Michigan Criminal Lawyer Blog

In Michigan, the offense of embezzlement is a crime of opportunity which is committed by someone who is in a position of trust (such as a cashier or teller) or in a special position to care for the property of another (accountant). The recession has caused financial hardship for many of our clients in Oakland County and Macomb County. The housing crisis, stock market decline and bleak employment situation hit many people at a time when they were funding retirement plans and college educations. After 2007, embezzlement crimes soared in the United States. Unfortunately, desperation, poverty, drug use and opportunity are causes why otherwise law abiding people break the law to make ends meet.

Embezzlement: Wikipedia defines embezzlement as the act of dishonestly appropriating or secreting assets by one to whom such assets have been entrusted. The crime of embezzlement is a felony in Michigan which can carry 5 years in prison and a fine in the amount of $10,000.00 or 3 times the value of property embezzled, whichever is greater, if the amount of property embezzled is at least $1,000.00 but less than $20,000.00. If the amount of property embezzled is under $1,000.00, the crime of embezzlement can be prosecuted as a misdemeanor.

Embezzlement is the charge when property or cash is taken during the course of employment. I can say that most of the clients that are charged with embezzlement do not have any criminal history and made bad decisions while under financial stress, depression, or other hardship such as a divorce or death of a loved one. As Macomb County criminal defense lawyers, we attempt to identify the underlying cause or reason for the embezzlement and make recommendations accordingly which may include counseling or substance abuse rehabilitation.

Certain offenders may qualify to have a felony embezzlement charge reduced to a misdemeanor in Macomb County. If the offender is eligible for HYTA (age 17 to 21), we are often able to have the charge dismissed upon compliance after a period of probation. All embezzlement cases will require repayment of the embezzled property or restitution as part of any plea bargaining. Plea bargaining embezzlement cases is sensitive because the victim is usually someone who feels betrayed by someone who was once trusted.

Fleeing and eluding or resisting and obstructing the police are felony offenses in Michigan. The crux of these offenses is to discourage conduct that would endanger the public and police who are engaged in the lawful performance of their duties such as pulling over a motor vehicle or effectuating a lawful arrest. Our firm has seen an increase in fleeing and eluding cases, as well as resisting and obstructing cases, in Macomb and Oakland Counties. I attribute a lot these cases to situations where the offender is afraid or acting on an impulse due to alcohol or drug use. Other cases involve offenders who have something to hide, have a pending warrant, have drugs in their possession or are driving on suspended license (DWLS) or under the influence (DUI).

Fleeing and Eluding: Pursuant to Michigan Law, the typical fleeing and eluding offense involves a person who fails to pull over and stop his or her motor vehicle after being signaled to do so. At a minimum, the person in this situation can be charged with fleeing and eluding fourth degree which can carry up to 2 years in prison. See ">Macomb Daily Article, Clinton Township Man arrested for trying to flee police, beer and pot found in car. the offense of fleeing and eluding can carry several years in prison if an accident, injury or death occurs.

Resisting and Obstructing: This offense can be charged when an individual assaults, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties. Resisting and obstructing is a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both. The penalties are enhanced if an injury or death occurs.

If you ever get pulled over or arrested, it is best to cooperate. By cooperate, I mean that you should be polite and provide your identification upon request. You should never abscond or attempt to argue or fight with the law enforcement officer. The officer may ask for you to make a statement. Pursuant to the 5th Amendment (right to remain silent), we recommend that you should kindly advise the officer that you do not want to make any statement without first speaking with a lawyer.

In addition to the above, you are required by law to disclose your CCW permit upon being pulled over by the police. The police really get freaked out when they discover that they were questioning someone who has a firearm in his or her possession. The best way to protect yourself in this scenario is to produce your driver's license and your permit to carry a weapon and say, "officer, I have a permit to carry a firearm and I have a gun in my vehicle or on my person."

It is always better from a criminal defense attorney point of view when the police report says that the offender was cooperative.

The stigma and embarrassment associated with a conviction for indecent exposure or gross indecency can last a lifetime. A fair number of the indecent exposure and gross indecency cases that our firm has handled in Macomb and Oakland County involve youthful offenders who engage in some type of sexual activity in a public place after consuming alcohol. Sunbathing in the nude or exposing a private body part can qualify as a criminal indecent exposure offense. Yet there are many cases which I like to qualify as misunderstandings because the exposure was unintentional or under circumstances where the offender had a reasonable expectation of privacy.

While most indecent exposure offenses are prosecuted as misdemeanors in Michigan, the offense of gross indecency is a felony punishable by up to five (5) years in prison. Under certain circumstances, indecent exposure or gross indecency can be punished as a felony in Michigan which can carry a maximum term of life in prison if committed by someone who is classified as a sexually delinquent person. Any person charged with offense of indecent exposure or gross indecency should not hesitate to retain legal representation.

Michigan's Indecent Exposure statute(MCL 750.335a) provides:
1. A person shall not knowingly make any open or indecent exposure of his or her person or of the person of another.
2. A person who violates subsection (1) is guilty of a crime, as follows:
a. Except as provided in subdivision (b) or (c), the person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.00, or both.
b. If the person was fondling his or her genitals, pubic area, buttocks, or, if the person is female, breasts, while violating subsection (1), the person is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.
c. If the person was at the time of the violation a sexually delinquent person, the violation is punishable by imprisonment for an indeterminate term, the minimum of which is 1 day and the maximum of which is life.

The term "sexually delinquent person", shall mean any person whose sexual behavior is characterized by repetitive or compulsive acts which indicate a disregard of consequences or the recognized rights of others, or by the use of force upon another person in attempting sex relations of either a heterosexual or homosexual nature, or by the commission of sexual aggressions against children under the age of 16.

The goal of our firm when retained by someone who is charged with indecent exposure or gross indecency is to avoid a conviction under these statutes.

In the second part of our "Offenses on Campus" series (see Part 1 about MIPs) we will briefly discuss two prevalent offenses that occur in East Lansing, disorderly conduct and possession of marijuana. With Welcome Week starting the town is seeing a large influx of visitors as families are moving their children in and friends are visiting students. Especially early on in the year there tends to be a spike in parties and with parties students, residents, and visitors often find themselves on the wrong end of the law.

- Disorderly Conduct

A wide array of behavior will fit Michigan's law for a disorderly person. Most relevantly, disorderly conduct may be charged where;

- a person who is intoxicated in a public place and who is either endangering directly the safety of another person or of property or is acting in a manner that causes a public disturbance;
- a person who is engaged in indecent or obscene conduct in a public place;
- and/or a person who is found jostling or roughly crowding people unnecessarily in a public place.

This crime is a misdemeanor, punishable by up to 90 days in prison and/or a fine of $500.00. For whatever reason, there is the often the notion that a disorderly conduct is only a civil infraction or is of the same consequence as a parking ticket. THIS IS NOT THE CASE. As discussed in our previous post, having misdemeanors your record can haunt you for years to come. Employers, graduate school admission boards, and professional licensing bureaus are all concerned with applicants' criminal records.

A disorderly conduct charge is very manageable. Our firm always fights to preserve our client's record, reduce any terms of probation, and avoid jail time. First time offenders may be eligible for either MCL 771.1 or HYTA- provisions of law which will keep the conviction off their record.

- Possession of Marijuana

Marijuana is a prevalent substance on many college campuses. Widespread social acceptance, however, doesn't change the fact that in most circumstances possession of marijuana is still a crime. In Michigan, first time offenders can face up to a year in jail for possessing marijuana. Nonetheless, these cases are manageable. For youthful offenders or first time offenders our office can typically secure an arrangement whereby the charges will not show up on the client's record. The provisions of law this may be achieved by are HYTA and what is commonly referred to as a 7411. Further, there are sometimes medical marijuana defenses available in these cases. As stated above, having a drug crime on your record can be difficult to explain when applying for a job or a seat in graduate school.

With fall quickly approaching many students are bracing for their return to college. Many college age students from Macomb County attend MSU. The University in recent years has seen an enhanced police presence both on and off campus. The combination of football Saturdays, a sizable off campus student population, and a large density of bars makes for many arrests every weekend in East Lansing. While for some an offense such as an MIP may seem trivial or the "norm", it is warned that all students and East Lansing residents charged with MIP's deal with these charges. Though not immediately apparent, a misdemeanor can have far-reaching repercussions. Having an MIP on one's record can impact on the following;

- Permanent criminal record;
- Eligibility for student loans;
- Eligibility for home loans;
- Eligibility for auto loans;
- Graduate school admissions;
- Employment applications;
- and professional licensing.

Any graduate student or freshly minted professional will be able to tell you the paramount importance of keeping a clean criminal record. Having convictions on one's record often puts applicants for schools / employment in the terrible position of having to disclose and explain or risk failing to disclose and getting caught. Avoid these problems in the first place and attack an MIP or minor criminal charge head-on. Record preservation is of vital significance for college students, especially when considering a competitive marketplace for jobs and graduate school seats. Too often students summarily plead guilty to misdemeanor offenses under the mistaken assumption that they are akin to a civil infraction or a parking violation. This is not the case, MIP's are a criminal offense. Thus it is directed that any student being charged with such an offense engage the services of a lawyer.

What then should MSU students and East Lansing residents being charged with a misdemeanor expect during the course of their case? East Lansing cases are disposed of in the 54-B District Court. The Court is located on Linden street (by the 711 and Grove Parking garage) and is presided over by the Honorable Judges Richard D. Ball (Chief Judge) and David L. Jordon. If being arraigned it is very important to plead not guilty. By doing this the case will be set for a pretrial conference where your attorney may be able to negotiate a deferral, more on that below.

With the assistance of counsel, those charged with MIPs can often get the charges off their criminal record pursuant to MCL 436.1703. Sometimes called a deferral, a delayed sentence, or an "under advisement" the result is that the charges will be dismissed upon compliance of the Court's probationary terms. With the charges dismissed students can say that they have never been convicted of an MIP, as it will not show up on their public record.

Click to see Part 2 of the "Offenses on Campus" Series regarding disorderly conduct and possession of marijuana...

In Michigan, retail fraud, more commonly referred to as shoplifting, is an aggressively prosecuted and pervasive offense. Frequently, our office defends these cases in Harper Woods where the Eastland Mall is located and many of these offenses occur. Originally opened in 1957, the facility houses large department stores including the Burling Coat Factory, Macy's and Sears. Most large chain stores have loss prevention (see our related post) and prosecute theft aggressively.

What is it that you need to know if you are being charged with retail fraud? Defendants should take note that the prosecution need not prove that you left the store with misappropriated merchandise. Pursuant to MCL 750.356d it only needs be shown that intent not to pay is coupled with one of the following;

- Altering merchandise,
- Transferring merchandise,
- Removing merchandise,
- Replacing merchandise,
- Concealing merchandise,
- And/or misrepresenting the priced value of the merchandise.

It is usual for those being charged with retail fraud to be overcome with feelings of embarrassment and anxiety. While a serious charge, retail fraud (especially a first offense) is one that can be handled if an aggressive legal defense is utilized early on in the proceedings.

Our practice of these cases in the 32-A District Court is as follows. Characteristically we can have these issues resolved with one appearance. Many times, we can secure a plea offer where the charge will come off of the client's criminal record. This can be accomplished via the Youthful Trainee Act (sometimes referred to as MCL 771.1. Record preservation, especially for a theft crime, is crucial and is always one of our firm's three goals for a retail fraud case. We further aim to eliminate jail time and minimize the terms of probation.

Lastly, and perhaps most importantly, what can defendants expect when being sentenced in the 32 - A by Judge Roger J. La Rose? Judge La Rose will oftentimes attempt to reach out to defendants. We have observed him in many instances take the time to really see what the underlying circumstances are in the defendant's life that caused them to end up in trouble in the first place. Our office has observed that sentences in this Court include (sometimes with other conditions)

- 6 - 12 month probation,
- Fines and costs,
- And/or attendance of a misdemeanor class.

It is recommended that those being prosecuted for theft crimes retain the assistance of an attorney. Our office has been handling criminal matters in Macomb County for over 30 years and always fights to ensure our clients receive optimal disposition of their criminal charge. For a free consultation regarding a retail fraud charge, or any pending criminal matter, call our office at 586 412 5555

According to Wikipedia, on September 10, 1897, George Smith, a London taxi driver, was the first person to be convicted of drunk driving.

DUIL, DUI, OUIL, OUI, OWI, OWVI, OWPD, UBAL: What do they all mean? Whenever we meet with a new client that is charged with drunk driving, we invariably engage in explaining the numerous abbreviations which are commonly used on the streets, in the courts and by lawyers. Whenever the words drunk or intoxicated are used, we are referring to the offense of drunk driving. The offense of impaired driving is a lower offense but still goes on the record as a drinking and driving offense for all licensing and insurance purposes. The penalties for these offenses vary depending upon the circumstances and prior record of the offender. The Michigan Department of State website has more information regarding the offenses and penalties for these offenses.

Drunk Driving Abbreviations Commonly Used In Michigan

DUIL: Driving Under the Influence of Liquor
DUI: Driving Under the Influence
OUIL: Operating Under the Influence of Liquor
OUI: Operating Under the Influence
OWI: Operating While Intoxicated (Current Law)
OWVI: Operating While Visibly Impaired (Current Law)
OWPD: Operating With the Presence of Drugs (Current Law)
UBAL: Unlawful Blood Alcohol Content

DRUNK DRIVING: One can be charged with drunk driving if his ability to operate a vehicle is substantially and materially impacted by the consumption of alcohol or drugs. In this scenario, the prosecutor would have to prove that the person charged was intoxicated or had .08% or greater blood alcohol content or the presence of certain drugs. Under prior drunk driving laws in Michigan, a person had to caught "driving" a motor vehicle. The "D" in DUIL or DUI is the abbreviation for driving under old Michigan drunk driving laws. More recent laws were passed which made it unnecessary for the person to be caught driving a motor vehicle. Courts and lawmakers amended the law to only require that the person charged with drunk driving be caught "operating" the vehicle. Thus, a person who is not driving but merely in a parked vehicle with the keys in the ignition while playing the radio can be said to be "operating" a vehicle. The abbreviations were changed to OUIL and OUI with the "O" signifying operation.

IMPAIRED DRIVING: Impaired driving means that your ability to operate a vehicle was visibly impaired. Under prior laws, the abbreviation of DWI was used which meant Driving While Impaired. Under current law, the offense is called Operating While Visibly Impaired or OWVI.

UNLAWFUL BLOOD ALCOHOL CONTENT, OPERATE WITH PRESENCE OF DRUGS: The offenses of OWPD and UBAL are statutory offenses which do not require that the offender is intoxicated but only that the offender has a blood alcohol content of .08% or greater or the presence of certain illegal drugs.