While this incident certainly didn't happen in Grand Rapids, much less the United States, there are still many lessons to learn from the case. This includes the damage publicity can have on the ability to defend against criminal charges.
]]> If this was in the United States, the prosecutors would need to file a charge with a grand jury, seeking a formal indictment for domestic violence. It would be important for them to provide evidence of an assault, oftentimes through witness statements or even from a statement by Lawson herself. Supposing there was enough evidence for an indictment, the charges would then go to court, but the level of evidence necessary for a conviction is much higher than that for an indictment. Though there are photographs that allegedly document the domestic assault, they would need to be verified and there would likely need to be more that just the pictures to convict Lawson's husband of any criminal charges.While all of these hurdles are designed to prevent the wrongful conviction of a defendant, they also depend on an impartial legal system. The grand jury would need to pay attention to only the evidence before it and none of the buzz and talk surrounding the case. Similarly, anyone sitting on a jury would need to be able to provide an unbiased opinion on only the evidence introduced at court. The more the story circulates through the media, however, the harder it will be to ensure the procedure will be fair and impartial.
Source: The Telegraph, "Nigella 'assault' sparks domestic violence debate," Victoria Ward and Hannah Furness, June 16, 2013
]]>The 46-year-old man was sentenced to 19 and a half years in prison for his apparent involvement in a cocaine trafficking conspiracy. The evidence against him? The testimony of a confidential informant of the federal Drug Enforcement Administration. The problem? After his conviction, it was discovered that the informant was decommissioned for making false reports to federal officers.
]]> Now, the man who was convicted on that informant's testimony, including his open testimony in court, is fighting back. He has filed a Freedom of Information Act request for information on the informant, seeking his criminal record, as well as information about why the DEA both hired and fired him as an informant. If he can raise any specter of a doubt about the informant's credibility, he may be able to get a new trial.While the 46 year old may have a chance to have his conviction overturned, it will only come about through intensive lawyering on the part of his criminal defense attorney. Protecting your rights to a fair and just trial can be difficult, especially when the risks are so high, which is why it is so important to get help from a lawyer.
Source: Courthouse News Service, “DEA May Have to Share Records on Ex-Informant,” Ryan Abbott, June 11, 2013
]]>Like the recent conviction of a Hart City man, sometimes a lawyer needs to work to lower charges to a more appropriate level. The 34-year-old man's lawyer was able to get his charges from an open murder charge, which would allow the Oceana County prosecutor to simultaneously pursue first- and second-degree murder charges and manslaughter charges, to a second-degree murder charge.
]]> Why it made such a difference to lower the charges from a potential first-degree murder conviction to a second-degree one is the Michigan sentencing guidelines. For a first-degree conviction, the man could have spent life in prison without the possibility of parole, but with a second-degree conviction, the most he could spend in jail is life with the chance of parole. As it is, the prosecutor has said he will ask for a sentence of 20 years.The other important thing this man's lawyer did was to have his or her client appear before a judge and not a jury. In some situations, the emotional nature of a criminal charge and a defendant's background may make a judge more impartial than a jury.
While many people in Grand Rapids may think criminal law is win or lose, it is really a matter of degree. If a lawyer can minimize the impact of criminal charges, he or she has still done a lot for a defendant.
Source: MLive, "Ex-Hart city official Timothy Shannon pleads no contest to wife's bathtub murder," John. S. Hausman, June 3, 2013
]]>The decision was released today, which came from a deeply divided court. Justice Antonin Scalia was one of the four dissenting justices and read his dissent aloud in court. He was quick to criticize the decision, making it clear that anyone arrested for anything, even because of a mistake, can have his or her DNA taken.
]]> What this ultimately means for the people of Grand Rapids is that if law enforcement so chooses, they can take DNA samples from anyone and everyone arrested. This could include someone peacefully protesting or someone pulled over for drunk driving. And, if there is any evidence with a DNA match, that person could quickly find him- or herself facing much more serious criminal charges.Although it is somewhat unclear as to what sorts of crimes this ruling applies, it is likely that it will be applied to all types of crimes until challenged. Until that time, anyone getting arrested should immediately work with a lawyer in the off-chance there is other evidence out there.
Source: The Associated Press, "Court: Police can take DNA swabs from arrestees," Jesse J. Holland, June 3, 2013
]]>That is what happened to one Saginaw man after police pulled over the vehicle in which he was riding near Thompsonville. The man had been riding in a car that apparently had marijuana, crack cocaine and cash in it, although it remains to be seen if he actually knew about it.
]]> The driver of the vehicle had been speeding and was initially pulled over for driving 75 mph in a 55-mph zone, but the arresting officer then discovered that the driver had a suspended driver's license and that he was on parole for drug crimes. That, apparently, was enough for Michigan State Police to search the car, in which they supposedly found the drugs and money.Instead of just arresting the driver, the passenger was also arrested. It is unknown if there was any evidence that the passenger was aware that the driver was carrying contraband, much less linking him to the driver's apparent crimes. Even if the passenger knew, it seems odd that police would arrest him for knowingly riding with someone carrying drugs.
When police can only tangentily relate you to a crime, it is important to work with a strong criminal defense attorney to question the prosecution's facts. Or, to note that a conviction would require too many assumptions and presumptions to be beyond a reasonable doubt.
Source: The Saginaw News, "Crack cocaine, pot found in vehicle of speeding Saginaw men, Northern Michigan police say," Zane McMillin, May 5, 2013
]]>After spending a month in jail, the man was finally released by a federal judge in Detoit. The young man had pled not guilty. Now, it is up to him to find a competent criminal defense attorney to help protect his liberty and prevent a criminal conviction.
]]> The crux of the case is the accusation that the young man had hacked many of these women's phones. By doing that, he was able to find naked or compromising photographs of the women. He threatened to show the world this nude photographs before he was charged with stalking.It is not entirely sure if this will be classified a sex crime or, more accurately, criminal sexual conduct. If it is, however, that kind of charge could ruin a life. If he was convicted he would need to be arrested, pay a fine and potentially be sent to jail. Following his release he may still face judgment and prejudice based on when he had done prior to release.
It is also highly likely that if he is able to clear his name he will still face serious prejudice. Many people believe accusations of sex crimes without really looking into it or waiting for a conviction. Because it is such a sensitive topic, no one wants to help defend against someone formerly suspected of something sexual, all the more reason to seek out an experienced criminal defense attorney.
Source: Detroit Free Press, "New York man is granted bond in Michigan cyberstalking case," May 24, 2013
]]>A recent study, however, has shown that these kinds of pre-admission criminal checks are not helpful in identifying who is at risk of committing a crime on campus. Though the study did find that students who made a mistake while in college and faced criminal charges were more likely to have had some experience with the law when younger, it is not entirely clear that this invasive look into applicants' lives is necessary.
]]> The questions on many college applications have not always been able to pick out which students may be at a higher risk of creating trouble, which may raise questions about why schools look at criminal records to begin with. If the whole purpose of the pre-admission criminal checks are largely ineffective, this means that students are having to disclose the mistakes they made while they were younger for no reason.It doesn't matter when someone is charged with a crime, the impact can be far-reaching. It is more than just the threat of a fine or jail, but the way in which a conviction can always color or disrupt an individual's life. From school to housing to employment, a conviction, even a conviction while a child, could prevent someone from living his or her life as he or she pleases.
Source: UP.com, "Criminal background checks don't predict college crime," May 19, 2013
]]>That may have been what led to the arrest of a man in 1996, but he went through more than just an arrest and investigation; he was wrongfully convicted of attempted murder and spent 9 years in prison before being released. The man says that the police coerced a confession out of him, leading to his conviction.
]]> There are certain rights that anyone charged with domestic violence in Battle Creek have, including the right from self-incrimination and the right to an attorney. When someone is arrested by police, it is expected that they will inform him or her of those rights. Even if police read those rights, however, it is a frightening experienced to be arrested for a crime that you did not commit, especially one so heinous as attempted murder. Many people often feel intimidated by police, which can lead to something like a forced confession.While it is fortunate that the man was released after nine years, it was two years after someone else had confessed to the assault on the man's wife. The man has won $5.5 million for the time he spent in prison, but he is frank in saying that it will never make up for the time he lost.
Source: The Syracuse Post-Standard, "Wrongly imprisoned nearly a decade, father plays catch-up with his five kids," John O'Brien, May 13, 2013
]]>To put this recommendation in perspective, the average woman will have a blood-alcohol content of 0.05 percent after only one drink. To make it illegal for an individual to have more than one drink in an evening has made more than one person call the suggestion "ludicrous."
]]> There are some people who point out that those people who are most likely to cause a fatal drunk driving accident are those who are extremely drunk with a blood-alcohol concentration of 0.15 percent or higher. As these levels are already considered illegal, it would appear that lowering the limit even further would not be very effective in reducing the number of alcohol-related crashes.The Governors Highway Safety Association has said that it appreciates the effort the Board has taken to attempt to reduce fatal accidents, but it does not support lowering the drunk driving limit. Beyond the difficulty in convincing states to lower the limit, it also believes that there are other methods of preventing crashes.
Whether the drunk driving limit in Michigan is 0.05 percent or 0.08 percent, it is essential that anyone charged with driving under the influence works with a criminal defense attorney to fight to clear his or her name.
Source: Detroit Free Press, "Make DUI limit 0.05% blood-alcohol level, NTSB says," Bart Jansen, May 14, 2013
]]>The third time was the charm for Kent County prosecutors who were determined to convict a Grand Rapids man on murder charges. Last week, after two earlier trials that ended in hung juries, the defendant was found guilty of second-degree murder. He's already serving a sentence of up to 45 years for rape, but the new conviction for his role in a drug-fueled homicide could mean life in prison for the 27-year-old.
]]> The case involved a 2010 drug deal gone bad. The defendant and an acquaintance were in the process of selling marijuana to a third man when the acquaintance fatally shot the seller. Prosecutors said the fact that the defendant took advance measures to protect a boy at the home from getting shot proved that he was an accomplice who anticipated the shooting.The defendant was also suspected to be an accomplice in a 2005 double homicide, making it important to prosecutors that he pay the price for the deaths of three people.
There is no limit to the number of times a case can be retried if earlier attempts end in hung juries, but prosectors are under intense pressure to avoid the high expense of future trials. In this case, the Kent County assistant prosecutor said the third attempt would be the last. But for a man who will already be spending several decades in prison, was a third trial excessive? Should the fact that two previous juries didn't convict him have been enough to prevent another attempt? Let us know what you think.
Source: mlive.com, "After two hung juries, third trial gets conviction in Grand Rapids drug-deal homicide," John Tunison, May 3, 2013
]]>There are other counties, however, that post very public and very visible signage in former offenders' homes or yards. This kind of tactic has been raising eyebrows, yet there is no indication that it is coming to Grand Rapids.
]]> The impetus behind the signs is clear: let everyone in the community know that there is someone who has been convicted of a sex crime that lives in the neighborhood. While that is the purpose of sex offender registration in general, having a permanent sign could also be seen as harassment.If someone has served his or her time for a sexual offense, he or she has been thoroughly punished. Even though the sex offender registry can be seen as excessive in some cases, such as in last week's post on children convicted of sexual offenses, the community is just looking out for its citizens. Drawing excessive attention to former offenders however, or forcing everyone to continuously confront a former offender's past, can be considered an invasion of privacy.
Sex crimes are incredibly serious and require a strong legal defense in order to protect against extreme sex offender registration statutes.
Source: Associated Press, “Florida home signs warn of presence of sexual predators,” May 7, 2013
]]>Since his conviction, he has been on the Michigan sex offender registry. Sex offender registration was designed to help protect people from previous offenders who stood a chance at re-offending. While it is possible that a child offender could slip up again, the rate of recidivism is substantially lower than adult offenders. This begs the question of why do states like Michigan put children on sex offender registries, sometimes for life.
]]> In case someone thinks this case is relatively unusual, a recent Human Rights Watch report shows that it isn't. While the human rights organization did not talk to everyone who was convicted of a sex crime as a child, teen or young adult, they did talk to 281 sex offenders with the average age of 15. Sadly, there are a number of young adults whose lives are shaped by a mistake made as a child.Sex crimes are incredibly complex to defend against and their severity means that it is extremely dangerous to try to tackle them alone. Especially for young people, trying to tackle an allegation of a sex crime without a criminal defense attorney is too big of a risk to take.
Source: The Center for Public Integrity, "Report details lives ruined for children put on sex-offender registries," Susan Ferriss, May 1, 2013
]]>As the drunk driving limit is set to expire, it appears that the state will pass legislation that keeps the limit set to 0.08. The Senate has already passed the legislation and the House will soon vote, as well.
]]> Interestingly, the state may also lower the drunk driving limit for boats, snowmobiles and off-road vehicles, too. The House is set to consider legislation that would make 0.08 the legal limit for other vehicles. It is unknown whether there is wide support for the bill, or if the bill stands a chance in the Senate, but there may be even more restrictions on how Michiganders spend their free time.It seems odd that the federal government would give states the opportunity to set the legal limit at whatever they choose, but also tell states that if they don't comply with the 0.08 blood-alcohol level, they stand to lose a considerable amount of money. Realistically, no state could risk losing that much in highway funds, even if there was a consensus that a blood-alcohol concentration of 0.10 was acceptable.
Source: MLive.com, "Michigan poised to keep drunken driving threshold at .08 -- could boats, snowmobiles be next?" Tim Martin, April 24, 2013
]]>These advocates won a small victory this month with the introduction of a new bill that seeks to decriminalize marijuana in Michigan. The bill is the result of several months of negotiation and compromise.
]]> Under the legislation, the possession of less than an ounce of marijuana would be a non-criminal offense punishable only by a fine.The bill's proponents say that criminalizing the possession of small amounts of marijuana only creates problems in the community. There is no sense interrupting families by sending a person to jail. In addition, a period of incarceration takes a person out of the workforce and makes it much harder for them to get a good job when they are released.
The proponents also say that the state could save a lot of money by passing the law. They note that Michigan spends about $326 million per year on arrests, trials and incarcerations related to marijuana offenses.
Some cities in Michigan have already passed similar laws. Ann Arbor, for example, treats marijuana possession as a civil infraction and levies a modest $25 fine on offenders.
Even if the bill does become law, it is important to remember that marijuana possession will still be a criminal offense under federal law. In addition, University of Michigan campuses have also said they would not change their policies.
Source: The Michigan Daily, "Marijuana decriminalization bill introduced by Michigan House of Representatives," Amrutha Sivakumar, April 25, 2013
Our law firm represents people charged with marijuana possession and other drug offenses. For more information, please visit our website.
]]>The Press only notes that police had been looking for the van and when it was found outside the Speedway gas station near Turner Avenue and Leonard Street, were the two men were arrested. It does not appear, however, that the men had been identified by any of the apparent victims. If police were only arresting them because they had some connection to the van which was used in the thefts, prosecutors will need to find much more information linking them to the crime.
]]> While it is certainly true that being found in a van with stolen items could be potentially damming evidence, it is up to the state to prove beyond a reasonable doubt that the men actually committed the crimes. All a criminal defense attorney would need to do is call into question whether the men were using the van at the time of the supposed thefts. If the prosecutors can't prove that they were, the jury may doubt whether the men should be convicted.It appears that the men are being charged with four incidents of theft, all in one night. The first was at a convenience story in which someone apparently left with several cases of beer. Shortly thereafter, someone allegedly stole a woman's purse. The third theft was at another store where someone left with beer. Finally, the fourth theft was another reported purse snatching.
Although there is evidence that could potentially implicate the men, it is important to remember that an experienced criminal defense attorney could poke holes in a case, forcing the prosecution to truly prove beyond a reasonable doubt that the men were involved.
Source: The Grand Rapids Press, "Two taken into custody after series of beer thefts, purse snatchings, in Grand Rapids," Heidi Fenton, March 28, 2013
Learn more about theft crime charges in Grand Rapids by visiting our website.
]]>