US Supreme Court Addresses Juvenile Homicide Sentencings Again Monday

The nation’s highest Court waded back into the waters of juvenile murder sentencings again on Monday in Montgomery v. Louisiana.  The Court determined that their earlier decision in Miller was retroactive, or applicable not only to juveniles moving forward, but also to those already convicted and sentenced.

Many states had followed the Court’s decision in Miller by stating that they would not apply the law looking backwards.  The Supreme Court’s decision means those State Court decisions are null and void, and that every juvenile sentenced to life without parole still residing in the criminal justice system will have to have their sentence reviewed.  For Michigan, that is more than 300 cases which the Courts will have to review for re-sentencings. This is just the latest in the way Courts are looking at children and the criminal justice system, and the recognition that juveniles must be considered differently than adults when considering how to sentence them for our most serious crimes.

If you or a loved one have been charged with a criminal offense, no matter how serious, the criminal law specialists at Fausone Bohn LLP are prepared to handle your matter with expertise and understanding.  Whether it’s a traffic ticket, misdemeanor or felony, give us a call.

Pastor’s Family Feud Continues After Death

Most people hear the word “probate” and they cringe.  To avoid that sinking feeling of what to do when a loved one passes away, many people seek estate planning attorneys to complete a will or trust to prevent the need for a family to fight about a deceased’s possessions in Court.  While a good estate plan can prevent a probate fight, if they are not done properly, they can create an even larger family feud in Probate Court.

Highlighting this fact is the case of prominent national pastor Bishop William Bonner.  His family has filed a case in the Wayne County Probate Court challenging the administration of the Bishop’s will.  The family claims are summarized in the Detroit News Article that can be read at http://www.detroitnews.com/story/news/local/detroit-city/2016/01/26/bishop-family-battles-church-estate/79378916/.

Ultimately, the lesson here is, if you don’t have an estate plan, think there are issues with your estate plan, or if things have changed since you dusted it off five or ten years ago, you should talk with an estate planning attorney. 

If you believe that you have been wrongfully left out of a family member’s will, or you suspect problems with an issue, you may have a case.  In those instances, you need to contact a real probate litigator, rather than simply an estate planner.  At FausoneBohn, LLP we have experts who specialize in both.  If you have an estate planning issue, or believe that you may need to go to Court to right a wrong with a loved one’s estate plan, give us a call.

Proper Gun Storage: Keeping Your Family Away From Harm

Mark Mandell, Esq.

If you are a concealed pistol license (CPL) holder, do not take the responsibility lightly. There are countless scenarios in which you will find yourself knee-deep in legal trouble if you are not aware of the location of your pistol at all times. Since the majority of CPL holders do not carry on a daily basis and instead stash their pistol in their home, it’s easy to lose track or forget about the weapon entirely. This is why proper storage in a gun safe is of paramount importance. Limiting the access to only yourself is the first step to proper storage, but your responsibilities do not end there.

Even if the gun is locked away in a safe, you should routinely make sure the pistol was not removed. In the event that the firearm is missing, do not assume that you misplaced it and that it will turn up at some point. Instead, you should report the theft within 5 days or else be responsible for a civil violation and fined up to $500.00.

Properly storing your weapon will also prevent your children from accessing it and potentially facing serious legal consequences for you and the child. For the sake of argument, let’s say your child stumbled upon your pistol while he/she was snooping around in your closet. Wanting to show off their mom or dad’s awesome gun, they decide to bring it to school. According to the Firearms Laws of Michigan:

“If a pupil possesses in a weapon free school zone a weapon that constitutes a dangerous weapon… the school board shall expel the pupil from the school district permanently.”

You will then be fighting an uphill battle to get your child reinstated, needing to prove in a clear and convincing matter that it was not possessed for use as a weapon or was intended for delivery to another person for use as a weapon; or the student didn’t know he had it.

Expulsion may be the tip of the iceberg if prosecutors want to “throw the book” at you. Section 750.227 of the Firearms Laws of Michigan states:

“A person shall not carry a pistol concealed on or about his or her person, or, whether concealed or otherwise, in a vehicle operated or occupied by the person, except in his or her dwelling house, place of business or on other land possessed by the person, without a license to carry the pistol as provided by law. A person who violates this section is guilty of a felony, punishable by imprisonment for not more than 5 years, or by a fine of not more than $2500.00.”

It’s possible for a child as young as 14 years old to face these felony charges if the judge is trying to make an example out of him/her:

“If a juvenile 14 years of age or older is accused of an act that if committed by an adult would be a felony, the judge of the family division of circuit court… may waive jurisdiction… after the waiver, the juvenile may be tried in the court having general criminal jurisdiction of the offense.”

The penalties will only increase in severity if the child used the weapon with or without intent to harm others, and could even be facing federal charges.

Finally, you as the parent could be facing criminal charges if the following circumstances exist: (1) you have custody of the minor; (2) the minor possessed the weapon in a weapon free school zone; (3) you were aware of the child’s intent/actions or you acted to further the violation. Given the high frequency of mass shootings, this may be happening more than we would like to think.

All of this can be easily avoided if you develop a safe method of storage for your weapon and always know its whereabouts. You can find gun safes as cheap as $50.00, so there is really no excuse to leave your weapon vulnerable to theft or possession by a child. If you find yourself facing legal consequences for a pistol-related offense, you should immediately contact the attorneys at Fausone Bohn, LLP and ask for Mark Mandell.

As a former prosecuting attorney, Attorney Mark Mandell has extensive criminal trial experience. While some attorneys avoid trials, Mark is always prepared to take his clients' case to trial if needed. Mark taught trial advocacy skills as an adjunct professor at the Thomas M. Cooley Law School. He uses his experience as a prosecutor and professor to fight for his clients, whether that be at trial or for the best possible plea agreement to minimize jail, prison, or probation. Experience and credibility is the name of the game when appearing before a judge and Attorney Mark Mandell has it!

Health Care Racket Dismantled in SE Michigan, Owner to Pay Back $4.5 Million

Tariq Hafeez, Esq.

Another health care racket was shut down in metro Detroit last month, as Amer Ehsan was sentenced to 80 months in prison. As the owner of Advance Home Health Care Services Inc., Ehsan was able to defraud patients and the government for over $7 million dollars.

The actions committed by him and his co-conspirators that included physicians, physical therapists and patient recruiters took advantage of the new Medicare program that offers assistance to disabled patients who need health services around the clock. He paid physicians to refer beneficiaries to his company and also to produce false documentation stating that patients needed home health care.  He also scammed the government by creating fake patients for his physical therapy company, Michigan Rehab and Management Services LLC.  He used the same scheme with physical therapists as he did with physicians for home health care referrals. Some patients were in on the scam as well, receiving cash kickbacks if they agreed to sign fake physical therapy records.

In total, Medicare paid a total of more than $4.5 million and U.S. District Judge Paul D. Borman intends to get every penny back. In addition to the federal prison sentence, Ehsan was also ordered to pay over $4.5 million in restitution.

I have increasingly represented health care providers and physicians who are in this very situation, and am willing to help anyone who is in need of legal counsel for health care related business matters.

If you, or someone you know, is a healthcare professional or provider and is facing legal action, call Fausone Bohn LLP immediately and ask for Tariq Hafeez.  Tariq is focused on providing legal counsel to health care related businesses including physicians' practices and home health care providers in addition to his expertise in the areas of business and corporate law, and commercial and civil litigation. Call today for your free consultation.