We covered what a juvenile lifer is in a previous blog, you can find that information as well as a more detailed history of how we got to this point here. If you weren’t currently aware, the state of Michigan is undergoing an overhaul as to how juveniles charged with serious cases are sentenced. A recent Supreme Court ruling has deemed life sentences for juvenile offenders unconstitutional, and as such, have required all juveniles who have been sentenced to a life term to be brought back for resentencing under the new rules. This ruling affected about 350 cases, and they are slowly having their cases brought back to court for a possible second chance. About half of these cases have been brought back for resentencing since the Supreme Court made its decision retroactive to all juvenile lifer cases back in January of 2016. Here is a recent story dealing with one of these cases:

The Original Case

At the age of 16, Charles Finch was convicted for his role in conspiracy, robbery, and the first-degree murder in the stabbing death of a man of a man in his home. The victim’s then-fiancé promised to share the proceeds of a life insurance policy if they killed the victim. Finch committed this crime with two others, who were 17 and 14 years old then respectively. The three teens went to the victim’s house in Jackson, Michigan and were let inside where the victim was beaten, bound, robbed, and ultimately stabbed to death. It was not alleged that Finch stabbed the victim, rather it was it was one of the other boys who did. Finch, however, was accused of hitting the victim over the head with a wrench during the robbery.

Case History

In a case that is described as one of the biggest of its kind, an Ohio doctor has been charged with murder relating to the deaths of 25 patients under his care. He has been indicted with 25 counts of murder relating to these patients. He is accused of ordering large doses of painkilling medication to patients that were nearing the end of their lives. Many of these patients were on ventilators or other devices helping them stay alive. These patients died during a three-year period from 2015-2018. None of the staff who actually administered the painkillers are facing criminal charges since the theory is that they were ordered to give these doses by the doctor, and they were just doing their jobs. The prosecutor in this case likened what the doctor did to blowing out a candle that is nearly out. He said, “the candle, while there may be just a half an inch of wax left, if I blow that candle out, I’m causing that flame to go out sooner than it would naturally.” The defense has looked to paint a different picture. The doctor’s attorney has stated that the doctor was trying to provide comfort care to these patients and was not attempting to euthanize anyone. He further said that these patients were soon going to die whether they were being treated by this doctor or someone else. The local health system reviewed medical records relating to this doctor and stated that he ordered potentially fatal doses to 29 patients. The case will hinge on whether the prosecution is able to prove that the doctor deliberately tried to essentially euthanize his patients with painkiller overdoses.

The Danger Of Fentanyl

The county where the city of Battle Creek sits just launched a new juvenile diversion program. Called ASPIRE, the program is aimed at juveniles who are accused of misdemeanor crimes who are users of drugs, alcohol and even tobacco. The recent rise of vaping has led to a bigger focus on the abuse of tobacco, this coincides with the recent age increase from 18 to 21 to be able to legally purchase or use tobacco products. ASPIRE stands for Adolescence Substance Abuse Programming Through Innovative Recovery Education. Being successful in this program can keep a juvenile out of the justice system while keeping their criminal record clean.

What Happens In A Diversionary Program?

A diversionary program is a program typically designed for first time offenders for specific types of crimes. In the state of Michigan there are state mandated diversionary programs that range from Minor in Possession of Alcohol (MIP) cases all the way to a first-time charge of Domestic Violence. The program will set a specific focus on behavior areas that need to be brought under control or stopped completely. Expect things like alcohol and drug testing and counseling, anger management classes, and community service, etc. There is typically a period of probation in which the offender will have to meet these specific requirements in order to be successful. If the person completes the program successfully, they will end up with a dismissal of the original charge and keep a clean criminal record.

The Michigan Sexual Registry (SORA) has always been known as an over-inclusive entity. A recent ruling from the United States District Court has ruled much of the registry unenforceable until fixed. The decision rendered by U.S. District Court Judge Robert Cleland may have a profound effect on the Michigan criminal justice system. To learn more about the impact of Judge Cleland’s decision, we spoke to several of the top criminal defense lawyers in our state.

Scott Grabel is the founder of Grabel and Associates in Lansing, Michigan. Grabel and Associates are known as the top criminal defense team in the state of Michigan. When asked about the decision, Grabel stated, “Parts of SORA was deemed unconstitutional in 2015, 2016 and 2019. With this decision, we see that the entire registry could be deemed unconstitutional in time. For now, those whose offense occurred before 2011, the entire SORA in unenforceable.”

Peter Samouris runs the “Samouris Law Firm” in East Lansing, Michigan, and is a Senior Associate at Grabel and Associates. Samouris, known as an active litigator in Ingham and Kent County, stated, “It was inevitable that Michigan would have to deal with the mess they created as to cases that predate 2011.”

Have you ever taken your computer to Best Buy to have work done by The Geek Squad? If so, let’s hope that you had nothing incriminating on your computer because the Cyber Working Group for the FBI may have access to your information.

The prosecution of Mark Rettenmaier, a doctor from California came to light because he took his laptop to a local Best Buy. Best Buy then sent Dr. Rettenmaier’s computer to the Kentucky Geek Squad repair facility. It was then learned that the Geek Squad employee called the FBI’s Louisville field office to share the allegedly illegal material. We are left to wonder if one’s Fourth Amendment Rights are violated in this process. To gain insight into how this issue affects the Michigan criminal justice system, we spoke to several of the top criminal lawyers in our state.

Scott Grabel is the founder of Grabel and Associates and has built a law firm that is known as the top criminal defense team in the state of Michigan. When asked for commentary, Grabel stated, “The issue we have to review is whether a defendant loses their expectation of privacy when they hand their computer over to a third party. There has been documentation that payments have been made to confidential Geek Squad informants. If this is the case, there is a concern for constitutional violations.”

One issue that is at the center of controversy in our criminal justice system is bond reform. A New York Daily News article written by Graham Rayman about a drug trafficking ring being released without bail captured the attention of Google. The article focused on a New York state law makes nonviolent drug trafficking is not on the offenses that a judge can impose bail. While New York has taken the lead on bail reform, Michigan is considering a change on the issue of bond. To discuss this issue, we obtained commentary from leaders in the criminal defense sector.

Scott Grabel is a founder of Grabel and Associates and has created a team of criminal defense lawyers that are known as the top in the state of Michigan. When asked about bail reform, Grabel stated, “One thing that has to be understood is that there is a presumption of innocence when somebody is charged with a crime. That is often forgotten about in our criminal justice system. When a defendant is given a high bond, it cripples their defense and can invade their constitutional rights.”

William Amadeo is a partner at McManus and Amadeo in Ann Arbor, Michigan, and a Senior Associate for Grabel and Associates. Amadeo is known as one of the top criminal defense lawyers in the state of Michigan and proved commentary on the issue. Amadeo said, “Far too often we see heightened bonds without a Magistrate knowing all of the facts. Luckily, we have two tremendous Magistrates in Washtenaw County in Elisha Fink and Tamara Garwood that look to protect the community while protecting the constitutional rights of the defendant. In many other counties, the imposition of the bond becomes an issue of danger to the defendant. If a defendant does not have the option to get bonded out, their chances of winning at trial are greatly reduced. I understand the pressures of the prosecutor to make certain that the defendant comes to court, but we have to meet somewhere in the middle for all involved.”

As of November 2019, the state of Michigan approved the ability for licensed marijuana dispensaries to deliver marijuana and related products to their customers. This adds onto the already-legal medical marijuana delivery system that was previously approved by the state. The state of Michigan has guidelines on both medical and recreational marijuana delivery services that you can read more about here. Once more recreational stores are licensed and operational, this is expected to be a booming business along with the already strong medical marijuana industry. You can already simply go online and order what you like if you are a medical marijuana patient. This delivery service will serve as a natural extension to what is already in place.

Who Is Allowed To Deliver Marijuana?

Only licensed delivery drivers are allowed to deliver marijuana. The drivers must be over 21 years of age with a valid license to drive. The drivers cannot carry more than 15 ounces of marijuana at any time. Delivery cars must have a GPS locator and any product must be secured inside the vehicle if left unattended. The drivers are not allowed to be employed by more than one delivery service or dispensary. Delivery drivers may only make up to ten deliveries before being required to go back to the dispensary before any further deliveries. The state can request these records for review at any time to ensure compliance. Deliveries must be made to either a residential address or a previously state approved place for marijuana consumption. Basically, have it delivered to your address in order to avoid any issues.

A Grand Blanc, MI man was convicted of second-degree murder for the stabbing death of his wife. He was convicted back in 2017 due to evidence that he knocked her over the head with a flashlight and stabbed her six times with a military style knife. One of the stabs was directly into the victim’s heart. He then took selfie videos after the incident confessing to killing her, but never called 911 or any other help. The judge presiding later sentenced the 46-year old man to a minimum of 50 years in state prison before any eligibility for parole.

In the state of Michigan, a prosecutor can charge what is called “open murder” which gives a jury different options as to which murder charge is most appropriate if any. In the current case, the decision was made by the jury to convict on second-degree murder instead of first-degree murder. The reason this is important in the current case is that when a jury convicts on first-degree murder, the sentence is pretty much set as life or any term of years. If a jury comes back with a verdict finding that the defendant is guilty of second-degree murder, then the judge in the case has wide latitude in determining sentence due to sentencing guidelines. The judge here decided to far exceed the sentencing guidelines as the defendant had a sentencing guideline minimum of 13.5 years. The Michigan court of appeals has now said that the judge went too far in sentencing the defendant to a minimum of 50 years and sent the case back to the trial court for resentencing.

What Are Sentencing Guidelines?

In a move that may present changes to the California Legislature, Senator Nancy Skinner (D-California) has announced a bill that would raise the age of adult prosecutions to 20 years of age within their state. Senate Bill 899 has garnered a tremendous amount of attention on social media. It could have a profound effect on Michigan legislation.

Senator Skinner has publicly stated, “When teenagers make serious mistakes and commit crimes, state prison is not the answer. Processing teenagers through the juvenile justice system will help ensure they receive the appropriate education, counseling, treatment, and rehabilitation services necessary to achieve real public safety outcomes.” When asked about this legislation and its impact on the state of Michigan, we spoke to leaders in the criminal law community to gain their insight.

Scott Grabel is the founder of Grabel and Associates and has created a law firm that is known as the top criminal defense team in the state of Michigan. When asked about Senate Bill 899, Grabel stated, “The “Raise the Age” plan by Senator Peter Lucido (R-Shelby Township) has also made strides to protect young people. The reality is that juveniles should be treated differently than their adult counterparts in the criminal justice system. The California Bill could have a profound effect on protecting our youth across the country.”

One of the few civic requirements we have as U.S. citizens is that of jury duty. There aren’t many terms that get the collective “ugh” like jury duty does. It is one of our highest responsibilities, yet it is generally viewed in a pretty negative way. The first thing that most people do when receiving a summons for jury duty is to reach out to their lawyer friend to ask them how to get out of it! In this quick guide, we will discuss who gets chosen for jury duty, what to expect if you are chosen, and what can happen if you don’t show up.

Who Gets Chosen For Jury Duty?

Any U.S. citizen aged 18 or older is eligible to be chosen for jury duty as long he or she doesn’t have any felony convictions. The jury pool is comprised of people who live in your district that have a valid ID or driver’s license. You must be able to communicate and understand the English language in order to serve as a juror. You also must be physically and mentally able to carry out the functions of a juror to serve as one. If you have physical limitations that prevent you from sitting in one place for too long or have any mental limitations that prevent you from being able to pay close attention for longer periods of time then those could be legitimate reasons to be excused from serving as a juror. If you are older than 70, then you may request an age exemption from jury service. Finally, you may not serve on more than one jury in a twelve-month period.

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