Crime figures were released last week by the Detroit Police Department and the news wasn’t good when it came to homicides. The city has seen 23 more homicides compared to the same third-quarter period in 2010, marking a 31% increase. Overall, 2011 murders have jumped 19% and the department says it’s largely the fault of offenders already on probation.

“It’s important to note those who are constantly causing havoc in the community…have been placed on probation,” says Inspector Dwane Blackmon of the Department’s homicide unit.

It isn’t clear if Blackmon is implying these people should have been off the streets to begin with or if he is making a general observation. While no one can predict who will commit a murder and who will be a successful probationer, many people see probation as a walk in the park or a free ride for a convicted criminal.

While it’s true that probation is definitely easier than jail time, it’s far from a walk in the park and the courts are cautious about who is granted this suspended sentence and who is required to serve time.

Judges take many things into consideration when determining who will receive a suspended sentence. Often, the prosecutor plays a major role in this determination as well, through the use of plea bargains. A defendant may agree to plead guilty to a lesser charge in exchange for a more lenient sentence (probation). But it’s rare that the prosecution and then the judge would agree to such a bargain if there was any indication that the defendant would become violent if allowed back on the streets.

The city’s homicides aren’t telling the whole story, though. Violent crimes dropped overall in the third quarter, about 11% overall for the year so far. Burglaries saw a 10.78% drop and rapes are down 6.2%.

The city is concerned that the increased homicide rate is due to lack of community involvement, because people are reluctant to work with police. “The community has to wake up and see the importance of protecting their community. The community has to get involved,” said one concerned resident.

Last summer the police began “Operation Inside Out: Night Angels” to assist in quelling the violence. This program deployed officers who would normally work a desk job to an 8 hour patrol shift once per week. This program put 40 to 50 additional officers on patrol on each shift.

Visible members of the community and the police alike see a need for cooperation to reduce crime overall but acknowledging it and making it work are two different things.

In an effort to keep drugs under control in Flint, Genesee County Sheriff Robert Pickell has been using narcotics check points to stop and search vehicles. He has assembled a posse (no, really, he calls them his “Sheriff’s Posse”) and they are using drug dogs to check motorists for drugs.

“We think there’s major loads (of drugs) coming through here from all over, every day. And this is one of the tools we use—narcotics checkpoints.”

Motorists have seen a pickup, like the one shown here on the Detroit Free Press website, towing a sign that warns of the narcotics check point “1 mile ahead”. They’ve seen it in use on I-69 and U.S. 23, two of several major roadways that pass through and around Flint.

The problem with these checkpoints is they likely wouldn’t survive a challenge in court. In 1990, the Michigan Supreme Court ruled that DUI checkpoints were illegal. Also, the United States Supreme Court made a ruling in 2000 that blanket narcotics checkpoints in Indiana violated the Constitutional protection of the 4^th Amendment and where therefore also illegal.

Sheriff Pickell, however, says he welcomes a conversation with the ACLU and refuses to say whether or not the checkpoints have resulted in any big drug busts or any arrests at all.

Though the checkpoints originally stopped everyone, Pickell has made some adjustments due to the backlash. Now, he waits for a driver to spot the warning signs and make a U-turn or try to otherwise avoid the stop before pulling them over and searching the vehicle. University of Michigan professor Moran says even this tactic wouldn’t likely survive a court challenge, coming very close to entrapment.

Of the citizens most concerned with the Sheriff’s tactics are the state’s medical marijuana users. Though they are registered and allowed to have marijuana with them, the use of drug dogs and police search tactics can be intimidating nonetheless.

For now, there is no one in a place to put a stop to these checkpoints. They won’t likely stop until Pickell makes the decision to suspend them or until they are challenged in court after an arrest is made.

Your protection against unreasonable searches and seizures is provided by the 4^th Amendment of the U.S. Constitution. This is why police officers must have a warrant, your consent, or some other exigent circumstances to justify the searching of you, your vehicle, or your home.

If you’ve been arrested, the legality of your arrest and those things that led up to it will be of upmost concern to your attorney. Contact us today to discuss the case against you and how we might be able to help.

All it takes is one court decision to stop the medical marijuana trade in its tracks. At least that’s what Michigan is seeing this week after a ruling on Wednesday determined the Compassionate Apothecary in Mt. Pleasant was a public nuisance and needed to be closed. But this single ruling has dispensaries all over the state shutting down.

The state Court of Appeals ruled that the medical marijuana legislation passed by voters did not give businesses the legal right to sell marijuana, it only gave patients the right to use  it, grow it, or receive it from a caregiver.

There are an estimated 400 to 500 dispensaries in the state, most of which have already shut down or are planning on it in coming days. This leaves about 100,000 registered medical marijuana patients wondering if they should invest in growing equipment or return to purchasing the drugs illegally on the street.

Attorney General Bill Schuette was against the medical marijuana legislation from the beginning and is unsurprisingly pleased with the court’s ruling. Despite the fact that voters approved the medical marijuana law, he states “Nobody voted to have pot shops across from schools and churches. The court of appeals unanimously cleared the air that these dispensaries, these pot shots—really drug houses—are not legal.”

Critics counter Schuette’s position stating that the dispensaries could potentially stay open if changes were made. The court failed to address whether or not patients can give pot to other patients. Because this hasn’t been clarified and hasn’t been explicitly outlawed, they claim dispensaries could charge for rolling papers, for instance, while giving away the actual marijuana.

Patients will be far more likely to return to the streets to purchase marijuana than grow it. Depending on how much you grow, your electric bill could skyrocket to $600 per month. Most will likely take the risk and purchase their pot like everyone else does, from marijuana dealers.

Could a medical marijuana patient be busted for buying pot? Legally, yes, though it’s not likely. Could a pot dealer be busted for selling to a registered medical marijuana patient? Absolutely. The medical marijuana law does not give free reign to pot dealers that cater to the registered patients, as this ruling by the Appeals Court showed.

So what does this mean to medical marijuana patients? They will have to obtain their pot on the black market and run the risk that anti-medical marijuana advocates may decide that prosecuting them for purchasing it in this way is a worthwhile cause.

Whether you are someone who thought you would help a friend in need out—selling or giving marijuana to a registered patient, or if you are a casual user of marijuana, you could face serious criminal charges for your actions. If you are accused of a marijuana offense, contact our offices today to discuss your case.

The Free Press this week is working on uncovering just how where you are arrested can affect your sentence in an OWI case. Because judges are allowed a great deal of discretion in misdemeanor cases like those involving drunk driving, what might get you no jail time in Utica could land you over 30 in Warren.

Under Michigan law, a first offense OWI conviction can carry up to 93 days in jail, 180 days suspended driver’s license, 360 hours of community service, a $500 fine, and 6 points on your driver’s license. Do all OWI cases result in the maximum sentence? Not hardly. As a matter of fact, it is incredibly rare for a judge to sentence someone to the maximum, especially for a first offense.

Instead, judges in Michigan usually sentence people to a few days (if any) jail time. Community service, probation, fines, and license suspension are used far more often with first offense drunk driving charges. But not all judges use jail time as sparingly as the majority. Some dole it out on a regular basis.

District Judge Kimberly Small in West Bloomfield is notorious for ordering jail time on first offense drunk drivers. Others see it as pointless. Small says the only difference between a first time offender who causes the death of someone and one who doesn’t is luck. She sees jail time as the wakeup call needed to prevent future drunk driving offenses.

There seems to be no evidence, however, that jail time on a first offense OWI is any more effective at reducing recidivism and 2nd offense OWI charges than probation or fines and community service. “I think jailing somebody on a first offense is really a political thing. Look how tough I am,” says one judge. “Statistics show that treatment is what works.”

This isn’t something unique to the Detroit area, nor is it unique to Michigan—it happens all around the country as sentencing guidelines are extremely rare for misdemeanor cases. Judicial discretion is a cornerstone of the criminal courts as the judge should be able to take into consideration all of the facts of a case. But sometimes, judges use this to “send messages” more than to dole out appropriate justice.

Knowing how different judges handle OWI cases differently is just one benefit of having a local criminal defense lawyer. If you’ve been charged with drunk driving and you’re unsure of the penalty you might face, contact our attorneys today to discuss the details of your case and how the jurisdiction in which you were arrested may affect the outcome.

You don’t need a prescription to obtain medical marijuana in the state of Michigan—merely a doctor’s note. But that won’t cut it for many judges who believe medical marijuana can and should be regulated for probationers, according to the Daily Telegram.

Lenawee County Circuit Judge Timothy P. Pickard frequently forbids probationers in his courtroom from gaining access to medical marijuana. He does this by making it a condition of their probation. Though the state doesn’t have any restrictions on people with criminal convictions using or growing cannabis, as long as they have their medical marijuana card, Pickard believes it’s his duty to place those restrictions himself.

A judge or probation officer can limit or restrict other legal activities, like drinking, for those under supervision. It’s along these lines that some Michigan judges are adding a medical marijuana condition to probation contracts in their courts.

Pickard is concerned that medical marijuana is too easily accessed in Michigan, leading to many people obtaining cards who don’t really need the substance to treat a medical condition. “I don’t buy it,” he says when sentencing one cocaine offender. “It seems to be an excuse for everybody to light up and smoke dope.”

In his courtroom he is particularly restricting access to those convicted of drug offenses. He says he will still consider allowing medical marijuana for people who are not convicted of a drug related crime and who can demonstrate that the marijuana can assist them in treating a serious medical condition, something he says he has yet to see.

The local district court has implemented a similar policy, taking an even harder line by requiring probationers to surrender their medical marijuana cards as a condition of their supervision. The state Department of Corrections has no policy set in stone on probationers and medical marijuana (though they do ban employees from medical marijuana).

Though Michigan citizens support access to medical marijuana, it is still regulated. Like alcohol, the state can set up rules regarding how it is obtained. Likewise, judges can add it as a legitimate condition of probation. It isn’t clear if judges have restricted the substance from people who really needed it for treatment of a medical condition or not. But it’s not improbable considering the judges in question seem opposed to medical marijuana altogether.

For people who are on probation, even if they once had a medical marijuana card, growing or possessing pot could bring about new criminal charges, not to mention a probation violation.

While medical marijuana and decriminalization laws are expanding nationwide, Michigan will still aggressively prosecute charges, and judges interpret the law strictly. If you are charged with a marijuana offense in MI or are facing a probation revocation hearing, our attorneys can help.

Over thirty years ago, Flint was booming. Now, it’s imploding. One in five residents is unemployed and the city leads the nation in violent crime rates. Citizens are scared and police seem to be unable to do anything about it.

Last year, according to the FBI, Flint Michigan led the country in murders, aggravated assaults, arsons, and burglaries. Hardly a feat worth bragging about. Poverty, no doubt, has played a role. But so has the fact that the city is surviving with the lowest cop to citizen ratio in the state.

In the past three years, the city has had to reduce their police force by 2/3. There are 1.2 cops for every 1,000 citizens. Detroit has the second lowest rate with a comparatively dramatic 3.9 officers per 1,000 residents. Flint’s population is about 102,000 and their police force numbers 124 officers.

Mayor Dayne Wallling took office in 2009 with a promise that he would cut crime by 10%. But in part because the police refused to make concessions during budget talks, layoffs had to resume. Walling will subsequently face a tough reelection this year.

According to the Detroit News, the people of Flint are either terrorized or apathetic about the situation. They take extra effort in protecting their homes—like buying new pitbulls, erecting taller fences, buying guns, or blocking their doors with heavy furniture. Some, however, use the lack of enforcement to breeze through stop signs and sell drugs in plain view on the corners.

How the city will deal with this epidemic of crime and carelessness isn’t clear. When communities are filled with people who can’t find work because the industries that their city was built off of are now gone, the entire city suffers. While the Detroit News points out some downtown districts are picking up—city officials refused to comment for the story, showing they have no better answers than anyone else.

There is a group of people within Flint who now too well that those 124 officers can manage to get some work done—those are the people behind bars facing charges. And despite their presence in the murder capital of the country, they are innocent until proven guilty.

When you are arrested, it can feel like you’ve already been judged. But you are entitled to certain rights under the Constitution, rights that a defense attorney is there to ensure are protected. If you are facing any type of criminal charges in Flint or across Michigan, contact out attorneys today.

Law enforcement officials in the South are casting a steely glare North as they continue to find their citizens in possession of OxyContin from Detroit. According to the Detroit Free Press, cops in states like West Virginia, Ohio, and Kentucky are seeing more and more cases of the drug, affectionately called “hillbilly heroin”, that can be traced directly to Detroit dealers.

It seems the dealers have an easier time getting the drug in Detroit and the demand for it isn’t as high here. What they may sell for $20 in the Detroit Metro can go for $100 to $250 a pill a few states to the south.

Because Detroit hasn’t experienced as bad of an OxyContin problem as other areas, it’s still relatively easy for people to get it. In states where it’s been an issue, however, getting the drug prescribed or even from a local dealer can be extremely difficult.

It boils down to supply and demand. Detroit can supply the drug that the other states are demanding. Because there are so few other resources for it, these northern dealers can charge what they want and make out like bandits.

While officials can’t catch all of the drugs coming south, they are rounding up several. Dealers who cross state lines with drugs like this can face federal charges and federal drug charges often carry much harsher sentences.

While local law enforcement is often after the users and the dealers, the Drug Enforcement Agency (DEA) is targeting the doctors and pharmacies that the drugs originate from. Many of these doctors practice questionable ethics, prescribing powerful drugs like OxyContin where it’s not medically justified.

In addition to the increase in prescription drug trade, the demand for OxyContin has also created an increase in heroin abuse. OxyContin is seen as a gateway drug to the much stronger cousin, heroin. Not only is it more potent, it’s cheaper, allowing addicts to get their fix at a fraction of the cost.

Under Michigan law, heroin also carries a stiffer penalty. Classified as a Schedule I drug, it is the most addictive type of controlled substance available. While a very small amount and no criminal history could get you probation, any amount greater than 50 grams for a second offense or more could land you a mandatory life sentence.

Whether OxyContin or heroin is the drug you are found with, you face serious consequences. Contact us for a free consultation and to see how we might be able to help.

In 2008 the Detroit crime lab located in Brush Park was ordered to be closed due to “sloppy investigations.” But apparently the sloppiness didn’t end when the unit stopped handling investigations. The Detroit Free Press found last week that the lab, housed in a former elementary school, still contained criminal evidence and files.

Televisions, cameras, microscopes, files, old blood samples, and even live ammunition littered the abandoned building. And perhaps the worst part—the building had been open, with a fence down and windows busted open, for at least a week.

The Free Press alerted the police department which launched an immediate investigation into what happened. Police Chief Ralph Godbee Jr. said “I will make sure that this never happens again,” after being told of the situation at the old lab.

When the lab was originally closed in 2008, existing evidence was to go to the State Police which was taking over for the lab. Obviously, not all the evidence made it. Investigation records, sealed evidence, and even bullet proof vests were left behind. Abandoned buildings in Detroit are not unusual, but abandoned buildings with this sort of stockpile are extremely rare.

A photographer who travels the city shooting photos of abandoned buildings walked right through the front door last week of the old crime lab and was shocked at what he saw. “My concern is that a scrapper or homeless person can go in and stock up on ammunition and a bullet proof vest.”

But the dangerousness of the wrong people getting a hold of potentially dangerous items is only part of the concern. The evidence left behind could be part of ongoing cases and appeals. The preservation of evidence in a criminal case is crucial. One threat to the integrity of evidence could mean the difference between a conviction and dropped charges.

As a matter of fact, many cases are filtered out of the courts because of problems with evidence collection and handling. The presence of case files, blood samples, and ballistic testing materials from weapons cases in the abandoned lab could potentially have a significant impact on the cases they were related to.

The Wayne County Prosecutor’s office is already reviewing 557 crime lab cases, brought to their attention by a number of people in the legal community. It seems they may have more to look at after this latest discovery.

If you are facing criminal charges, the evidence in your case is sometimes all the prosecution has. If the physical evidence was seized unlawfully, it could be “thrown out” of court. Understanding the rules of evidence and your rights is the job of your defense lawyer. Contact our attorneys today if you’re in need of counsel and we can provide a free initial consultation.

A Bay City judge this week ruled the statewide ban on stun guns is unconstitutional. But because this is a trial judge, it’s certain we haven’t heard the end of this argument, which will eventually have to be settled by higher courts.

photo credit: Yohei Yamashita

According to ConnectMidMichigan.com, an employee of the Old Town Party Store in Bay City liked to keep a stun gun tucked in his belt while he was working. Working in a store that sold alcoholic beverages likely made this employee think he needed a little extra protection on his job. But he was reported, arrested, and charged with a felony weapons charge.

The store clerk faced four years in prison for the offense but he was fortunate enough to be seen by Bay County Judge Joseph Sheeran.

Judge Sheeran determined the law banning stun guns as unconstitutional precisely because it bans them rather than regulating them. The charges were thrown out and the clerk was released.

The defense attorney on the case made an interesting point that seems to sum up the judge’s thoughts as well, stating “the individual working with my client had a firearm and that was constitutionally protected, while a less lethal stun gun is not apparently…”

His attorney argues that the 2^nd Amendment of the Constitution is the right to “bear arms” not solely “firearms” and that weapons including stun guns should be included under this protection.

Seven states have banned stun guns. It will be interesting to see how this judges ruling plays out over the course of coming years. It wouldn’t be surprising to see other similar cases arise in the other six states that ban the weapons (New Jersey, New York, Rhode Island, Massachusetts, and Hawaii).

The 2^nd Amendment protects your right to bear arms but the states reserve the right to “regulate” this. This is precisely what the judge was referring to when he stated that the current ban oversteps its boundaries in banning rather than regulating the stun guns.

It’s this regulation that has resulted in so many weapons laws in Michigan and across the country, these laws often being at the center of hot debate.

When you are facing gun charges you are essentially accused of violating these regulations that control just how you can own and use them. If you are accused of violating these laws, a local criminal defense lawyer may be able to assist you in navigating the courts and achieving the best results possible. Contact our attorneys today for a free consultation on your Michigan gun charges.

Wide availability and a high cheaper and more intense than “gateway” prescription drugs, heroin is back and stronger than ever. According to the Detroit News, surrounding suburbs are seeing a dramatic rise in deaths associated with the drug while the metro area isn’t seeing any noticeable fluctuation at all. And those hardest hit seem to be the young.

Since 2003, the number of “young people” (ages 18-29) seeking heroin treatment from state sponsored programs has doubled. In Genesee County at Community Mental Health, treatment of heroin addiction among this age group has grown six fold.

Puzzling is that the drug is hitting suburban young adults the hardest. It could be with the growing abuse of prescription drugs in these environments that heroin is the next step, a more potent high. Sources say these aren’t your typical “troubled” youth and instead are kids who used to be popular and get good grades.

In 2007 10 young people died of heroin overdoses in Pinckney, one of which was a varsity athlete who had just received his diploma. In the last three years close to 10,000 people sought heroin treatment in state sponsored agencies.

The director of substance abuse services for Genesee County Community Mental Health claims the drug has lost some of its “mystique”. She also states that trends show drugs to wax and wane in popularity, growing when it’s most highly available and then falling again when deaths and overdoses start to become commonplace.

Another worrisome thought, heroin is much more potent now than it was when it first became popular decades ago. It’s said to be 20-50% pure, compared with 3-5% pure in the sixties. That’s quite a climb and something certainly contributing to the overdoses and deaths.

Heroin addiction is notoriously difficult to kick. The withdrawals experienced by someone who is truly addicted can cause illness and even extreme pain. It’s typically something that can’t be handled by an individual without some help.

Often, when an addict is arrested for possession or another criminal charge, it’s the only opportunity they have to get help. Because the state and local jurisdictions want people off drugs, there are some resources to assist those facing charges and addicted to drugs.

Depending on the charge you are facing and the jurisdiction you are charged in, you could receive treatment as part of probation or you could be diverted into another sentencing alternative.

If you are facing drug charges or if you are accused of a crime and are addicted to drugs, contact our offices today. We can discuss the options available to you and how we might be able to help.