Michigan Criminal Lawyers Blog

August 7, 2014

Kalamazoo Woman Pleads Guilty to Conspiring with Handyman to Set Fire to Rental Home

69-year-old Lola Atkinson, a 2012 recipient of a YWCA Woman of Achievement Award and the first vice president of the Metropolitan Kalamazoo Branch of the NAACP, recently pleaded guilty to conspiring with her handyman to set a rental home she owned on fire, according to a news article at Mlive.com.

On Wednesday, August 6, Atkinson pleaded guilty to a single count of conspiracy to commit second-degree arson. Because of her guilty plea, prosecutors have agreed to dismiss a second count when she is sentenced in late September.

Atkinson and Elvis Patterson, Atkinson’s 57-year-old handyman, were arrested in February for allegedly plotting to burn down a rental home Atkinson owned at 1327 N. Park St. Patterson pleaded guilty to the charges in June.

Bill Moorian, a Kalamazoo Public Safety detective, testified in court that he and another detective conducted surveillance in February when Atkinson, Patterson, and the tenant who lived in the rental home had a meeting in which the three allegedly discussed their plans to burn down the house. Moorian told District Judge Richard A. Santoni that Atkinson gave money to the tenant to vacate the home so that she and Patterson could go ahead with the arson plan. Continue reading

August 6, 2014

Georgia Man Wins Appeal, Gets Reduced Sentence in Alleged Child Rape

by Scott Grabel

Last year, 48-year-old Winfred Ottley won an appeal of his conviction for rape and aggravated child molestation with the Georgia Court of Appeals, who overturned his conviction. At that time, he had to make a decision whether to face trial again and fight for his innocence, or plead guilty. Considering he would likely spend the rest of his life in prison if found guilty at trial, he chose to plead guilty to child molestation and statutory rape. Now he has been sentenced to 15 years in prison by Judge Maureen Gottfried.

Ottley could be out of prison in just 4 1/2 years because he has been given credit for time served. Originally, he was convicted in 2010 for allegedly raping a girl repeatedly over the course of three years. In 2013, the Georgia Court of Appeals threw out Ottley’s conviction, ruling that his defense attorney failed to challenge medical evidence that was presented at trial. Ottley’s court appointed public defender, Vicki Novak, decided they should not risk Ottley possibly being sentenced to life again by going to trial, so instead he pleaded guilty to lesser charges.

In the original trial, a jury found Ottley guilty on two counts of aggravated child molestation, two counts of rape and aggravated assault, three counts of cruelty to children, and one count each of child molestation and sexual battery. He was sentenced in May of 2010 to four concurrent life sentences.

The defense claimed at trial that Ottley’s estranged wife, who was allegedly having an affair with her church pastor, set up her husband so that she could have him arrested and collect his property and a significant amount of money. Even then, the appeals court overturned Ottley’s conviction based on the fact that his defense attorney did not challenge medical evidence presented at trial. Essentially, Ottley’s conviction was reversed because of ineffective assistance of counsel.

As all Michigan criminal appeal lawyers would agree, 15 years is a very light sentence when compared to life behind bars. While it is rare that an appeals court overturns a conviction, it does happen on occasion when a compelling argument warrants it.

August 6, 2014

When Charged with Drunk Driving in Michigan, There is No Defense, Right? Wrong

by Scott Grabel

As highly regarded Michigan DUI defense attorneys, we know that many individuals who are charged with driving under the influence (or OWI, Operating While Intoxicated, the legal term in Michigan) believe there is no defense to the charge. Unfortunately, many people simply plead guilty without considering there may be options. This is why it is so important that even for a first DUI, you consult with an experienced defense lawyer right away.

There are actually many defenses that may be effective in fighting charges of driving under the influence of alcohol. A skilled attorney will thoroughly review your case to help determine whether the charge could be challenged. A few examples of some of the common defenses used in a DUI case include:

Inaccurate PBT (Preliminary Breath Tests)

Inadmissible Datamaster Breath Test Results

Invalid Arrest Due to Inadequate Investigation Procedures

Invalid Stops

These are just a few defenses which may be effective in fighting your DUI charges.

A police officer must have a valid reason or justification for stopping someone who is driving. Unfortunately, many police officers use weak or unjustified excuses for pulling someone over, such as a loud stereo or exhaust. A police officer may decide that because you swerved just a bit within your own lane (which we all do on occasion), you should be pulled over. Once pulled over, even if the stop is invalid, the police officer will check for signs that you may have been drinking, such as glassy eyes, an odor of alcohol, slurred speech, etc. If it can be proven that the police did not have “reasonable suspicion” to stop you, the charges may be dismissed.

Field sobriety tests are highly criticized, particularly in the state of Michigan where many police officers are not strained in these tests. The standardized field sobriety tests set forth by the NHTSA include the one leg stand, the horizontal gaze nystagmus test, and the walk-and-turn. Ultimately, it is up to the officer to determine whether an individual passed or failed the test, which is often used to decide whether an arrest should be made. Many officers rush through these exercises and approach them in an unorganized fashion, which decides the driver’s fate in mere minutes. A capable Michigan DUI defense lawyer will carefully analyze whether the officer properly administered these tests, and whether there were outside factors that could attribute to the motorist’s ability (or inability) to perform them such as a disability, the fact that he or she was taking medication for an illness, and other factors. Truthfully, it is difficult for the most sober person to perform these tests.

Preliminary breath tests can be highly inaccurate as well, and motorists are not required to submit to the PBT, or roadside breath test. In fact, you should politely refuse this test, although you will be required to take the Datamaster breath test at the police station.

August 5, 2014

Interesting Fact – More Women are Arrested for DUI Than Men, According to FBI Statistics

by Scott Grabel

Since 2003, it appears that the number of women arrested for DUI has risen, while the number of men arrested for driving under the influence has decreased. Between 2003 and 2012, the number of women who were arrested for DUI rose by 21%, while the number of men arrested for DUI fell by almost 17%. These figures consider the number of arrests across the nation.

Unfortunately, women are also involved in more DUI incidents that result in death, according to research scientist Erin Holmes with a Canadian based research company, the Traffic Injury Research Foundation.

What are the possible reasons more women are being arrested for drunk driving? According to research, it is believed the fact that more women work now than they did two decades ago contribute to the numbers. Women are driving more during night time hours when they are more likely to be arrested, and it is no longer socially unacceptable for women to have a drink in public. This is particularly true of younger women.

Another factor that may affect the numbers is the fact that many of the first offender diversion programs have been eliminated, which results in more women coming through the criminal justice system.

The good news is that in the state of Michigan, the number of crashes related to drunk driving have gone down for both men and women. According to the head of the Michigan State Police Alcohol Enforcement Unit Sgt. Perry Curtis, drunk driving arrests have steadily declined over the years. In Michigan, the number of DUI crashes between 2003 and 2012 fell for both women and men, dropping from 3,203 to 2,563 for women, and 11,400 to 7,250 for men.

Still, Curtis says that the percentage of females who are arrested for DUI has increased during his career which he began in 2000. Work stress, arguments with a partner or spouse, and divorce seem to drive women to abuse substances such as alcohol, according to East Lansing substance abuse counselor Mike Stratton.

August 4, 2014

Laredo City Council Member Suspected of Selling Cocaine Out of His Truck

by Scott Grabel

On Friday evening, August 1, Laredo city council member Jorge Vera was booked into the Webb County Jail after being charged with possession of a controlled substance (cocaine). According to news reports at Mysanantonio.com, Vera posted a $1,500 bond and faces a misdemeanor charge of filing a false police report in addition to a felony drug charge.

On Wednesday July 30, Vera attended a special meeting of the Laredo City Council, just one day after he had been questioned by police regarding another man’s arrest for drugs and the involvement of Vera’s truck in the incident. On Tuesday evening, July 29, police were summoned to a bar after being tipped off that someone was selling drugs out of a truck in the bar’s parking lot. After a drug dog went over the truck and detected a “powdery substance,” a 24-year-old man was arrested and charged with tampering with evidence. Vera admitted that the truck in question was his, but says that it was broken in to.

Vera initially denied any connection with the drugs in his truck, but later turned himself in to police. According to television station KGNS, police told the station that Vera offered a female off-duty patrol officer and her friends cocaine.

On August 1, the City of Laredo issued a statement regarding Vera’s arrest, and the criminal matter which must run its course as the district attorney’s office continues investigating.

As all Michigan drug crime lawyers know, selling cocaine is a serious criminal offense. While no mention of the amount of cocaine involved was found in our news sources, the punishment for cocaine possession with intent to distribute or sell in the state of Michigan is harsh. Even when less than 50 grams is involved, the offender may face fines of up to $25,000 along with a maximum of 20 years in prison if convicted.

August 1, 2014

Sibling Fight Ends in Murder Charges for Dearborn Man

by Scott Grabel

On Monday, July 28, 23-year-old Rajeh Elmawri of Dearborn was charged with torture and first-degree murder in the death of his sister, 30-year-old Asyh Elmawri.

According to news reports at Mlive.com, the brother and sister became involved in an argument that turned deadly. Rajeh Elmawri allegedly strangled his sister on Saturday afternoon at a family home located in the 7500 block of Bingham, and stabbed her numerous times. Dearborn police Chief Ronald Haddad described the incident as a “domestic violence incident that escalated.”

Elmawri family members called 911 to report the argument. When police arrived on the scene, they found Asyh Elmawri’s lifeless body inside the home.

The defendant was arraigned on the charges on Monday before District Judge Sam Salamey who ordered Elmawri jailed on a $1 million bond. His probable cause hearing is scheduled for August 8. A defense attorney will be appointed by the court, according to the Washington Times.

First-degree murder is a very serious charge, and leaves the defendant facing life-changing consequences. The maximum punishment for someone found guilty of this crime is life in prison. Given that the defendant in this case was involved in a domestic dispute with his sister, could he have been acting in self defense? The case remains under investigation, so perhaps a motive or other facts surrounding the case may come to light in the coming days and weeks.

July 31, 2014

Wisconsin Woman Chases Man to Get Her Revoked Driver’s License Back, Charged with DUI

by Scott Grabel

Driving on a suspended license is serious enough, however recently a Racine, Wisconsin woman was caught operating a vehicle while her driver’s license was revoked. According to the Racine County Eye, 37-year-old Lisa Coca was driving while intoxicated when she chased a man who she claimed had her driver’s license.

The incident occurred at approximately 2 a.m. on July 18 when Coca spun her tires out while driving in front of a Caledonia police officer. Coca claimed that she was speeding because she was attempting to catch up with a man who supposedly had her driver’s license. She was driving in the area of Six Mile and Middle roads when she spun her tires and was pursued by the officer. At one point, Coca was driving at speeds of 50 mph in a 25 mph zone.

When Coca turned into a driveway, the police officer began walking toward her Ford Explorer, however she and a passenger exited the vehicle and, acting as if they did not know the officer was there, proceeded toward the home. The officer then instructed Coca to stay in her vehicle. The officer noted in his report that he smelled alcohol on Coca’s breath, and that she talked fast. She told police that her driver’s license was in the possession of the man whose car she had been following, however police learned that her license had been revoked due to a previous conviction for drunk driving.

Coca was ultimately charged with bail jumping, operating a vehicle while revoked, and a second offense suspicion of drunk driving.

In Michigan, having your driver’s license reinstated after it has been revoked is not an easy process; in fact, it is quite difficult. You must request a hearing with the DAAD (Driver Assessment and Appeal Division), however this is just the first step of a complicated process. There are many evaluations and tests you will have to provide that will support your claims of sobriety. Participating in a program such as AA is also critical to proving to the hearing officer that you will not relapse. Even then, there is no guarantee your driver’s license will be restored.

July 30, 2014

Missouri Man’s Conviction for Forcible Rape and First-Degree Burglary Will Stand According to Appeals Court

by Scott Grabel

In May of 2013, 35-year-old Moses Grayson was found guilty in a Stoddard County courtroom of first-degree burglary, and forcible sodomy. According to news reports, it took the jury just over an hour to reach the guilty verdicts.

Grayson is accused of entering the victim’s Dexter home and forcibly raping her in May of 2011. He allegedly parked his van down the road, then walked into the back yard of the 31-year-old victim’s home, where he cut the screen from a window using a pocket knife, then entered and found the woman sleeping in her bed. Grayson is accused of threatening to kill the woman and holding the knife against her throat; he also allegedly struck her in the head when she refused to follow verbal commands.

News reports indicate that Grayson must serve time for the forcible sodomy charge before he begins serving time for the burglary. He must serve a minimum of 25 years and six months for the forcible rape charge, which is 85% of the maximum sentence allowed in Missouri. Once that sentence is served, he will begin serving the burglary sentence.

Although news articles did not reveal the grounds on which Grayson and his attorney appealed his convictions, the Missouri Court of Appeals upheld the convictions on July 23. If Grayson serves the minimum sentence for both convictions, he will be 71 years old before he is eligible for release. If he serves the maximum sentence, he will be 86 years old before being released from prison.

Individuals who are convicted of a crime have the right to appeal a conviction or sentence. Many who are sentenced to prison time are not aware that they have other options. Like everything else in life that is controlled by humans, mistakes may be made in the criminal justice system. Whether a judge or jury erred, or police collected evidence unlawfully, you may choose to appeal your conviction to the Michigan Court of Appeals. However, it is important to note that winning an appeal is not a simple matter, and can never be guaranteed by any attorney. The process of appealing a conviction or sentence may move even further up from the appeals court, going on to a state supreme court and eventually the U.S. Supreme Court in some cases.

July 30, 2014

Should You Fight a DUI Charge in Michigan?

by Scott Grabel

As experienced Michigan DUI attorneys, we know that individuals who are arrested for driving under the influence of alcohol often wonder whether they should fight the charges. Most people who are charged with a drunken driving offense are concerned primarily about two things – possible jail time, and their job. Is it worth hiring a defense lawyer, and should you fight? No two cases are alike, however a seasoned attorney can help you determine the best way to proceed.

In terms of employment, those who are most affected by a DUI arrest or conviction are individuals who are professionally licenses, such as doctors, lawyers, nurses, insurance agents, CPA’s, and the like. In such cases, it is likely that the DUI arrest/conviction will be reported to the state licensing board, who will then determine the necessary response in accordance with the law. However, even those who are not employed in positions that require a professional license will want to have a skilled DUI lawyer review employee handbooks, contracts, or other documents which may indicate whether an arrest or conviction will impact your employment.

What some people do not give much thought to is that a DUI conviction will result in driver’s license suspension. Even for a first-time offense, your license will be suspended for 30 days, followed by 150 days of restricted driving. How will this impact your life, especially considering that for a solid month you will not be able to drive at all?

While most individuals facing DUI charges for the first time will not face jail time, the maximum sentence is 93 days – and you could face a few days, depending on the judge in the case. If you are arrested for driving under the influence a second or third time, the stakes become even higher – and the penalties more severe. In this case, there is no question as to whether you should seek out legal support and guidance.

July 28, 2014

Five Arrested for DUI in DUI/Drivers License Checkpoint in San Bernardino on Friday

by Scott Grabel

On Friday, July 25, a DUI/Drivers License checkpoint was conducted by San Bernardino Police between 6 p.m. and 2 a.m. in the 300 block of W. Baseline Avenue, according to a news article at Highland Community News. Police departments often conduct unannounced checkpoints in order to not only catch those who drive while under the influence or without driver’s licenses, but to increase awareness of the dangers of driving drunk and help enforce the laws regarding DUI.

In this checkpoint, police arrested five individuals for driving under the influence, although eight people were arrested in all, three on criminal charges. Of the five arrested for DUI, one was suspected to be under the influence of alcohol, the other four suspected to be impaired by drugs.

Michigan DUI attorneys realize that when the average person thinks of an arrest for driving under the influence, he or she usually assumes alcohol or liquor was involved. The fact is, there are many people who are arrested each year for driving under the influence of heroin, cocaine, methamphetamine, and other substances that can impair an individual’s ability to safely operate a vehicle. Essentially, “under the influence” can mean any illicit or illegal drug, liquor, or substance that puts the driver’s life in danger, as well as the lives of other motorists or pedestrians around the driver.

In Michigan and across the U.S., drunken driving is a serious matter that is punished severely. In the state of Michigan, a first-time DUI offense can result in criminal penalties that include jail time, fines, community service, and driver’s license suspension, among other things. A second offense will result in increased penalties; a third offense is a felony. If convicted of a third DUI, the individual will face a maximum of five years in prison, fines of up to $5,000, and a revoked driver’s license for a minimum of five years.