Michigan Marihuana Lawyer: Misdemeanor

Showing posts with label Misdemeanor. Show all posts

Tuesday, August 13, 2013

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.

Monday, August 12, 2013

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.

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

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.

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.

Friday, July 26, 2013

51st District Court - Waterford, Michigan -- Oakland County - Michigan Marihuana Lawyer, Josh Jones

51^st District Court – Waterford, Michigan – Oakland County

The 51^st district court is located at 5100 Civic Center Drive, Waterford, MI 48329. The court is separated into four divisions, which include:

The court has exclusive jurisdiction over all misdemeanor criminal charges that occur within the Township of Waterford. Therefore, it will handle all misdemeanor and felony arraignments, setting and accepting bail for, bench and jury trials, misdemeanor sentencing, and preliminary examinations in felony case. It also handles all traffic cases including parking infractions, informal and formal hearings, and trials.

A schedule of traffic fines, costs and points can be found here. If you are simply looking to pay a traffic ticket or fine or have general inquires you may visit the Traffic Division during office hours, 8:00 A.M. to 4:30 P.M., Monday through Friday, excluding holidays. The court holds arraignments Monday through Friday 9:00 A.M. to 11:30 A.M. and 1:30 A.M. to 4:00 A.M.

It is imperative to have the right counsel by your side no matter the court you enter. Josh Jones has your back, so lawyer-up. He can provide you with following legal services:

Criminal Defense (All Felonies or Misdemeanors),

Probation Violations,

Traffic Offenses,

Marihuana Defense (medical or non-medical), and

Drivers License Restoration.

51st District Court - Waterford, Michigan -- Oakland County - Michigan Marihuana Lawyer, Josh Jones

51^st District Court – Waterford, Michigan – Oakland County

The 51^st district court is located at 5100 Civic Center Drive, Waterford, MI 48329. The court is separated into four divisions, which include:

It is imperative to have the right counsel by your side no matter the court you enter. Josh Jones has your back, so lawyer-up. He can provide you with following legal services:

Criminal Defense (All Felonies or Misdemeanors),

Probation Violations,

Traffic Offenses,

Marihuana Defense (medical or non-medical), and

Drivers License Restoration.

Wednesday, July 24, 2013

44th District Court - Royal Oak, Michigan - Michigan Marihuana Lawyer, Josh Jones

44^th District Court – Royal Oak, Michigan

The 44^th district court is located at 400 East 11 Mile Rd, Royal Oak, MI. The court maintains two sitting judges: the Honorable Derek Meinecke (2013 - Present) and the Honorable Terrence H Brennan (1991 - Present).

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, most misdemeanor cases, the setting and acceptance of bail, bench and jury trials, misdemeanor sentencing, and preliminary examinations in felony case. It also handles all traffic cases including parking, informal and formal hearings, and trials.

A schedule of traffic fines, costs and points can be found here. If you are simply looking to pay a traffic ticket or fine or have general inquires you may visit the Traffic Division during office hours, 8:00 A.M. to 4:30 P.M., Monday through Friday. The Traffic Division is located on the 1st floor of the Court Building.

It is imperative to know which court you must attend and which court you must deal with. 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.

We provide you with the best legal representation, so you are never lost, confused or worried. Contact us today so that we can begin to walk this path together.

Tuesday, July 23, 2013

67-3 District Court, Mt. Morris, Michigan - Genesee County - Michigan Marihuana Lawyer, Josh Jones

67^th District Court: 3^nd Division – Mt. Morris, Michigan

The court is located at 11820 N. Saginaw St., Mt. Morris, MI. Chief Judge Pro Tem Larry Stecco oversees the court’s criminal docket and Magistrate Cora Gregory assists with Arraignments traffic infractions.

The court has jurisdiction over Mt. Morris Township, Genesee Township and Mt. Morris City. In many instances and for many matters before the court, hearings will be held at the “Central Court” downtown in Flint at the Flyod McCree Building located at 630 S. Saginaw, Flint, MI.

The court oversees misdemeanor and felony arraignments, issues arrest and search warrants, sets bail and accepts bonds, and presides over preliminary exams for felony offenses while disposing of all civil infractions and misdemeanors. The traffic division located within the court processes traffic tickets. Defendants can admit responsibility by paying the ticket or admitting with explanation. There is also the process of setting the matter for a hearing (informal or formal). Make sure you obtain the best outcome for your case and contact an attorney for your traffic and criminal matters.

Traffic fines can be found here. You can check your record with the 67^th District Court here.

Contact Josh Jones today. He is familiar with the 67^th District Court, in Mt. Morris, and will take care of your legal matter with professionalism. He is available to speak with you 7-days a week by phone, text, email or instant message.

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.

Tuesday, July 16, 2013

6th Circuit Court - Oakland County, Michigan - Josh Jones - Michigan Marihuana Lawyer

6^th Circuit Court – Oakland County, Michigan

The Circuit Court is a division of the state judiciary, and it serves as a trial court of general jurisdiction serving all the citizens of Oakland County and the townships, cities and villages located within. The court is located at 1200 N. Telegraph Rd., Pontiac, MI. The court currently has two satellite offices for Adult Probation and Juvenile Probation. The court oversees the counties felony criminal charges, convictions, sentencing and probation.

The court will also oversee or has the jurisdiction to preside over misdemeanor cases and charges. This will generally happen when the misdemeanor charge is also attached to a felony charge. If you were in need or are looking to file a Personal Protection Order (i.e. a PPO), the 6^th Circuit court would be the proper court for such an order. More information can be found here. The Law Office of Josh Jones also will or can assist in filing and properly preparing a PPO on your behalf.

There are fourteen (14) judges that oversee the court’s criminal docket. Charges any particular judge will see ranges from trespassing to murder. The court see the worst of the worst, but also the dumbest of the dumbest when it comes to criminal charges. A list of these judges, along with their bios, can be found here.

The large number of judges makes it difficult to know the expectations of any particular criminal charge; however, that difficult can be minimized by having the appropriate counsel by your side when walking into the 6^th Circuit Court. The Law Office of Josh Jones understands the stress, pain and worry that criminal charges bring. We focus on taking the stress out of any criminal mess.

If you need to check the status of your criminal case, which may still be pending at the 6^th Circuit Court, click here and enter the appropriate information. The court also posts its holiday schedule here, which indicates dates the court is closes.

7th Circuit Court - Genesee County, Michigan - Michigan Marihuana Lawyer - Josh Jones

7^th Circuit Court – Genesee County, Michigan

The Circuit Court is a division of the state judiciary, and it serves as a trial court of general jurisdiction serving all the citizens of Oakland County and the townships, cities and villages located within. It is comprised of nine (9) elected judges, and additionally, it has 80 individual making up its clerical, professional and administrative staff. The court is responsible for overseeing the Public Defender Program, Court Services Division, County Law Library, Financial Services Division, Felony and Misdemeanor Matters, Adult Probation, and Jury Commission.

The court is located at 900 S. Saginaw, Flint, MI, and its doors open at approximately 8:00 A.M. Monday through Friday, except for Holidays when the court is closed. A list of holidays and days the court is closed can be found here. If you need to contact the court for any reason, a list of numbers and departments can be found here.

It is important to note and know that all persons will pass through metal detectors and x-ray machines in order to ensure that no weapons or illicit substances are brought into the courthouse, which includes cellphones with video capturing capabilities. The procedure for checking individuals when entering the courthouse will cause a short delay; however, be aware of this will cause the delay to be shortened dramatically.

The Circuit Court generally presides over felony criminal matters; however, it will also oversee or has the jurisdiction to preside over misdemeanor cases and charges. This will generally happen when the misdemeanor charge is also attached to a felony charge. The court see the worst of the worst, but also the dumbest of the dumbest when it comes to criminal charges.

The large number of judges makes it difficult to know the expectations of any particular criminal charge; however, that difficult can be minimized by having the appropriate counsel by your side when walking into the 7^th Circuit Court. The Law Office of Josh Jones understands the stress, pain and worry that criminal charges bring. We focus on taking the stress out of any criminal mess.

If you need to check the status of your criminal case, which may still be pending at the 7^th Circuit Court, click here and enter the appropriate information.

Thursday, July 11, 2013

Constructive Possession Explained - Michigan Marihuana Lawyer, Josh Jones - July 11, 2013

Constructive Possession - It Applies To All Sorts Of Items

The extension of possession without actually having possession is known as constructive possession. This means that an individual can be charged with a possession crime even though he or she may not actually and physically possess the criminal item or thing.

Constructive possession can only occur if the individual being charged has control or dominion over the thing in question. Meaning, for example, and individual who owns and holds the only key to a security box would always have constructive possession over it. Therefore, if contraband were found inside the box then the owner could be charged for the contraband because he would be the only individual who could access or control what goes in and out of the box. However, there must still be proof shown that the individual owner knew of the contents or existence.

The theories of possession, and thus constructive possession, vary according to statute and the particular item of contraband in question. For example, a conviction for felony-firearm under Michigan law requires knowledge of the firearm and the firearm being reasonably accessible to the defendant. However, for a controlled substance charged, an individual can or could be convicted of a possession charge simply by having it in his house, if he were the sole owner and knew of the substance.

So in the end, constructive possession cases that bring about criminal possession charges will be case-by-case dealings. They will revolve around the circumstances of each individual’s case.

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.