The man's mother, who was unaware that her son used her garage as a meth lab, was awoken to the explosion around 5 a.m. Her son was screaming in pain and she found him with badly burned hands. She said he appeared to have no skin left on the palms of his hands. The police would later find several of his fingernails near the explosion site. At the hospital, he was reported to be in stable condition.
]]> According to police, the hospital staff called authorities when the man informed them that his injuries were the result of a meth lab fire. Later, the police found common meth lab ingredients including cold medicine, camp fuel and batteries in the mother's garage and inside her house. According to man's mother, the police told her that given the ingredients they had located and the debris left behind at the scene of the fire, they believed her son was manufacturing meth for sale and had been doing so for a prolonged period of time.The prosecutor's office had yet to conduct a formal investigation or press charges. A conviction for manufacturing meth in Michigan can carry a 20-year prison sentence. Van Buren County has become a hotbed for meth manufacturing in the state of Michigan, so the man involved in the accident should begin contemplating his defense even before his injuries have time to heal.
Source: WOOD-TV, "Meth lab fire victim: I blew myself up," Ken Kolker, May 7, 2012
]]>As part of their agreement with the government, both men pled guilty to one count each of conspiracy to distribute 500 grams or more of powder cocaine, 29 grams or more of crack cocaine and 100 grams or more of heroin over a five-year period. Several other charges against the men were dismissed. After they are released from prison, the judge ordered federal supervision of both men for several years.
]]> Innocent men who are charged with serious crimes can face a media that presumes guilt when the court system is supposed to presume innocence. The presumption of innocence is especially important in high-profile drug cases. The consequences of trafficking cocaine and heroin are far-reaching. Not only is there a possibility of jail time but a drug conviction can also affect employment, education and several other aspects of one's life.Furthermore, Michigan is one of the worst states in the country for someone who is convicted of selling drugs such as cocaine. Because of the prevalence of cocaine in Michigan in the 1980s, several harsh laws were implemented. According to one source, "As of 2010, some defendants convicted of selling the drug in the 1980s still remain locked behind bars."
Even if someone is convicted of a drug crime in Michigan, like the two cousins mentioned earlier, that convicted person can appeal their conviction if they believe they were wrongly convicted or too harshly punished.
A convicted person cannot merely appeal because a jury found them guilty or because a judge imposed the maximum penalty available under law, however. There must have been an error in the original trial or post-conviction sentencing that prevented the convicted person from getting their fair day in court.
Source: Mlive.com, "Kalamazoo cousins sentenced to federal prison in drug-trafficking case," Rex Hall Jr., May 1, 2012
]]>In 2009, Walmart fired the Michigan cancer patient, who has an inoperable brain tumor, because he used medical marijuana outside of work hours in violation of company policy, but not Michigan law. The lower court dismissed the man's suit last year after deciding that although the law protects him from criminal charges, it does not prevent employers like Walmart from implementing and enforcing their employee drug policies. For the lower court, it did not matter that the cancer patient followed the law's guidelines by not using marijuana on the job.
]]> According to the cancer patient's lawyers, the 2008 Michigan Medical Marijuana Act protects their client and others like him from "disciplinary action by a business" for using medical marijuana. They say the lower court ignored this important provision in the law.Under Michigan law, people with a doctor-authorized medical marijuana card can possess a small amount of marijuana and grow marijuana plants.
However, for Michigan residents who are not protected by the Medical Marijuana Act, the possession of a small amount of marijuana is a misdemeanor that carries substantial penalties. For example, people convicted of possessing a small amount of marijuana can lose their driving privileges for up to six months. Cultivating, distributing or possessing a significant amount of marijuana, on the other hand, are considered felonies and carry even stricter penalties including jail time.
Source: MLive.com, "Report: Federal appeals court to hear case of Battle Creek Walmart employee fired for medical marijuana use," Yvonne Zipp, April 18, 2012
]]>According to prosecutors, the man used more than 20 dogs for fighting, which likely took place at two different homes located in Kalamazoo. One of the homes belongs to the man charged.
]]> An investigation of the alleged dog fighting operation began in 2011 when neighbors of the man called the police after three dogs at his home began fighting each other. They escaped from their chains and began attacking one another. Eventually, all three dogs died from injuries sustained in the fight.Afterwards, the police obtained warrants to search the homes at issue, but police did not find any additional dogs. Prosecutors say that evidence of the additional 20 dogs, believed to be purebred pit bulls, was located in a "paperwork trail on the Internet."
The police are still looking for an additional suspect, who faces the same felony charges plus six additional charges because of his potential involvement in an unrelated deadly April 2011 shooting.
Someone convicted of a felony charge usually faces substantial fines and incarceration. People who find themselves in this situation should not take the charges lightly. Having an attorney who can build a strong defense and spot the problems in a prosecutor's case is vital to protecting the freedom of someone charged with a felony crime. Nobody condones dog fighting or any other felony crimes. But, when authorities charge a person with these crimes, the defendant is entitled to have someone on their side to vigorously defend their rights.
Source: WOOD-TV, "Man faces felonies for dog fighting," Amanda Jarrett, April 13, 2012
]]>In another incident in late March, two men were suspected of manufacturing meth on an island located on the St. Joseph River. The police caught the men on a blue paddle boat heading downriver, and arrested them for possession of meth and for maintaining a meth lab.
]]> Around the same time, police in Buchanan Township found a meth lab inside the home of a person they were arresting on a misdemeanor warrant. The police say they noticed evidence of meth manufacturing outside the person's home. When they went inside the home, they found components and ingredients used to manufacture meth. The 37-year-old homeowner has been charged with operating and maintaining a meth lab.Police in southwest Michigan have been aggressive in their efforts to close down meth labs. In some rural areas like Van Buren, St. Joseph and Cass counties, people who purchase products associated with meth production are likely to get arrested or be investigated for manufacturing meth.
With a conviction for manufacturing or possessing meth ingredients carrying a potential sentence of 20 years, it is important for those charged with meth related crimes to explore all constitutional issues related to their case. This includes evaluating the police department's search and seizure to ensure it complied with the law.
Source: Kalamazoo Gazette, "Trina L. Peake, 25, charged with murder in Kalamazoo Township stabbing," Joe Stando, March 30, 2012
]]>The man was pulled over as he drove on West Kalamazoo Street in the early morning hours on a recent weekend. Police arrested the man after allegedly finding two grams of marijuana and after the man failed field sobriety tests.
]]> People from all walks of life can find themselves faced with charges of drinking and driving or operating while impaired. The consequences of an OWI can be severe and could include jail, probation, license restrictions, suspensions and revocations, fines, costs and additional fees imposed by the Secretary of State.A person charged with an OWI may be able to challenge the constitutionality of the arresting officer's actions. For example, the officer may not have had probable cause for the arrest, or the officer might not have correctly administered field sobriety tests.
When a person's driver's license is revoked because of an OWI conviction, that person bears the burden of proving that police acted improperly. Michigan residents in this situation should consider consulting an advocate who understands the impact of an OWI conviction and the license revocation and restoration process.
Such an advocate could assist a person convicted of an OWI to avoid a criminal record, avoid jail, or otherwise minimize the impact of the conviction. This includes fighting for their driving privileges in the Secretary of State's license hearing.
Source: Kalamazoo Gazette, "South Haven man arrested on drunken driving, marijuana charges in Bloomingdale," Ed Finnerty, April 1, 2012
]]>The 21-year-old driver of the vehicle faces several charges, including fleeing and eluding police in a motor vehicle, possession with intent to deliver marijuana and possession of drug equipment. The 23-year-old passenger also faces a charge of intent to deliver marijuana. The men's vehicle, cash and other property were seized by the police under Michigan's drug forfeiture laws.
]]> Michigan law does permit people with an authorized medical marijuana card to have small amounts of marijuana and to grow a few plants. For everyone else, the possession of marijuana is a misdemeanor, but conviction on possession charges can lead to a temporary loss of driving privileges. A misdemeanor conviction could also rule out some college and employment opportunities.On the other hand, cultivating or distributing marijuana are felony crimes and can result in jail time, even for a first offense. Even a small number of unauthorized marijuana plants can be treated by the courts as a felony; merely giving a joint to a friend can be regarded as distribution, regardless of whether any money changed hands or not.
Source: mlive.com, "Two men arrested after leading police on high speed chase in Van Buren County," Anthony Smigiel, March 17, 2012
]]>In 2008, the suspect's 22-year-old cousin was charged with and convicted of the same man's murder and is currently serving a life sentence without the possibility of parole. Prosecutors believe that the recently arrested 24-year-old suspect may have taken part in the murder with his cousin. His request for a bond this week was denied.
]]> Given that the suspect's freedom is on the line, it is expected that he will provide a vigorous defense to the murder charges against him. At this point, it is unknown what evidence prosecutors have to support their case. The evidentiary hearing scheduled for April 3.Because the defendant has been arraigned on charges of a felony crime, he will have an opportunity to present evidence to support his case, set forth arguments to suppress the state's evidence and to provide reasons for having the case dismissed entirely. In every case, the state has the burden of proving the defendant committed the crime. Criminal defendants are innocent until proven guilty.
It is vital that that the procedural and factual circumstances involved in a criminal defendant's case are scrutinized by an experienced advocate to ensure that the defendant is treated fairly.
Source: MLive.com, "Suspect in 2007 slaying at Kalamazoo Laundromat arraigned on murder charge," Rex Hall Jr., March 20, 2012
]]>The 29-year-old Kalamazoo man, who was waiting in the garage while the arrests took place, asked police to retrieve his jacket from his truck. When they did, police say a plastic container fell out of his jacket pocket. According to detectives, it was filled with three baggies that contained 2.9 grams of methamphetamine.
]]> That led the police to conduct a more thorough search of the inside of the home. In it they say they found paraphernalia and syringes used to consume meth. In the garage the sheriff's office says detectives located garbage bags filled with items traditionally used in the manufacturing of methamphetamines.After the police investigation is complete, the county prosecutor will review the report. Police are seeking charges of possession and manufacture of meth against the 29-year-old Kalamazoo man.
There have been seven meth-related busts so far in 2012 in Kalamazoo County. Since 2004, there have been a total of 679 meth-related busts in the county; the most in one year occurred in 2009, with 154 meth busts.
Manufacturing of methamphetamines can be charged as a felony that carries 20 years in prison. People who suffer from addiction to meth may make poor choices and in addition to a legal defense, law firms and other important resources can help assist people in the path to recovery from addiction.
Source: Kalamazoo Gazette, "Meth bust in Bangor yields active labs, supplies and arrests, police say," Rosemary Parker, March 8, 2012
]]>Michigan enacted its "super drunk" law in 2010. The law added a new definition of drunk driving to the Michigan Vehicle Code. Although the threshold for drunk driving starts at .08 blood alcohol content in Michigan, under the new law, drivers who have a blood alcohol content of .17 or more are subject to enhanced punitive and license sanctions and will be required to undergo one year of self-help or alcohol rehabilitation.
]]> This new law severely increases the level of punishment for many convicted of drinking and driving in the state. According to the Michigan Bar Journal, the one-year rehabilitation period is the lengthiest requirement of its type ever mandated for anyone convicted of drunk driving. Under prior law, even those convicted of felony drunk driving were not required to complete one year of treatment.Several other provisions in the law add to the penalties applicable to those convicted under it, including an increase in potential fine and an increase in potential jail time. In addition, the "super drunk" law provides for enhanced penalties for second offense drivers who attempt to operate a vehicle equipped with a court-ordered breath interlock device with a blood alcohol of .025 or more.
Source: Annarbor.com, "'Super drunk' driver arrested with gun after hit-and-run crash," Kyle Feldscher, March 7, 2012
]]>After the man posted bail for his February arrest, the lab results came back. The lab alleged that the drugs included amphetamines, cocaine, marijuana and illegal designer drugs like spice and bath salts. However, police said they didn't know if the man sold or manufactured drugs in his store. According to the man's attorney, the shop owner was transporting the drugs home because of a recent law that made certain designer drugs illegal to sell. The attorney also pointed out that when he was pulled over, he gave the police permission to search his car.
]]> In all, the smoke shop owner faces eight drug-related charges. However, like anybody accused of a crime, he is innocent until proven guilty. His preliminary hearing is scheduled for the first week of March. Like many people charged with drug-related crimes, the man may choose to challenge the circumstances of the investigation, arrest, search and seizure. After all, conviction on drug charges can have far-reaching consequences. Not only can they result in jail time, but they can affect employment, education and many other areas of one's life.Source: WOOD-TV, "Smoke shop owner facing drug charges," Crystal Hilliard, Feb. 29, 2012
]]>Based on that alone, and the fact that marijuana growing operations are known to exist in the part of California where the men's trip originated, Homeland Security and Customs agents in Detroit became suspicious and searched the plane, where they found the marijuana. Now the two men face several years in prison for drug delivery.
]]> The Fourth Amendment to the U.S. Constitution guards against unreasonable searches by state and federal agencies. The Fourth Amendment is interpreted as a protection against an unreasonable search of private property by law enforcement without a warrant that is grounded in probable cause. Probable cause requires the officer have a reasonable belief that a person has committed a crime.Evidence that is obtained in violation of the Fourth Amendment is deemed inadmissible in court, including in a criminal prosecution. This ensures that law enforcement is held accountable for overstepping its intended power.
Whether this evidence will be excluded is an open question. The plane originated from Lincoln, California, which has become a hotbed for marijuana growing. The pair, who are residents of New York, had made multiple trips between California and Michigan, and personnel at smaller airports have been on the lookout recently for potentially suspicious activity regarding drug smuggling. Someone noticed the plane's history of trips and alerted Customs and Homeland Security officials, who searched the plane after it arrived.
Source: clickondetroit.com, "Large marijuana operation foiled at Michigan airport," Feb. 22, 2012
]]>The 41-year-old dealer actually sold the drugs to a third person who supplied the heroin to the teenager. That person faces sentencing of his own next month on an identical charge. The dealer sentenced this week received 20 years for one count of felony distribution of heroin resulting in the death of the 17-year-old -- the same crime the other man pleaded guilty to.
]]> The dealer was originally charged with three other felony charges: two counts of possession with intent to distribute heroin, as well as one count of distribution to a minor resulting in death. However, prosecutors agreed to drop those charges as part of a plea agreement the man reached. At the conclusion of his 20-year federal sentence, the man will be also subject to five years of federal supervision.This case shows the complexity and severity of federal drug laws. These cases are prosecuted severely and the possible sentences are stiff. The man who was sentenced this week did not supply the drugs directly to the teenager who overdosed. In fact, the other man to whom the drugs were sold may not have sold the heroin to the teenager either. The requirements for the charge are fluid enough that several people up the distribution might be charged and convicted, as happened here.
Source: MLive.com, "Kalamazoo drug dealer sentenced to 20 years in federal prison for teen's heroin-overdose death," Rex Hall Jr., Feb. 21, 2012
]]>The busts, which took place as officers from the Kalamazoo Department of Public Safety SWAT Team and the Kalamazoo Valley Enforcement Team executed three search warrants, resulted in the recovery of about $67,000 worth of crack cocaine, powder cocaine, heroin and marijuana.
]]> One of the warrants resulted in the arrest of a 38-year-old man on charges of intent to deliver crack and powder cocaine. At another location in Kalamazoo, a different 38-year-old man was charged with possession with intent to deliver marijuana, possession with intent to deliver heroin and weapons offenses.Officers at that location also encountered an unlicensed, aggressive pit bull when they arrived to execute the warrant. In self-defense, one of the officers shot the dog, which then retreated into the basement of the residence. It was later collected by animal control officers.
People in Michigan who are facing drug charges often cannot defend themselves against the charges on their own. The advice of an experienced drug crimes attorney can be an invaluable resource to help with the defense of someone who faces serious charges. An attorney may be able to question the circumstances of an arrest or the methods by which evidence is obtained.
Source: WOOD-TV, "$67K drugs seized in Kalamazoo busts," Feb. 3, 2012
]]>The incident occurred last week inside the ramp at the Radisson Plaza Hotel and Suites. According to an official from the Kalamazoo Department of Public Safety, the 26-year-old driver told police officers that he had consumed 20 beers. The man said he was depressed and wanted to kill himself, the official said. The man's case was not scheduled for review until next month because he was in the hospital.
]]> As a result of the incident, the man was charged with operating while intoxicated as well as operating with a high blood alcohol content. This second charge, known as "super drunk driving," comes into play when a driver allegedly is tested with a blood alcohol level of over 0.17. According to authorities, the man registered a blood alcohol level of over 0.20. This means that, should he be convicted or plead guilty, the driver would be subjected to mandatory alcohol treatment plus enhanced jail time and more severe fines.While these certainly are serious charges, the driver in this case will have an opportunity to defend himself. Facts that have emerged about the case, such as the fact that the man allegedly told police that he was depressed, may help his defense, along with the input of an experienced drunk driving defense attorney.
Source: WOODTV.com, "'Super drunk' driver hits 8 cars," Feb. 3, 2012
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