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.

Miranda Rights - Constitutional Rights - Michigan Marihuana Lawyer - Josh Jones

WHAT ARE THE “MIRANDA” RIGHTS?


In 1966, the U.S. Supreme Court decided the historic case of Miranda v. Arizona, declaring that a person taken into custody must be read his or her rights before being questioned. Those rights are enforceable through the Fifth Amendment right not to make any self-incriminating statements against himself or herself. As a result of Miranda, an individual in police custody must be told that he or she has the right:

1. To remain silent.


2. Anything you say can and will be used against you in a court of law.

3. You have the right to an attorney.

4. If you cannot afford an attorney, one will be appointed for you.

Read the historic U.S. Supreme Court decision here Miranda v Arizona.

What if police fail to advise me of my Miranda Rights?

When questioned, a suspect in custody without first being read his or her Miranda warnings then any statement or confession made maybe presumed involuntary and cannot subsequently be used against the suspect during his or her criminal case involving the matter. Any evidence discovered as a result of that statement or confession maybe suppressed unable to be presented during trial.

Suppose that “John” is walking down the street and Officer X was walking on the other side of the street at the same time. Because Officer X is an outstanding police officer and looks over every single warrant notice that the department issues, he recognizes “John” from a warrant he saw last week (which included the booking picture of “John”). 

Officer X walks over to “John” and asks him his name. “John” replies and Officer X calls the station to determine if this is in fact the “John” that has a warrant issued for his arrest. This is the correct “John,” and the warrant was issued for failure to appear at a hearing for a current criminal case pending involving “John.” Officer X subsequently arrests him and takes him back to the police station. He is never read his Miranda rights, shortly after “John” is booked at the station, Officer X puts “John” in the room where he is questioned for 30 minutes. Officer X still never read him his Miranda rights. During the interrogation, which was custodial, “John” made numerous incriminating statements about his criminal case that was still pending at the court.

The incriminating statements made by “John” would likely be suppressed when it came to trial, which means that the prosecutor working on the case would not be able to use the statements as evidence against John when prosecuting him for the crime. However, this would not preclude prosecution altogether, at least with regards to the facts as noted. Of course, the statements are only likely to be suppressed, and this is said because many situations, especially when dealing with the law, are not always black and white.

Circumstances can influence and/or change the outcome of any case, for better or worse. This article was supposed to point out that these things, such as Miranda rights, are key to defending any individual’s Constitutional and Moral rights. It is a defense lawyer’s job to notice these things, pull them out of the case, and determine if it will stick. If it does then we take a shot at it, if we advise. 

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. 

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. 

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.