Michigan Criminal Lawyers Blog

October 25, 2017

Grabel and Associates Win Landmark Case

The law firm of Grabel and Associates won another landmark case when prosecutors dismissed sexual assault charges against a former Michigan State Police trooper Brian Alexander after the Michigan Supreme Court ordered a new trial on the matter.

Scott Grabel of Grabel and Associates led the defense team in a battle that lasted over 2 years. Grabel stated, “While it took a long time, I’m glad the Ingham County Prosecutor’s Office did the right thing and dismissed the charges. We had to go to the Michigan Supreme Court to fight for Mr. Alexander and there is no doubt in my mind that the man is 100% innocent.”

Brian Alexander was 33 years of age when he was convicted on four counts of second-degree criminal sexual conduct after a 2015 trial in Ingham County Circuit Court. A judge later vacated that decision and the case then went through the Michigan Appellate Court system. Alexander was awaiting a second trial when the Ingham County Prosecutor’s Office dismissed the charges on Sept. 25.

October 24, 2017

The Mistrial: The Misunderstood Motion

by Bill Amadeo

One topic that is often at the center of law school lectures but is not an issue that garners a great deal of publicity is the mistrial. The mistrial is one of the most difficult motions that any litigator will ever face should they decide to go that route. The key to a successful mistrial motion is the concept of prejudice but to display that a party has been disadvantaged is easier said than done. Case law, litigators, and the general public are often left with a great deal of confusion when addressing the issue. Our goal today will be to provide insight on the topic along with commentary from leaders in the field. Let’s begin by discussing what the black letter law states and then delve into the shade of gray which is where the issue lives.

We start this discussion by reviewing case law on the topic. In the case of Wolfe v. Peery, we find that: “A trial court should grant a mistrial only when a party’s chances of receiving a fair trial have been irreparably damaged, and we use the deferential abuse of discretion standard to review trial court ruling denying a mistrial.” While the case law says one thing, the application of the motion is an entirely different process. Scott Grabel of Grabel and Associates is the leader in criminal defense in the state of Michigan. Grabel and other leaders in the field provide commentary on the issue.

Grabel stated, “Many attorneys like the idea of bringing a motion for a mistrial but do not understand intricate their motion must be. In fact, if you are banking on winning the motion you are putting your client in a precarious situation. Case law indicates that a mistrial is only granted if the court is apprised of prejudice that it deems to be incurable. In the simplest of terms, the court is reluctant to grant such a motion. Our motion writers have found a great deal of success, but that is because they look at the issue globally which is an unusual but effective process.”

October 17, 2017

The Plain Smell Doctrine: A Dangerous Issue to Your Freedom

by Bill Amadeo

With the growing interest in medical cannabis within the state of Michigan, prosecutions for drug possessions have grown by leaps and bounds, the main reason for this is the “Plain Smell Doctrine.”

The “Plain Smell Doctrine” is a concept that that taken on a life of its own within the state of Michigan. In what may shock the conscience, Michigan law recognizes that the smell of marijuana alone by a person qualified to know the odor may establish probable cause to search a motor vehicle, under the motor vehicle exception to the warrant requirement. This has led to a great deal of concern in the criminal law section of our state. The leader in criminal defense in our state is Scott Grabel of Grabel and Associates. Grabel weighed in on the topic of the “Plain Smell Doctrine” for this article.

Grabel stated, “The Kazmierczak case changed the face of criminal litigation. That case provided that burned, unburned and the burning of marijuana could lead to a justification of the police searching the entire vehicle. This is stating that the officer is qualified based upon one of his senses to “create probable cause” and having that theory in place puts everyone in jeopardy. It is as if the medical cannabis user is becoming a target even while having a valid Michigan Medical Marijuana Card on their person.”

September 20, 2017

Excluding a Piece of Evidence from Trial – The Exclusionary Rule

by Scott Grabel

As the name implies, the exclusionary rule works to exclude or “leave out” a piece of evidence in a criminal or civil trial. Essentially, this rule is used in courts across the U.S. to keep people’s constitutional rights from being abused by police or other government agents. Anyone who has watched CSI or other crime dramas on television has probably heard of the exclusionary rule, however most of these shows don’t properly depict how this rule can impact the outcome in real world cases.

Essentially, evidence that is gathered by the prosecution in an unlawful manner should be excluded from trial. When evidence is obtained in an illegal manner it may violate the constitutional rights of the defendant; if so, it cannot be used as evidence against the defendant in an effort to secure a conviction. Examples of this are when police, law enforcement agencies, or other government agencies collect evidence in an unlawful search or seizure, or other conduct that violates the defendant’s constitutional rights.

Suppose you are pulled over while driving down the road and police have no probable cause or reasonable suspicion for doing so. You weren’t speeding, driving in an erratic manner, or violating any traffic rules. All of your headlights, tail lights, and brake lights are working and your tags haven’t expired. There was absolutely no reason for police to pull you over, however in doing so they find a bag of marijuana or other illegal substance in the passenger seat. Can the bag of marijuana or drugs be used as evidence to prove the crime of drug possession? Under the exclusionary rule, it shouldn’t be admissible as evidence.

September 14, 2017

Cannabis Community Disturbed by State Board Meeting

by Bill Amadeo

On September 12, 2017, the Michigan Medical Marihuana Licensing Board left many patients and caregivers with a sense of fear and frustration. As one member of the audience stated, “Does this board want us to start buying drugs on the street? That’s what it sounds like to me? I did everything right and now they are going to compromise my medical needs!!!”

The words of that patient was shared by many when updates were released from the Michigan Cannabis Community. The highlights of the meeting are outlined below and lead many to wonder what will happen next. The points that were stated include:

1. Dispensaries will close on December 15 and will not reopen until late March (if ever).

September 13, 2017

Cannabis License Meeting’s Leave Citizens in Fear

by Bill Amadeo

What if I told you that a business that seems to be legal and a cure to the economic crisis in the state of Michigan was growing more vulnerable by the day? While that may seem like a stretch to many that are reading this, the first meeting of Michigan’s Medical Marijuana Licensing Board in June of this year left far more questions than answers and in all communications since the issue of medical cannabis has grown even murkier. We are left with the thought that the issue of medical cannabis can be the savior for the consistent Michigan economic crisis or it could lead to an array of criminal prosecutions. To address some of these answers, we turned to leaders in the legal community to provide insight. What they had to say was insightful but also should put cannabis dispensaries on alert.

We started the research by speaking to Scott Grabel and Grabel and Associates. With offices in Lansing, Ann Arbor and Grand Rapids, Michigan, Grabel has evolved into the leader of criminal defense in the state of Michigan. Grabel stated, “When Governor Rick Snyder named Rick Johnson as the Chairman of the Cannabis Board he sent a clear message that the state was going to have a conservative spin on the topic. In addition to Johnson, Board Member Donald Bailey has stated clearly that every dispensary operating right now is in violation of the “Michigan Medical Marihuana Act” and with that comment being placed on the public record, our state will be faced with two critical issues: The first being that they can leave business as usual and not threaten prosecutions. The other option has far greater consequences to one’s freedom but can also equate to money for the state. If Michigan starts a sweep of criminal prosecution there could be many fines levied and that is a direction the state could go. While this is not a pleasant thought, it is a possibility that we need to face head on and with intelligence. If we prepare for that possibility we can preserve freedom, if we are negligent, a lot of good people can face a multitude of ugly consequences.”

Matthew McManus, a partner at Ann Arbor Legal, in Ann Arbor, Michigan weighed in. McManus stated, “It is amazing how many lawyers are making money by providing bad advice. It is almost as if many litigators are overlooking the preemption issue. The 10th Amendment is not a guarantee to be a safeguard in this situation. This is the dawning of a new age in Michigan but the only ones’ that can reap the benefits are those that are a step ahead of the game. To not prepare or have an attorney provide you lip service is not going to be advantageous to anybody. If you have been in violation, the time to mitigate intelligently is the move as opposed to posting about cannabis on Instagram and Facebook. The lack of intelligence displayed by some of those in our field is shocking. This board is not one that is going to display a great deal of forgiveness for a lack of respect. As a group, we need to prepare and do better.”

September 11, 2017

Looting, Price Gouging, & Other Unfortunate Consequences of Hurricanes

by Scott Grabel

Unfortunately, many people look at the potential misfortune others face as an opportunity to “loot” others’ possession, raise

Courtesy NOAA National Weather Service National Hurricane Center/Handout

prices, and commit other crimes. Given the harsh hurricane season and Hurricanes Harvey and Irma, those in the Houston areas and all across Florida may become the victims of looters and price gouging in addition to the other issues they face following the devastation often left behind.

Following Hurricane Harvey in the Houston area, officials were not going to make it easy for those who were considering breaking into homes or businesses for the purpose of stealing. Lawmakers vowed zero tolerance for looters, and according to news reports arrested 14 individuals. Other reports claimed that following the hurricane, nearly 100 firearms were stolen from stores in the area. Continue reading

September 7, 2017

Blue Sky Laws: A Hidden Danger to Criminal Prosecution

by Bill Amadeo

One form of criminal prosecution that has been on the rise throughout the state of Michigan has to do with the famed “Blue Sky Laws” which has consistently presented issues in the white collar sect of criminal prosecution. While the laws were put into place to protect investors, the application of the laws have led to a tremendous amount of confusion. The leader in criminal defense in the State of Michigan is Scott Grabel of Grabel and Associates. One of the ways that Grabel has earned his reputation is through the defense of “White Collar” crimes. Grabel, along with other leaders in the field provided insight on the matter. Let’s build an understanding of the law and then explore the practical application of the statutes in place.

To begin, there are federal requirements to the law. Securities are subject to state registration requirements under state securities laws. In our state we have several registration exemptions for offerings to a limited number of investors which makes the filing of foreign LLC’s in the state of Michigan a dangerous proposition. In some cases, Michigan exemption provisions are preempted by federal law but in many other cases they are not. When asked about the laws, Scott Grabel provided insight on the manner. Grabel was quoted as saying, “There is a danger to the Commerce Clause when we look at the issue of Blue Sky Laws globally. Generically speaking, all securities sold in a particular state must either be registered there or be exempt from registration; and all broker-dealers and their representatives must be registered there or be exempt from registration. The origination of the law causes a great deal of confusion for investors. People seem to think that Justice Joseph McKenna created the term in the famous Hall case but that’s not actually factual (Hall v. Geiger-Jones Co., 214 U.S. 539, [1917]). Without knowing how the term was created makes it almost impossible to see the evolution of the law. When our firm started to defense people charged with a violation of the law, we studied the origins and created case studies from there. The work put in on the front end of the litigation has helped us achieve a great amount of success for our clients.”

Matthew McManus, a partner at Ann Arbor Legal in Ann Arbor, Michigan weighed in on the civil litigation aspect. McManus stated, “Whenever our firm deals with foreign investors, we have a series of questions that have to be addressed, the first being how many investors does the company plan to have. There are a number of limitations that far too often get overlooked. If your client-intake is flawed, your entire representation can lead to harm for your client and a malpractice claim. Diligence is crucial in this regard.”

August 28, 2017

Gun Ownership & Self Defense in Michigan

by Scott Grabel

Most people who own a gun in Michigan either purchase it for hunting, or protecting their property and family. It can be a comforting feeling to know you have a way to defend yourself if necessary, however many don’t realize the legal ramifications of shooting or killing someone who they believed was threatening their life or invading their property.

In June of 2016 a Jackson County man was charged with two counts of second-degree murder after he shot two teens who were on his property and attempting to break into his vehicles. Is this self-defense? Tracy Lawrence reportedly shot at the boys as they were fleeing, which under Michigan law is unlawful. In order to use a self-defense claim, a person has to have reasonable fear that his or her life is in imminent danger, or that great bodily harm will occur.

A similar incident occurred in Minnesota when a 65-year-old man shot at a vehicle in which three teens who were “casing” his home for a future burglary were attempting to flee after the man came to the window and startled the teens. The man claims he was shooting at the front tire in an effort to stop the teens, however a bullet struck the driver and killed him. He now stands charged with reckless discharge of a firearm and second-degree manslaughter.

August 25, 2017

Fentanyl, a Powerful Opioid We’ve All Become Familiar with in Recent Years

by Scott Grabel

Following the death of Prince in 2016, Fentanyl became a well-known painkiller that prior to that time was rarely mentioned. Unfortunately, people often take this drug believing it is hydrocodone although it’s said to be 50 times stronger than heroin. Still, regardless of the danger, many continue to sell or distribute this Schedule II drug which not only causes severe dependence but is highly abused. While it is approved for use in cancer patients with excruciating pain, using it in any criminal manner may result in serious consequences.

Used as a recreational drug, many who purchase what they believe to be other narcotic drugs such as heroin or opioid drugs often don’t realize the drug is actually fentanyl disguised as another pharmaceutical or “street” drugs. Over the last 17 years thousands of individuals have died as a result of using fentanyl, even when prescribed by medical professionals but used improperly by patients in some cases.

Fentanyl is highly potent, and can result in overdose when used by those who are seeking a “high” because of its addictive properties. Derived from morphine, fentanyl is not only administered via IV prior to surgery but can also be taken in tablet, lozenge, film, powder, nasal spray, or transdermal (through the skin) form.