The Immigration Consequences of the Conviction of Conspiracy (MCL 750.157 a)
Grabel & Associates Blog
by Grabel & Associates
11M ago
Recently, the crime of conspiracy has been at the forefront of removal proceedings in the field of immigration law. While the charge itself can be highly manageable with a competent criminal defense attorney, the issue of deportation and incarceration have made the issue far more complex. To discuss this matter in greater detail, we spoke to several of the top criminal defense lawyers in the state of Michigan. Scott Grabel is the founder of Grabel and Associates and created what is considered by many the top criminal defense firm across the state of Michigan. Grabel spoke on the topic when he ..read more
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Neglect and Abuse (NA) Cases can Lead to Deportation
Grabel & Associates Blog
by Grabel & Associates
11M ago
A field of law that has become a topic of immigration proceedings of late is Neglect and Abuse cases. Neglect and Abuse (NA) cases have a lower burden than that of criminal matters, but the consequences can be extremely severe for those that are not American citizens. To discuss this matter, we spoke to several of the top lawyers in the state of Michigan. Scott Grabel is the founder of Grabel and Associates and runs what is considered by many as the top criminal defense firm across the state of Michigan. Grabel spoke of the topic when he stated, “When a CPS Petition is followed it is often acc ..read more
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Inchoate Crimes: An Incomplete Pathway to Criminal Defense
Grabel & Associates Blog
by Grabel & Associates
11M ago
Inchoate crimes are criminal charges that often get overlooked in the criminal justice system but can lead to serious consequences. An inchoate offense is a type of crime that is committed by taking a punishable step towards the commission of another crime. To learn more about this topic, we spoke to several of the top criminal defense lawyers across the state of Michigan. Scott Grabel is the founder of Grabel and Associates and created what is considered by many the top criminal defense firm across the state of Michigan. Grabel spoke on the topic when he said, “The three basic inchoate offens ..read more
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The Immigration Consequences of Carrying a Concealed Weapon (MCL 750.227 (2)
Grabel & Associates Blog
by Grabel & Associates
11M ago
One crime that has drawn legislative ire of late is Carrying a Concealed Weapon (MCL 750.227 (2). Carrying a concealed weapon which is often referred to as a CCW is a felony punishable by up to 5 years in prison and a $2,500 fine. Michigan does have a concealed pistol license (‘CPL’) law that allows individuals to carry a firearm if they meet the statutory requirements. While the 5-year felony is often worse than it may sound, one issue is the situation of immigration consequences. To discuss this matter in greater detail, we spoke to a few the top criminal defense lawyers in the state of Mich ..read more
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Accessory After the Fact (MCL 750.505) Has Both Criminal and Immigration Consequences
Grabel & Associates Blog
by Grabel & Associates
1y ago
One crime that often gets overlooked when it comes to immigration purposes and criminal scoring guidelines is “Accessory After the Fact.” On its face the crime appears to be an afterthought in the criminal justice system. However, there are severe consequences that could include a stay at the Michigan Department of Corrections, county jail and even deportation. The seminal case for “Accessory After the Fact” is People v Luca, 402 Mich 302, 304; 262 NW2d 662 (1978). In Luca, the court defines the crime as “one who, with knowledge of the other’s guilt, renders assistance to a felon in the effort ..read more
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Michigan Supreme Court Reinforces Application of Terry v. Ohio in Ruling
Grabel & Associates Blog
by Grabel & Associates
2y ago
Original Case Details A woman was charged with operating while intoxicated with a child as a passenger and open container in a vehicle after a police officer pulled her over. The main issue in this case is how the police officer came to pull the woman over in the first place. A police officer was informed by dispatch that a 911 call was made regarding a woman who was being loud and obnoxious. The caller stated that the woman appeared to be intoxicated and was yelling at her children. The caller gave the vehicle’s make, model, color, as well as license plate number. Within 30 minutes of the ca ..read more
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Michigan Supreme Court Reinforces Warrant Requirement to Search a Cell Phone a Second Time for Different Activity
Grabel & Associates Blog
by Grabel & Associates
2y ago
Original Case Details The defendant in this case was convicted at trial of armed robbery. This conviction occurred after two previous trials that both ended in mistrials due to hung juries. According to court records, in early August 2016, a man went for a walk and met a woman on the street. They talked and he invited her back to his house. At the house, the woman offered to perform sexual acts on the man for $50. The man agreed and opened a safe containing $4,200 in cash and other valuables and pulled out a $50 for the woman, telling her he would give it to her after the night was over. The w ..read more
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Michigan Court of Appeals Rules That Judges Cannot Prevent Medical Marijuana Patients from Using Marijuana During Probation
Grabel & Associates Blog
by Grabel & Associates
2y ago
Original Case Information This case originally started as an assault & battery case charged against the defendant, Michael Thue. The apparent story is that Thue committed his crime in an act of road rage. Thue pled guilty to assault and battery and was sentenced to one year of probation by a Traverse City District Court judge. One of the conditions of Thue’s probation was that he does not use marijuana, including medical marijuana. Because of an accident in his youth, Thue has a rod inserted in his arm that causes him pain. To alleviate this pain, Thue became a registered patient under the ..read more
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Michigan House of Representatives Approves Bipartisan Bill Allowing DUI Expungements
Grabel & Associates Blog
by Grabel & Associates
2y ago
The Current Law on DUI Expungements Currently, in the state of Michigan, you cannot get a DUI conviction expunged from your criminal record. So, while the title of this article does give a reason for hope, it is still only a step towards the potential of DUI convictions being included in the list of convictions that you or someone you love may be able to finally expunge from a criminal record. Under current Michigan law, there are a few main categories of convictions that are not eligible for expungement, they include: • DUI and other traffic convictions ..read more
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The Speedy Trial Factors: How COVID-19 is Affecting Jury Trials
Grabel & Associates Blog
by Grabel & Associates
2y ago
The Sixth Amendment of the United States Constitution provides that the criminal defendant is entitled to a speedy trial. Without this right, criminal defendants could be held indefinitely under a cloud of unproven criminal accusations. The right to a speedy trial also is crucial to ensuring that a criminal defendant receives a fair trial. If too much time elapses between the charge and the trial, witnesses may die or leave the area, their memories may fade, and physical evidence may be lost. When our founding fathers came up with this concept, it is safe to say that they did not anticipate a ..read more
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