Michigan Criminal Lawyers Blog
Original Case Details
Back in June of this year, an Amazon delivery driver had an altercation with a Warren police officer that was caught on camera. The altercation apparently started when the Amazon driver illegally parked his delivery van while delivering packages. An officer pulled up and informed the driver of his violation in parking the van illegally. The driver allegedly did not move the vehicle when instructed by the officer and continued to deliver packages. This resulted in the officer demanding to see the driver’s identification and driver’s license. The video captured by a witness showed the officer holding the man down on the ground after the man refused to show his driver’s license to the officer. This video was seen as excessive force by many, it sparked protests and resulted in the officer being put on administrative leave while the officer’s conduct was investigated. The Macomb County Prosecutor’s Office first declined to authorize any charges against the man, a position they have now reversed on, deciding to charge the man with refusing to obey a lawful order by a police officer and operation a motor vehicle without an operator’s license on his person.
Criminal Charges Involved
The Macomb County Prosecutor’s Office reversed its earlier course when it decided to not charge the driver. Now the Prosecutor’s Office has pointed to “new evidence” that has been revealed during the course of their investigation. This new evidence has resulted in the driver being charged with two misdemeanors that carry a maximum possible penalty of 90 days in jail. Macomb County Assistant Prosecutor Paul Bukowski declined to comment on what exactly this new evidence is, stating that it wouldn’t be appropriate to comment on any facts of the case before the case makes it to the courthouse. The officer in this case has yet to have his name disclosed by Warren police. These new criminal charges come in addition to the traffic ticket the driver received for improper parking on the day of the incident. The driver was arrested on that day by the Warren officer and released on the same day by the Macomb County Jail while they reviewed the case and the officer’s actions.
What Happens Next?
The next step is for the Amazon driver to turn himself in so he can be arraigned on the charges. At an arraignment a judge or magistrate will inform the defendant of the nature of the charges against him or her, explain the maximum possible penalties, and set a bond. If the defendant is in need of appointed counsel, then the judge will question the defendant about his finances to determine if an appointed counsel is appropriate, or if the defendant will have to hire counsel on their own. Defense attorneys and prosecutors can attend arraignment hearings, but often don’t unless the case is a serious one where the prosecutor will be asking for a significant bond in order to keep the defendant behind bars while the case progresses. It is recommended that a defense attorney always be present anytime you are in front of a judge or magistrate, including arraignments. The initial bond that is set by a judge or magistrate is often continued, and any motions to change bond will require a bond hearing where the judge has to be convinced that the bond conditions as currently set should be changed.
Any Further Questions?
If you or a loved one has been charged with a crime or being investigated for one, then it is important to speak to an experienced criminal defense attorney immediately. At Grabel & Associates, our attorneys have over 100 years of combined experience in successfully defending criminal cases all over the state of Michigan. This experience extends not only to adult cases, but also to juvenile charges. We are not a general practice firm. We are a team of criminal defense attorneys; it’s all we do. We offer a FREE consultation to anyone with questions relating to a possible or existing criminal charge against them or a loved one. Feel free to contact us on our 24/7 defense line at 1-800-342-7896. You can also contact us online or come visit us at one of our three statewide locations. We can also come to you.