Recent Posts in Criminal Law Category

In Michigan, 18 year old Kyle Lee Vinson of Marine City was arraigned this week.  Vinson was charged with receiving stolen property and theft of services this past weekend.

According to local police, Vinson called Herring Motor Co. of Somerset Township because he was stranded on the Pennsylvania turnpike.  When an employee from the company arrived to help, Vinson said that he did not have the $90 owed for services that were performed.  He was also without identification.

At first, Vinson claimed that he was his stepfather, Kyle Lee Schram.  It was later discovered that the vehicle Vison was driving was owned by Schram and reported as stolen on June 15^th.

At this time, Vinson remains in Somerset County Jail in lieu of $15,000 bail.  His hearing has been scheduled for a later date.

Have you been charged with a serious theft crime, such as auto theft?  If so, it is imperative that you obtain the services of a Michigan criminal defense lawyer.  Contact Freedman & Freedman to speak with a criminal defense attorney today!

In Ann Arbor, police say that they are still looking for the individuals who caused a series of fires.  It has been more than five weeks since fires have been set. 

At this time, police say that they do not have any suspects for the arson cases, which started in the beginning of 2010 and included several trash and car fires.  All of the fires occurred near student housing areas by the University of Michigan's Central Campus.

Recently, a spokesperson the University's Public Safety department said that that last fires occurred on April 17^th, when fours cars were set on fire within a 20 minute time span.   Days after the last round of fires, police announced that they had assembled a task force to investigate the arson cases.

Despite ongoing investigations, police say that they have no leads.  They are also still waiting on results from the crime laboratory for a house fire that occurred on April 3^rd.  That incident led to the tragic death of a 22 year University student.  At this time, a $5,000 reward is being offered to anyone who has information about the fires or who may have started the fires.

If you have been charged with a major crime, like arson, now is the time to discuss your options with a Michigan criminal defense lawyer.  Contact Freedman & Freedman today to get the defense you need.

This week, the owner of an Ingham County "pot club" is facing several criminal charges after his club was raided by police this week.

Officers from the Michigan State Police raided the club, known as "Green Leaf Smoker's Club", earlier this week.  Now, the club's owner Wayne Dagit is facing criminal charges, including three counts of delivery of marijuana, one count of maintaining a drug house and one count of possession of marijuana.  Three of the offenses are felonies in the state of Michigan.  The first offense alone carries a sentence of 15 years if Dagit is convicted.

Police say that Dagit has a criminal history as he was convicted for burglary in 1993 in the state of Illinois.  They also report that Dagit opened his club back in February and had 100 people join within the first few weeks of operation.

Have you been charged with drug crimes?  If so, it is important that you speak with a Michigan criminal defense lawyer from Freedman & Freedman.  We have immense experience helping those who have been charged with misdemeanor and felony drug offenses.  Contact our law office today!

In Flint, Michigan, a woman and her son called police and told them that the son had been kidnapped this past Monday.  Law enforcement said that the kidnapping may have occurred because the son and his brothers stole marijuana from nearby drug dealers.

When speaking with police, the son said that he had been walking when two strangers began to chase him.  Once the two males caught up with him, they forced him into the back of a small, black vehicle.  Police say the incident took place during the evening hours.

Once the victim was secured in the vehicle, the two males drove him to an area near Flushing and Dupont Street.  They then pulled him from the back of the care and proceeded to beat his face.  After hitting the victim several times, the two males ran away.

The mother told police that she believes the incident occurred because of the drug theft and that she fears for her sons' lives.

If you have committed a criminal offense in Michigan, such as a theft crime or kidnapping, you should speak with a Michigan criminal defense attorney at the Law Offices of Freedman & Freedman as soon as possible. Contact us today to discuss your case and defense strategy.

Under a new ordinance recently adopted by the city of Gibraltar, people convicted of driving under the influence of drugs or alcohol could be forced to reimburse the city for money spent on the incident.

The money obtained under the ordinance would be used to help the city recuperate some of the losses it incurs from alcohol and drug related emergencies. These losses include costs for paying police officers and firefighters their normal wages, as well as overtime wages, and the cost of medical supplies and court personnel.

The ordinance, which affects drivers of cars, boats and snowmobiles, was unanimously adopted by the city council on March 22.

Drunk Driving Attorneys Serving Wayne County, MI

If you are interested in learning more about the drunk driving laws in Gibraltar or any other city in Wayne County, please do not hesitate to contact a Michigan DUI defense lawyer at the Law Offices of Freedman & Freedman. If you were arrested for a drunk driving, not only will you be subjected to court fines and legal fees, but you could also lose your driver's license and end up in jail. Let an attorney at our office help you fight your charges at both the DMV hearing and in criminal court. With more than 30 years of combined experience, we believe we have the knowledge, resources, and legal savvy to provide you with the strong and effective defense you need to increase your overall chances of beating your charges.

Contact the Law Offices of Freedman & Freedman today to arrange an appointment to discuss your DUI or OWI case.

There are times when a person may be able to set aside a criminal conviction as if he or she had never been accused of the crime. This process is referred to as an expungement. Not all convictions are eligible for expungement, so it’s best to consult with an attorney before taking any type of legal action. In the state of Michigan, you may be able to have your record expunged if you meet the following criteria:

• You are a first-time offender, and

• You were not convicted of a serious felony, sex crime, or traffic offense, and

• At least five years have passed since you completed a prison sentence

If you meet these requirements, you should contact an experienced Michigan criminal defense attorney at the Law Offices of Freedman & Freedman.  Once a record has been expunged, it will be as if the conviction was erased from your record. Any time you apply for a job, fill out a rental application, or apply for a new credit card or loan, you will no longer have to answer “yes” where it asks “have you ever been convicted of a crime?” It should be mentioned that certain professions, such as a law enforcement or government position, will be able to see that your conviction was set aside through expungement.  And should you be charged with another crime in the future, the conviction can still be used against you in future cases.

Expungements have given many people a second chance in life. If you are interested in learning more about expunging or sealing your criminal record, please contact the Law Offices of Freedman & Freedman today to discuss your case!

Have you been arrested or charged with a crime in Wayne or Oakland County, Michigan?  If so, it is important to have an idea of what you will face in the weeks and months ahead. 

The criminal process essentially begins the moment you are arrested, although sometimes an arrest does not amount to charges and prosecution.  If you are placed under arrest it is because the police have probable cause to believe that you committed a crime or that you were somehow involved in the commission of a crime.

After you are arrested you will be taken back to the police station and booked on criminal charges.  During the booking process you will be photographed, fingerprinted, searched, and asked a few questions.  It is important to remember that you can refrain from answering any questions until you have spoken with an attorney or your attorney is present.  If you cannot afford to hire an attorney, the state will appoint a public defender to your case.  However, there are benefits to hiring a private attorney.  To learn why, please visit our blog, “Hiring a Criminal Defense Attorney Versus a Public Defender.”

After you have been booked, the district attorney prosecuting the case can either continue with the case or drop the charges.  If the charges are dropped your case ends there.  If the prosecutor files charges, you will be scheduled to appear at an arraignment, which usually occurs within 72 hours of your arrest.  At the arraignment you will enter a plea of guilty, not guilty, or no contest.  If you plead guilty or no contest, the judge will impose a sentence then and there.  If you plead not guilty, the judge will schedule your next court appearance, as your case is now set for trial.  During the arraignment the judge will also set bail, refuse to set bail, or release you on your recognizance.

If you and your attorney do not reach a plea agreement with the prosecuting attorney, your case will move to trial.  A plea agreement is basically an arrangement made by the prosecutor and the defense attorney where the defendant agrees to plead guilty in exchange for a lesser sentence or reduced penalties. During a trial, your case is heard before a judge and jury, and after reviewing evidence and testimony submitted by both the defense and the prosecution, the jury will determine whether you are guilty or not guilty of the charges.  In some cases, you might be able to request a bench trial, which means your case is only heard before a judge.

Should the jury find you not guilty, your case is dismissed and you are free to go about living your life.  If you are found guilty of the charges, the judge will then impose a sentence based on the crime.  You might be able to appeal the conviction as well.

When people are arrested for a crime, often times they are not familiar with their legal rights.  It is important for everyone to have an idea of what their legal and constitutional rights entail.  Although one never anticipates getting arrested, knowing your rights will be beneficial should you get arrested in the future.

The following is a list of some of your legal and constitutional rights:

• You have the right against unlawful searches and seizures.  This means that in order for the police to search you or your property, they must have a valid search warrant or probable cause. 
• You have the right to remain silent.  The gives you the right to refrain from speaking to the police or answering their questions until you have had the chance to speak with an attorney.  This right is especially important to take advantage of, as anything you say can be used against you in court.
• You have the right to an attorney.  All people charged with a crime have the right to an attorney.  If you cannot afford to hire a private criminal defense attorney, the state will appoint a public defender to your case.  You do have the option of representing yourself, however, this is not advisable.
• You have the right to be read your Miranda rights.  Once you are in police custody, you must be read your Miranda rights before you are interrogated.  These rights include:
  • The right to remain silent
  • The right to have an attorney present during questioning
  • The right to have an attorney appointed to you if you are unable to afford one
• You have the right to a speedy trial under the 6^th Amendment.  The 6^th Amendment states that you have the right to have a trial within a certain time frame after being charged with a crime, usually 180 days.  However, you can have this waived if your attorney needs more time to prepare your defense.
• You have several rights under the 5^th Amendment:
  • You have the right to remain silent in a criminal proceeding, if testifying would result in self incrimination (pleading the fifth).
  • You have the right to a grand jury.
  • You have the right not to be tried twice for the same crime (double jeopardy).
  • You have the right to due process

At the Law Offices of Freedman & Freedman, we are committed to helping clients throughout Wayne and Oakland Counties appeal their criminal convictions.

While not all people will qualify for an appeal, there are many circumstances that may warrant asking the court to reconsider the verdict.  Basically, if a legal error or mistake was made that was significant enough to impact the outcome of the case, an appeal should be sought.  Some circumstances that may warrant an appeal include:

• Your constitutional rights were violated
• Important evidence was excluded
• Evidence that was deemed inadmissible was allowed to be included
• Lack of sufficient evidence to support a guilty verdict
• New evidence has surfaced that may exonerate you
• The jury was given incorrect instructions by the judge
• Juror misconduct
• Lawyer/attorney malpractice

Experienced Criminal Appeals Attorneys Serving Wayne & Oakland Counties

If you are interested in appealing a criminal conviction, it is important to contact an attorney as soon as possible, as you only have 42 days from the date of judgment to file your appeal.  Furthermore, the attorney you hire must be well-versed in criminal appellate law, as the appeals process can be difficult. At the Law Offices of Freedman & Freedman, you can depend on a skilled Michigan criminal appeals lawyer to thoroughly review your original case files and conduct an investigation in an effort to uncover evidence that convinces the appeals court to hear your case. 

The best way to learn more about filing a criminal appeal is by scheduling a consultation with an experienced Michigan criminal appeals attorney at our office.  To schedule your consultation, please fill out a free case evaluation or contact the office today at (877) 858-5297!