Articles Posted in Legal

The Michigan Supreme Court ruled back in 2007 in the case of People v. Labelle that passengers riding in a vehicle did not have the ability or standing to challenge a police search of their personal property within that vehicle. Since 2007, this has been the rule that Michigan Courts have routinely followed. The Supreme Court back then ruled that a passenger in a vehicle did not have any expectation of privacy while riding in someone else’s vehicle. That has now all changed due to the case of People v. Mead. As of April of this past year, passengers riding in a vehicle may now challenge a search under the Fourth Amendment.

In the Mead case, the defendant Larry Mead was a passenger in the car of a woman he had met earlier that day. The vehicle was stopped by police due to an expired license plate. The police officer in this case noticed Mead sitting in the backseat holding onto a backpack sitting in his lap. The officer asked the driver to step out of the vehicle and asked her if he could search the vehicle. Once both Mead and the driver were outside the vehicle, the officer then searched the vehicle, including Mead’s backpack. Upon searching Mead’s backpack, the officer found about 10 grams of methamphetamine, marijuana (now legal), prescription pills and a digital scale.

Mead pushed his case to trial, and during the trial process his attorney objected to the search as being illegal and without consent. The trial court ruled against his attorney stating that Mead did not have any reasonable expectation of privacy for his backpack as a passenger of the car under the legal standard in Labelle. Mead was ultimately convicted at trial and sentenced to up to 10 years in prison. On appeal the Michigan Supreme Court overturned this decision and Labelle stating that, “a passenger’s personal property is not subsumed by the vehicle that carries it for Fourth Amendment purposes.” What this is basically saying is that you will retain your Fourth Amendment right against an illegal government search of your person or property even as a passenger in a vehicle. The court stated this pretty bluntly by saying that “a person can get in a car without leaving his Fourth Amendment rights at the curb.” In this case the Supreme Court stated that there was no reason for the officer to believe that the backpack in the backseat had any connection to the driver of the vehicle and noted that it was apparent that the backpack belonged to Mead who was sitting in the backseat as stated earlier.

Sports fans across the state of Michigan are excited that they can now gamble online and in Detroit casinos legally. With the new law in place, the old school “bookie” is facing extinction but make no mistake about it, they still exist. How the new legislation will affect the illegal gaming industry remains to be seen. To discuss this matter in detail, we spoke with several criminal defense lawyers that are at the top of their field in the state of Michigan.

Scott Grabel is the founder of Grabel and Associates and has created a criminal defense team that has become the best throughout the state of Michigan. When asked about the impact of this legislation, Grabel stated, “Much like the marijuana industry, prosecutions are on the rise. The illegal bookmaker will not go out of business and will have to find various ways to continue their operations. The problem for this individual is now they are competing with the state, and the prosecution will be based heavily upon economics, but to say they will not exist is not true.”

William Amadeo is a partner at McManus and Amadeo in Ann Arbor, Michigan, and a Senior Associate with Grabel and Associates. Known as one of the hardest working attorneys in the state of Michigan, Amadeo added commentary when he said, “Illegal gambling is always going to occur, and we see in more frequently in poorer neighborhoods. A bookie that is taking bets on games or running numbers will always be in existence, but prosecutors, especially in Wayne County, will be on the lookout for them. The bookmaker is now in competition with Detroit casinos, and that is going to provide the incentive to prosecute in Detroit.”

In criminal law, one of the most important aspects of criminal defense is the witness list. The witnesses that testify at trial can be beneficial if the jury connects with their personality. To discuss this 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, which is a firm that is known as the top criminal defense team in our state. When asked about the witness list, Grabel said, “If you don’t interview the witnesses, you set your client up for failure. Having a connection with the witnesses to the best of your ability can make the difference between a one-word verdict or a two-word verdict. Far too often, a lack of preparation in studying the witnesses can be fatal to your case. We always do our due diligence as the witness list is essential to success.”

William Amadeo is a partner at McManus and Amadeo in Ann Arbor, Michigan, and a Senior Associate for Grabel and Associates. Amadeo had become known as the top criminal defense lawyer in Washtenaw County and provided commentary when he said, “I often create a large witness list and then shrink it down. Who you place on the witness list can become problematic because the prosecution can also place them on the witness stand. The witness list is about strategy, and that’s something that is not taught in law school.”

As Michigan’s capital city, and it’s fifth-largest city by population, Lansing is one of the state’s most notable cities. But if you’re facing criminal charges in Lansing, especially if those charges are your first exposure to our state’s criminal justice system, then the city and it’s courts can be confusing and leave you feeling overwhelmed at an already-difficult time of your life. If this sounds like you, don’t worry – the attorneys of Grabel & Associates are here to help. In this article we will discuss the functions of Lansing’s criminal courthouses and inform you as to their locations and roles within Michigan’s larger court system. We will explain in which courthouse you will need to appear based upon your specific charges. We will discuss how having an experienced Lansing criminal defense attorney at your side can improve both your overall experience as well as your chances for an acquittal, a reduction in charges, or an otherwise preferable outcome to your case. Finally, we will tell you why we at Grabel & Associates are the best choice for legal representation in your criminal case in Lansing or anywhere you may need us in the state of Michigan.

Why is my Case being Handled in Lansing, as Opposed to Other Cities in Michigan?

Lansing is located within Ingham County, in an area of the state known as Mid-Michigan. In order for criminal charges to be filed against you in Michigan, the case against the defendant must be brought by a particular county. If you live or work in Ingham County, or if the primary facts underlying your case took place here, then your case will likely be in Ingham County. However, not all criminal cases brought in Ingham County are held in Lansing. This is because while Ingham County includes a number of cities which feature courthouses, the courthouses in Lansing are only used for those cases being tried within a particular part of Ingham County.

In Michigan, we are a state that employs “Truth in Sentencing” which means the concept of good time credit for those incarcerated within the Michigan Department of Corrections are forced to serve the sentence that they receive. With House Bill 5666, there is a chance that prisoners may win a hope at freedom earlier in time.

The bill was authored by David LaGrand (D) and Martin Howrylak (R) in February of 2018 and would provide for the following reductions if approved:

(a) During the first and second years of his or her sentence,5 days for each month.

While litigation in the criminal sector can be an exhausting proposition, there are times when a diligent attorney can be proactive before anyone is ever charged with a crime. This is what is called a “Case Evaluation.”

In criminal law, a “case evaluation” allows defense counsel to do things such as psychological evaluations, sex therapy, and private polygraphs. All of these things play a role in a wide array of issues for the creative criminal defense attorney. To learn more about this concept, we sat down with several of the top criminal defense attorneys in the state of Michigan.

Scott Grabel is the founder of Grabel and Associates and is known for having the top criminal defense firm in the state of Michigan. When asked about the “case evaluation,” Grabel said, “We run many case evaluations on CSC cases. This helps obtain favorable bond results if arraignment is forthcoming and it also provides an opportunity to have the case dismissed before ever reaching the courthouse steps. Many firms do not understand how much work needs to go into the pre-charge, but when a case evaluation is done properly, it can allow for the best possible result for the client.”

“It’s always personal,” I screamed as the prosecutor and the probation officer stared at me. Alone in the judge’s chambers, we sat there are 7:30 am on a Saturday morning. Snow on the ground, no suit or tie, just 4 men screaming over the fate of this 18-year-old kid. Would he go to prison, would he go to jail, would he be sent home to be with his family? I pleaded that my client did not know her age. The judge yelled, “Michigan does not recognize the mistake of age Mr. Amadeo.” I told them that the sex was consensual and that the alleged victim lied about her age, the judge said, “Bill, enough with the Rape by Fraud argument, this is not Illinois!!!” I argued how he passed a state polygraph, he gave 2 private polygraphs, the girl was lying, we cannot destroy this kid’s life.

The judge wanted to put him in prison for 87 months, the probation officer recommended 20 years, violating the Tanner-Max, the prosecutor looked at me and asked to speak for a moment. We sat alone in this small room in a courthouse that was built was nearly 100 years old, and we argued back and forth. The prosecutor wanted to become a judge and needed to get as many people as possible on the Sex Registry, and in reality, he had all of the evidence to win at trial, and the only thing standing in is way was me. They need that if I go to war, anything can happen. Maybe, just maybe I can get the jury to nullify the law, perhaps I can attack the complaining witness and prove her inconsistencies and possibly, just maybe, I cannot. I only had one card left to play, if I could show that this kid has mental deficiency, then perhaps I could work around the probation officer, maybe I could convince the judge and maybe, I could get on the same page as the prosecutor so that he could save face by granting a dismissal despite having enough evidence to convict. I motioned for an evaluation to show that my client was not criminally responsible and was not competent to stand trial. The judge looked at me and said, Bill, if this is frivolous, your career is over.” I nodded my head, and I walked out of court, and I remembered what 2 people that I have respected had told me. Pete Winter said, “Sometimes we cannot change the facts.” Scott Grabel told me, “Some cases are about risk assessment, some cases are about guilt and innocence.” I thought about what had been taught to me, and I went to work. This was not about me, this was about a kid’s life, his future, his world. I pushed for competency tests based upon my research, and now, I had to wait for yet another party, a psychologist to tell me whether or not I was correct.

In Michigan, there are 2 types of competency tests: The first is a motion for lack of criminal responsibility. This means that the defendant did not understand what was happening and that they should not be charged because they could not form the Mens Rea to commit the crime.

When picking a jury, the best way to determine if you should use a peremptory challenge or to challenge one for cause is to have a series of questions. While there are numerous options for these, we have provided content on this subject which has helped us find success in the world of criminal defense. Let’s provide said list:

1. Read the statement of the case: This gives a little background and pushes your opening statement a bit with a preview.

2. Have you read or heard anything about this case? This includes social media, friends, family etc.

Preparing for a trial can be one of the most tedious and frustrating aspects of criminal law. The prosecutor and defense counsel both have an agenda. The prosecutor’s goal should be the protection of the community. The criminal defense lawyer’s plan should be to preserve the constitutional rights of his or her client and obtain the best possible outcome. This is in a perfect world, but as anybody that has ever set foot in a courtroom will tell you, criminal defense is far from perfect. There are biases that come into play, probation officers with a different view on a case that a prosecutor, defense counsel or judge may have, the judge may have their own “hot spots” which means certain charges where they lose objectivity and at the end of the day, the words of a prosecutor that I have a great deal of respect for ring true: “A trial only happens because both sides failed to reach a resolution.” When this happens, the first thing that we have to prepare for is jury selection, and that leads us to the concept of Voir Dire.

If we look up the term Voir Dire in Black’s Law Dictionary, is French “to see to speak,” the questioning of prospective jurors by a judge and attorneys in court. Voir dire is used to determine if any juror is biased and/or cannot deal with the issues fairly, or if there is cause not to allow a juror to serve (knowledge of the facts; acquaintanceship with parties, witnesses or attorneys; occupation which might lead to bias; prejudice against the death penalty; or previous experiences such as having been sued in a similar case). One of the unspoken purposes of the voir dire is for the attorneys to get a feel for the personalities and possible views of the people on the jury panel. In English, this means that as counselors we need to try to gauge an understanding of who may serve on the potential jury, what we should be looking for when making selections. The concept varies from court to court in Michigan, and jury questionnaires help make these choices.

Jury Questionnaires

In the age of cell phones and the Internet, society has taken communications to areas that were never thought to have been possible. With the advancements of technology, there have also been pitfalls in the field of criminal procedure, and one such zone of danger for the criminal defendant is the recorded conversation.

At first glance, we see the Michigan Eavesdropping Law is encompassed in Michigan Compiled Laws (MCL) which indicates that a defendant can face a 2-year felony and up a $2,000 fine if a recording is made without the consent of all parties. On its face, it would appear that Michigan is an “All Parties” consent statute, but there is often much ambiguity on the subject. To have more understanding on the topic, we asked criminal lawyers in our state to provide further insight into the law.

Scott Grabel is the founder of Grabel and Associates and has earned a reputation for having what most feel is the most successful criminal law firm in the state of Michigan with a strong presence in the federal court system. When asked about the Michigan Eavesdropping Law, Grabel stated, “There is one critical exception to our statute that can lead to issues for the criminal defendant. If we turn to the “Sullivan v. Gray” case, we learn that if an individual is a party to the conversation they can record the communication (Sullivan v. Gray, 117 Mich. App. 476, 324 N.W.2d 58, 59 – 61 (1982). In this respect, we see that the Michigan law displays similarities to its companion federal statute.”