Michigan Criminal Lawyers Blog

Recently, the crime of conspiracy has been at the forefront of removal proceedings in the field of immigration law. While the charge itself can be highly manageable with a competent criminal defense attorney, the issue of deportation and incarceration have made the issue far more complex. To discuss this matter in greater detail, we spoke to several of the top criminal defense lawyers in the state of Michigan.

Scott Grabel is the founder of Grabel and Associates and created what is considered by many the top criminal defense firm across the state of Michigan. Grabel spoke on the topic when he said, “When dealing with immigration issues in the field of criminal law, we always must look to see if the crime itself is one of moral turpitude. With conspiracy, if the underlying charge is a crime of moral turpitude the conspiracy charge is as well. The offer of a probationary sentence can trigger removal if that is the case.”

Megan Smith is an Associate for Grabel and Associates and Tanis Schultz. Smith is known as a top criminal defense lawyer in Kent County and added her insight to this topic. Smith stated, “Another thing we must examine is these scenarios is if we have an aggravated felony. With this crime, we must see what the principal crime is to provide proper guidance to our client.”

A field of law that has become a topic of immigration proceedings of late is Neglect and Abuse cases. Neglect and Abuse (NA) cases have a lower burden than that of criminal matters, but the consequences can be extremely severe for those that are not American citizens. To discuss this matter, we spoke to several of the top lawyers in the state of Michigan.

Scott Grabel is the founder of Grabel and Associates and runs what is considered by many as the top criminal defense firm across the state of Michigan. Grabel spoke of the topic when he stated, “When a CPS Petition is followed it is often accompanied by the criminal complaint. For the average citizen, one goal is to try to avoid the criminal component while preserving one’s constitutional right to parent. With those that are not American citizens, the stakes are much higher as a successful petition can lead to removal proceedings.

Megan Smith is an Associate for Grabel and Associates and Tanis Schultz. Smith is known as a top criminal defense lawyer in Kent County and added her insight to this topic. Smith stated, “People often feel the need to fight for their right to parenting and they certainly should. With that stated, we must get creative on these cases. The rules of evidence are relaxed, and a termination of parental rights can lead to criminal charges and removal proceedings.”

Inchoate crimes are criminal charges that often get overlooked in the criminal justice system but can lead to serious consequences. An inchoate offense is a type of crime that is committed by taking a punishable step towards the commission of another crime. To learn more about this topic, we spoke to several of the top criminal defense lawyers across the state of Michigan.

Scott Grabel is the founder of Grabel and Associates and created what is considered by many the top criminal defense firm across the state of Michigan. Grabel spoke on the topic when he said, “The three basic inchoate offenses are attempt, solicitation, and conspiracy. The crime allegedly intended is referred to as the target or principal offense can carry more severe consequences, but the case can be brought through the inchoate aspect.”

Megan Smith is an Associate for Grabel and Associates and Tanis Schultz. Smith is known as a top criminal defense lawyer in Kent County and added her insight to this topic. Smith stated, “We learn when studying for the Michigan Bar Exam that the term attempt means incomplete but that is deceptive. The concept of attempt lends to the argument of the substantial step. In essence, we must argue whether the step towards the failed crime presents enough to charge the inchoate crime.”

One crime that has drawn legislative ire of late is Carrying a Concealed Weapon (MCL 750.227 (2). Carrying a concealed weapon which is often referred to as a CCW is a felony punishable by up to 5 years in prison and a $2,500 fine. Michigan does have a concealed pistol license (‘CPL’) law that allows individuals to carry a firearm if they meet the statutory requirements. While the 5-year felony is often worse than it may sound, one issue is the situation of immigration consequences. To discuss this matter in greater detail, we spoke to a few the top criminal defense lawyers in the state of Michigan.

Scott Grabel is the founder of Grabel and Associates and created what is considered by many the top criminal defense firm across the state of Michigan. Grabel spoke on the topic when he said, “CCW can generally equate to a probationary sentence but if someone is not an American citizen, we must be cautious in negotiations. A starting point is that the charge is generally not considered a crime of moral turpitude but there is no exact framework on this issue. A plea of no jail may sound appealing but not if it leads to deportation.”

Megan Smith is an Associate for Grabel and Associates and Tanis Schultz. Smith is known as a top criminal defense lawyer in Kent County and added her insight to this topic. Smith stated, “Some counties can view a CCW as an aggravated felony. When someone is here on a student visa or the like that can create a scenario where you should try the case as opposed to taking a sure thing with a plea. A certain plea on the criminal aspect can lead to uncertainty on the immigration front.”

One crime that often gets overlooked when it comes to immigration purposes and criminal scoring guidelines is “Accessory After the Fact.” On its face the crime appears to be an afterthought in the criminal justice system. However, there are severe consequences that could include a stay at the Michigan Department of Corrections, county jail and even deportation.

The seminal case for “Accessory After the Fact” is People v Luca, 402 Mich 302, 304; 262 NW2d 662 (1978). In Luca, the court defines the crime as “one who, with knowledge of the other’s guilt, renders assistance to a felon in the effort to hinder his detection, arrest, trial or punishment.” While the crime has always effected incarceration, more recently the charge has led to have severe immigration consequences. To discuss this matter at length, we obtained commentary from several of the top attorneys in Michigan.

Scott Grabel is the founder of Grabel and Associates and has put together a team that is considered amongst the best criminal defense firms in the state of Michigan. When speaking of the immigration consequences, Grabel stated, “The first thing we must review is whether this is considered a crime of moral turpitude. Crimes of moral turpitude will almost always trigger immigration consequences. This charge is a gray area because it is deemed an inchoate crime and we would have to examine the principal charge to see where we stand.”