Kilpatrick pled guilty to charges of perjury last year. In his plea agreement, he was ordered to serve 5 years of probation including restitution of $1 million during this 5 year period of supervision. A warrant was issued when he failed to make a payment on time. However, according to The Detroit News, Wayne County Prosecutor Kym Worthy will be seeking additional violation charges.

Kilpatrick is said to now live in Texas selling software.

The majority of cases in this country end in plea agreements. Probation is often part of this agreement. In Kilpatrick’s case, he had to serve 99 days in jail before being released to probation supervision.

Each probation case is different as the system is designed to provide the necessary resources to both keep the community safe and assist those under probation with living a crime free life. The judge and probation officer can order special terms of probation depending on the specifics of your case.

For instance, if your original charges are for drug possession, you can expect random drug tests and quite possible some drug treatment to show up as mandatory terms of your probation. On the other hand, if your charges involved an assault, anger management classes are likely in your future.

Regardless of what the specific conditions of your probation are, if you are found to be in violation of those rules, you can be taken back to court with the possibility of having your probation revoked and having to serve your original prison sentence.

Probation violation hearings are not the same as criminal trials; you have likely already pled guilty in your plea agreement. In fact, the proceedings are very different. Despite the differences, a defense attorney can assist you in preparing your case and potentially keeping you out of jail.

Whether you are facing probation violations or criminal charges, we can help you with your legal problems. Call our attorneys today to discuss your case and to receive some important criminal defense information.

This is one #1 position no city wants to have. The statistics examine crime data from cities across the country whose population is more than 40,000. Around 850 cities are taken into consideration according to this article from The Saginaw News.

What makes this even more interesting is that violent crime in this small city continues to climb despite the population diminishing. Since 2000, Saginaw has lost 10% of its population. This loss is largely attributed to the loss of industry in this once booming town.

Michigan, as a whole, didn’t do too good in the 2008 rankings with Saginaw at #1, Flint at #6, Detroit at #10, and Pontiac at #11.

Saginaw County Prosecutor Michael D. Thomas blames several things when asked about the numbers. He finds issue in reductions in the number of police, “more lenient state sentencing guidelines” and a low number of prosecutors in Saginaw County.

Interestingly, poverty and the lack of industry weren’t mentioned as potential causes. Many criminologists point to unemployment and poverty as huge factors in high crime areas and it seems to me that at least as much attention should be given to prevention as policing and prosecution.

Violent crimes are often committed in the heat of the moment when stress levels are high. Sometimes you catch yourself acting out of rage and the next thing you know you are sitting in the back of a cop car with your hands cuffed behind your back.

Whether you are accused of hurting someone you love or defending yourself against a stranger, we can help. Our defense lawyers  know the stress of being caught up in the legal system and also understand the defensive strategies that can help your case. Assault, domestic violence, and even drug offenses can lead to lengthy prison terms.

Contact our attorneys today if you are facing charges like these throughout the state of Michigan. We can  give you some free legal advice and let you know how different defense strategies may help your case.

According to the report, the marijuana was already packaged for sale when the officers located it in the back seat of a vehicle.

Although the reasons are unknown, officers stopped the vehicle around 8pm near Fullerton and Dexter. Upon stopping, the driver fled the scene on foot. When officers lost him and returned to the car, they found the two occupants missing and the marijuana left behind.

The driver was later found but it isn’t clear about the occupants.

More than likely the man behind the wheel will be facing some serious charges, possibly Possession with Intent to Deliver. Because of the amount of weed that was found, the charge could result in up to 7 years in prison and $500,000 in fines.

Although most marijuana cases aren’t this serious, this one is a good example that marijuana is considered illegal and although it is seen more commonly in the court systems it is still punished severely in situations like this.

For the casual marijuana user the typical charge is possession of marijuana, a misdemeanor. If this is the first time you have been in front of the court, your defense attorney may be able to get that charge conditionally discharged.

This means the Michigan courts are occasionally willing to give people a second chance, particularly when the charges are fairly minor.

A conditional discharge means that you will serve a period of probation before going to trial. If you complete the probation with no violations, the charges against you may be dropped.

When you are found on the wrong end of the law, the potential outcomes can be frightening. If you are facing marijuana, or any other drug charges, we can help. As defense attorneys, our job is to ensure that clients’ rights are protected throughout the criminal justice process.

Call us today to discuss the details of your case and how our attorneys may be able to help.

The entire month of October and the evening before Halloween, known as Devil’s Night, are notorious for record breaking incidences of vandalism and arson in the Detroit area. The twisted tradition is believed to have begun in the 1930s and survives to this day.

According to Wikipedia, the acts occurred on Devil’s Night began to get more serious in the 1970s when arsons became more common. According to this article from the Associated Press, 1984 marked the busiest Halloween season with 810 fires.

Mischievousness is not unusual this time of year as people use the dark holiday to cut loose and get a little wild. However criminal behavior like vandalism and arson are expected to be punished swiftly if the suspects can be caught.

The Associated Press reveals that more than 40,000 vacant properties stand ready for potential attack this month as the foreclosure crisis has increased those buildings that stand empty. Last year was a fairly mild one, in comparison, with only 136 fires.

While raising a little Cain on Halloween may be considered a good time, many people are dealing with the consequences of those actions long after the candy and costumes have been put away. Although vandalism is considered a fairly minor criminal charge, it can still place a permanent mark on your record.

Arson, however, is a far more serious offense, classified as a felony if you are accused of burning a home, even if the home is vacant.

It’s easy to get caught up in the tradition and the hype but the consequences are not a laughing matter. If you are facing charges of property damage, malicious destruction, or burning of property, you need a defense attorney on your side willing to go to bat for you.

Contact me today to discuss the details of your case.

photo credit: karpov the wrecked train

Cameras in police vehicles are there to protect citizens and more likely to provide protection to the city from unreasonable lawsuits. Seventy two of the nation’s police departments utilize cameras and Detroit should be one of them.

The cameras in DPD’s vehicles were installed in 2001 with the best of intentions but now offer little protection to anyone. The cameras work properly less than 17% of the time.

The initial cost for the cameras in 2001 was less than $1 million. The city hoped to save money by doing the installation themselves. Since 2001 and that home grown installation, however, over $18 million has been spent on the camera system.

As the Detroit News report reveals, only 37 of 212 squad cars were able to download video in an evaluation this past April. Of those, many had poor lighting or incorrect dating, making them less likely to be useful in a criminal or civil hearing.

When we are pulled over by police we would like to be able to know the cameras are recording every action so that when we go before a judge, what really happened is clearer. However, without working cameras, we are in a he said she said situation with the police versus the defendant.

If you are facing criminal charges and wonder if the police that arrested you were able to record the arrest, I can help you find out. We can look at the quality of the video and if it’s beneficial we can fight to have it suppressed in your case.

Not all police equipment is reliable. From breathalyzer tests to police cameras, every piece of high tech equipment has its faults.

Contact me today if you are seeking aggressive defense in your criminal case. Whether you are facing charges of felony assault or a misdemeanor crime, I want to help.

According to the Detroit News, Timothy Smith and Monica Kaufman each face up to 93 days in jail for two misdemeanor charges each. Both face malicious destruction of property and breaking and entering charges after what amounted to a serious house cleaning last weekend.

One rental in their Clawson neighborhood had been a source of stress for several months, bringing the police into the neighborhood on several occasions. The tenants, however, had a legal lease in effect until December, despite the home in question entering foreclosure.

The neighbors stated the home held up to 9 people at any given time that would come and go from windows. Fighting, loud music, and pit bulls were the basic complaints as it seems the home was a party house. While the police admit to making several appearances at the home, they state drugs were not a factor to their knowledge.

Last weekend the two neighbors entered the home through a window and emptied all of the contents. They then nailed the windows shut.

Malicious destruction of property is the most common property offense in our state. It applies when you willfully destroy the property of another. The penalty faced depends on the property in question. From the description of the charges in this case, the damage that the neighborly duo caused was likely valued at less than $200.

Charges of malicious destruction of property can be as serious as a felony, however, carrying a potential 10 years in prison and large fines.

It seems these neighbors weren’t likely thinking of the consequences of their actions when they performed this act of vigilante justice. Or, maybe they did but they considered the risk to be worth it.

Perhaps you find yourself in a similar situation. One where you committed an act that seemed rational at the time but now you face criminal charges for it. Whether you are looking at malicious destruction of property charges or theft charges, I may be able to help.

Contact me today to discuss the details of your case.

All from a distracted driver, who wasn’t speeding or impaired by alcohol or drugs.

The driver was originally charged with felony driving, a more serious form of reckless driving that indicates wanton and willful disregard for the safety of others on the road. A felony operation of a vehicle charge can result in up to 2 years in prison if found guilty.

The victim in this case was not interested in pushing for this serious charge, and the driver who hit him was ultimately convicted of a misdemeanor reckless driving offense, and did end up serving 6 days in jail. He also must complete community service that includes speaking to high school students about the dangers of driving while texting.

Michigan Driving While Texting Laws

Michigan does not currently have a specific law against driving while texting. Many states are adding civil penalties for texting, similar to a traffic citation for speeding or other infractions. And for serious incidents, if the texting is deems to be reckless, you can certainly be charged with a criminal reckless driving charge.

The US Department of Transportation is seriously considering requiring all states to ban and penalize texting and driving as a condition of receiving federal highway funds.

But no matter what the law, the danger of all distractions that take your eyes off the road: texting, playing with your GPS navigation, or any other device that distracts your attention from the act of driving, are real and dangerous.

Programs like the Michigan Youth ChalleNGe Academy, ran by the National Guard, is one program that seeks to assist kids that have been identified as exhibiting some of these risk factors. It gives them the tools to turn their lives around before it is too late, and best of all, it seems to work.

There are many programs like this across the country, boot-camp style youth academies designed to assist at risk youth. This particular one may be shut down due to lack of funding if things don’t change soon.

The State of Michigan contributes $1 million to the program’s annual funding; this money could be no-more if the Legislature chooses to save that $1 million and put it elsewhere.

Supporters of the program point out its 90% success rate. This article from the Kalamazoo Gazette states that 98% of the graduates from this program are never again involved with the law. This is a staggering number and one that should get the attention of parents, lawmakers, and the community.

Too often when teens like those in the ChalleNGe Academy exhibit signs of heading down the wrong path, no one is there to set them straight. Children raised in poverty, without proper role models, and lack of opportunities, or simply with behavioral problems often resort to crime.

Although 18 might be old enough to face adult criminal charges, it is not too late to get a life on the right track. Luckily for those already caught up in the courts, the Michigan courts have several options for young first time adult offenders.

If this is your first run in with the law and you are looking at drug charges, for instance, you could qualify for probation rather than spending any time in jail. Facing criminal charges is not something that should be done alone.

Call me today to discuss the options that are available to you as a first time or even a repeat offender. It would be my job as your attorney to ensure you get the most beneficial outcome in court.

Home improvement scams are more common than you might think and could involve the promise of a fixed driveway or a new roof. A contractor comes along, rings you doorbell and offers you a good deal on needed repairs. Sometimes the scam comes in the form of a deposit needed in advance before work begins. The deposit is paid and you never see your home improvements or the “contractor” again.

Fraud crimes against the elderly take many forms and may even be committed through the mail or over the phone. Giving out personal information to anyone you are unsure of should be done cautiously. They may turn around and use that information to gain access to your accounts or to open lines of credit.

Fraud offenses are often seen as a crime of opportunity. While some people may commit the crime because they need money, others do it because they don’t think they will get caught. Even offenses like passing bad checks can be considered a form of fraud.

In addition, credit card fraud and forgery are other white collar crimes that carry stiff penalties. While the elderly are often taken advantage of in offenses like this, healthy adults can often be taken in by scams.

If you are on the other side of things and are accused of committing an act of fraud, however, the outlook can be quite different. Perhaps you didn’t think what you were doing was wrong or you may have cut a few corners in a moment of desperation. You probably wish you could go back and undo what has already been done.

Whatever the case, I want to hear about it. I make it my business to represent each of my clients to the best of my ability, ensuring no possibilities are left unaddressed. Call me today to discuss your case and let’s work together to come up with a solution.

Probation and parole are both considered community supervision, programs that allow people convicted of a crime to serve all or part of their sentence while free in the community. Both of these systems use supervision by state employed officers to ensure that the convicted people stay within certain guidelines of their release.

Historically, parolees were something to fear and that attitude remains today as well. Nearly half of parolees will violate the terms of their supervision, according to this article from the Detroit Free Press. These violators often hurt the chances of other, well meaning and reformed inmates who should be granted release.

As with parole, probation is granted to those people whom judges think can abide by restrictions placed on them and refrain from additional criminal activity. Probation eases prison crowding and saves the state money. It also, when successful, keeps some convicted people from becoming institutionalized.

Probation is often granted to first time non-violent offenders. If you are convicted of OWI or drug possession, there is a good chance you will be put on probation. Although charges like this carry the potential of jail time, probation is often an alternative that works for everyone involved.

Both probation and parole terms are governed by restrictions or “conditions”. The conditions of your supervision may be directly related to your charge. For instance, if your charge was OWI, your probation may involve drug/alcohol counseling, random breath or urine tests, or being restricted from visiting bars.

If you are up against criminal charges and interested in what your potential sentence might be, I can help. Also, if you are wondering whether or not you might qualify for probation, I can look into that as well. Call me today to discuss the details of your case.