Michigan Criminal Lawyers Blog

June 3, 2016

Reinstating a Driver’s License in Michigan

An individual’s driver’s license may be revoked due to multiple convictions for driving under the influence (DUI); in some cases, a person’s license may be permanently revoked if that individual has been convicted for DUI repeatedly over a specific time period. Is it possible to get a revoked license back in Michigan? In most cases – but be warned, the process is very complex.

The first step you must take to have any chance of getting your driver’s license reinstated is to file a request with the Michigan Secretary of State’s DAAD (Driver Assessment and Appeal Division). However, there are certain guidelines that must be followed, and you cannot request a hearing at any time of your choosing. For example, if your driver’s license was revoked due to being convicted for DUI twice within seven years, you must wait for one year following the revocation before filing a request with the DAAD. If you were convicted on DUI charges three times within 10 years, you may file a request after one year has passed; however, if your license was revoked at any time during the seven (7) years prior to the ten-year period in which you were convicted three times for DUI, you will have to wait for five years to file a request. As you can see, determining when you may be eligible to file a request with the DAAD is quite confusing.

June 2, 2016

Heroin Addiction & Crime in Michigan

by Scott Grabel

Over the past two or three years heroin has made a strong comeback in West Michigan, resulting in not only countless deaths due to overdose, but a substantial rise in criminal charges. HIDTA, or high intensity drug trafficking areas, include Grand Rapids, Kalamazoo, and Detroit, among others. Not too many years ago, Flint became a city that ranked continuously as one of the most dangerous cities in the U.S. for several reasons, one being a sharp increase in heroin use. How does the increase of heroin addiction relate to the increase in crime in the state?

In regions where heroin addiction is high (particularly HIDTA regions), violent and property crimes are quite common. Heroin addicts often know no boundaries when it comes to getting their “fix,” and those who distribute or traffic heroin will go to almost any lengths to protect their distribution operations. Some of the most common criminal offenses committed by addicts who seek the funds to support their addictions include burglary, robbery, retail fraud, and other theft crimes.

May 28, 2016

How Violence and Crime Have Hurt Michigan Education

by Scott Grabel

School violence and crime are problems in many cities across the U.S., and while it’s believed violence is decreasing, many schools fail to report incidents. This means the data on school crime is somewhat unreliable, and unfortunately incidents involving violence are often downplayed. In Michigan, violence and crime in schools seems especially problematic, particularly in high-crime areas such as Detroit, Benton Harbor, and Flint.

While violence and crime occur in middle schools and high schools, colleges and universities have become top stories in the news recently as it seems sexual assaults become more common (or at least more are being reported). In 2015, MSU (Michigan State University) was ranked the most dangerous campus in the country by crimewatchdaily.com, taking data from 2013. MSU ranked fourth in per capita crime rates in the country.

May 27, 2016

Investing in Youth Through Education

by Scott Grabel

We all know that children often become what they’re exposed to, whether they live in high-crime areas, are the victims of abuse and neglect, or exposed to a substantial amount of crime/violence through television, video games, etc. Thankfully, fighting crime through education, school programs, and providing support for troubled kids can help us build a future society of young people who instead of turning to crime can live productive, successful lives and hopefully avoid becoming a defendant in the criminal justice system.

Education is Our Future

Children today are tomorrow’s adults; what we must do is instill in kids that crime and violence are to be avoided. This can begin at a very young age, and impact how our world will look 10 or 20 years from now in terms of crime rates. An organization called Fight Crime: Invest in Kids supports anti-crime efforts and takes a close look at research regarding what we can all do to help ensure today’s kids don’t become tomorrow’s criminals. The organization provides information that helps parents, police, and the general public understand what steps can be taken to improve kids’ lives and educate them about crime.

May 20, 2016

Michigan Juvenile Lifers Win Court Victory

by Scott Grabel

– Hill V. Snyder, 6th Cir. 2016

On May 11, it was ordered by the U.S. Sixth Circuit Court of Appeals that a “meaningful and realistic opportunity for release” must be granted to all Michigan juvenile “lifers,” or those sentenced to life in prison without parole for crimes allegedly committed when these individuals were juveniles. Currently, there are more than 364 individuals incarcerated in Michigan’s prisons who were sentenced to spend their entire lives there for crimes they committed as children.

In the case of Hill v. Snyder, the ruling by the Sixth Circuit follows two U.S. Supreme Court decisions that sentencing juveniles to life in prison without parole is unconstitutional (Miller v. Alabama); further, this punishment has been declared as “cruel and unusual punishment.” The decision in the Miller v. Alabama case is retroactive to all juvenile lifers (Montgomery v. Louisiana).
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May 18, 2016

What Are White Collar Crimes?

by Scott Grabel

There are many offenses that fall under the category of white collar crimes, but all are generally motivated by the possibility of financial gain. Some of these crimes include money laundering, embezzlement, tax evasion, insurance fraud, bribery, certain Ponzi schemes, and securities fraud. The biggest factor that sets white collar crimes apart from other criminal offenses is that they typically don’t involve violence or overtly illegal activities, such as drug-related crimes.

In the majority of cases, white collar crimes are investigated by federal authorities. If evidence is sufficient to warrant criminal charges, the case may be prosecuted at the federal level as well. Much of the general population believes that those found guilty of white collar crimes are not punished accordingly, and often treated with leniency. The truth is many individuals convicted of tax evasion, Ponzi schemes, embezzling and other financial crimes often face sentences that are just as severe as those found guilty of more serious or violent crimes. Penalties may include significant fines, restitution, and long prison terms.
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May 13, 2016

Police Dogs

by Scott Grabel

Many people love their dogs; some even consider them an important member of the family, just as important as their “human” relatives. While all dogs are special, police dogs are in a class all their own, providing law enforcement with capabilities no human has and often helping to “crack the case.”

The majority of police dogs are male German Shepherds, which as you can imagine can be very intimidating to a criminal. You may wonder why other dog breeds such as Poodles or Golden Retrievers aren’t police dogs. Basically, German Shepherds are extremely intelligent and have the added benefits of being strong and aggressive. Police dogs aren’t limited exclusively to German Shepherds. Another breed that’s often used is the Belgian Malinois, a breed used for herding sheep in Europe. These dogs are imported and used in police/investigation work. Other breeds that have become K-9 (canine) officers include Boxer, Bloodhounds, Rottweiler, Giant Schnauzer, and Doberman Pinschers.

If you own a dog, you know it can smell things you can’t. Dogs have an amplified sense of smell, and police dogs’ noses are approximately 50 times more sensitive than a human’s. This is why police often use their K-9 partners when searching for illegal drugs, weapons, bombs, and even bodies.
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May 12, 2016

Where Defense Lawyers Take Their Summer Vacation

by Scott Grabel

The question really isn’t where defense lawyers take their summer vacation; it’s actually DO they take a summer vacation (or a vacation at any time of year, for that matter). Unfortunately, the answer is too often “no.” Most criminal defense attorneys are under an incredible amount of stress, and “vacation” has become a four-letter word in many law firms, both small and large.

Between incredibly heavy case loads, trying to get those take care of their clients, and often working 60 or 80 hours per week, many lawyers feel there’s just no possible way to take a vacation – or even a long weekend. The fact is, everyone, including defense lawyers, need to unplug occasionally. That means unplugging from laptops and cell phones, completely disconnecting from everything law at least for a while. It’s vital to a lawyer’s physical and mental health, and the health of a marriage or personal relationship.

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 6, 2016

Trends in Juvenile Crime and Juvenile Justice in Michigan

by Scott Grabel

In Michigan the concern for juveniles accused of crimes and the juvenile or criminal justice systems are a topic of intense focus. In recent years, efforts have been made by state lawmakers to raise the age for juvenile crimes from 16 to 17, so that 17-year-olds would not face a much harsher adult criminal justice system with the exception of those who are accused of the most serious criminal offenses. Unfortunately, Michigan is one of only nine states that allows those younger than 18 years old to be prosecuted as adults automatically. Changes are hopefully coming, and as Rep. Harvey Santana, D-Detroit said in a news report concerning a 17-year-old who was convicted of murder last year, “the old mentality of locking prisoners up and throwing away the key isn’t working.”

Legislation to place individuals 17 and under into the juvenile justice system was recently unanimously approved by the House Criminal Justice Committee. Essentially, 17-year-olds who have committed less serious crimes such as drug possession, shoplifting, DUI, or underage drinking would be placed in a system better designed for their needs, while those accused of armed robbery, sexual assault, murder, intent to commit murder, or arson would still face the adult system and possibly adult prison if convicted.
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