Conservatorships and Nursing Homes

Dan Williams, Esq.

Should a nursing home be able to obtain a conservatorship through the probate court, when the patient has previously designated a power of attorney for their financial needs?  In recent weeks, I have had a number of clients seeking advice about what to do in that exact situation.  A conservator is a court appointed individual who makes financial decisions for a person who is incompetent or incapacitated.  There are ways to contest a nursing home’s petition for a conservatorship, but you need to contact a probate litigation specialist who can properly review your case and, advise and represent you in challenging such a petition.

At Fausone Bohn, LLP, Dan Williams focuses on probate disputes.   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 at (248) 380-0000.

Identity Theft and Financial Transaction Device Crimes Clarified

Dan Williams, Esq.

Last month the Court of Appeals clarified what constituted sufficient evidence to convict a defendant for the crimes of Identity Theft and Steal/Retain a Financial Transaction Device without Consent in People v. Velton Miller.  You can read the Opinion here.  Financial crimes are complicated for defendants and prosecutors.  What do you think constitutes sufficient evidence to convict a person of identity theft or a financial transaction device crime?  In answering that question, you’ll likely be surprised.  Having spent more than four years prosecuting these types of complex crimes, many times, I was surprised at the answers as well.  If you are charged with a financial crime, not just any defense attorney will do.  Find one who has the experience to understand the complexity, breadth and connections of Michigan’s criminal laws regarding financial crimes.

Special CPL Provisions for Retired Law Enforcement Personnel

Daniel Williams, Esq.

If you are a former law enforcement officer or a United States military veteran, you may be eligible to carry a concealed weapon on premises that are otherwise prohibited to the general public. Those recognized as law enforcement include: Police officers; corrections officers; reserve officers of a police; former members of the United States Armed Forces; and a parole or probation officer.

If you believe you have been wrongly accused of violating the Firearm Laws of Michigan, or any other criminal offense in the State of Michigan, immediately contact Fausone Bohn, LLP and ask for Dan Williams. As a current Assistant Prosecuting Attorney for the City of Westland and former Assistant Prosecuting Attorney for Wayne County, Dan has a vast knowledge of criminal court proceedings. With his substantial trial experience, he is prepared to take any case to trial for a client, if necessary. Call us at (248) 380-0000 and schedule your free consultation today!

                                                                                                

Practices to Implement When Carrying a Concealed Pistol

Mark Mandell, Esq.

Hopefully, you have read my previous blog on the importance of properly storing your concealed pistol.  Now, I want to provide some valuable information for those who plan to carry their pistol in public. Understanding the situations and places where you can and cannot possess your weapon will be imperative to your safety and freedom.

First and foremost, always have your CPL license and some sort of state-issued identification card in your possession any time you decide to carry. Next, do not carry your pistol if you are planning to consume alcohol. As part of your CPL, you are giving implied consent to submit to chemical analysis for alcohol and/or controlled substances. In other words, you will be required to comply with any blood, breath, or urine testing that a law enforcement officer requests.

Finally, you should be aware of premises that prohibit any possession of a firearm, whether licensed or unlicensed. This includes any:

• School or school property;
• Depository financial institution (bank or credit union);
• Property owned or operated by a place of worship;
• Court;
• Bar or tavern, even in the absence of a posted sign indicating the establishment as a prohibited premise;
• Hospital;
• Day care center, public or private;
• Dormitory or classroom of a community college, college, or university;
• Stadium, theater, and any entertainment facility with a seating capacity of 2,500 or more individuals

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. Contact Attorney Mark Mandell at (248) 380-0000.

Lake Erie Water Quality Market

Paul Bohn, Esq.

Back in July 2015, I wrote a blog discussing a joint effort between Great Lakes states and Canadian provinces to address the dangerous levels phosphorous and nitrogen runoff that are causing massive algae blooms in Lake Erie. While the Great Lakes Commission (GLC) pledged a 40% reduction of algae blooms in Lake Erie by 2025, they did not discuss how they would achieve this.

Well, good news. The GLC has developed a plan to achieve their algae bloom reduction goal. The initiative will provide what’s called a water quality trading system. It is a market-based approach to pollution reduction, in which the government sets an overall water pollution reduction requirement and then provides water quality credits that can be earned by entities for reducing pollution.

If properly implemented, a supply and demand for these credits will be created. Industries that are engaging in pollution reduction will stock-pile the credits, and then sell them to those who have high pollution reduction costs.

The proposed trading system will include most pollution sources contributing to runoff into Lake Erie. This includes farmers, sewage treatment plants, power plants, and factories. It is a great alternative to traditional pollution reduction methods that force each pollution source to install expensive new technology to reduce their own emissions.

Now, pollution sources will be able to determine if they are best served by becoming a buyer or seller of credits, based on their ability to adhere to the new regulatory requirements. The GLC believes this innovative approach will significantly reduce pollution runoff and thereby improve water quality in Lake Erie, what do you think?

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.

Massive New Trail System Coming to Michigan

Paul Bohn, Esq.

Ever dream of the day that you can just hop on your bicycle and ride all the way to South Haven to spend the day on Lake Michigan? What about riding all the way to Lambeau Field to see the Detroit Lion’s get their second win in 20+ years in the State of Wisconsin?  Well, those dreams are quickly becoming a reality for nearly 50% of the state’s population as the “Big 400” trail development project is underway!

The 5 Healthy Towns Foundation, a tax-exempt private foundation for community improvement, has recently begun fundraising efforts to develop a loop trail to connect Chelsea, Dexter, Stockbridge, and Pinckney. Users will be able to ride, hike, or cross-country ski through the beautiful woods, farmland, and along waterways with this new 44-mile nature trail. It is projected to cost $1 Million and the foundation is already 1/3 of the way there.

This loop will be tied into the existing Iron Belle Trail that runs from Belle Isle to Ironwood, Wisconsin. It will also connected to Lakelands Trail, which stretches from Port Huron on the east side, to South Haven on the west.

A second project, named the Waterloo Trail, has already been put into motion. The Potawatomi Mountain Biking Association has joined forces with renowned trail-builder, Spectrum Trail Design, to create 25 miles worth of mountain biking trails. The $500,000.00 project will include a wide-range of trail-difficultly so that all can enjoy the thrill of mountain biking safely within their skill-level.

Within 5 years, the hope is to connect the Waterloo Trail to the Big 400 project. Once completed, Michigan’s non-motorized trail system will be among the best in the nation.

To find out more information, or to donate to their efforts, visit Hwpathways.org or waterlootrail.org!

How to Obtain Your CPL in 4-Steps

Mark Mandell, Esq.

Looking to obtain your Concealed Pistol License (CPL) in the State of Michigan but don’t know if you are eligible and/or how to apply? Look no further, for your convenience we have compiled all the information you will need to determine if a CPL is right for you.

Step 1: Eligibility Requirements

Before you start the application process, make sure you are able to answer yes to all the following:

• Am I 21 or older? (per federal law)
• Am I a US citizen?
• Am I a legal resident of Michigan and have been living in the state for at least 6 months? 
• If you are unsure, just see if at least one of the following applies:
• I have a valid Michigan driver’s license and/or personal identification card
• I am registered to vote in Michigan
• I am an active duty member of the United States Armed Forces who is stationed out of state but Michigan is still my home of record; or I am permanently stationed in Michigan 
• Do I have a valid Michigan driver’s license or official Michigan personal identification card?
• I am not, nor ever was, subject to an order or disposition for:
• Involuntary Hospitalization or Alternative Treatment?
• Legal incapacitation?
• Personal protection order?
• Bond or conditional release prohibiting purchase or possession of a firearm? (does not apply to past bonds or conditional releases)
• Finding of not guilty by reason of insanity?
• I have never received a dishonorable discharge from the United States Armed Forces
• Will I pass a criminal background check? 
• If you have ever been convicted of a felony or misdemeanor, you will need to visit the link below to see if you are still eligible.
• http://michigan.gov/msp/1,1607,7-123-1591_3503_4654-10926--,00.html

Step 2: Pistol Safety Training Course

After you have made sure you are able eligible, you will need to successfully complete an appropriate pistol safety training course. To find available courses near you, contact your local law enforcement agency or use the class locator on http://www.ccwclasses.net/cpl-classes-michigan.

• Average Course Length:  minimum of 8 hours in duration (5 hours in classroom instruction, 3 hours shooting range instruction)
• Average Cost: $100-$200
• Make sure your certificate states the following: “This course complies with Section 5j of 1927 PA 372” and “the Individual has successfully completed the course” 

Step 3: File a Concealed Pistol License Application

After you have received a valid certification of completion, you will need to complete a Concealed Pistol License Application and file it with the County Clerk of the area in which you reside. Here is a checklist of items to bring with you to the County Clerk:

• CPL Course/Class Certificate of Completion
• $100.00 for the application and licensing fee payable to the county clerk (payable by cash or credit card)
• Fingerprinting receipt from a Michigan Law Enforcement Agency 
• Or they can take your fingerprints on-site at county clerk (may be an additional $15.00 for fingerprint service)

Once all fees are paid and fingerprints are filed, the county clerk will issue a license or notice of statutory disqualification within 45 days. Instructions on appeal process will be included with a notice of disqualification. 

Step 4: Know When to Leave Your Weapon at Home

Where you can/cannot take your weapon:

Other states that will honor your Michigan-licensed CPL: 

• Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

States that will not honor your Michigan-licensed CPL: 

• California, Connecticut, District of Columbia, Guam, Hawaii, Illinois, Maryland, Massachusetts, Nevada, New Jersey, New York, New York City, Oregon, Puerto Rico, Rhode Island, Virgin Islands, American Samoa, N. Mariana Islands

Michigan Pistol-Free Zones: follow the link for most updated list: http://www.michigan.gov/msp/0,4643,7-123-1878_1591_3503_4654-10947--,00.html

Step 5: CPL Renewal Program

You will need to renew your CPL every 4-5 years, depending on the issue date and your date of birth. The cost will be $115.00. The renewal application does not require you to re-take the CPL course, but it is recommended if you have not touched the weapon or practiced at a shooting range since you have received the license. Plus, the CPL education is constantly evolving and keeping that knowledge fresh in your mind can be the difference in a life-or-death situation.

I hope you find this guide helpful as you navigate the concealed weapon licensing process. Once you are a licensed weapon holder, you will then be responsible for the safe-keeping of your weapon, staying up to date on all laws and regulations, and most importantly the ability to judge when use of such weapon is absolutely necessary. This newfound responsibility should not be taken lightly, as even those most prepared can find themselves in legal trouble. In the unlikely event you are facing weapons-related charges, you need to contact Fausone Bohn immediately and ask for attorney Mark Mandell. Whether or not you handled the situation correctly, as a CPL holder you can bet that you will be at the top of the list when the investigation starts.

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!

Steep Penalties for Assault by Strangulation or Suffocation

Mark Mandell, Esq.

About two years ago, a new Michigan law prohibiting “assault by strangulation or suffocation” went into effect. The law imposes severe penalties upon an aggressor who engages in the conduct prohibited by the statute.

MCL 750.84 states that any person who assaults another person by strangulation or suffocation is guilty of a felony punishable by imprisonment for up to 10 years or a fine of up to $5,000, or both. The law defines “strangulation or suffocation” as “intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person.”

It is not necessary for a victim to suffer any actual injury in order for the State to charge an aggressor with assault by strangulation. Furthermore, an aggressor’s intent – which must be proven for a defendant to be found guilty – may be inferred simply from the use of physical violence.

In short, assault by strangulation is a very serious offense that is difficult neither to commit nor to charge.  Citizens should be mindful to avoid any conduct that could be construed as prohibited under this statute. 

Michigan Court of Appeals Finds Juvenile's Convicted of First Degree Murder Have A Sixth Amendment Right to Have A Jury Determine Their Sentence

Daniel Williams, Esq.

The Michigan Court of Appeals determined in a published opinion yesterday, People v. Skinner, ___ Mich. App. ___; ___ N.W.2d ___; COA #317892 (Aug. 20, 2015) the Juvenile Offenders who are convicted of homicide, and who face a sentence of life without the possibility of parole are entitled to have a jury determine their fate at sentencing.  Previously, a Judge would impose the sentence.

However, the COA found that in the circumstance where a Juvenile is convicted of First Degree Murder, they have a right to demand that a jury be impaneled to determine if such a sentence is appropriate.  The Court found "[w]e find that the Sixth Amendment mandates that juveniles convicted of homicide who face the possibility of a sentence of life without the possibility of parole have a right to have their sentence determined by a jury."

           

The COA indicated, through a thorough analysis, that the right stemmed from the United States Supreme Court's opinion in Miller v. Alabama, 576 U.S. ___; 132 S.Ct. 2455; 183 L.Ed.2d. 407 (2012), the new sentencing scheme would ensure that the factors necessary to impose a mandatory life sentence on a juvenile offender would best be preserved.  As the COA noted, "[t]he Miller Court did not address the issue of who should decide whether a juvenile offender should receive a life without parole sentence and we are unaware of any court that has yet to address the issue."

Regardless of where a person stands on the issue of juvenile offender sentencing, this opinion puts the Michigan Courts at the forefront in how the determination of a life without parole sentence can and may be imposed.  While the case is likely to be appealed to the Michigan Supreme Court, and potentially, to the United States Supreme Court, the opinion provides a thorough and significant change in how juvenile offenders will, for now, be sentenced in Michigan. 

Landmark Decision Reverses Course For Michigan’s Sentencing Guidelines in Criminal Felony and High Misdemeanor Cases

Daniel Williams, Esq.

On Wednesday, the Court issued an opinion in People v. Lockridge, a link to which is attached above, which dismantles the way that convicted felons in Michigan have been sentenced since the “truth in sentencing” laws went into effect on January 1, 1999. The legislature enacted mandatory sentencing guidelines, which amount to a scoring equation, and based on the offender’s prior criminal record and the facts and circumstances of the case, a mandatory minimum sentence could be determined.

The sentencing Court was bound by that number, unless they could come up with “substantial and compelling reasons” to depart, either above (more time) or below (less time) than what the mandatory sentence under the guidelines scoring required.  The Court defined what substantial and compelling reasons meant in People v. Babcock, indicating that the Court could only depart upward or downward where evidence not taken into account by the sentencing guidelines was available to the Court.

The sentencing guidelines, however, could be scored based on the lower threshold of a preponderance of the evidence, and it was not required that the Defendant be found guilty of the offense for the sentencing guidelines to apply. 

In Lockridge, the Court has done away with all of that.  The sentencing guidelines are still in effect, but now they are advisory, where the Judge can use them as a guide, but he or she is not mandated to impose a minimum sentence within that range.  Nor can the guidelines be scored using a preponderance of the evidence standard.

The Michigan Supreme Court has brought Michigan’s sentencing scheme in line with that used by the Federal Courts.   In Lockridge, the Court made clear that based on rulings from the United States Supreme Court, the notion that facts could be used in sentencing that had not been proven beyond a reasonable doubt was a violation of a Defendant’s Sixth Amendment Right to a Fair Trial.  Furthermore, rather than needing a substantial and compelling reason to depart from the guidelines, a sentencing Court’s determinations will be reviewed by an appellate court only for a determination that the sentence imposed was reasonable. 

The result is that the Court has now returned Michigan to an age where judicial discretion is the norm for criminal sentencings.  The results are both positive and negative for convicted offenders.  While judicial discretion in the imposition of sentences means that a Court can look at the individual circumstances of each case and make individualized, Defendant specific sentencing determinations, there are some draw backs.

Advising clients as to what the possible sentence for a crime is going to be is a far easier task when the sentence is mandated by the sentencing guidelines.  The minimum score is determined by the guidelines calculation, unless the case was particularly egregious.  Now, there are a lot more variables in determining what an appropriate sentence might be, and what factors will ultimately be considered by the Court in trying to fashion an appropriate sentence.

Frankly, the Lockridge opinion makes having a knowledgeable and experienced criminal defense attorney all that much more important.  Only time will tell if this return to an age of widespread judicial discretion provides a better sentencing scheme, or provides a system of inequity similar to what led to the creation of the sentencing guidelines in the first place.

When judicial discretion is the norm, having an attorney who is familiar with the system, and has experience with how Judges will handle a criminal defendant who is being sentenced before them can be invaluable.  As a former assistant prosecuting attorney, Dan Williams is very familiar with the criminal justice system, criminal procedure, and with the Judges who preside on Wayne County’s Criminal Bench.  If you have found yourself on the wrong side of the law, give us a call to see about taking your case on today.

Summary of Amendments to the Holmes Youthful Trainee Act

Michael McNamara, Esq.

On August 18^th, changes to the Holmes Youthful Trainee Act (HYTA) program will take effect following Governor Snyder’s approval of Public Acts 31-33 of 2015.   The most significant change is the age for HYTA is being extended to 24 years old.

The original purpose of the HYTA was to allow judges to place a youth aged 17-20 who pled or was found guilty of a crime on probation  to avoid a criminal record upon compliance with the judges sentence. Essentially it operates like a conditional dismissal, under which compliance with the court’s punishment will guarantee that there is no conviction, allowing the offender’s record to remain clean.

This is especially important for young men and women who will soon be searching for their first career position, if not so already. By complying with the HYTA program, an offender will never have to check “yes” when asked if they have been convicted, which can make or break a person’s prospects for employment.

PA 31 extends this age limit all the way to a person’s 24^th birthday, with some conditions attached. First, if the offender is 21 or older then he or she cannot be assigned to youthful trainee status without the consent of the prosecuting attorney. Next, youthful trainees may now be required to maintain employment or attendance in school. If he or she is not employed or enrolled in school, the court may then require that this person actively seek employment or entry into an educational institution (high school, community college, trade school, university, etc.). Finally, a youthful trainee over the age of 21 may now be subject to electronic monitoring during his or her probationary term.

There are crimes that could result in the automatic revocation of youthful trainee status as provided in PA 32. With this new legislation, all of the crimes that qualified an offender for the HYTA program will now disqualify their status on a subsequent offense. In other words, they have one chance to participate in the HYTA program.

In the past, it was up to the court to maintain or revoke the status of a trainee who committed another HYTA-qualifying crime. Now, the courts must revoke the status of a trainee who will then be subject to applicable penalties and prison sentences.

The final amendments provided in PA 33 focus on the duration and conditions for felony offenses. Traditionally, such offenses resulted in the individual being committed to the department of corrections for custodial supervision and training (similar to boot-camp) for not more than 3 years. PA 33 reduces the maximum sentence down to 2 years. Also, the act will list certain offenses that will exclude the trainee from being committed to the department of corrections for custodial supervision and training. Prior to this any youthful trainee could have been committed, even if the crime they committed was relatively harmless.

The final change resulting from PA 33 is the addition of a mandatory probation period of no more than 1 year for youthful trainees who were committed to the department of corrections or to the county jail. Before this amendment, Judges would simply give the trainee a choice of custodial supervision or probation. Now, Judges can use a combination of the two.

These changes are a part of Governor Snyder’s goal to reduce the prison population and cost of incarceration. Through reduction of HYTA sentences and extending the eligible age limit, it is expected that fewer offenders will go to prison resulting in savings for Michigan taxpayers while offering young offenders a chance to avoid an adult criminal conviction.

If you or your child are facing criminal charges, you need to contact attorney Mike McNamara immediately. He is an expert in the Michigan criminal justice system and can make the difference between having a clean record and being haunted by a conviction for the rest of your life. Visit the contact page of Fausone Bohn LLP for more information

Resisting Arrest: Things to Avoid when Pulled over by a Police Officer

Mark Mandell, Esq.

Motorists are pulled over by police officers every day for a variety of different reasons. Whatever the circumstances, there are many acts prohibited by law citizens should avoid when being stopped by police so as to refrain from making matters worse.

First, MCL 750.479a(1) states that when a police officer in uniform signals by hand, voice, emergency light, or siren for the driver to pull over, the driver may not willfully disobey the signal. An individual who does willfully obey such a direction is guilty of fourth-degree fleeing and eluding, a felony punishable by imprisonment of up to two years and a fine of up to $2,000. Both the level of the felony and the punishment increase if the fleeing results in an accident, results in the death or injury of another person, the speed limit is less than 35 miles-per-hour, or the driver has prior convictions.

Second, there are more laws that apply once a driver has come to a stop. MCL 750.479(1)(b) states that a person may not assault, batter, wound, obstruct, or endanger an officer enforcing the law. This includes the use or threatened use of physical interference or force as well as a knowing failure to comply with a lawful command. An individual who engages in any of the prohibited conduct is guilty of a felony punishable by imprisonment of up to two years and a fine of up to $2,000. Furthermore, if a violation of this statute causes injury or death to the officer, the punishment significantly increases.

To avoid incurring any additional legal trouble, your best bet when traveling on the roadways is always to comply with an officer’s commands.

If you have questions about criminal matters, fraud or other legal issues, please contact Mark Mandell at 248-468-4536 or online at www.fb-firm.com.

Fausone Bohn, LLP has assisted clients pulled over for drunk driving and other driving infractions throughout southeast Michigan, including Detroit, Ann Arbor, Northville, Novi, Livonia, Canton, Farmington, and Royal Oak.

Partner Jim Fausone Elected VP of U of M’s Civil & Environmental Engineering Association

Canton, MI – The University of Michigan’s Civil & Environmental Engineering Friends Association (CEEFA) recently elected local resident and business owner Jim Fausone as their Vice President. Fausone graduated from U of M with an engineering degree.

“It’s an honor to serve in this position where I have the opportunity to give back the University engineering community and help support current and future students,” said Fausone.

CEEFA provides a network for alumni, as well as a network of alumni for current students to tap into. The group sponsors scholarships and career mentorship programs for current students as well.

Fausone’s engineering background includes serving in the National Oceanic & Atmospheric Administration (NOAA) and working in civil and environmental engineering fields. Eventually, he would become the president of a multi-million dollar industrial services, waste transportation and environmental contracting company. In addition, Fausone now serves as the Chair of the Detroit Board of Water Commissioners – soon to be the Great Lakes Water Authority.

Today, Fausone runs the Northville-based law firm of Fausone Bohn, LLP, which is celebrating its 20^th anniversary this year. And, Fausone also established a veteran’s practice, Legal Help For Veterans, PLLC, now one of the largest veterans law firms in the country.

Fausone said he hopes his multi-faceted background will help him in his new role. “It’s important to show students that there’s a lot you can do with an engineering degree, whether you’re working on hard technical problems or trying to become an entrepreneur. And the degree even comes in handy as a lawyer.”

Fausone lives in Canton, MI with his wife, Carol Ann, also a U of M graduate in the School of Nursing. 

Officials in Great Lakes Region to Act on Algae Problem, Water Diversion

Last month, Quebec City hosted a conference of the 8 Governors from the Great Lakes US States and 2 from Canadian Provinces to discuss issues facing the Great Lakes.  One of the top issues discussed was the algae blooms on Lake Erie; to which Michigan, Ohio, and Ontario pledged to a reduction of 40% by 2025.

While the pledge is a step in the right direction, environmental groups have tried to call attention to this issue for years but have been largely ignored by government officials in the region.  In 2011, a sixth of Lake Erie was covered with toxic algae blooms. It reduced fish populations, fouled beaches, and most importantly it contaminated the drinking water. The bloom produced a concentration of a liver toxin that was 1,200 times the limit set by the World Health Organization.

The drinking water contamination continues to be one of the largest issues associated with the algae blooms. Just last August, Toledo was without drinkable water for 3 days because of dangerous toxin levels.

Some environmental groups are not only angry with the delayed action, but with the announcement itself. The conference provided no details on how the reduction will be carried out nor any mechanism to ensure compliance. The governors only said that “adaptive measures” will be taken by State environmental agencies.

The Sierra Club and the Food and Water Watch believe the announcement just shows how the agricultural industry continues to remain untouchable. Since the algae blooms are largely created by agricultural runoff containing phosphorus, measures would be taken to regulate agricultural pollution. Unfortunately, no such measure was expressed in the announcement.

A spokeswoman for the Food and Water Watch issued a statement “Relying on voluntary action is irresponsible and leaves a major source of drinking water for the region at the mercy of an industry looking to profit above all else”.

Another big issue raised was whether or not Great Lakes water should be diverted to Waukesha, Wisconsin. This community has had a polluted well for years, and now the Wisconsin DNR requests access to the safe water in the Great Lakes. In order to have access, the request needs approval from all 8 Great Lakes States. Just one vote against it can deny the whole proposal.

State leaders are expected to proceed with caution in forming their response because they believe the decision will become precedent for all future water diversion requests, which will be highly significant in the near future as water becomes scarcer around the country.

Michigan will arguably be the most important voice in the matter as it is the only state completely in the Great Lakes Basin. While it is important to provide those in need with available water sources, Michigan has the most to lose if diversion requests start to flood in.

Former Nursing Home Employee Terrorizes Resident in Michigan

Daniel Williams, Esq.

The arrest of 21 year old Tyler Malone serves as a reminder that nursing home abuse does not have to simply be physical abuse, but can also take form as emotional and mental abuse.

While working in 2014 as a resident assistant at Life House Crystal Springs in Gaines Township, Michigan, he targeted an 86-year-old female resident to prey on. The abuse he inflicted was equivalent to psychological torture. He harassed her with repeated phone calls; threw shoes at her; dumped water on her; made threats of sexual assault; and stalked her.

Kent County sheriff’s deputies were made aware of his actions from family members and coworkers, who quickly arrested the suspect. He is charged with second-degree vulnerable adult abuse and stalking and is currently held in the Kent County Jail.

Sadly, there are more people like Malone still employed at assisted living facilities around the state. Their method of abuse leaves victims with emotional scars instead of physical scars. With no visible injuries, it is difficult to prove any abuse has taken place, especially if the aggressor uses scare-tactics to keep the victim silent.

This is why it is paramount for victims of elder abuse to speak up immediately. Family and friends also need to be vigilant when visiting the elder in a nursing home. Your family deserves aggressive representation to ensure your loved ones' rights are protected. No citizen deserves that kind of neglect or harmful treatment.

If you suspect a care facility or in-home care service has acted negligently, you need to contact attorney Dan Williams immediately. As a former Assistant Prosecuting Attorney for Wayne County in the Elder Abuse Unit, and a current elder abuse attorney for Fausone Bohn LLP, he has vast expertise handling these types of cases. He will fight to ensure that all involved in the matter are held accountable, and is prepared to go to trial if need be.

Give us a call today for a consultation on your case. 

Bikes for Vets Helps 8 Veterans at Event

On July 1^st, eight more vets were equipped with brand new bikes, thanks to Bikes for Vets, Qauligence, and D&D Bikes and Hockey. With the money raised by Qauligence, D&D Bikes and Hockey was able to purchase a bike, mesh backpack, helmet, lock, and kickstand for each veteran.

The crowd of around 40 people gathered for the presentation included state politicians, private contributors, and community leaders. The room was filled with smiles, laughter, and excitement as each veteran explained what he/she planned to use the bike for. Many vets were eager to exercise daily to maintain a healthy lifestyle. Others were relieved that they finally had a reliable method of transportation for work and school. One such veteran, Demien DeYonte, plans to go to school to become a prosthetics manufacturer so he can provide prosthetic limbs to fellow servicemen and women that were wounded while in service.

Bill Mowder, the director of the program, is ready to take the next step in building Bikes for Vets. While 15 donated bikes is great, he plans to reach every veteran in need statewide. He is not concerned with creating a national brand nor making money. Instead, as long as a veteran was made better-off by the program, then his job was done.