Michigan Criminal Lawyers Blog

February 4, 2020

How Hazing At School Can Turn Into A Criminal Charge

The Practice Of Hazing

Hazing is a sort of ritualistic action that is meant to indoctrinate individuals to join into certain groups. This practice is typically meant to embarrass, demean, and devalue individuals as a sort of way to prove their loyalty to the group or team they are attempting to join. Hazing can consist of forced alcohol consumption, forced physical labor, along with various forms of humiliation. Hazing occurs on sports teams and clubs, along with college fraternities and sororities. Hazing is a ritual that is focused on power and control. While some hazing can be minor and generally innocent, other forms of hazing can easily go too far. Hazing can lead to criminal charges and penalties if certain factors are present.

Potential For Criminal Charges Due To Hazing

February 3, 2020

Feds Seizing Fentanyl At Record Levels At Detroit/Canada Border

by Grabel & Associates

What Is Fentanyl And Why Is It Being Smuggled Into The United States?

Fentanyl is an opioid that was originally intended to be used as a painkiller and in conjunction with other drugs for anesthesia. Fentanyl was approved for common medical use in the United States in 1968. As of 2017, fentanyl was the most commonly used synthetic opioid in the medical world. Now fentanyl is also used a recreational drug, often mixed with heroin or cocaine. As a painkiller, fentanyl is more than 100 times stronger than morphine. Fentanyl and its “structural analogs” are classified as Schedule II drugs by the federal government. This means that fentanyl has medical usefulness, but also a high potential for physical and psychological dependency and abuse. Structural analogs are synthetically made designer drugs that have a very similar scientific structure to the original but have a difference as to avoid criminal laws. Fentanyl has a handful of structural analogs that have also been declared illegal under state and federal law. The size of a few grains of salt of fentanyl could be a deadly dose to the user. It is an extremely powerful drug.

Fentanyl is now being seized at the United States/ Canada border in Detroit at alarming rates. Statistics show that from 2015-17 there was just over one-half pound of fentanyl seized in that three-year period. In 2018 alone that number nearly tripled to almost a pound and a half. As of 2019, U.S. Customs and Border Protection seized nearly 10.5 pounds of fentanyl. That is enough to kill nearly 1.5 million people. Nationally the rate of fentanyl seized today is 35 times what it was back in 2015. The recreational demand for fentanyl is at an all-time high. Its potency and addictiveness are what could continue to increase this frightening trend.

January 29, 2020

Switching Attorneys In The Middle Of A Case

by Grabel & Associates

Your initial choice in who your attorney is to defend you in a criminal case is obviously a very important one. Your attorney can single-handedly be the reason why you win or lose your case. Everyone wants the luxury of feeling that their attorney is the right one for the job every time they step foot in a courtroom. What happens if you aren’t happy with their work? What happens if the attorney-client relationship has gotten to the point that it is no longer workable? Are you allowed to switch attorneys in the middle of your case? Is that even a good idea? These are some of the questions that come about during certain cases. Sometimes, the attorney you initially hire really isn’t the person for the job and it is your responsibility to do something about it. That is, if the court will allow the change.

The Process Of Choosing An Attorney

The process of choosing an attorney can be quite complicated. All attorneys carry the same license no matter what their specialty. It is important to choose an attorney that has the experience necessary in your specific area needed in order for you to receive the highest level of representation possible. Would you hire a foot doctor to do an open-heart surgery? So then why do people hire divorce attorneys to handle their criminal cases? The answer is that many attorneys are simply good salesmen, or they were recommended by someone who isn’t an attorney themselves. It is not expected that you know how good an attorney truly is in whatever subject area, but in today’s day and age, you are more able than ever to properly research the attorneys you are considering in order to make the best choice possible. Attorneys come in all shapes and sizes. Whether you are looking for an attorney for representation on a traffic ticket or for a murder case, it is important that you take your time, meet with multiple attorneys and see which attorney fits your needs best before you make your decision. At Grabel & Associates, we always offer a FREE consultation so you can meet with us to discuss your case before you make any big decisions.

January 28, 2020

Blood Alcohol Test Results Tossed Due To Invalid Warrant In Fatal Motorcycle Accident Case

by Grabel & Associates

The Michigan Court of Appeals has recently ruled that the warrant issued to draw a motorcycle driver’s blood after a fatal accident was invalid and as such, the results are now excluded from evidence. This stems from a case that originated approximately two years ago. A 41-year-old Brooklyn, MI man was riding with his 39-year-old ex-wife when he lost control of the motorcycle and crashed, killing his ex-wife. A warrant was issued to draw his blood, and the results showed his blood alcohol level to be .136, well above the legal limit of .08. He was then charged in Jackson County with one count of operating while intoxicated causing death, reckless driving causing death, and an operating while intoxicated third offense. He faced up to 15 years in prison due to these charges. Neither rider was wearing a helmet at the time.

Police Relied On Defective Warrant

Most often, when police seek a warrant for a blood draw when they suspect someone of driving under the influence, they list factors that lead the officer to believe that the driver was intoxicated while they were driving. Typical factors include slurring of words, inability to walk straight, the smell of alcohol on their breath etc. In this case, the only factors the officer listed were factors like speeding and recklessness. There was no mention of anything related specifically to alcohol or intoxication. Police records show that the officer failed to mention witness accounts that the driver smelled like alcohol and that a homeowner found a bottle of Fireball cinnamon whiskey in his yard near the scene of the crash. A magistrate can only go off of the information provided in a warrant request, and in this case, The Michigan Court of Appeals said that the information on the warrant request simply wasn’t enough to warrant a proper blood draw. The court stated in its opinion, “nothing in the affidavit described how the fatal motorcycle accident occurred or why the circumstances of the accident suggested intoxication,” further stating that, “the affidavit consisted merely of nonspecific, conclusory allegations of speeding and recklessness.”

January 24, 2020

Odell Beckham Jr: Why We are Better for a Lack of a Warrant

by Grabel & Associates

In the wake of his alma mater LSU winning a national championship, video surfaced of Odell Beckham Jr. (OBJ) gently tapping a police officer on the posterior. The acts of Beckham led to two potential arrest warrants. The first proposed warrant was for sexual assault. The second proposed warrant was for misdemeanor assault and battery. The sports world turned from a historic victory for LSU to wondering if OBJ would actually be prosecuted for this act. While an action like this may seem insignificant, if OBJ was charged and convicted, he may have been suspended from the NFL and had his life altered. To gain insight into this story we spoke to leaders in the criminal law community to gain their insight.

Scott Grabel is the founder of Grabel and Associates and has built a law firm that is know as the top criminal defense team across the state of Michigan. When asked for commentary, Grabel said, “Sometimes in our profession people can get carried away. Beckham was in a locker room celebrating with young kids from his school. He clearly had no intent to hurt anybody. To charge him with a crime, let alone a sexual offense would’ve been a miscarriage of justice.”

January 24, 2020

What Is An Expert Witness?

by Grabel & Associates

An expert witness is someone who is able to testify about some sort of specialized field that is important in a trial. An expert witness typically didn’t actually “witness” anything. Most witnesses that testify in court testify to some sort of first-hand personal knowledge regarding the case at hand. An expert witness almost assuredly was not anywhere near the incident when it took place, nor has any first-hand knowledge of the case outside of what evidence was presented to him or her. According to Rule 702 in the in both the Michigan and Federal Rules, an expert witness is someone who can use their expert knowledge in a particular scientific, technical, or other specialized area to help determine what the facts are in a specific case.

How Is Someone Deemed An Expert Witness?

In the state of Michigan, in order to become an expert witness in a case. A court must first determine the need for an expert and then agree that the field of expertise is a recognized one. An expert is subject to being questioned by both attorneys and the judge regarding their expertise on a particular subject before they are deemed an expert witness for the case at hand. An expert witness typically has a high level of formal education on a particular subject and is also usually a published author regarding the same subject. Once an expert is allowed to testify, they typically give their opinions on specific areas of evidence in a particular case. An expert witness will draw their own opinions and conclusions from applying reliable principles or methods to the case at hand. Expert witnesses are extremely valuable to both prosecution and defense.

January 23, 2020

Michigan Datamaster Results Possibly Faulty?

by Grabel & Associates

The Michigan State Police suspended its contract with the vendor who issues and calibrates their Datamaster machines. A Datamaster is the machine you blow into at the police station if you have been arrested for a drunk driving. The Datamaster is the considered the most accurate breath test and is the only breath test that is admissible in court against you. The roadside preliminary breath test (PBT) is only used to give an officer the right to arrest you if the PBT detects intoxication. The PBT is not admissible in court, only the Datamaster or the results of a blood draw are. The state police affirmed that their Datamaster vendor has had “performance-related issues” and, as such, will no longer be working with this vendor. As a result, all 203 Datamasters that are used across the state have been pulled from use. For the time being, the Michigan State Police has put the responsibility on themselves to properly calibrate these machines before they go back into use. They have also recommended police agencies to use blood draws instead of Datamasters to establish the intoxication element of a drunk driving charge.

Who Is Responsible?

The state police said in a statement that they are aggressively investigating the vendor for potential fraud committed by some of its contract employees. The vendor, Intoximeters, out of St. Louis, MO, has three contract employees who handle the calibration and certification of all 203 Datamasters statewide. These are the people in question according to the Michigan State Police. They believe that some certification records appear to be falsified. Because of this, an investigation has commenced with an eye towards forgery of public documents charges.

January 22, 2020

Should You Refuse A Roadside Drug Test?

by Grabel & Associates

An Introduction The State Of Michigan’s Roadside Drug Testing Program:

The State of Michigan launched a roadside drug testing pilot program back in 2017. Since marijuana being legalized for medical and now recreational use, police statewide have been looking for a test to be alongside the Preliminary Breath Test (PBT). The roadside drug testing program started out only in 5 counties; Berrien, Delta, Kent, St. Clair, and Washtenaw County. Across the 12 different police agencies that are active between these counties, there are 31 “Drug Recognition Experts.” A Drug Recognition Expert is an officer who has completed 72 hours of classroom study, along with 40 hours of field study before they are certified by their respective police departments. These Drug Recognition Experts were each given a saliva drug testing device to use if they suspect driving under the influence of drugs. If there was a saliva test that tested positive for the presence of drugs, then that sample would be sent to state lab for confirmation.

What Were The Initial Results Of The Program?

January 21, 2020

CSC Reporting on the Rise

by Grabel & Associates

One crime that has been on the rise in the state of Michigan is Criminal Sexual Conduct (CSC). The “Me Too Movement” and other court personnel such as Victim’s Rights Advocates have led those with the claim of being raped to come forward years after the fact. The impact that this is having on the Michigan Criminal Justice System is startling. To learn more about the reporting of CSC’s we turned to several of the top criminal defense lawyers in the state of Michigan to gain their insight.

Scott Grabel is the founder of Grabel and Associates and has created a law firm which is comprised of the top criminal lawyers in our state. When asked about the impact of the new charges, Grabel stated, “The goal of the “Me Too Movement” is to give victims a voice and for that I commend it. The issue that we are starting to see if that allegations come forward decades after the fact with no physical evidence. We are in a situation where anybody can be accused of anything and that is a difficult place for the defendant to be. As criminal defense lawyers, we need to be on top of our game at all times.”

William Amadeo is a Partner at McManus and Amadeo and a Senior Associate for Grabel and Associates. Amadeo has developed a reputation as the top criminal defense lawyer in Washtenaw County and provided commentary when he said, “In Washtenaw, I believe the prosecutor’s office charges 43% of the time (last study). With that stated, we are seeing a lot of delayed reporting cases across the state and many counties outside of Washtenaw are charging at a much greater percentage. When there is no physical evidence the case becomes a one on one credibility contest and the job of defense counsel is not simply to argue the facts but to center on the personality of the defendant and their positive attributes.”

January 21, 2020

Michigan Supreme Court Rules To Allow Cell Phones Inside Courts

by Grabel & Associates

If you have ever stepped foot in a Michigan courthouse, you have undoubtedly encountered the “no cell phone” rule. Michigan courts have typically only allowed court personnel and attorneys to take their cell phones, tablets etc. inside courthouses past the metal detectors that you usually first encounter. Some courts have small lockers that you can use to lock up your phones, while other courts simply tell you to leave your phone in the car. Leaving your phone in the car is a problem if you don’t have a car or didn’t drive to court. People who take public transportation, bike, or Uber to court are often left wondering where they can put their phone since they aren’t allowed to take them inside. Some people even resort to hiding their devices in bushes outside of courthouses. As of the beginning of 2020, that has all changed. On January 8th, the Michigan Supreme Court amended the Michigan court rule (MCR 8.115) to allow cell phones, tablets, laptops, and any other similar items inside Michigan courthouses. It allowed people to have the ability to research, communicate, and take notes electronically. This is a major change from the past.

What are the permitted uses of cell phones inside courthouses?

You may now use your cell phone or other device to send and receive text messages, take notes, and access email and the internet while inside courthouses and courtrooms. You are now able to also take photos of court documents within the court clerk’s office so long as you don’t leave any mark or impression on the original document. This is a big departure from how things were done in the past where members of the public would have to pay as much as $1 per page for copies.