Michigan Criminal Lawyers Blog

May 5, 2016

Election Fraud – Michigan v. Paul Seewald

In 2012, Paul Seewald, who at the time was a congressional aide and district director for ex-U.S. Congressman Thaddeus McCotter, was charged with nine counts of falsely signing nominating petitions after he and other members of the congressman’s campaign were accused of trying to get McCotter’s name on the ballot in his reelection efforts by submitting bogus petition information.

The nine counts were misdemeanors, however Seewald was also charged with a single count of conspiring to commit a legal act in an illegal manner, which is a felony. Seewald was the subject of a criminal investigation after it was alleged that he signed a petition as a circulator, although court documents reveal the petition was not circulated.

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.

April 22, 2016

Dispute Between Neighbors Results in Court of Appeals Ruling Regarding Drunk Driving

by Scott Grabel

What began as a dispute between neighbors over loud music resulted in the Michigan Court of Appeals ruling that it is not illegal to operate a vehicle in your own driveway after drinking too much.

According to a report at Michigan Public Radio Network, a man was charged with OWI after a neighbor called police repeatedly because of loud music. Apparently, the man who had consumed a substantial amount of liquor was sitting in his car in his own driveway, listening to music. When police arrived, an officer witnessed the man back his vehicle out of the garage, then drive it back in.

Because he never left his driveway, the defendant argued there was no crime committed. In a two-to-one decision, the Michigan Court of Appeals agreed, finding the charge was not supportable as that specific area of the driveway was not generally accessible to other vehicles or the public.

April 21, 2016

New Trial Ordered after Ched Evans’ Rape Conviction Overturned

by Scott Grabel

Ched Evans, a Welsh football player born in the UK, was convicted of raping a 19-year-old woman in 2012. Now, four years later, the CCRC or Criminal Cases Review Commission referred the conviction to the Court of Appeals. Evans has won his appeal against his conviction, and will now face a new trial.

While the justice system may work differently in the UK, Michigan criminal appeals attorneys know that successfully appealing a conviction for rape, murder, or even larceny of drug offenses is extremely difficult – and often not possible.

An often lengthy and complicated process, the appeals process is one that if successful can “undo” a conviction. While a case ends when the defendant is found guilty, at this point it may be thought of as an “interval” in the criminal process as many go on to appeal the verdict to a higher court.

April 19, 2016

Onslow County NC Man Facing Drug Charges Following Traffic Stop

by Scott Grabel

On Thursday, April 14, a 30-year-old Jacksonville, NC man was stopped by the Onslow County Sheriff’s Office Crime Reduction Team. Although news reports do not reveal why Andrew James Sanderford was stopped by officers, he now faces felony drug charges.

According to news reports, the officers discovered heroin inside Sanderford’s vehicle along with drug paraphernalia. He also allegedly has outstanding warrants. Sanderford is now charged with a single count of possession of drug paraphernalia, and one count of possession with intent to manufacture, deliver, or sell heroin, a felony charge. At last news reports he was in the Onslow County Jail under a $30,000 bond.

The media reports contain very few details, so we can only speculate as to why Sanderford was charged with possession with intent to distribute/deliver heroin. Police generally submit a charging request to the prosecutor, who then decides whether an individual will be charged with a crime, and what the charge will be. In cases involving illegal substances such as heroin, cocaine, methamphetamine, marijuana, or other drugs, police and prosecutors often make their decision regarding whether someone should be charged with simple possession or possession with intent based on the amount of drug in that person’s possession.

April 18, 2016

Assistant Miami-Dade State Attorney Resigns Following Drunk Driving Arrest

by Scott Grabel

Recently, 51-year-old Lisa Jacobs, a prosecutor with the Miami-Dade State Attorney’s Office, resigned her position after being arrested for DUI and leaving the scene of an accident.

According to a news report at CBS Miami, Jacobs had been a prosecutor with the office for 18 years. At the time of the incident which occurred on I-95 near the Hallandale Beach Blvd. exit, Jacobs’s children, ages 10 and 14, were in the vehicle with her.

A Florida Highway Patrol trooper said that Jacobs had slurred speech, bloodshot eyes, and was unable to maintain her balance. Jacobs admitted that while at the Outback Steakhouse, she had three glasses of wine before leaving to pick her children up from Cooper City.

April 15, 2016

Charges Pending Against Four Individuals in Flint After Police Receive Anonymous Tip

by Scott Grabel

On Monday, April 4 the CATT (Crime Area Target Team) squad of the Flint Police Department received an anonymous tip regarding possible drug activity at a residence on the city’s south side.

According to information released by the department, police knocked on the door of the residence upon arriving at the scene and found illegal narcotics which included heroin, marijuana, and crack-cocaine. Officers also discovered four firearms, one of which was stolen, and cash at the home. Police confiscated what they described as “large amounts” of drugs along with the firearms and money.

News reports from April 14 state charges against the four individuals, who were not named, are pending review by the Genesee County Prosecutor’s Office.

April 14, 2016

Juan Enrique Reyes Sentenced to Life in Prison for 2007 Shooting Murder

by Scott Grabel

On Wednesday, April 13, 27-year-old Juan Enrique Reyes was sentenced to life in prison by Judge George Buth for the second-degree murder of Douglas “Ryan” Pollok who was killed in 2007 at a party in Grand Rapids when shots were fired into a crowd of 20 to 30 people.

It took eight years for Reyes to be convicted and sentenced for the murder, as he and his brother, Eric Santiago, fled to Mexico following the shooting. Reyes did not know Pollok, and fired the shots in connection with another feud resulting in Pollok being struck in the chest by a bullet. According to news reports, Reyes and Santiago were featured on “America’s Most Wanted” in 2009 and again in 2012. The two men apparently had a grudge with a neighbor, who they were attempting to shoot at when Pollok was killed. Another man was also injured in the shooting.

In addition to life in prison, Reyes was sentenced to 20 to 50 years for assault with intent to murder and two years for felony firearm.