Legal

August 2, 2016

Graham v. Florida: Could the Sunshine State Shine in the Midwest?

Amidst the drama that is the 2016 Presidential Election between Donald Trump and Hillary Clinton, I scanned my television late on Saturday night and then came the documentary “15 to Life” which despite exhaustion keep me tuned in. The story of Kenneth Young is a tragic one and one that I felt compelled to write about and hopefully contribute lead to pulling a blindfold off of Lady Justice.

At the age of 14-15, Kenneth Young was involved in 4 different armed robberies. He did this with a 24-year old accomplice leading the way. The 24-year old was the drug dealer of Kenneth’s mother and forced him into a life of crime. While the mother was often intoxicated and leaving her son alone to his own devices from the age of 11 along with his 15-year old sister that had become pregnant, the accomplice, in addition to selling drugs to Kenneth’s mother started forcing the young man to play a role in the crimes. He was an unwilling accomplice and his public defender never focused on that fact nor did she ever mention how Kenneth actually prevented one victim from being raped by the 24-year old accomplice. The reality: Kenneth Young was born into a life of criminal dysfunction and was an unwilling participant. Despite this, the state of Florida sentenced him to 3 concurrent life sentences. Finally, there was home when the United States Supreme Court issued a ruling in the classic case of Graham vs. Florida.

In Graham vs. Florida, the United States Supreme Court stated that the 8th Amendment of the United States Constitution which can afford an argument that sentences can be cruel and unusual punishment can come into play. In essence, the court ruled that if a defendant has been rehabilitated and they were a minor when a non-homicide occurred, the case can be re-examined.¹ In a majority opinion, Justice Kennedy stated, The Constitution prohibits the imposition of a life without parole sentence on a juvenile offender who did not commit homicide. A State need not guarantee the offender eventual release, but if it imposes a sentence of life it must provide him or her with some realistic opportunity to obtain release before the end of that term. The judgment of the First District Court of Appeal of Florida is reversed, and the case is remanded for further proceedings not inconsistent with this opinion. The court echoed this opinion in the case Miller vs. Alabama.² Where does this leave us and as attorneys’, criminal and otherwise within the state of Michigan, we have to employ psychology with this analysis. Should a teenager be judged the same way as an adult?

July 8, 2016

Will Michigan Prisoners Who are Exonerated Finally Be Treated as Fairly as Parolees?

by Scott Grabel

Of all 50 states in the U.S., 20 do not compensate those who are wrongly convicted of crimes and ultimately set free – Michigan is one of those states. However, a bill is on the table that could hopefully change how exonerees are treated if it is voted on by the House and signed by Governor Snyder, which could potentially happen in just a few months.

Unfortunately for individuals who have been wrongly convicted of even the most serious crimes, Senate Bill 291 has been floating around Lansing for 13 years, since 2003. If the bill passes, exonerees would be compensated $60,000 per year for each year spent in prison after being wrongfully convicted. In addition, those wrongly convicted would receive lost wages and other “economic damages” along with attorney fees according to Michiganvotes.org/2015-SB-291.

It seems ironic that while individuals who have been wrongly convicted (and there are MANY) have received nothing all of these years, while parolees have help obtaining housing, clothing, employment, transportation, and more. In fact, the Reentry Program will spend more than $13 million this year paying to help parolees get back on their feet, while those exonerated get nothing – except for heartache, of course.

May 10, 2016

New Laws in Michigan

by Scott Grabel

As we’re approaching the halfway mark of 2016, we thought it would be a good idea to inform Michigan residents of new laws that have taken effect this year. Some of them you may be aware of, some you may not know about.

Some of the most notable new laws that have gone into effect include:

Drivers no longer have to provide a hard copy of auto insurance to police when pulled over; instead, you can now show proof of coverage on your cell phone or any mobile device. Governor Rick Snyder signed this legislation into law in an effort to modernize government and make life simpler for residents. Motorists who cannot provide evidence of auto insurance coverage may have their driver’s license suspended by a judge, or be subject to a civil infraction.

May 3, 2016

Criminal Defense Lawyers Myths

by Scott Grabel

There are countless “myths” regarding criminal defense lawyers that run the gamut. Many people who’ve never dealt with a criminal attorney view them as somewhat shady (after all, who would represent a criminal?) or as individuals who are in it to make a fortune. Speaking of making money, why not just use a public defender instead of paying big bucks to a private criminal defense lawyer? There are many myths about criminal lawyers we’re going to attempt to de-bunk below.

All criminal defense attorneys are created equal

Wrong! Criminal defense lawyers can differ vastly in terms of their backgrounds, results they have achieved for clients, extent of education, experience, even their specialties or “practice areas.” Suppose you’ve been arrested for sexual assault, and the defense attorney you speak to works primarily with traffic or DUI cases and has never (or rarely) represented someone charged with sexual assault. Would you want him/her defending you? Not likely.

Public defenders are just as good as private criminal defense attorneys

April 29, 2016

Voice Technology Helping Law Firms Become More Efficient

by Scott Grabel

In the “old days” so to speak, law firms relied on their secretaries or administrative assistants to take dictation before typing out memos, letters, and other documents. Even over the last decade, it’s amazing how things have changed. Not only do we have the world wide web to provide us with a plethora of information (some of which is reliable, other not so much), we also have perhaps the greatest innovation of all for criminal defense lawyers – voice technology!

While some law firms still use the old “tried and true” methods of creating important documents, voice technology is gradually becoming a popular trend in the legal industry as attorneys and their staffs look for a way to capture all information accurately, while making the work environment more efficient. While dictation and transcription is still a much-used way to capture critical information and details, there are many flaws with this almost “antiquated” method in today’s modern world. For one, older dictation equipment is tape-based, which can result in break downs and all kinds of problems. Two, attorneys often have to locate an experienced transcriptionist to transcribe letters, reports, and other documents when an assistant isn’t available. Considering that today criminal defense lawyers in Michigan and across the U.S. as well as attorneys who focus on other practice areas are busier than ever, efficiency and accuracy is more important than ever.

Cost savings of voice technology for law firms

April 27, 2016

Michigan Trial Courts: Circuit, District and Probate Courts

by Scott Grabel

Many people are not aware of the fact that Michigan trial courts include the circuit, district, and probate courts. All of the courts serve different purposes, however the district court is the one most are familiar with and is often referred to as “the people’s court.” As far as the trial court with the broadest power in the state of Michigan, the circuit court reigns supreme. Probate court, naturally, is where issues involving wills, trusts, and estates are handled, along with other issues, which we’ll discuss below.

Michigan Circuit Court

Some of the court actions addressed in Michigan circuit courts include garnishments, seizure of property, domestic relations, name change, personal protection, order for testing of infectious diseases, and emancipation of a minor. In regards to criminal issues, the circuit court is also where felony criminal cases or civil cases valued at more than $25,000 are handled. For criminal purposes, the circuit court handles those cases in which an individual is charged with a felony crime, which in simple terms is a crime that may, if the individual is convicted, result in a prison term of longer than one year. Currently there are 57 circuit courts in the state of Michigan, located in various counties including Wayne County in which there are 61 judges who preside over circuit court matters.

November 24, 2015

Don’t Be a Victim: Black Friday Shopping Safety Tips

by Scott Grabel

It’s that time of year again – Thanksgiving, followed by one of the busiest, most hectic, and dangerous shopping days of the year, Black Friday. Whether you intend to go out and hit all of the great deals in-store, shop online, or do a little of both, it’s important to keep yourself, your identity, and your bank account safe.

Grabel & Associates has a few Black Friday shopping safety tips we hope you’ll find useful.

When shopping the malls, outlets, and retail stores in person, the key to staying safe is awareness. Whether you’re leaving the car to go into a store or coming out with an armload of packages, pay attention all around yourself – and watch behind your back.

April 2, 2015

Sexual Assault & Campus Safety – April is Sexual Assault Awareness Month

by Scott Grabel

April is Sexual Assault Awareness Month, an effort that began in the 1970’s and progressed over the decades after women in England protested the violence they encountered as they walked the streets after dark. These marches were known as “Take Back the Night,” and as word spread, the protests against violence against women grew. The first SAAM, or Sexual Assault Awareness Month, was observed across the U.S. in April of 2001.

Sexual assault on college campuses has become a growing concern in recent years, as more and more students are sexually assaulted both on and off campus. At Michigan State University, a program has been developed to both create a community that is free of violence and oppression, and respond to the students/families who have been impacted by sexual violence. Unfortunately, rape and sexual assault occur far more often than most people realize. MSU has numerous upcoming events in April addressing these issues, including Healing Through Movement on April 7 and 21, Greater Lansing Take Back the Night on April 8, Race for the Place on April 12, and Lavendar Reception & Mosaic Awards on April 19.

In April of 2014, the White House released “Not Alone, The First Report of the White House Task Force to Protect Students from Sexual Assault.” This report addresses identifying the problem with college campuses and sexual assault, preventing sexual assault on campus, responding by others when sexual assault occurs on a student, and improving the enforcement efforts of the federal government, making these efforts more transparent. The report can be found here.

December 9, 2014

Over Criminalization of Michigan and All of Our Country’s Population

by Scott Grabel

More and more each year, respected, hard-working citizens in our country are becoming “criminals,” mostly due to our over-zealous government. No where in the U.S. is this more true than in Michigan, where there are more than 3,100 crimes with the majority of those felony and misdemeanor offenses falling outside of the penal code. What is truly unfortunate is that today, an individual can commit a crime and not even be aware of it – often in the act of trying to do something nice or helpful for someone else.

America’s government has gained too much control over our lives. In fact, expansive government has seemingly fought to take away our right to life, liberty, and the pursuit of happiness. Today, millions of dollars are spent by U.S. states imprisoning individuals who are in no way a threat to society, even for crimes that prosecutors never for an instant thought were illegal.

One example of innocent individuals in Michigan who were put into legal jeopardy unknowingly in recent years includes a business owner who expanded his parking lot in an effort to accommodate his growing business. The land was later deemed a “wetland” by state regulators. Should the man be labeled a criminal? Of course not. This is one example of how ridiculously out of control criminal law is becoming.

December 3, 2014

National Impaired Driving Prevention Month Focuses on Bringing a Stop to Drugged Driving

by Scott Grabel

December is National Impaired Driving Prevention Month, a campaign implemented by the President to increase awareness across the nation of the dangers and potentially deadly consequences of drugged, drunk, or distracted driving. Consuming illegal drugs has become increasingly prevalent in our society in recent years. During the month of December, efforts will be made educate and inform about the effects of drugs on drivers, and the impact on highway safety.

Drugged driving has become more common than drunk driving, according to a national survey. While drunk driving is still a huge problem, drugged driving has become an even bigger issue. A national survey revealed that in the U.S., drugs were present in weekend nighttime drivers more than seven times as often as alcohol. In addition, it is estimated that at least one-fifth of accidents in the country are caused by drugged driving.

Alcohol is considered a drug, and is a growing problem with teenagers. Other drugs teens frequently abuse that impair driving include marijuana, the most popular illicit drug with teens. Other drugs likely to be abused include prescription drugs such as OxyContin, Vicodin, and other painkillers. Stimulants such as Adderall are also popular among teenagers.