Michigan Criminal Lawyers Blog

August 20, 2014

Woman Arrested in Muskegon for Allegedly Driving Drunk with Four Children in Vehicle

On Monday, August 18, a 32-year-old woman whose name has not yet been released was arrested for allegedly driving while intoxicated with her four children in the car with her, according to news reports at Fox 17 and Mlive.com. This is the woman’s second drunk driving offense; she was convicted of DUI in 2002.

According to Muskegon County Chief Assistant Prosecutor Timothy Maat, the woman’s name could not be released until a warrant is signed and she is arraigned on the charges. Maat also said that the incident occurred just before 2 a.m. on Monday when the woman was pulled over on suspicion of drunken driving in the area of Getty Street and Ada Avenue. The woman’s blood alcohol level was not revealed in news reports.

The woman was charged with one count of drunk driving with an occupant under 16 years of age (child endangerment), and was lodged in the Muskegon County Jail as of last reports. In addition, the children were put in the care of their grandmother while Child Protective Services investigates the matter.

In the state of Michigan, anyone who operates a motor vehicle in an impaired or intoxicated state while having a passenger or passengers in the car younger than 16 may face child endangerment charges. Not only may the defendant be labeled for a lifetime when found guilty of child endangerment, the criminal penalties even for a first offense are severe. If convicted, the woman in this case could face up to one year in jail, fines of up to $1,000 plus court costs, possible vehicle immobilization, a driver’s license suspension for 90 days followed by 90 days of restricted driving.

Michigan DUI attorneys know the seriousness of being charged with driving under the influence of alcohol or drugs, regardless of whether minor children are passengers in the vehicle. While an adult should never drive while under the influence to begin with, he/she should certainly not put the lives of children in danger. However, people do make mistakes every day, and may have a lapse in judgment. Thankfully, the children are safe and no one was injured in this situation.

August 19, 2014

‘Operation Hotel California’ Leads to Multiple Arrests in Orlando-based Drug Organization

by Scott Grabel

On Friday, August 8, several people considered “major players” in an Orlando-based drug organization were arrested, according to News 13. Authorities uncovered an elaborate drug trafficking ring in which overnight shipments of drugs originating in California including cocaine and marijuana were arriving at hotels in Orlando, a sting the authorities dubbed ‘Operation Hotel California.’

Several agencies worked in conjunction to make the major drug bust a success including the Orange and Seminole County Sheriff’s Offices, the U.S. Postal Inspection Service, the U.S. Immigration and Customs Enforcement, the Florida Attorney General’s Office of Statewide Prosecution, and the Orlando Metropolitan Bureau of Investigation.

Suspects who were arrested in the drug bust faces various charges from trafficking cocaine and marijuana, conspiracy to traffic cocaine in excess of 400 grams, conspiracy to traffic marijuana in excess of 25 pounds to importation of marijuana and racketeering. News reports indicate that the Orlando Metropolitan Bureau of Investigation began receiving information in December of last year that parcels which were “suspicious” were being delivered to hotels in Orlando, specifically those on International Drive.

At the time of news reports 26 people in all had been identified, arrested, or were in the process of being arrested. While the names were not released at the time, two people were identified. 35-year-old Binh Tran of Westminster, California is believed to be the supplier of the marijuana. Authorities also revealed that 29-year-old Joshua Slemons was the ringleader of the Florida portion of the drug operation.

There is no doubt that the individuals involved in this drug ring will face serious criminal penalties if convicted. In the state of Michigan, cocaine possession with intent to distribute or deliver involving 400 grams up to 449 grams will leave the defendant facing up to 20 years in prison along with fines of up to $250,000 if found guilty. Amounts of more than 450 grams adds a possible additional 10 years in prison to the sentence, and increases fines to a maximum of $500,000.

August 18, 2014

Owner and Operator of Detroit Tax Preparation Service Sentenced for Filing False Returns

by Scott Grabel

On August 13, United States Attorney Barbara L. McQuade announced that Monique Gray, owner and operator of MO Tax Services in Detroit, had been sentenced to 30 days in prison for filing a false federal income tax return. Gray also owns a trucking company, U&M XSpress, Inc.

Gray pleaded guilty to the charge, which was in connection with under-reporting of gross receipts for the tax year 2008. According to court documents, Gray’s tax business and trucking firm generated substantial income during 2008. Businesses are required under the law to correctly report their gross receipts for a given year, however Gray did not report all of the gross receipts. In fact, Gray’s Form 1040 for 2008 indicated gross receipts of $5,458 on a Schedule C Profit or Loss from Business, when the business actually had receipts of $44,982. She also had gross receipts of more than $122,000 from her trucking company, although she reported only $6,000.

Ultimately, Gray knew when she signed the 2008 Individual Tax Return 1040 form that the information she had provided was false.

In addition to spending 30 days in prison, Gray is required to pay restitution of $102,899 as ordered by U.S. District Judge Paul D. Borman.

Acting Special Agent in Charge Jarod Koopman of the IRS – Criminal Investigation unit said in a release that Gray’s actions were an affront to other business owners and taxpayers who are honest in filing their federal income taxes. He also said that her attempt undermines the tax system, and that the IRS – Criminal Investigation will continue the aggressive pursuit of others who believe they can commit tax fraud and get away with it.

August 18, 2014

Clear Example of Why People Should Not Drive After Having Consumed Alcohol

by Scott Grabel

Most people who choose to drive in an intoxicated state (even though they probably don’t think they are intoxicated) believe they are perfectly alert and capable. Even a couple of alcoholic drinks can impair your ability to think clearly and react swiftly. Most individuals believe they are “fine” to drive, that they will not get caught, everything will be okay. While that may be true in most cases, here is one recent example of what can happen when you choose to drive while drunk.

On Saturday, August 16, a Hampton Bays man was arrested in the early morning hours after police pulled him over for a traffic infraction – one of his headlights was not operating. This led to the man, 23-year-old Jack Formica, being arrested and charged with drunk driving. He was taken to the Southampton police headquarters where he would be held until his arraignment.

Did Formica know the headlight was out? Maybe not. Still, regardless of the condition of your vehicle or whether it is in good working order, you should never get behind the wheel whether you believe you are intoxicated or not. What would happen if you became involved in an accident that was not your fault, for example if you were rear-ended at a stoplight? Police would detect the odor of alcohol or notice red eyes, slurring, or other indicators of intoxication, and you would likely be charged with DUI.

If this had happened in Michigan, the offender would be facing serious consequences if found guilty of driving while under the influence, even if it was his first offense. Jail time, steep fines, and driver’s license suspension are a few of the penalties individuals face when convicted of DUI in Michigan. With each subsequent offense, the criminal penalties become harsher; in fact, a third offense is a felony, and will result in driver’s license revocation.

August 15, 2014

Number of Driver’s License Suspensions for Child Support Evasion at Record High in Cincinnati

by Scott Grabel

According to an article at Cincinnati.com, more than a quarter of the 85,000 parents with child support cases cannot drive now because their driver’s licenses have been suspended. In Hamilton County, it is reported that 23,541 licenses have been suspended due to non-payment of back child support. This is a record high, according to the article.

Moira Weir, Director of the Department of Jobs and Family Services, said that this is a last resort in an attempt to get parents’ attention, and get them paying the child support they owe.

Suspensions over the past five years have increased by 50%, partially due to the department becoming more efficient when it comes to tracking down parents who owe child support, according to spokesmen for the department Brian Gregg. Another reason for the increase is that the department has lowered the threshold from not paying the full child support amount for a 90 day period, to not paying half of amount due for 90 days.

In the state of Michigan, an individual’s license may be suspended for failure to pay child support. However, the primary reason that Michigan residents have their driver’s licenses suspended or revoked is due to DUI convictions. Driving under the influence may involve alcohol or drugs, as either can impair a motorist’s ability to safely operate a vehicle, putting his or her own life at risk as well as others on the roadways.

A license may be suspended for 30 days or longer, depending on the seriousness of the offense. In most cases, the person’s license is fully restored once the suspension period has passed. However, many people cannot make it for 30 days, 90 days, or longer without the ability to drive because of work, school, and other reasons. In these circumstances, you may want to get a restricted license that will allow you to drive only to and from specific destinations such as work.

A revoked license is a much more serious issue; in fact, an individual’s license may be revoked for life. In any case, having a suspended or revoked license restored usually requires a hearing before the DLAD, or Driver’s License Appeal Division of the Secretary of State’s office. These hearings are far from easy to win, and truthfully, quite difficult and complex.

August 14, 2014

Defendant in Detroit Mortgage Fraud Conspiracy Pleads Guilty to Conspiracy to Commit Bank Fraud

by Scott Grabel

In July of 2013, seven individuals were indicted for the roles they played in a Detroit mortgage fraud operation. Those who were indicted by a federal grand jury in the Eastern District Court of Michigan included Peter Allen, Suhail Hallak, Al Karana, Wasseem Shamoun, Joey Murad, Jeffrey Najor, and Jason Najor. The defendants were alleged to have used fraudulent information for the purpose of obtaining mortgage loans from banks and lending institutions beginning in January of 2006, and continuing until December of 2008.

It was announced by the Department of Justice on August 12, 2014 that Wasseem Shamoun has pleaded guilty to conspiracy to commit bank fraud. Shamoun pleaded guilty in the U.S. District Court for the Eastern District of Michigan. According to the July 2013 indictment, the scheme resulted in area banks and financial institutions paying out fraudulent mortgage loan funds that totaled approximately $10 million.

Five of the seven defendants were charged with 20 counts of bank fraud each, including Shamoun. Several agencies assisted in the investigation including the DEA (Drug Enforcement Administration), the IRS – Criminal Investigation, and the FBI. According to the release issued by the Department of Justice, Shamoun was personally responsible for a loss of approximately $394,000 to local financial institutions.

Shamoun and his co-defendants are said to have devised a scheme in which property was purchased in amounts ranging from $5,000 to $40,000 per home. The defendants then recruited straw buyers who would be paid a fee to submit fraudulent home mortgage loan applications. The prices paid to the defendants by straw buyers for single family homes ranged from $90,000 to $120,000 per home, with the defendants paying themselves $10,000 to $50,000 commissions.

Shamoun is scheduled to be sentenced on December 2, and faces a $1 million fine and statutory maximum prison term of 30 years for his role in the conspiracy. Continue reading

August 13, 2014

Alabama Woman Appeals Conviction for Murder of Mother in 2010

by Scott Grabel

In Booneville, MS in 2010, then 48-year-old Rebecca Jones allegedly killed her mother by shooting her twice, once in the arm, and once in the stomach. Jones maintains that her mother, Jane Jones, and herself were involved in a struggle over the gun when it fired accidentally. Rebecca Jones went on trial for the alleged murder in October of 2012, and was found guilty in 2013. She was sentenced to life in prison.

Jones has recently appealed her conviction. Earlier this week, the Mississippi Supreme Court was hearing oral arguments regarding the death of Jane Jones. Rebecca Jones lives in Lexington, Alabama and claims that she had come to Booneville to visit her mother and a friend when the shooting occurred. Rebecca Jones did state that she “got something off her chest” during her visit with her mother. While she claims a struggle over the gun, prosecutors argue there was no evidence of a struggle.

According to Prentiss County Sheriff Randy Tolar, a .38-caliber pistol that belonged to Rebecca Jones was found at the scene of the struggle. Jane Jones died later from the gunshot wounds at an area hospital. News reports indicate that Jane Jones called 911 after being shot, and Rebecca Jones called her boyfriend. Authorities claim that Rebecca did not attempt to give Jane Jones any aid.

Jane Jones was 66 years old when she died.

Michigan criminal appeals attorneys know that without very compelling evidence, it is not likely the Mississippi Supreme Court will overturn Jones’s conviction. Winning an appeal, particularly one in connection with a crime as serious as murder, is not a simple process. The appeals process is not a second trial, but a review by a higher court of the initial trial. The appeals court panel typically reviews evidence, documents, testimony, and other elements of the original trial, looking for errors or violations of the defendant’s rights, and more.

August 12, 2014

Father and Two Sons in Vermont Arrested on Suspicion of DUI Following Rollover Accident

by Scott Grabel

Recently, a father and two sons were arrested in Fletcher, VT after one of the sons was involved in a single-vehicle rollover that left him with injuries.

According to WPTZ News Channel 5, 22-year-old Joshua B. Woodward’s vehicle rolled on Cambridge Road near Metcalf Pond Road in Fletcher. Woodward was hospitalized, however after his release he was charged with his second DUI. Police said that he was operating under the influence, and that a preliminary breath test indicated his blood alcohol level was three times over the legal limit. It was also discovered that his driver’s license had been criminally suspended.

Woodward’s father, Brian, and his brother, Nicholas, were also arrested for DUI after attempting to drive up to the scene of the accident to check on Joshua. Initially, 19-year-old Nicholas drove up to see how his brother was when police noticed he was under the influence. While police were administering a breath test and arresting Nicholas for DUI, Brian got behind the wheel to get closer to the scene of the wreckage; this is when police noticed that he, too, appeared to be impaired. He was ordered by police to stop the vehicle, at which point he as given a breath test which indicated his blood alcohol content was also three times over the legal limit.

Nicholas’s DUI arrest was his second in two weeks, according to news reports. All three men were scheduled to appear on the charges in Franklin District Court.

While this is somewhat of a bizarre story, driving while under the influence of alcohol is a very serious problem across the country. In Michigan, driving with a blood alcohol level of more than twice the legal limit of .08 percent can lead to “super drunk” charges. At .17 percent, an individual is considered to be Super Drunk and may face charges for a high BAC (blood alcohol content) offense. In this situation, the individual will face enhanced criminal penalties if convicted.

A Super Drunk conviction will results in penalties that include up to 180 days in jail, possible community service, fines of up to $700, driver’s license suspension for 45 days, followed by 320 days of restricted driving, and more. If it is a second or third DUI offense, the consequences become even more serious.

August 11, 2014

Ironwood Residents Arrested on Drug Charges

by Scott Grabel

On August 6, three Ironwood residents were arrested after authorities executed a search warrant at 248 W. Larch Street. During the search, members of the Gogebic Iron Area Narcotics Team discovered methamphetamine, heroin, analogues, and firearms, according to an article at Upper Michigan’s Source.

The three people arrested include Carly Ann Pestka, 22, Mark Dwayne Overton, 35, and Adam Lee Stone, 33. All of the suspects were arraigned on the charges on August 7 in Gogebic County Court.

The Hurley Police Department, Gogebic County and Iron County Sheriff’s Departments, Ironwood Public Safety Department, and the Lac View Desert Tribal Police comprise the Gogebic Iron Area Narcotics Team.

Carly Pestka was charged with a single count of possession of heroin. Mark Overton faces several charges, including one count each of maintaining a drug house, possession of analogues, possession of meth, possession of heroin (less than 25 grams), and possession of a firearm during the commission of a felony. Adam Stone faces charges of maintaining a drug house, delivery/manufacture of heroin less than 50 grams, and possession of heroin less than 25 grams.

These charges are extremely serious, and will leave the offenders facing serious consequences if convicted. For example, Carly Pestka may face up to four years in prison and a fine of up to $25,000 for possession of less than 50 grams or heroin, although news reports do not indicate how much of the Schedule I drug she had in her possession.

Manufacturing, distributing, or delivering Schedule I substances including heroin will result in extremely severe penalties for those convicted, including up to 20 years in prison for an offense involving less than 50 grams of heroin. If the amount involved is more, the fines and prison sentences increase substantially. An individual who is found guilty of manufacturing or distributing 1,000 grams or more of heroin may face a maximum of life in prison, and fines of up to $1,000,000.

August 11, 2014

Assistant City Manager of Henderson, NV Arrested on Suspicion of DUI

by Scott Grabel

On Friday, August 8, 58-year-old Fred Horvath was arrested on suspicion of driving under the influence in Henderson, NV. Horvath is the Assistant City Manager, and was placed on leave from his position while an investigation into the DUI incident continues, according to a news article at NBC News.

Other news sources claim that Horvath was pulled over by an officer riding a motorcycle in the vicinity of Wigwam Parkway and Green Valley Parkway in the early afternoon hours. At the time of news reports, Horvath was arrested for DUI, but changes had not been filed pending blood test results from the Henderson Detention Center.

Horvath was Henderson’s human resources director beginning in 2009 until the point he was named assistant city manager in October of last year. In his position as Assistant City Manager, Horvath was responsible for Henderson’s utility services departments, information technology, public works, parks, and recreation, and community development and services. Horvath was not on duty when he was arrested.

Whether Horvath’s blood tests indicate his blood alcohol level was above the legal limit will likely determine whether he is arrested. In the state of Michigan, individuals can be charged with driving under the influence even when their blood alcohol content (BAC) is not above the legal limit of .08 percent. Known as OWVI or operating while visibly impaired, individuals may be charged with this offense regardless of blood alcohol content, based on police observations and opinions. Individuals who are found guilty of OWVI will face criminal penalties that include possible jail time, fines, driver’s license suspension, and more.