Michigan Criminal Defense Lawyer Blog

A statute on Michigan State's campus was the victim of "spirited" vandalism over the weekend, the university's police reported.

So far, no suspects have been reported in the crime, which is believed to have occurred last weekend. Early Saturday morning, campus police found the statue defaced with yellow and blue paint. The letter M is clearly visible on the abdomen portion of the figure.

The sculpture has reportedly been the subject of such incidents several times in years past. Officers state that students and fans of the University of Michigan have committed similar acts, but that these do not negate the criminal nature of the act. Charges have been brought in the past for defacement of the statute.

Continue reading "Michigan State Statue Victim of Vandalism" »

A man whose wife was killed by a handyman some 15 months ago, was formally charged last week for his alleged role in the crime. Bob Bashara was charged with first degree murder for allegedly forcing the handyman to carry out the crime. In addition to murder, he was also charged with solicitation to commit murder, conspiracy, and various other crimes. If convicted, he faces the possibility of life in prison without parole.

The handyman, Joseph Gentz, is currently serving a 17 year prison sentence after admitting he killed Jane Bashara. He pleaded guilty to second-degree murder and agreed to cooperate with authorities, maintaining all the while that he merely acted on the threats and orders of her husband.

"Bob Bashara offered me money to kill his wife," and that the husband threatened to kill him if he didn't do it. (A side note for readers, you'll notice the potential self-defense claim, but while an individual may be absolved for committing other crimes when their life is being threatened (robbery for example), killing another human being is not excusable under a self-defense claim.)

Bashara is currently in jail for his role in attempting to have Gentz killed while he was in county jail last year. His defense attorney stated that Bashara insists on his innocence.

The couple lived in an eastern suburb, and after the body was found in her Mercedes in a Detroit neighborhood, many miles from their home, the death immediately caused speculation that she was victimized by violent strangers.

Continue reading "Michigan Man Charged for Role in Murdering his Wife" »

Police announced earlier this month that they found two bodies, that of a man and a woman, amid the destruction at the site of a Detroit medical facility that was burned to the ground. According to reports, shots were fired shortly before the building was burned to the ground.

While authorities have not revealed the identity of the bodies, one woman believes the female body may be her daughter, who has been missing since the day of the blaze. The current theory behind the alleged crime, is that the young woman was taken hostage by the ex-maintenance man, with whom she had recently broke off a relationship, and that the man started the fire, which may have killed them both.

Detroit arson and crime scene unit investigators started sifting through the rubble of what used to be the Park Medical Plaza on Grand River and Virginia Park on Tuesday afternoon, when they recovered the bodies suspected to be the medical assistant involved in a troubled relationship with the facility's ex-maintenance man.

The woman had apparently gotten a protection order and taken other steps to protect herself from the man before the fire took place.

Continue reading "Detroit Police Find Two Bodies at Scene of Suspected Arson" »

Earlier this week, two police officers were shot during the course of pursuing a murder suspect. It began when the officers attempted to stop the vehicle, and quickly evolved into a high speed chase.

Witnesses report seeing an estimated eight police cars chasing the suspect's car, a silver Dodge Magnum. Police eventually boxed the car in, forcing it to crash into one of the police cruisers near Linwood and Hooker streets. The suspect then began shooting at the officers, in what quickly resulted in an eruption of gunfire.

The shootout resulted in the suspect's death and the wounding of two of the officers. One of the officers, a sergeant, was shot in the head. He is reportedly out of surgery but is in critical condition. The other officer, who was shot in the leg, has already been released from the hospital.

According to the Michigan Department of Corrections, the man who was killed was paroled last October after serving time for armed robbery and weapons charges. The passenger, who was arrested following the incident, is reportedly on probation for identity theft and a delivering and manufacturing of a controlled substance charge.

The officers serve on a joint federal, state and local anti-crime task force. The Comprehensive Violence Reduction Partnership is made up of Detroit police officers, Michigan State Police officers, Michigan Department of Corrections officers and U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives agents.

Continue reading "Detroit High Speed Chase Results in Shooting of 2 Officers and 1 Suspect's Death" »

Two men are facing a litany of charges in what Roseville police believe to be part of a large scale criminal theft ring, targeting cell phone stores, that is operating throughout southeastern Michigan. The men were arraigned earlier this week, and according to police are being charged with breaking and entering, assaulting a police officer, safe breaking, and possession of burglar tools. Both men entered not guilty pleas.

These charges arose out of an alleged break-in which took place around 7:30 in the morning on Sunday at the Radio Shack in the Eastgate Shopping Center. The store's alarm company first alerted the police that a potential break-in was in progress.

Police were informed the suspects had fled the scene, and were travelling eastbound on I-94 in two separate vehicles. They eventually apprehended two of the suspects, who were travelling in a Volkswagen. A search of the vehicle revealed nearly 50 cell phones and a cash drawer from the Radio Shack.

Police believe that two additional suspects, who were able to escape, were involved in the break-in, and are additionally part of the alleged crime ring. Police expect additional charges to be filed against the men, as their other crimes throughout the Detroit area are uncovered.

Police believe that the four men involved in the break-in, and potentially more, are involved in a sort of "smash and grab" scheme. So far, they believe the group may be responsible for crimes in Canton, Detroit, Livonia, Troy and Warren, which have occurred over the past several months. A police spokesman added that the list is also growing in terms of other potentially related incidents.

Continue reading "Two Detroit Area Men Believed to be Part of Crime Ring Face Numerous Theft Charges" »

Following up on statements made in his State of the City address last month, Detroit Mayor Dave Bing made a major announcement last week, stating that Detroit will collaborate with the region's top federal and state law enforcers to work on new ways to fight violent crime together.

The program, called Detroit One, will use rapid information sharing and collaboration by Detroit police with the U.S. Attorney's Office, the Michigan State Police, the FBI and the Bureau of Alcohol, Tobacco, Firearms and Explosives to target the worst offenders in Detroit. It is being modeled after a similar program that was successfully implemented in Washington D.C.

The program will work primarily by:

• Targeting chronic violent offenders. By sharing information and resources, the agencies hope more of these individuals will be arrested, and more quickly.


• Establish city wide investigations in order to track the movement of offenders.


• Assign prosecutors from the U.S. Attorney's Office to each Detroit police precinct, in order to give around the clock legal advice, approve search warrants and charging documents, and decide as a team whether state or federal charges would be most prudent.

Additionally, due to significant funding cuts to prosecutors in the Wayne County Prosecutor's Office, subject to this agreement, prosecutions of Detroit's violent offenders may be more likely to occur in federal court.

Continue reading "Mayor Announces Plan to Fight Crime: DETRO1T ONE " »

The Detroit Police Department said in a statement that they have a 24 year old man in custody in relation to a triple homicide carried out in a west side home last week. The police spokesperson said no additional information regarding the circumstances of the incident would be revealed at this time.

According to various sources, some sort of altercation took place last Wednesday, which ended with the man now in custody making statements to the effect that he would return to "kill them" (the resultant victims).

Witnesses stated that a mother and daughter had been squatting in a home that was supposed to be vacant. Neighbors called police after they heard shots fired shortly after 8 p.m. last Wednesday evening, but apparently officers never came in order to investigate.

The following morning, a friend went to the home and discovered three dead bodies, two women and one man. Apparently, there were also two young girls, ages 1 and 5, present at the time of the shootings, but they were not physically harmed. According to a friend who was present in the home just before the shooting took place, the mothers of the girls are the two women who were killed.

Continue reading "Detroit Police Make Arrest in Connection With Triple Homicide" »

It is being reportedthat Former Diane Hathaway, the Michigan Supreme Court justice who resigned in January, pleaded guilty to charges against her.

Hathaway is accused of engaging in various acts of fraud. The allegations include the attempted concealment of a Florida home that she and her husband conveyed to a relative so that the couple would be eligible to sell their Michigan home through a short sale, which required them to falsely, the allegations claim, assert financial hardship.

Through the use of short sales, homeowners are allowed to sell their homes for less tan the amount that is due on the mortgage. It provides a significant financial benefit to individuals who can no longer afford to pay the mortgage, but wish to avoid foreclosure. For this reason, short sales are supposed to be reserved to certain financial circumstances.

Government lawyers say that Hathaway, and perhaps her husband, transferred their Florida property to a relative, thus relieving themselves from technical ownership, so they could then demonstrate financial hardship, and enable themselves to sell their Michigan home, which carried a mortgage of an estimated $1.4 million. Such a conveyance is referred to as a strawman transaction, since when used fraudulently, it isn't intended to stand.

Continue reading "Former Michigan Supreme Court Judge Pleads Guilty to Fraud Charges" »

Earlier this month, the director of community and economic development for the city of Oak Park, Emily Doerr, was mugged at gunpoint outside the front of her home. It is believed that a lack of proper street lighting was a contributing factor to this crime, the matter that Doerr is recognized for for her efforts, and has caused an impassioned discussion regarding crime in Detroit.

Doerr herself wrote of the experience; that it has changed her perspective regarding public safety and her potential personal impact. She believes that if the streetlights were functioning in her neighborhood, she would have been able to supply law enforcement officials with important information, such as a potential description of her attacker, or even license plate information of the getaway vehicle.

A bold article on the matter, written by James David Dickson, sets forth what he claims are akin to the elephants in the room of addressing crime in Detroit.

"Some 386 people were killed by another person's hands within Detroit city limits in 2012; 16 percent of them weren't Detroiters ... 386 murders is a statistic. An act of violence committed against someone society has deemed important is a problem."

He reflects on the fact that less than two thirds of Detroit students graduate from high school, and the lack of potential opportunities in the future is daunting. In regards to the mugger in particular, the author states his hypothesis that the man probably didn't graduate from high school, or go much farther than that, and that he can't imagine a person would engage in such high risk behaviors if they believed that they had other options available.

Continue reading "Street Light Spurs Discussion About Crime in Detroit " »

Several Detroit area leaders were recently contacted by the FBI after the discovery of chilling information in the course of arresting an alleged neo-Nazi sympathizer, NBC reports.

The man arrested, Richard Schmidt, according to Ohio state records, is a convicted felon who reportedly spent thirteen years in prison for homicide arising out of a traffic stop incident in which he killed one man and wounded two others.

According to federal law, Schmidt is prohibited from owning or being in possession of any firearms. However, when FBI agents conducted the search last December, of his business and home, they found a total of eighteen weapons that included: more than 40,000 rounds of ammunition, 9 mm Ruger and Sig Sauer pistols, shotguns, AR-15 assault rifles, and high-capacity magazines.

While the initial cause of the investigation is unclear, Schmidt plead not guilty last month when he was indicted on four federal charges, which include possession of illegal weapons, body armor and ammunition.

A government official overseeing the investigation stated that they are currently unable to determine the manner in which Schmidt obtained the weapons. This has lead officials to believe that he probably bought them through private sales or at gun shows, where, according to current federal laws, no background checks or other security measures are required.

Continue reading "Detroit Area Leaders Warned Following Neo-Nazi Arrest" »

A judge ruled this week that trial will proceed for James Brown, the man charged with four counts of first-degree murder in connection with the murder of four women, three of whom he met on the website Backpage.com.

The charges arise out of events that occurred in December 2011, when four women in their 20s were found dead in car trunks in Detroit. The bodies were discovered on two separate occasions, with the victims found in pairs.

Earlier last year, 51 attorney generals called on Backpage.com's owner Village Voice Media to shut down the adult services part of its website. It has been reported that Backpage.com earns more than $25 million annually from so called "adult" ads, and has recently come under fire for its role in human trafficking. Similar websites such as craigslist have removed their adult services pages due to similar concerns.

Continue reading "Trial Set for Michigan Man in Adult Website Murder Case" »

This January, U.S. District Judge John Corbett O'Meara in Ann Arbor gave hope to several hundred juvenile offenders in the state, when he declared the retroactive application of a U.S. Supreme Court decision, which prohibits mandatory life sentences for crimes committed by juveniles. This ruling is particularly meaningful, because it overturns a prior decision by the state appeals court, which stated that retroactivity would not apply to most inmates already incarcerated.

"If there was ever a legal rule that should - as a matter of law and morality - be given retroactive effect, it is the rule announced in Miller," O'Meara said, referring to the Supreme Court decision in Miller v. Alabama. He stated that in his opinion, compliance with the Supreme Court decision, "requires providing a fair and meaningful possibility of parole to each and every Michigan prisoner who was sentenced to life for a crime committed as a juvenile."

The next most important step is for the manner in which the parole hearings will be held to be determined in accordance with input from the state attorney general and lawyers for inmates.

According to CBS Detroit, Michigan has the second highest number of juvenile lifers in the country, so this decision can potentially impact a great deal of young people.

Continue reading "Michigan District Court Ruling May Give Juveniles a Second Chance" »

Even though every person is entitled to the help of an attorney, from the moment an arrest takes place until the end of trial and/or the appeals process, many people may feel that they can proceed on their own. The criminal justice system is complex, and police and other government officials do not have your best interests at heart. A defense attorney's sole duty is to zealously represent you as their client, and secure the best potential outcome.

Many people might be surprised to learn the ways in which a criminal defense attorney can help your case. While it is true that in some cases the best outcome may be securing a decreased sentence or charge, that is literally almost the very least that can be done under certain circumstances.

For example, in some cases a defense attorney may be able to get you:

• Zero jail time
• Minimal probation
• Minimal fines
• No criminal record

Continue reading "Don't Do It Yourself: Benefits of Hiring a Farmington Hills Defense Attorney" »

The criminal justice system can seem scary and daunting, especially when you are the accused. Keep in mind, however, that according to the rules of our system, you are deemed innocent until proven guilty. With that in mind, I thought it would be helpful, and would perhaps ease some potential anxiety about the unknown, to explain the general way in which most DUI cases proceed from the period of arrest to arraignment, since it is typically during that time that people might be unable to secure the help of an experienced defense attorney.

It is important to remember, however, that your Fifth Amendment right to an attorney to be present during questioning is in addition to your right to have an attorney to represent you during trial. The right to have an attorney present during a custodial interrogation, or in other words when the police begin questioning you following an arrest, is the period of time which usually begins with the reading of the ever familiar Miranda rights, "You have the right to remain silent..."

In regards to the DUI (or OWI Operating While Intoxicated, as is it referred to in Michigan), first there will be the incident in which a person is pulled over, and a field sobriety test is administered. Next, assuming the driver does not pass the field sobriety test, an arrest will be made, and the person will be brought in.

At the police station, a breathalyzer test or blood test will be administered, if it wasn't already conducted in the field. The person will then be held until either their Blood Alcohol Content (BAC) is low enough for them to be legally released, in which case they will most likely be released on bail with further instructions regarding contact with the court, or until they can appear before a judge for their arraignment.

Continue reading "From Arrest to Arraignment: What to Expect in Your Farmington Hills Oakland County DUI Case" »

Operating while intoxicated (OWI) or operating while visibly impaired (OWVI) are both offenses for driving after using alcohol or drugs in Michigan.

OWI is an offense that can result from three different situations. It can be while operating a motor vehicle after consuming alcohol or drugs, which have impaired your ability to drive safely. Driving with a blood alcohol content (BAC) of .08 or greater will result in an OWI charge. Driving with a blood alcohol content of .17 or greater will result in "High BAC" charges with more severe fines and penalties attached.

OWVI charges arise when you are operating a motor vehicle while visibly impaired because of alcohol or drugs.

Operating a motor vehicle while visibly impaired because of drugs does not necessarily mean marijuana, cocaine or some other controlled substance. It can be something as innocent as taking a prescription medication for insomnia. The Food & Drug Administration (FDA) has just issued a warning to doctors about dosage guidelines for the popular sleep aid Ambien, especially for female patients.

The active ingredient for Ambien is zolpidem and it is also the primary ingredient for Edluar and Zolpimist.

Continue reading "Operating a Vehicle on Insomnia Medications May Be Illegal in Michigan" »