Michigan Criminal Lawyers Blog

November 18, 2014

Wisconsin Mother Arrested After Using Drugs in Hospital Day After Giving Birth

Recently, a Marshfield, WI woman was arrested for allegedly using drugs in her hospital room the day after giving birth, according to a news article at WAOW ABC 9. 34-year-old Reva Martinez gave birth at St. Joseph’s Hospital, where the Marshfield police chief said employees smelled a burning odor coming from one of the labor and delivery rooms.

According to Police Chief Rick Gramza, the infant was in the room when police discovered the burnt smell was oxycodone. Martinez is accused of having drugs in her room, along with spoons containing white residue, syringes, and other drug paraphernalia. Others in the room at the time of the discovery included the baby’s father and his friend, however police were not certain whether they were also using drugs.

Hospital employees were concerned about the potential danger to the baby, who was placed under protective custody by DHS (Department of Human Services). The infant was still in the hospital on Monday. At the time of news reports, no charges had been filed against Martinez, however police are urging prosecutors to charge her with neglecting a child, possession of narcotic drugs, and possession of drug paraphernalia.

November 17, 2014

Terre Haute Woman Arrested for Suspicion of OWI with Three Children in Vehicle

by Scott Grabel

On Friday evening November 14, 26-year-old Jakita Brown was arrested following an accident in Terre Haute in which she rear-ended a pickup truck. According to the Indy Star, three children were riding in Brown’s vehicle when the accident occurred. Police suspected her of driving drunk, and took Brown to the Vigo County Jail.

Brown was driving a 2004 Hyundai SUV when she struck a GMC pickup stopped at a red light, according to preliminary investigations. The force of the impact resulted in the pickup truck being forced onto U.S. 41, however no injuries were reported.

The trooper who arrested Brown noticed signs of intoxication and an odor of alcohol. A breath test also indicated Brown’s BAC to be .248, more than three times the legal limit in Indiana of .08. Brown’s three children who were in the vehicle at the time of the accident include a one-month old, a 5 year old, and a 7 year old. She faces preliminary charges of three counts of neglect of a dependant, three counts of operating while intoxicated-endangerment, operating while intoxicated with a passenger under 18, driving without a valid driver’s license, and other traffic infractions.

November 14, 2014

Driving on a Suspended License in Michigan is a Bad Idea

by Scott Grabel

Motorists across the U.S. are arrested every day for driving on a suspended driver’s license. As experienced Michigan driver’s license reinstatement attorneys, we understand there are emergency situations in which you feel you have no choice but to drive. However, many people whose licenses have been suspended get back behind the wheel when there is no emergency. This is not a good idea, for a number of reasons.

A driver’s license may be suspended due to DUI, failure to pay child support, a drug conviction, or even multiple traffic infractions/tickets. Regardless of why your license was suspended, you should avoid driving until your driving privilege has been restored. You may be thinking, “But I won’t get caught.” That is what most people whose licenses have been suspended thought, before they were arrested for driving on a suspended license. When you take the risk and drive without a license, you have to remember that you are not the only one in control of your situation – other motorists are out there, too, and you cannot control their actions.

Think of all of the possible scenarios if you were to get out and drive illegally. You could be pulled over for something you aren’t even aware of, such as the fact that a turn signal or brake light isn’t working. If your vehicle should break down and you pull to the side of the road or interstate, a police officer could possibly pull over to help – and find that your license has been suspended.

November 13, 2014

Celebrities Recently in the News for Drunk Driving

by Scott Grabel

Michigan DUI defense attorneys know that anyone can be arrested for drunk driving, regardless of whether an individual is a celebrity, doctor, attorney, factory worker, or CEO of a large corporation. Recently, two people who many are familiar with from television have been arrested for DUI.

Delvin Choice, a contestant on the reality TV show “The Voice” who made it into the top eight last season, was arrested on Saturday morning in South Carolina for DUI. Choice was pulled over by highway patrol and taken to county jail. According to news reports, it was his first DUI offense. He was released later the same morning.

Others who watch the show “Cake Boss” on TLC are probably familiar with Buddy Valastro, star of the show. Valastro was arrested early Thursday morning, November 13, after police noticed a yellow Corvette driving erratically. According to TMZ, Valastro was in Manhattan when police noticed him “weaving” on 10th Ave. Upon pulling him over, police claimed to smell a strong odor of alcohol. He also allegedly failed several field sobriety tests, and was taken to jail. News reports do not indicate whether it was Valastro’s first DUI offense.

November 12, 2014

Texas Court of Criminal Appeals Sends Murder Case Back to Court for a New Trial

by Scott Grabel

On Wednesday November 5, the Texas Court of Criminal Appeals sent the murder case of Alfred Dewayne Brown, a man convicted in the 2003 death of a veteran Houston Police Officer, back to the lower court for a new trial. Brown allegedly shot Charles R. Clark during the course of a burglary at a check-cashing store. Now, Brown’s 2005 conviction and death sentence have been thrown out by the appeals court because of new evidence that has come to light, evidence that was allegedly withheld by the Harris County District Attorney’s Office.

Devon Anderson, District Attorney in the case against Brown, said in a statement that their office discovered that material information was not provided to the defense at trial. Their office agreed that the defendant should receive relief in order for justice to be served, however she did not reveal whether the state would try Brown again for the murder, or dismiss the case.

Brown has always insisted that he was not at the check-cashing store when the officer was shot, that he was at his girlfriend’s apartment. While his defense lawyers did not present evidence to support his claim, Brown said that he had made a landline call that could prove his innocence. Brown appealed his conviction once and lost, however a private law firm took over in 2007 and began a search for evidence that would support their client’s alibi.

November 12, 2014

Alleged Ohio Drug Trafficker Arrested in Indianapolis

by Scott Grabel

On Friday November 7, a 29-year-old Columbus, Ohio drug trafficker was arrested in Indianapolis as he left a hotel. According to a news report at NBC4i.com, Oscar Vega-Gomez has eluded arrest since May of this year when he was charged by criminal complaint with conspiracy to possess with intent to distribute cocaine. The charges came following an investigation by the Columbus Bulk Cash Smuggling Task Force, led by HSI (Homeland Security Investigations).

Vega-Gomez had avoided detection by authorities by changing addresses and using several aliases. Following his arrest, the suspect’s Columbus-area home and two storage facilities in the vicinity were searched after task force officers executed federal search warrants. Upon searching his residence, officers discovered about $170,000 which was hidden behind a dishwasher in the kitchen. The cash was placed in a cutaway section of drywall.

Officers also found $200,000 in a hidden compartment inside a vehicle in one of the storage unites. The vehicle was seized by task force officers as well, as it is illegal to design hidden compartments in a vehicle in Ohio.

November 11, 2014

Hunting Safety Tips for Michigan Deer Hunters

by Scott Grabel

It’s the most exciting day of the year for many Michigan residents – opening day of deer season! On November 15, tens of thousands of hunters will take to the woods in pursuit of that ‘monster buck.’ While hunting is a fun and enjoyable sport for men and women alike across the country, safety should be your number one priority. Every year, about 1,000 people are injured in hunting accidents in the U.S. and Canada, according o the International Hunter Education Association. Of those 1,000, nearly 100 individuals die from their injuries.

At Grabel & Associates, we want you to be safe in 2014. Here are a few safety tips to keep in mind while you enjoy the sights and sounds of nature:Every firearm should be treated as if it is loaded, regardless of whether it is or not. Many accidents occur because those handling a firearm “thought” it was unloaded.

– Make certain the muzzle of your firearm is pointing in a safe direction, such as down at the ground.

November 10, 2014

Suspected Drunken Driving Crash in Arlington Leaves Three Dead

by Scott Grabel

Michigan DUI attorneys understand the seriousness of being charged with driving under the influence, however when someone is injured or killed as a result, the consequences become far more severe.

Recently, three people lost their lives in Arlington, Texas in a two-car crash involving a suspected drunken driver. The accident happened early Sunday morning at approximate 2 a.m. when 38-year-old Eldrick Westbrook allegedly ran a red light at the intersection of Matlock Road and the Interstate 20 service road. Westbrook’s vehicle struck another vehicle, causing it to spin around before plowing in to a traffic light pole. Four people were inside the vehicle.

According to a news article at Dallas News, one of the victims died at the scene of the accident. Two others succumbed to their injuries after being transported to a local hospital. A fourth victim suffered non life-threatening injuries; he was also treated at the hospital. Westbrook sustained minor injuries and was taken to jail after his release from the hospital. He is charged with three counts of intoxication manslaughter.

November 7, 2014

Memphis School Bus Driver’s License Was Suspended When He Wrecked Bus with Students on Board

by Scott Grabel

Recently it was reported that a 25-year-old former school bus driver in Memphis was driving a bus with students on board without a license when he wrecked the bus on September 5. While none of the children were seriously injured, it was found that Tommy Anderson’s license had been suspended due to unpaid traffic tickets and fines, according to a news article at WDAM 7. Anderson was fired by Durham School Services after learning he was operating the bus on a suspended license.

Anderson allegedly had nearly $900 in unpaid fines and eight open traffic tickets over the past four years. All of the violations were personal vehicle violations, and all but one occurred during the time Anderson was employed as a school bus driver. At his court appearance, Anderson claimed he knew nothing of the unpaid tickets, or that his driver’s license had been suspended.

Durham School Services spokesperson Molly Hart was asked at an earlier date about whether the school district was aware of Anderson’s license suspension. She replied saying that it was the state’s responsibility to inform them of any change to Anderson’s license status, but that they were not notified.

November 6, 2014

Two Arraigned in October Murder of 76-year-old Plymouth Township Man

by Scott Grabel

On Friday October 31, two individuals were arraigned in the October 27 shooting death of 76-year-old Kenneth LaBita, a longtime Plymouth Township resident. LaBita was found inside his home just east of Haggerty on the evening of the 27th; he had been shot to death, according to police.

A news article at the Detroit Free Press claims that LaBita had lived in the home for approximately 40 years. His body was discovered when officers were dispatched to the home to check on his welfare. LaBita was discovered lying on the floor, a gunshot wound to his head.

In the first days, investigators had no leads in the case. According to Tom Tiderington, Plymouth Township Police Chief, detectives began working around the clock to make progress in the case. Tips from both the public and other law enforcement agencies, along with telephone records, led authorities to one of the suspects, 22-year-old Andrew Nutt of Westland. Another individual, 19-year-old Miriah Pisarski of Wayne, has also been charged in the case. Both are charged with felony murder, first-degree premeditated murder, larceny, and using a gun during a felony.