Michigan Criminal Lawyers Blog

September 12, 2014

Why You Need an Attorney if Your Driver’s License Has Been Revoked in Michigan

While having your driver’s license suspended for one or more DUI’s is serious, having your license revoked is much more serious. In Michigan, an individual who is convicted of driving under the influence on multiple occasions within a specific time period may face license revocation. When this happens, the process of getting your driving privilege restored is a long and laborious road. It is critical you obtain the legal guidance of a skilled Michigan driver’s license reinstatement attorney to ensure you have the best chance for success.

Certain conditions must be proved to hearing officers with the DAAD, or Driver Assessment and Appeal Division. One of the most important things you must prove is that you have been sober for at least one year. There are several documents used to support your claims of sobriety, including letters written on your behalf (community proofs), a Substance Abuse Evaluation, and more. There is also a drug test that must be passed before hearing officers will even consider restoring your license. An experienced lawyer will guide you through the process to ensure you have all of the documentation, that it is properly formed, and that everything is in order so that you have the best opportunity for having your license restored.

With success, you will likely be granted a restricted license. This license will allow you to drive for specific reasons, or during certain times of day. A restricted license allows you to drive to and from work or school, to alcohol/drug counseling or rehabilitation, etc. In addition, it is often required that the person have an ignition interlock device installed for one year. After that time period, if you have complied with all rules regarding restricted driving, you will likely be given full driving privileges again.

September 12, 2014

New Hampshire Man Convicted of Police Officer Shooting Appeals to State Supreme Court

by Scott Grabel

In January of 2013, 23-year-old Myles Webster was convicted of attempted murder in the March 2012 shooting of Manchester Police Officer Dan Doherty. Webster allegedly shot Doherty seven times at near point-blank range as Doherty pursued Webster in a foot chase. Webster was sentenced to 60 years to life behind bars for the crime. Now, he is appealing his conviction to the New Hampshire Supreme Court.

On September 11, justices at the supreme court heard Webster’s argument as to why his conviction should be overturned and he should get a new trial. Webster and his defense attorney, David Rothstein, maintain that the release of Webster’s booking photograph tainted eyewitness identifications. According to a news article at Valley News, the suspect’s booking photo was released five hours prior to his arraignment. Rothstein feels that the release of the photo may have influenced the identifications of his client by witnesses, particularly those who police had not yet interviewed. Rothstein told the justices that had Dan Doherty lost his life, his client may have been facing a capital murder charge. He urged the justices to understand the seriousness of the situation.

Doherty said that he was 100% confident that Webster was the shooter as he listened to arguments at Webster’s appeal.

The justices pointed out to Rothstein that video and still photos were generated at Webster’s arraignment. Stacey Pawlik, Assistant Attorney General, argued that the sheer volume of evidence against Webster rendered any error by the trial court harmless. The news report did not say when the justices would rule on the appeal.

Appealing a conviction or sentence is extremely difficult; anyone who was wrongly convicted or who feels mistakes were made at trial must work with a highly experienced Michigan criminal appeals attorney to ensure the best possible chance of success. Considering the defendant’s current age and the fact that he will spend a minimum of 60 years behind bars as the situation stands right now, he will be in his mid-80’s before there is even a possibility for release.

September 11, 2014

Former Clinton Township Resident Sentenced to 3-Plus Years in Prison for Fraudulent Income Tax Returns

by Scott Grabel

Recently, United States Attorney Barbara McQuade and IRS Criminal Investigation Acting Special Agent in Charge Jarod Koopman announced in a press release that Lamarjoire Pharr, a former Clinton Township resident, was sentenced to 37 months in prison for filing fraudulent federal income tax returns. According to the press release, Pharr was also ordered to pay $962,952 in restitution to the Internal Revenue Service.

Pharr, a musician and music producer, is alleged to have used the nearly one million dollars he received in refunds to further his career, and on such expenses as casinos, hotels, adult entertainment, bars, and department store purchases. For more than 2 1/2 years beginning in September of 2009, Pharr prepared and electronically filed more than 360 tax returns using the information of individuals who were for the most part deceased. Pharr obtained information on these individuals at a well-known website, Ancestry.com. The individuals who were still living, as well as survivors and estates of those who were deceased had no knowledge of Pharr stealing their information. Atlanta, Detroit, and Miami Beach were just a few of the locations Pharr filed the fraudulent income tax returns from.

U.S. Attorney McQuade wanted to warn the public about the fact that criminals troll death notices and websites in an effort to locate potential victims, who are often times deceased. People should not only make a concerted effort to keep their own taxpayer information safe, but that of their loved ones as well.

When criminals file fraudulent income tax returns, essentially it is the American taxpayers who pay for it. Jarod Koopman warned that the IRS – Criminal Investigation is and will continue to be vigorous in their pursuit of individuals who may be committing identity theft and tax fraud.

Once released from prison, Pharr will be under supervised release for three years.

Michigan criminal defense attorneys understand the seriousness of crimes involving identity theft and tax fraud. While these “white collar crimes” typically do not involve violence or physical injury to others, they do result in financial injury to others, and are punished harshly.

September 10, 2014

Sobriety Courts Expanding Across Michigan, One Option for DUI Offenders

by Scott Grabel

While sobriety court is already an option for DUI offenders in the Ann Arbor area, recent news reports indicate that this popular court program will soon be available in Wexford County in northern Michigan. The purpose of sobriety courts is to give the offender an opportunity to rehabilitate, rather than punish him or her with jail time, substantial fines, etc. However, sobriety court is not easy, and in fact is quite intensive, designed not only to keep intoxicated drivers off the road, but to change the offender’s behavior.

According to a recent article at Upnorthlive.com, one judge gives sobriety courts great praise, calling it a program that works. Judge Mike Haley, who has headed sobriety courts in several northern counties over the past 13 years, says that the data shows that of the thousand or so individuals who have gone through sobriety court in past years, the rate of repeat offenders is down substantially.

Michigan DUI attorneys know that the eligibility requirements to participate in sobriety court vary across the state. In some counties, a first time offender may participate; in others, only second or third time offenders may participate. It is important for offenders to know before choosing this sentencing alternative that this type of program is rigorous. Depending on the county, individuals who participate may be required to breath test on a daily basis, have an ignition interlock device installed on their vehicle, attend counseling and/or AA meetings on a daily basis, and be subject to home visits and alcohol searches by probation officers.

Sobriety courts are tough not only on the offender, but on the entire family. This is particularly true in cases where the defendant drives the same vehicle as other members of the family, who must blow into the interlock device in order to start the vehicle. Ultimately, if anyone else in the family causes the device to register alcohol, the defendant may be found liable, which could result in the judge imposing jail time. There are numerous drawbacks to the program, but many benefits as well.

September 9, 2014

Nine Arrested for Drug Dealing in Baltimore by FBI Thanks to Informant Dubbed ‘CW1’

by Scott Grabel

Last month, nine people were arrested by the FBI and are facing federal charges for dealing drugs after an informant dubbed ‘CW1’ made a flurry of phone calls to law enforcement, according to a news article at City Paper.

On August 11, seven of the nine individuals were arrested at the Mondawmin Mall parking lot within a four hour period. Later that day, two other individuals from Washington D.C. were arrested at an apartment complex in northwest Baltimore. A federal grand jury indicted all nine individuals on August 22, charging them in a cocaine and heroin conspiracy.

CW1, the informant, had been arrested after being found with several kilograms of cocaine and heroin. Following his arrest, he “set up” his customers by selling the drugs in the mall parking lot, so that FBI agents could make arrests. One of the arrests involved an individual who allegedly worked as a maintenance man at the Haddon Hill Apartments. A maintenance closet at the apartments contained $216,140 in cash, which agents seized.

Several of the nine individuals arrested appear to have been convicted at the federal level in the past. CW1 placed phone calls to his previous customers, informing them that he had cocaine and heroin. Eight of the nine people arrested brought cash with them; the ninth individual had been alerted by his probation officer, and showed up with no money. He said he did not understand why he was arrested, that he just came to “look at” the drugs and did not have any money on him.

In all, law enforcement seized close to a half-million dollars in cash, and arrested nine kilo-level drug dealers.

Federal drug charges are extremely serious. In Michigan, those who are charged with dealing drugs including heroin and cocaine will face severe penalties; however, the criminal penalties at the federal level are even harsher. For example, someone who is found guilty of trafficking up to 4,999 grams of a Schedule 1 drug such as heroin may spend up to 40 years in prison, and face fines of as much as $2,000,000. This is for a first-time offender. If an individual has a past drug conviction, the punishment will be more severe. The amount of drug or substance involved also plays a role in the punishment an individual will face if convicted.

September 8, 2014

Ohio Judge Known for Holding DUI Trials at High School Arrested for DUI

by Scott Grabel

On the evening of September 7, an Ohio judge was arrested for operating a motor vehicle while under the influence of alcohol or drugs, and leaving the scene of an accident. 60-year-old Dean L. Wilson, a Perry County judge in Columbus, was driving a loaner car (a 2014 Mercedes-Benz) when he struck a COTA bus while changing lanes at approximately 9:30 on Sunday evening. He then sped away, according to a news report at the Columbus Dispatch.

Police claim that Wilson was driving under the influence, although he is widely known for holding DUI trials at the New Lexington High School every year to warn teens of the dangers of driving while under the influence of alcohol. A passenger on the COTA bus said that Wilson did not sideswipe the bus, but crashed directly into it before backing up and fleeing the scene.

After the accident was reported, Wilson was apprehended by a Columbus Police helicopter that went in search for the black Mercedes. He was found about 12 miles away. Wilson refused to submit to field sobriety tests and a breathalyzer test. His driver’s license was suspended at the scene.

Michigan DUI attorneys know even individuals who are upstanding citizens and looked up to by the community make mistakes. Anyone who drinks alcohol even only on occasion has likely gotten behind the wheel of a vehicle at one point in their life. We do not condone driving while under the influence of alcohol, however we do provide legal support and guidance for those who find themselves in an unfortunate situation.

September 5, 2014

Detroit Tax Preparer Pleads Guilty to Preparing Fraudulent Income Tax Returns, Sentenced to Prison and Payment of Restitution

by Scott Grabel

On August 19, 29-year-old Gerald L. Hawk, Jr. was sentenced to serve 18 months in federal prison followed by two years of supervised release for his role in preparing fraudulent tax returns. Mr. Hawk was also ordered to pay restitution of the more than $72,000 he received in fraudulent refunds, according to a press release issued by the Internal Revenue Service – Criminal Investigation Detroit Field Office on August 27.

Hawk, a Detroit tax preparer, pleaded guilty to preparing false income tax returns in 2009 and claiming the 2008 FTHBC (First Time Homebuyer Credit) in these returns. The FTHBC allowed individuals to receive a tax refund of $8,000 for purchasing a home during 2008. Essentially, Hawk brought in new clients to his tax preparation business by promising an $8,000 tax refund for purchasing a home. Overall, approximately 21 fraudulent tax returns claiming more than $147,000 in refunds using the FTHBC credit were prepared either by Hawk, or with his assistance. Hawk knew that the clients he obtained through his scheme did not purchase a home in 2008, and did not intend to purchase a home with the $8,000 refund.

Jarod Koopman, Acting Special Agent in Charge, said in the press release that the majority of tax preparers provide excellent service to clients, however there are those who attempt to defraud the government by filing false or fraudulent returns. Essentially, when fraudulent refunds are issued by the IRS, it costs American taxpayers.

Tax fraud is a serious criminal offense, whether an individual underreports income, takes credits or exemptions he or she is not entitled to take, or purposely does not file in order to attempt to cover up money laundering schemes. The Internal Revenue Service is an entity you want to avoid having issues with when at all possible. If charged with tax fraud, the criminal penalties are severe for those found guilty.

September 5, 2014

New York Woman Charged with Driving on Suspended License

by Scott Grabel

In the early morning ours of Thursday, September 4, a Potsdam, NY woman was charged with driving on a suspended license, according to North Country Now. The incident occurred on Clarkson Avenue at about 2:30 a.m. 27-year-old Kara Page was officially charged with second-degree aggravated unlicensed operation. She is scheduled to appear on September 12 at the Potsdam Village Court on the charge, according to police.

In New York, second-degree aggravated unlicensed operation of a motor vehicle is a misdemeanor offense. This is the charge typically given when an individual drives on a license that was suspended because of operating under the influence, or when a person is charged with driving while suspended while having prior convictions that occurred within the past 18 months. The penalties a person may face depend on certain factors, and may include fines of between $500 and $1,000, along with jail time of up to 180 days, probation, or both.

Driving on a suspended license is a serious offense. In Michigan, those caught operating a vehicle without a valid driver’s license face serious consequences which vary, depending on whether it is a first, second, third, or subsequent offense. As experienced Michigan driver’s license reinstatement attorneys, we understand that there are circumstances in which an individual has no choice but to drive, such as in an emergency situation. However, many people get behind the wheel just as if their license has never been suspended, thinking they will not get caught. This is extremely risky behavior, as you could face jail time, substantial fines, and vehicle immobilization if caught. In addition, you could have your license permanently revoked.

A second offense driving with a suspended license in Michigan will result in a fine of up to $1,000 and potential jail time of one year. Your vehicle may also be immobilized for up to six months.

September 4, 2014

Technicality Results in Texas Man’s DWI Conviction Being Overturned by Appeals Court

by Scott Grabel

In the state of Texas, an individual may be sentenced to life in prison for a third felony DWI conviction. Recently, a 44-year-old Texas man may have received a new lease on life, when an appeals court overturned a DWI conviction from an incident that occurred in 2012.

According to the Tyler Morning Telegraph, 44-year-old Samuel Gentry of Whitehouse was sentenced to life in prison in 2013 for the 2012 incident. Gentry was stopped by a Tyler police officer in 2012 who determined that Gentry was intoxicated. The officer tried to get Gentry to submit to a breathalyzer test, however he refused. The officer then obtained a medical blood draw from Gentry, but did not have a warrant when he did so. This, according to the article, has become fairly common with offenders in Texas who have been convicted of DWI at least twice in the past.

During Gentry’s pretrial, his attorney attempted to have the blood draw evidence thrown out, however the judge denied the motion. Gentry then decided he would plead guilty rather than going to trial. During this time, a case known as Missouri v. McNeeley was being decided in the U.S. Supreme Court. In this case, the defendant, like Gentry, had been subjected to a warrantless blood draw. While prosecutors argued that these warrantless procedures were essential because of how quickly alcohol can evacuate from the blood stream, the Supreme Court disagreed and found that warrantless blood draws violate a defendant’s right against unreasonable search and seizure.

Because of the Supreme Court’s ruling in this case, the Twelfth Court of Appeals reversed Gentry’s conviction and remanded his case back to court, finding that “the implied consent and mandatory blood draw statutory schemes found in the transportation code are not exceptions to the warrant requirement under the Fourth Amendment.”

While Michigan’s criminal penalties for a felony third DUI conviction are in no way similar to those in Texas, they are still very serious. A third OWI, or Operating While Intoxicated conviction in Michigan will result in between one to five years in prison, fines of up to $5,000, up to 180 days of community service, mandatory vehicle immobilization, and more.

Individuals who have been convicted of driving under the influence of alcohol or drugs may wish to appeal their conviction, particularly if as in the case above, their rights were violated in some manner. We all have constitutional rights, and when those rights are violated by police, it may be grounds to appeal.

September 3, 2014

Atlanta Police Supervisor Refuses Field Sobriety Test, Jailed on Suspicion of DUI

by Scott Grabel

Late last month, Robert Joseph Albertini was stopped by a Cobb County officer who spotted the Atlanta Police supervisor weaving back and forth over a double yellow line. The supervisor, Robert Joseph Albertini, refused to submit to a field sobriety test and was arrested on suspicion of drunk driving. He was taken to the Cobb County Jail.

According to a Fox Atlanta news article, the incident took place on a road in Kennesaw. Chief George Turner placed Albertini on suspension and said that before making a decision on the offer’s future, an administrative hearing will be conducted.

In the state of Michigan, field sobriety tests are voluntary, which means that the individual who is suspected of driving while under the influence has the option of taking the test, or refusing it. Most Michigan DUI lawyers would recommend that motorists refuse this test, which is highly subjective. The tests administered in a field sobriety test in Michigan include the one-leg stand, the walk and turn, and the penlight (horizontal nystagmus) test. Unfortunately, how well you perform on these tests is left up to the police officer, who may decide that you did not meet up to his or her expectations. This could result in a drunk driving charge.

It is difficult for many sober people to stand on one leg, let alone someone who may be on prescription medication or suffer from a medical condition that affects their stability. Ultimately, field sobriety tests rely not on scientific evidence, but the subjective opinion of the officer administering the test.

This story proves that anyone can be arrested for DUI, even police officers. The Atlanta police officer was weaving back and forth across double yellow lines, but does that mean he was intoxicated? While he may have been, it could also be a case of fatigue, or distraction if he was perhaps texting, talking on a cell phone, or doing one of the dozens of things people do while they are driving that they should not be doing.