Open Intoxicants - MCL 257.624a - Josh Jones - Michigan Criminal & Marihuana Lawyer - ALL FELONIES & MISDEMEANORS

Open Intoxicants – Open Alcohol In A Motor Vehicle

Did you know that if you are in a vehicle that is upon a highway or otherwise open to the general public or generally accessible to motor vehicles you are not allowed to have an open container of alcohol? This applies to an individual driving or simply a passenger of the vehicle. See MCL § 257.624a.

The rule states that individuals are “not allowed to not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle.” MCL § 257.624a(1). The passenger area of a vehicle has been defined as: “the area designed to seat the operator and passengers of a motor vehicle while it is in operation and any area that is readily accessible to the operator or a passenger while in his or her seating position, including the glove compartment.” MCL § 257.624a(5)(d).

If an individual is convicted of this crime for a first time he or she will receive two (2) points on his or her drivers license. Also, a misdemeanor will be placed on the individual’s record. Moreover, if an individual is convicted of the crime two (2) times within 7-years then he or she will receive a 30-day suspension followed by 60-days of having a restricted license. An individual convicted three (3) will receive a 60-day suspension with a 305-day restricted.

It is imperative to know what happens to your license when you plead guilty to or are convicted of an alcohol or drug crime. An individual may also have to perform community service and undergo substance abuse counseling at the direction of the court.

What’s more important is knowing that your past criminal history, if involving alcohol or drugs, will only bring about more licensing issues and stiffer requirements while on probation. Other crimes can too have an impact on when you can drive again.

Contact a criminal defense attorney immediately if you are involved in any kind of criminal action. Who has you back? Josh Jones.

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.

52-3 District Court - Criminal Defense & Marihuana Defense - Rochester Michigan

52-3 District Court – Rochester, Michigan

The 52-3 District Court is separated into four primary divisions which include a:

• Traffic Division, which processes citations written by police departments.
• Civil Division, which oversees cases involving money or damage claims, and landlord/tenant disputes.
• Criminal Division, which processes paperwork from police departments, state law and ordinance prosecutors. Cases involve misdemeanor offenses, both traffic and non-traffic.
• Probation Department, which is responsible for supervision of probationers, conducting pre-sentence investigations, alcohol assessments, and probation violation hearings.

The presiding judges in the court are the Hon. Julie A. Nicholson, the Hon. Nancy T. Carniak, and the Hon. Lisa L. Asadoorian. Anyone who has been ordered to appear in the 52-3 District Court understands how difficult this court can be for criminal defendants and the like. It is imperative that you have an attorney who knows what to expect when entering into this court. The judges are hard nosed, rough and tough, and are sometimes unpredictable. 

Always remember that the court nor its officers or agents are allowed to provide you with legal advice. It is necessary that you contact an attorney who will provide you with legal solutions. Contact Josh Jones 7-days a week. He specializes in Criminal Defense (all Felonies and Misdemeanors) and Marihuana Defense. 

67th District Court - Genesee County - Michigan - Marihuana Defense Lawyer - Josh Jones - Criminal Defense

67^th District Court – Genesee County, Michigan

The court is located at 630 S. Saginaw St., Flint, Michigan 48502, between 2^nd and 3^rd Street. The court currently has six (6) judges presiding within its walls:

CHIEF JUDGE MARK MCCABE

CHIEF JUDGE PRO TEM LARRY STECCO

JUDGE JOHN CONOVER

JUDGE MARK LATCHANA

JUDGE DAVID GOGGINS

JUDGE CHRISTOPHER R. ODETTE

The 67^h District Court separates its jurisdiction into multiple local district courts, but houses many of its hearings within a “central court,” which is the 67^th District Court. The local courts located within Genesee County, which makes up the 67^th “central” District Court include the GRAND BLANC COURT, FLUSHING COURT, BURTON COURT, DAVISON COURT, MT. MORRIS COURT, and FENTON COURT.

The court oversees the following issues: parking citations, traffic violations, criminal misdemeanors, and preliminary examinations in felony cases. This can be a difficult court to navigate if you have never been ordered to appear before it. Many criminal issues, such as misdemeanors will be heard at the “central court” location; however, civil infractions and other various matters can be heard at the local district court locations—see those individual court webpages for directions and locations. It is essential to hire an attorney who understands which court you need to appear at for your legal matter, but its even more imperative for them to understand the internal workings of that particular court.

Traffic fines can be found here. The court will also oversee and handle misdemeanor and felony arraignments, issue arrest and search warrants, set bail and accept bonds, preside over preliminary examinations for felony offenses, and oversee the disposition of misdemeanor crimes and infractions. Remember, the court will oversee incidents, crimes and legal matters that take place in the jurisdictions located in the above named courts. The 67^th district court covers all of Genesee County, except for the City of Flint. See the 68^th District Court post.

Contact Josh Jones today. He is familiar with the 67^th District Court and will take care of your legal matter with professionalism. He is available to speak with you 7-days a week. He specializes in Criminal Defense (all Felonies and Misdemeanors) and Marihuana Defense. 

68th District Court - City of Flint - Michigan Criminal Defense - Attorney Josh Jones - Felonies & Misdemeanors

68^th District Court – Flint, Michigan

The court is located at 630 S. Saginaw St.., Flint, Michigan 48502, between 2^nd and 3^rd Street. The court currently has five (5) judges: Hon. William H. Crawford, Hon. Tracy Collier-Nix, Hon. M. Cathy Dowd, Hon. Herman Marable, Jr., Hon. Nathaniel C. Perry. The court administers name is Paula J. McGlown and she will oversee the majority of the court’s docket.

The 68^th District Court has jurisdiction over legal matters that are committed or located in the City of Flint. Even with a small area and only one “district” to oversee, the court sees a large amount of claims, tickets and legal matters. The court handles misdemeanors, traffic violations, parking tickets, and felony warrants and arraignments. Traffic fine amounts can be found here. 

With the city’s large amount of crime and oversight by State Police the City of Flint has now become a hot ground for criminal charges being issued. Make sure that when you are dealing with legal matters, criminal or traffic, that you have the right attorney handling your case.

Contact Josh Jones today. He is familiar with the 68^th District Court and will take care of your legal matter with professionalism and is available to speak with you 7-days a week. Specializing in Criminal Defense and Marihuana Defense in all of Michigan. 

Controlled Substance Conviction Consequences - Part 2 - Michigan Criminal & Marihuana Lawyer - Josh Jones - ALL Felonies & Misdemeanors

Part II – Collateral Consequences For Controlled Substance Convictions: Housing & Public Benefits

When it comes to controlled substance (or drug) charges here in the State of Michigan, the legislature has drafted a strict set of consequences to inflict onto those convicted of the various types of crimes. Not only are there fines, possible jail time, possible drivers’ license sanctions, and other requirements when convicted of a drug crime, but there are also possible consequences that involve an individual’s housing or public benefits.

The following areas involve possible consequences, and each provides a brief outline of those consequences.

1.    Housing

a.     Private landlords

Private landlords may evict an individual for criminal activity related to the tenancy, which is common in drug cases. Furthermore, private landlords may also deny housing because of a criminal record. A lease or agreement between two individuals is a contract, and thus the terms in that contract are binding, which usually involves provisions about drug activity, use or the like.

b.     Conventional public housing and section 8 subsidies:

   

   Admission to programs: Relevant Authority: 24 CFR Subpart B - Admission

There is a mandatory denial of housing for individuals convicted of methamphetamine production. There is a presumption for denial is an individual has been convicted of a drug crime, which includes a family member engaging in illegal drug use. Moreover, there is a discretionary denial for any drug-related criminal activity, and thus an applicant may be required to exclude a family member who has participated in or has been culpable for criminal, alcohol, or drug-related activity.

Termination or eviction: Relevant Authority: 42 USC 1437d; 24 CFR 966.4

Mandatory termination is required for individuals convicted of methamphetamine production. However, there is discretionary termination for individuals engaged in illegal drug use. Discretionary termination is present when a tenant, a member of the tenant’s household, or a guest engages in any drug-related criminal activity on or off the premises or if any other person under the tenant’s control engages in any drug-related activity on the premises. Public Housing Authorities have the authority to evict individuals for drug-related criminal activity even if the tenant did not know, could not foresee, or could not control the behavior of other occupants or guests.

2.     Public benefits: Relevant Authority: 21 USC 862a BEM 203

Permanent revocation for an individual convicted of a drug-related felony, and thus he or she cannot receive federal cash assistance or food stamps during his or her lifetime. States are allowed to opt into or out-of that provision. In Michigan, individuals with one prior felony drug conviction will remain eligible for benefits; however, those with more than one felony drug conviction, which occurred after 1996, are not. However certain benefits will be excluded from the ban, which include, but are not limited to, emergency medical services, certain public health benefits, drug treatment programs, Medicaid, Social Security disability, and supplemental Social Security income. If considering moving to another state and having prior felony drug convictions research is advised because other states do enforce the ban described above.

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.

Controlled Substance Conviction Consequences - Part 1 - Michigan Criminal & Marihuana Lawyer - Josh Jones - ALL Felonies & Misdemeanors

Part I – Collateral Consequences For Controlled Substance Convictions: Employment & Student Loans

When it comes to controlled substance (or drug) charges here in the State of Michigan, the legislature has drafted a strict set of consequences to inflict onto those convicted of these various types of crimes. Not only are there fines, possible jail time, possible drivers’ license sanctions, and other requirements when convicted of a drug crime, but there are also possible consequences that involve an individual’s career, financial aid or other areas of an individual's life (which will be discussed in Part II - Collateral Consequences For Controlled Substance Convictions: Housing & Public Benefits).

The following areas involve possible consequences, and each provides a brief outline of those consequences.

1.     Employment

Health professionals: Relevant Authority: MCL §333.16221(b); Mich. Admin. Code R. 338.3145. A summary suspension of the license will occur if an individual is convicted of a misdemeanor controlled substance crimes involving delivery, possession or use. Individuals previously convicted of a controlled substance crime and currently under a sentence for that conviction cannot work as pharmacists or in related jobs. Moreover, an individual’s controlled substance license would be invalid if suspended, revoked or denied because of a drug crime conviction.

Long-Term Care (adult foster care facilities, nursing homes, hospices, etc.): Relevant Authority: 42 USC 1320a-7; MCL § 330.1134a, MCL § 333.20173a, MCL § 333.20173b. If an individual is convicted of a felony relating to manufacturing, distributing, prescribing, or dispensing of a controlled substance after August 21, 1996, then a lifetime ban in the field will attach to that individual. An individual is banned for five years after the conviction for certain misdemeanor controlled substance offenses, which are listed in the statute, and involve the creation, delivery, possession, or use of a controlled substance. An individual under the age of 18 generally receives a one-year suspension from the date of conviction for most misdemeanor controlled substance offenses. 

Private Security, Security Guard, Security Alarm Contractor: Relevant Authority: MCL § 338.1056(1)(e), MCL § 338.1060(1)(c), MCL § 338.1067. An individual is not allowed to have a conviction involving a controlled substance within the last five years, which includes felonies and/or misdemeanors. Therefore, a 5-year gap rule applies.

2. Federal student loans: Relevant Authority: 20 USC 1091(r)(1) IRC 25A(b)(2)(D). The Federal law suspends an individual’s eligibility for any grants, loans, or work assistance when he or she is convicted (either by state or federal) of a controlled substance that involves the possession or sale of a controlled substance and while receiving student aid. Furthermore, Federal law denies the hope tax credit to a student and his or her family if he or she has a prior felony drug conviction. In possession cases, the period of suspension begins on the date of conviction and will last one-year. There is an enhanced suspension of two years for a second possession offense and complete revocation for a third offense. A delivery drug conviction brings about a two-year suspension for the first conviction and complete revocation for a second conviction. However, there are waiver or rehabilitation provisions that are available to some individuals.

Please stay tuned and look for PartII - Collateral Consequences For Controlled Substance Convictions: Housing & Public Benefits. 

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.