MCL 750.474 - Transport Medical Marihuana Outlined -- by Michigan Marihuana Lawyer, Josh Jones

Transporting Medical Marihuana – New, Pesky Law

In order to transport medical marihuana legally, individual caregivers and patients must take an added and necessary step. This step consists of ensuring that your medical marihuana is inside a case and is located inside your trunk.

MCL § 750.474 specially states that “[a] person shall not transport or possess usable marihuana . . . in or upon a motor vehicle or any self-propelled vehicle designed for land travel unless the usable marihuana is . . .”

1. Enclosed in a case that is carried in the trunk of the vehicle; or
2. Enclosed in a case that is not readily accessible from the interior of the vehicle, if the vehicle in which the person is traveling does not have a trunk. [emphasis added]

Therefore, the statute even goes so far as to direct those individual with motor vehicles that have no trunk to transport their marihuana in an area “that is not readily accessible from the interior of the vehicle.”

Moreover, the statute does not define what constitutes a case or an area that is not readily accessible. This means that an individual’s case will need to be dealt with by a proper attorney who understands the law concerning traffic stops and encounters involving law enforcement. The smallest amount of marihuana transported improperly can and will bring about criminal charges.

Furthermore, this offense, if convicted, is a 93-day misdemeanor, punishable up to 93-days in a jail and/or a fine of $500.00.

This new criminal statute, which applies to medical marihuana users, became effective April 1, 2013. It is a statute that many individuals do not know about until they are charged with it. Whenever you are transporting your marihuana make sure that you are following MCL § 750.474 – because if not, you may be looking at and facing criminal charges.

Know the law, maintain your rights, and lawyer-up with Josh Jones. He is available 7-days a week by phone, text, email or instant message. Whose got your back?

PLEASE DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. WE HOPE TO SPEAK WITH YOU SOON. 

SIDE-NOTE: Read our article on how to transport marihuana plants from one location to another.

Drivers License Restoration - Drunk Driving Convictions -- by Michigan Marihuana Lawyer, Josh Jones

DRIVERS LICENSE RESTORATION – DRUNK DRIVING

There are two parts to the process when applying to reinstate your Michigan Driving Privileges. The first process is the paperwork followed by a hearing that will either take place at a branch office in front of an attorney for the state or by videoconference at the branch office with a state attorney.

It is important to note that the entire process takes a minimum of 3 months or longer. Once the paperwork is completed and sent to the state in Lansing it takes minimum 8 weeks before your hearing date is scheduled.

STANDARDS for Issuance of a License

The Secretary of state has issued a detailed set of standards that must be met for a repeat Drunk Driver to receive a restricted license. This includes drivers with drug driving offenses or a combination of alcohol and drugs.

Rule 13(1)(a)-(b) states: The hearing officer shall not order that a license be issued unless you prove by clear and convincing evidence all of the following:


(1) That your alcohol or substance abuse problems, if any, are under control and likely to remain under control.

(2) That your risk of repeating past abusive behavior is a low or minimal risk.


(3) That the risk of you repeating the act of operating a motor vehicle while impaired by, or under the influence of alcohol or controlled substances or a combination of alcohol or controlled substance is a low or minimal risk.


(4) That you have the ability and motivation to drive safely and within the law.


(5) And other relevant issues contained in the rule and statue.

Its is imperative, if not essential to make sure that your hearing goes smoothly and is effective in obtaining your restricted license. Losing at a reinstatement hearing takes another year of you not having a license. Do the right thing and lawyer-up.

PLEASE DO NOT RELY upon any of the information contained in this article when trying to represent yourself. You should always consult with an attorney before relying upon any written advice, article, blog etc.

If you or someone you know needs to have their driving privilege’s reinstated than you need to contact Michigan Drivers Restoration Lawyer Josh Jones today for your free consultation—7-days a week by phone, text, email or instant message. 

Michigan Criminal Process - Nuts & Bolts by Michigan Marihuana Lawyer - Josh Jones -- Handling All Felonies & Misdemeanors

MICHIGAN CRIMINAL PROCESS/OVERVIEW - NUTS & BOLTS

THE ARREST

In order to properly arrest, the police must have probable cause that a crime was committed. Probable cause is reasonable belief that you (the defendant) committed a crime.

Warrants are not required in order to arrest individuals, yet they are required prior to a “search,” sometimes. The following exceptions apply requiring no warrant or the establishment of probable cause to allow for a warrantless search:

1. Incident to (or after) a valid arrest; however, you may be patted down for weapons.
2. Exigent Circumstances—emergency situation; i.e. destruction of evidence of crime, police in hot pursuit, or threat of death or harm to an individual.
3. Consent to Search person, property, or residence—there is no requirement stating you must allow an officer to search if he or she does not have a valid warrant to do so.
4. Plain View or Smell—no search occurs but criminal activity is discovered; i.e. seeing alcohol in motor vehicle from window, smelling burnt, fresh or other marihuana in vehicle

IMPORTANT NOTE: after your arrest, yet prior to any interrogation, you must be advised of your rights. This includes the right to remain silent and to have legal counsel. These rights must be expressly stated and made by you (the defendant).

POST ARREST

After you are arrested and taken to the local jail you will proceed through the booking process ,which will include, but may not be limited to:

• Providing your name, address, phone number, etc.
• Fingerprinting
• Cataloguing of your personal property

The Jail will hold you for up-to 72-hours for that particular charge or citation. Within that period you may post bond, if it has been set; be released and cited with a citation; or be presented to a magistrate or judge.

IMPORTANT NOTE: You may be held in-custody longer depending on your current criminal status. Being able to post bond does or may not allow for you to be released from custody if you have outstanding warrants or other holds from other jurisdictions. A full consultation and review of the facts regarding your case by an attorney is in order to properly and effectively provide advise and explanation of any given case.

It is essential to obtain a criminal defense attorney immediately following any citation, release from custody, or pending criminal matter. Criminal convictions and charges can have life changes consequences. Know the law, maintain your rights, and lawyer-up with Josh Jones. He handles all felony and misdemeanor criminal matters and specializes in marihuana (medical or non-medical) matters.

COMMON CRIMINAL LAW TERMS

Arraignment – It is the first hearing within a criminal case and will occur at District Court. A second arraignment will occur in all felonies matters, yet it will occur at the Circuit Court. The main two focuses of the arraignment are the amount of bond and the type of plea to be entered. A plea consists of one of the following:

• Guilty—an admission of guilt and statement of facts pertaining to the crime being admitted too.
• Not Guilty—a denial of the crime and the charges stated.
• No Contest—neither admitting guilt nor disputing the facts and charges.
• Stand Mute—no admission of the correctness of the charges; i.e. asserting you are standing mute and understand the charges pending against you.

IMPORTANT NOTE: Never plead guilty at an arraignment, and instead assert a not guilty or stand mute plea. You have that right and the right to obtain counsel, so lawyer-up. ALWAYS consult an attorney prior to pleading guilty or no-contest to any and all crimes. You may not know the consequences of such a plea.

Plea Agreement – The formal agreement between the parties, which identifies the charges sought to be plead to and possible sentencing agreement. These will vary from case to case.

Trial – The formal hearing determining guilt. Here there will be testimony and the presentation of evidence presented to the Jury (or a Judge if a Jury Trial is waived).

Sentencing – This will occur after a plea or trial (when the verdict is guilty). Here the Judge will determine the appropriate sentence or punishment to render, which will be based upon a number or factors including statutory rule, a probation recommendation, or other facts or evidence presented during such a hearing.

Verdict – The rendering of judgment by the Jury (or Judge), which will either be innocent or guilty.

Appeal - In the State of Michigan, a Defendant generally has 42 days from the judgment to file an appeal. There are two kinds of appeals: by right or by leave. The Judge will state such on the record at the time of plea or trial.

45th District Court - OAK PARK, Michigan - Michigan Marihuana Lawyer (covering all Felonies & Misdemeanors) -- Oakland County District Court

45^th District Court – Oak Park, Michigan – Oakland County District Court

The 45^th District Court is located at 3600 Oak Park Boulevard, Oak Park, Michigan 48237. The court’s jurisdiction covers Charter Township of Royal Oak, Huntington Woods, Oak Park, and Pleasant Ridge. The Court maintains two Judges:

HONORABLE MICHELLE FRIEDMAN APPEL

HONORABLE DAVID M. GUBOW

The court has exclusive jurisdiction in all civil litigation up to $25,000, small claims, garnishment proceedings, evictions, and land contract and mortgage foreclosures.

In the criminal area, the court handles all arraignments, misdemeanor cases, the setting and acceptance of bail, bench and jury trials, misdemeanor sentencings, and preliminary examinations in felony case. It also handles all traffic cases including parking, informal and formal hearings, and trials.

Traffic citations (or tickets) can be paid here. The Court’s hours of operation are 8:00 A.M. to 5:00 P.M., Monday through Friday, except for holidays. It is imperative to know which court you must attend and when—failure to appear at a required and requested hearing may bring about a bench warrant for your arrest. Information on the Court’s probation department can be found here. Other basic facts, questions, and answers about the Court can be found here.

It is imperative to obtain counsel that is sound and puts your needs first. Josh Jones has your back. Know the law, maintain your rights, and lawyer-up with Josh Jones. He specializes in criminal defense (including all felonies and misdemeanors) and marihuana defense.

Contact him 7-days a week by phone, email, text or instant message.

Drug Charges - 7411 Diversion -- Michigan Marihuana Lawyer, Josh Jones - Aug. 13, 2013 -- Use & Possession of Marihuana

Michigan Law allows for second chances, which means that certain crimes and convictions can be kept off an individual’s public record upon pleading to certain criminal charges. This only occurs if you satisfy the terms and conditions of court ordered probation that will inevitably ensue upon pleading guilty to the crime and the court accepting to place you on 7411.

GENERAL DELAYS OR DEFERRALS

These second chances can be found in Domestic Violence (MCL 769.4A) cases and within the Holmes Youthful Training Act (aka HYTA), which has age restrictions specifically between the ages of 17 and 21 (MCL 762.11). Minor in Possession of Alcohol (MCL 436.1703(3)) allows for a deferred sentence.

Delayed Sentencing, (MCL 771.1), which is not technically a “Deferral,” authorizes a court, without entering a judgment of guilt, to delay sentencing for no more than one year in all prosecutions for felonies, misdemeanors, or ordinance violations other than murder, treason, criminal sexual conduct in the first or third degree, armed robbery, or major controlled substance offenses.

CONTROLLED SUBSTANCE CASES: MCL 333.7411 is commonly referred to as “7411.″

7411 allows an individual who has been charged with a non-major drug crime to simply walk away without a drug conviction, but only after successful completion of the court’s sentence. This includes all terms and conditions of probation. However, 7411 protects the individual’s license from Secretary of State sanctions.

It is important to note that if an individual is found or pleads guilty to a drug’s charge he or she will have licensing sanctions that will bring about license and driving restrictions. Moreover, an individual who loses his or her 7411 status while on probation will also face sanctions and restrictions.

Non-major drug crimes are generally possession or use of drugs (including, but not limited to, marihuana, cocaine, heroin, or ecstasy. Major offenses that are not eligible for 7411 are offenses that involve delivery or manufacture of drugs (including marihuana), possession with intent to deliver, and maintaining a drug house.

7411 may only be used once in a lifetime, and thus a prior drug conviction precludes eligibility under section 7411. There is no age requirement for 7411 as compared to HYTA (which may allow for similar criminal offenses). The consent of the prosecutor is not required.

It is imperative to know what will and will not happen to you and your life when involved with criminal charges, especially drugs charges. Therefore, know the law, maintain your rights, and lawyer-up with Josh Jones. He has your back and is available 7-days a week by phone, text, email or instant message.

DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON.

46th District Court, Southfield, Michigan - Oakland County District Court -- Michigan Marihuana Lawyer, Josh Jones -- Handling All Felonies & Misdemeanors

46^th District Court – Southfield, Michigan – Oakland County District Court

The 46^th District Court is located at 26000 Evergreen Rd., Southfield, MI 48076. The Court maintains and covers all criminal charges occurring within Southfield, Lathrup Village, Beverly Hills, Franklin Village, Bingham Farms, and Southfield Township.

The following Judges hear the Court’s docket:

Hon. Shelia R. Johnson Term expires January 2015

Hon. Debra Nance Term expires January 2019

Hon. Bill Richards Term expires  January 2017

In the criminal area, the Court handles all arraignments, misdemeanor cases, the setting and acceptance of bail, bench and jury trials, misdemeanor sentencings, and preliminary examinations in felony case. It also handles all traffic cases including parking, informal and formal hearings, and trials.

The Court is open from 8:00 A.M. to 5:00 P.M., Monday through Friday, except for Holidays. The court clerks counter and Cashier, however, is open from 8:00 A.M. go 4:30 P.M.

The Law Office of Josh Jones understands the importance of knowing what you need to do, where you need to go, and how is your future going to be impacted. Know the law, maintain your rights, and lawyer-up with Josh Jones. Whose got your back? Josh Jones specializes in criminal defense (including all felonies and misdemeanors) and marihuana defense. He is available 7-days a week by phone, email, text or instant message.

DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON.

47th District Court - Farmington Hills, Michigan - Oakland County District Court -- Michigan Marihuana Lawyer, Josh Jones

47^th District Court – Farmington Hills, Michigan – Oakland County District Court

The 47^th district court is located at 31605 W. Eleven Mile Road, 
Farmington Hills, MI 48336. The Court’s jurisdiction covers the cities of Farmington and Farmington Hills. Moreover, it has two sitting Judges:

Judge James B. Brady

Judge Marla E. Parker

In the criminal area, the Court handles all arraignments, misdemeanor cases, the setting and acceptance of bail, bench and jury trials, misdemeanor sentencings, and preliminary examinations in felony case. It also handles all traffic cases including parking, informal and formal hearings, and trials.

The Court’s mission statement can be found here. To make payments 24 hours a day 7-days a week, visit the following link. For information regarding the Court’s probation department click here. A break down of Traffic Fines can be found here. The Court’s hours are 8:30 A.M. to 4:30 P.M., Monday through Friday, except holidays.

The Law Office of Josh Jones understands the importance of knowing what you need to do, where you need to go, and how is your future going to be impacted. Know the law, maintain your rights, and lawyer-up with Josh Jones. Whose got your back?

Josh Jones specializes in criminal defense (all misdemeanors and felonies) and marihuana defense. He is available 7-days a week by phone, text, email or instant message.

DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON.