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!

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.

Embezzlement Law in Michigan

Mark Mandell, Esq.

 

Recently, a Portage, Michigan man was sentenced to 87 months in prison for embezzling $6.5 million from the company where he worked as a comptroller.  In addition to his prison time and supervised release thereafter, he is required to pay restitution of $6.5 million to his former employer.  This shows just how serious the consequences of an embezzlement conviction can be.
 

Embezzlement in Michigan is governed by statute – MCL §750.174.  In essence, a person is guilty of embezzlement when they are in a relationship of trust to the principal (generally an employer-employee situation); in lawful possession or control of the funds of the principal; and wrongfully take or convert those funds to his own use, with the intent to defraud.

The key element to a charge of embezzlement is that the person takes the money, which belongs to the principal, with the intent to convert it to his own use.  In other words, the person has the fraudulent intent to deprive the owner of his property and take it for himself.  Without this intent to defraud, a taking cannot be embezzlement (though it may constitute another offense.)

The severity of an embezzlement charge depends on the amount of money or personal property taken by the agent or employee.  The charges include the following: 

·        If the money or property taken is valued at less than $200, the charge is a 93-day  misdemeanor with a possible fine up to $500; 

·        If the value is up to $1,000, the crime is a 1-year misdemeanor subject to a fine of up to $2,000.

·         $1,000 to $20,000 is a 5-year felony with a fine of up to $10,000. 

·         $20,000 to $50,000 is a 10-year felony with a fine up to $15,000. 

·         $50,000 to $100,000 is a 15-year felony with a fine up to $25,000. 

·         $100,000 and above is a 20-year felony with a fine up to $50,000.

Additionally, a person convicted of embezzlement will likely be required to pay restitution to the owner of the amount illegally taken, in addition to the statutory fines and jail time.  Charges may also be enhanced if the defendant has any prior embezzlement convictions on his record.

If you are facing embezzlement charges, or if you need more information about this area of the law, contact Michigan Fraud Lawyer Mark Mandell at (248) 380-0000 or online at www.MichiganFraudLawyer.com.  Mr. Mandell can provide you the experienced and knowledgeable legal counsel that is absolutely imperative when facing all manners of criminal charges.

 

Prescription Drug Fraud in Livonia

Mark Mandell, Esq.

 

A Livonia doctor and five accomplices were charged last week with running a prescription pain pill fraud scheme.

The indictment alleges that the scheme involved recruiters who would bring patients to Dr. Mohammad Batahney’s office for a “cursory examination or no examination at all.”  Allegedly, the doctor would then write a prescription for Roxicodone, a highly addictive pain pill, and give it to the recruiter. 

The indictment states that the recruiter would then pay the doctor and get the prescriptions filled at a cooperating pharmacy.  After being filled, the recruiter is alleged to have sold the drugs to street dealers in Detroit.

Dr. Batahney is believed to have unlawfully prescribed more than 300,000 doses of Roxicodone from 2011 to April 2013. 

Dr. Batahney and the other five defendants have been charged with conspiracy to possess with intent to distribute controlled substances – a felony punishable by up to 20 years in prison.

With prescription drug fraud rising to epidemic levels, Federal prosecutions have dramatically increased.  The crimes charged are severe and the sentences are long.  Having knowledgeable and experienced counsel on your side is a necessity.

If you or someone you know has been charged with fraud, or are concerned that you may be involved in fraudulent behavior, contact experienced fraud attorney Mark Mandell at (248) 380-0000 or online at www.MichiganFraudLawyer.com. 

To read about this latest indictment, please visit:

http://www.freep.com/article/20130422/NEWS02/304220150/Pills-prescription-fraud-Livonia-doctor

New State Law Could Leave Shoplifters with Five-Year Sentence

Mark Mandell, Esq.

Shoplifting, to many, appears as a lapse in self-restraint: kleptomania, psychologists have deemed it. Currently, shoplifters spend 90 days in jail and pay about $200 in fines. Recently, shoplifting has begun to evolve into organized retail crime with farther reaching consequences. A new Michigan state has gone into effect with stiffer penalties aimed to combat this growing problem. Individuals participating in this more sophisticated version of retail fraud could face a five-year felony sentence.

Over the past fives years, rates of shoplifting have risen between 3% and 4%. While the effects of shoplifting aren’t always readily apparent, the average American household pays for the crime: $500 a year to cover losses. And while the ordinary shoplifter is easily deterred by retailers, those involved in organized theft are much more brazen in their actions, often crossing state lines with their stolen merchandise in order to sell it for a profit. As a result, more than 15 states have passed new laws targeting retail fraud; however, legislators are still pushing to make it a federal law.

The penalties perpetrators will face as a result of the new law are meant to deter these individuals. For example, a Clinton Township man stole a shopping cart full of Red Bull energy drinks from a Kroger store in December, planning to sell the drinks to party stores. Under Michigan’s existing retail fraud laws, the most the man would face was 93 days in jail. However, under the new law, he could face five years in prison and a hefty $2,000 fine.

To learn more and read the original article, please visit: http://www.freep.com/apps/pbcs.dll/article?AID=2013303300100

If you have questions about retail fraud or other legal issues, please contact Mark Mandell or Tariq Hafeez at 248.380.0000 or online at www.MichiganFraudLawyer.com.

Minors Expungement

Melissa Cox, Esq.
 

In December of 2012, Michigan enacted a new law that makes it easier for people to wipe (or “expunge”) juvenile crimes off their record.

Public Act 527 of 2012 allows a person to expunge up to three misdemeanors, or one felony, a year after the offender completes their sentence and probation.  The previous law only allowed for one misdemeanor to be erased 5 years after the case was closed and did not allow felonies to be expunged.

There are a few exceptions under the new law.  For example, felonies punishable by life in prison and traffic tickets cannot be expunged.

The bill’s sponsor, Rep. Joe Haveman of Holland, says that this new law will help people who made bad decisions at a young age and are now facing difficulty entering college or the military, or finding employment.  He believes that this bill strikes a balance between the need to be tough on crime and alternatives for people who are behaving themselves.

The bill received rare unanimous approval in both the House and the Senate.  Governor Rick Snyder signed the bill into law two days after Christmas.

To read the text of the new law, please visit: http://www.legislature.mi.gov/documents/2011-2012/publicact/pdf/2012-PA-0527.pdf.

If you need help expunging a juvenile record, or have other legal questions, contact Attorney Melissa Cox at Fausone Bohn, LLP at (248) 380-0000 or online at www.fb-firm.com.

 

Petition Fraud Case Involving Ex-McCotter Staffers Continues

Mark Mandell, Esq.

A unique election petition fraud case continues the controversy surrounding ex-staffers for Thaddeus McCotter. Wayne County Circuit Judge Marie Braxton was supposed to hear arguments Wednesday, January 9^th, pertaining to the dismissal of felony conspiracy counts that carry the potential for a five-year prison sentence for Don Yowchuang, former deputy district director, and Paul Seewald, former district director and former classmate of McCotter. However, Judge Braxton postponed the hearing and will instead rule on the motion before sentencing the pair on January 18, 2013.

Fausone Bohn attorney Mark Mandell, representing Mr. Seewald, has said he is prepared to take the case to trial if Judge Braxton refuses to drop the felony charges. Moreover, Mandell will subpoena Secretary of State Ruth Johnson to testify. Mandell states that the case has not been fully investigated, and as a result, has tarnished the reputation of Mr. Seewald.

“It’s the most difficult situation to go through to have someone doubt your integrity, which is what has happened,” said Seewald.

Both Seewald and Yowchuang have previously entered pleas pertaining to the fiasco that cost McCotter his congressional career.  Seewald pleaded guilty to misdemeanor counts for falsely signing petitions as circulator, while Yowchuang pleaded no contest to 10 felony counts and six misdemeanors.

If you have questions regarding fraud or other legal issues, please contact Mark Mandell at 248.380.0000 or www.MichiganFraudLawyer.com.

To learn more and visit the original article, please visit: http://www.detroitnews.com/article/20130109/METRO01/301090388/1361/Ex-McCotter-staffers-to-ask-for-dismissal-of-conspiracy-charges