treated lightly by law enforcement, prosecutors, or the courts. If you have been accused in Michigan of a drug crime involving designer drugs or analogue drugs, it is important that you have the best legal advice and legal representation possible. A knowledgeable and skilled drug defense lawyer in Michigan will guide you through the complex legal process, working hard to ensure the best possible outcome for your case. Do not hesitate–after all, your future will be at stake.

MI Fraud Charges – Michigan Medical Assistant to Serve 46 Months For Medicare Fraud Scheme

Saturday, December 18th, 2010

In Michigan, the law often requires that professionals be licensed to practice their profession. Along with a license to practice comes a code of conduct. Professionals must uphold a certain standard of ethics, morals, and integrity. Examples of professions that require a license include physicians, lawyers, nurses, accountants, architects, pharmacists and teachers. It is required under law that those holding these professional licenses act with honesty and integrity  according to protocol and report information truthfully and accurately. Ask any defense criminal lawyer, failure to adhere to set regulations can result in major consequences for these professionals including loss of licenses, criminal charges, prison time, fines, and even the loss of employment.

In a recent case, a medical assistant was convicted and sentenced to spend 46 months in prison for health care fraud charges in Michigan, reportedly swindling $2.8 million from the Medicare program.

In order for home health services to receive compensation from Medicare, an agency must have a signed physician’s order. To try and beat the system, the owner of two home health companies in Michigan approached Mohammed El-Fallal in July 2008 for help. As a medical assistant for a doctor suffering from mental illness, El-Fallal was in close enough proximity to use the physician’s identity and forged a doctor’s order sent to Medicare. Although he was involved in the medical field in some capacity, because El-Fallal is not a licensed physician, these documents are considered illegal. From July 2008 to April 2009, El-Fallal allegedly was paid $100 for each forged document he signed for the health agencies, amounting to $2,802,461 in fraudulent health care claims in Michigan.

El-Fallal pleaded guilty in June 2010 to white collar crimes including conspiracy to commit health care fraud in Michigan. As a part of his punishment, the defendant is required to pay $2.8 million in restitution and spend 46 months in prison. In addition, El-Fallal could face additional consequences as a result of the white collar fraud conviction, including the loss of professional licenses and a ruined reputation.

Even though it may seem easy to scam the system, getting caught certainly carries severe and long-lasting consequences for those committing these fraud crimes. Because the punishments for fraud and other white collar offenses are so severe, it is imperative that a defendant has a top criminal lawyer to help. Not only can knowledgeable trial lawyers fight for your rights in court, they can also provide the best legal advice and legal representation available for your case. Contacting experienced legal services is the first step to ensuring that the charges against you do not permanently change your life.

MI Sex Offense – Noncompliant Sex Offenders Sought Out By Michigan State Police

Thursday, December 16th, 2010

Being suspected of any sex crime offense is a serious accusation that one should always take with great concern. Any Michigan sex crime lawyer will warn that conviction for sex offenses like Criminal Sexual Conduct will bring significant consequences in Michigan. These consequences follow a person around for life. In addition to likely fines and extensive prison time, the convicted person is required to submit personal information to a public, statewide registry that documents all the sex offenders in Michigan. Even though failure to comply with these regulations will bring additional charges, many convicted sex offenders across the state neglect to participate in the requirements of Michigan’s Sex Offender Registration Act (SORA.)

As many consider the Sex Offender Registry essential to maintain public safety, this is a problem that Michigan State Police are taking very seriously. Late in 2010, law enforcement officials statewide conducted “Operation Verify,” targeting approximately 3,400 sex offenders who have not submitted or maintained their personal information to the registry on time as required by SORA.

According to the Sex Offender Registration Act, those convicted of felony sex crimes in Michigan must submit their address and other personal data with local police agencies four times each year. If the convict decides to move, they are required to notify law enforcement officials at least ten days prior. According to Col. Eddie Washington Jr., the statewide sweep was purposely scheduled to take place following the October 1-15 quarterly verification period which ultimately allowed for a more accurate list of noncomplying convicts. “This means that any felony-listed offenders who want to spare themselves a visit from a trooper should be sure to verify their address with law enforcement during the first 15 days of October,” Washington warned.

While a vast majority of Michigan’s 46,400 registered sex offenders are compliant with the SORA law, there are still those who violate Michigan law and fail to register or update their information with law enforcement. Those who violate the requirements of the Michigan Sex Offender Registry Act will face harsher punishments including up to four years in prison.

As seen by the statewide search for noncomplying sex offenders, being convicted of any criminal sexual conduct will affect one’s life permanently. To prevent accusations from taking over your life forever, it is essential for accused persons to contact experienced and knowledgeable sex crime attorneys in Michigan. Defending sex crime accusations including rape, child molestation and criminal sexual conduct is very specialized work. This is not the sort of criminal defense work that most attorneys can handle effectively. Those facing these kind of charges should look for lawyers with many years of defending these cases.

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.