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.

50th District Court - Pontiac, Michigan - Oakland County - Michigan Marihuana Lawyer, Josh Jones

50th District Court – Pontiac, Michigan, Oakland County

The 50^th District Court is located downtown Pontiac at 70 N. Saginaw, Pontiac, MI 48342 (Map), and it houses four judges:

• Hon. Cynthia Thomas Walker, Chief Judge
• Hon. Preston G. Thomas, Chief Judge Pro-Tempore
• Hon. Ronda M. Fowlkes Gross, District Judge
• Hon. Michael C. Martinez, District Judge

The District Court oversees and has jurisdiction over all city-ordinance violations and criminal misdemeanors committed within the City of Pontiac. The court will also handle and hold both felony District Court arraignments and preliminary exams, prior to dismissal or bind-over to Circuit Court. Moreover, the court handles misdemeanor arraignments and cases, the setting and acceptance of bail, and bench and jury trials. 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. The Court House business hours are from 8:00 A.M. to 4:30 P.M., Monday through Friday. Of course, it is closed on holidays and weekends. There is a 24 accessible drop-box for payments on the front of the Court House. The Court also accepts credit cards for payments and fines.

It is imperative to contact the court prior to making payment to ascertain the exact amount owed.

To check the status of your case click here. Also take note that the following is prohibited inside the Court House: wearing SHORTS, SKORTS, SLEEVELESS SHIRTS, TANK TOPS, CUT-OFFS, HATS/CAPS, not wearing shoes.

When you are being criminally charged, need to take care of that traffic ticket, or need someone to fight for you…whose got your back? Josh Jones is the answer. He provides you with the best legal representation, so you are never lost, confused or worried. Contact use by phone, text, email or instant message.

44th Circuit Court in Livingston County, Michigan - Josh Jones - Michigan Marihuana Lawyer - Handling All Felonies & Misdemeanors

44^th Circuit Court – Livingston 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 Livingston County and the townships, cities and villages located within. The court is located at 204 S. Highlander Way, Howell, MI. The courthouse is known as the Trial Court and houses the circuit court and district court all in one building. The courthouse hours are 8:00 A.M. to 5:00 P.M. Monday through Friday, excluding holidays.

Two Judges oversee the court’s docket on a daily basis: Honorable Stanley J. Latreille (Chief Judge) and Honorable David Reader. The court takes a strong stance on dangerous crimes and appropriately addresses all less severe crimes. It has recently been a part of a huge Federal criminal case involving the I-96 shooter—only some of the incidences involved occurred within court’s jurisdiction.

The criminal division of the court will oversee all felony 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 also oversees the filing of personal protection orders (PPOs) and other various legal matters both civil and criminal, including crimes committed by juveniles within the court’s jurisdiction.

If you believe you have a hearing or have forgotten the date of your scheduled hearing you can check the court calendar here.  

Make sure you contact the right attorney to handle your criminal case. The Law Office of Josh Jones is here for your 7-days a week and can be reached by phone, text, email or instant message. We know the courts. We understand your stress and worry. In the end, we work hard at making sure you have a successful tomorrow.  

67-2 District Court, Davison Michigan - Josh Jones - Michigan Marihuana Lawyer

67^th District Court: 2^nd Division A - Davison, Michigan

The court is located at 200 E. Flint St., Ste. 3, MI. Judge John L. Conover oversees the court’s criminal docket and Magistrate Cora Gregory assists with Arraignments traffic infractions.

The court has jurisdiction of legal matters occurring in Davison Township, Forest Township, Richfield Township, Atlas Township, City of Davison, Village of Goodrich, and Village of Otisville. 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 Davison, 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. 

Michigan Criminal Defense - 67th District Court - 4th Division, Fenton, Michigan

67^th District Court: 4^th Division A - Fenton, Michigan

The court is located at 17100 Silver Parkway, Ste. C, Fenton, MI. Chief Judge Mark C. McCabe oversees the court’s criminal docket and Magistrate Rhonda Cary assists with Arraignments traffic infractions.

The court has jurisdiction over Fenton Township, Argentine Township, Gaines Township, Clayton Township, Fenton City, Linden City, Swartz Creek City, Village of Gaines and Village of Lennon. 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 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. 

67-1 District Court - Flushing Michigan - Josh Jones - Michigan Marihuana Lawyer

67^th District Court: 1^st Division – Flushing, Michigan

The court is located at 1415 Flushing Rd., Flushing, MI. Judge David J. Goggins oversees the court’s criminal docket and Magistrate Amy Clolinger assists with Arraignments traffic infractions.

The court has jurisdiction over Flushing Township, Flint Township, Vienna Township, Montrose Township, City of Flushing, City of Clio, and City of Montrose. 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 Flushing, 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. 

67-4 District Court, Grand Blanc, Michigan - Michigan Criminal Defense Lawyer, Josh Jones

67^th District Court: 4^th Division B - Grand Blanc, Michigan

The court is located at 8173 S. Saginaw Street, Grand Blanc, MI 48439. Judge Christopher R. Odette oversees the court’s criminal docket and Magistrate Rhonda Cary assists with Arraignments traffic infractions.

The court has jurisdiction over Grand Blanc Township, Mundy Township and Grand Blanc 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 Grand Blanc, 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.

52-4 District Court - Michigan Marihuana Lawyer - Josh Jones - Troy, Michigan

52^nd District Court – 4^th Division: Troy, Michigan

Have you been arrested? Are you being or have you been ordered to appear at the 52-4 District Court in Troy, Michigan for a crime, traffic violation or probation violation? Knowing the court that you have to appear in and deal with is critical for you and your case.

The court is comprised of four (4) divisions including:

Traffic Division deals with citations written by police departments.

Civil Division handles cases that involve money or damage claims, and landlord/tenant disputes.

Criminal Division processes paperwork from police departments, state law and ordinance prosecutors. Cases involve misdemeanor offenses, both traffic and non-traffic. The Court will also oversee the beginning process of all felonies committed within its jurisdiction.

Probation Department responsible for conducting Pre-sentence Investigations, Alcohol Assessments, and Probation Violation Hearings.

The court oversees legal matters located or committed in Troy and Clawson. It has three (3) judges: William E. Bolle-Presiding Judge, Dennis C. Drury, Kirsten Nielsen Hartig and a large support staff provide quality judicial services to southeast Michigan residents. These judges are tough but can be fair, and thus you need to make sure you obtain the proper representation when dealing with any court, such as the 52-4 District Court.

The Speeding, Civil Infraction and Driver’s License/Plate Violation Fines for the court can be found here. For traffic violations, the prosecutor tend to require individuals to complete a drivers class in lieu of a reduced violation, e.g. from a 1-15 over to a impeding.

Make sure you obtain the right representation for your case—someone who takes the time to get to know your district court. Contact Josh Jones today and let him help you. 

52-2 District Court - Josh Jones - Michigan Marihuana Lawyer - Clarkston, Michigan - ALL FELONIES & MISDEMEANORS

52^nd District Court – 2^nd Division: Clarkston, Michigan

Have you been arrested? Are you being or have you been ordered to appear at the 52-2 District Court in Clarkston, Michigan for a crime, traffic violation or probation violation? Knowing the court that you have to appear in and deal with is critical for you and your case.

The court is separated into four (4) primary divisions including:

Traffic Division deals with citations written by police departments.

Civil Division handles cases that involve money or damage claims, and landlord/tenant disputes.

Criminal Division processes paperwork from police departments, state law and ordinance prosecutors. Cases involve misdemeanor offenses, both traffic and non-traffic. The Court will also oversee the beginning process of all felonies committed within its jurisdiction.

Probation Department conducts Pre-sentence Investigations, Alcohol Assessments, Probation Supervision, and Probation Violation Hearings.

The court oversees matters involved in Clarkston, Brandon Township, Holly Township, Groveland Township, Independence Township, Rose Township, Springfield Township, White Lake Township, City of the Village of Clarkston, Village of Holly, and Village of Ortonville.

This court has two (2) judges presiding within its walls: Joseph Fabrizio and Kelley Kostin and a full support staff to provide quality judicial services to southeast Michigan residents within their jurisdiction. These judges are tough but can be fair, and thus you need to make sure you obtain the proper representation when dealing with any court, such as the 52-4 District Court.

The Speeding, Civil Infraction and Driver’s License/Plate Violation Fines for the court can be found here.

Make sure you obtain the right representation for your case—someone who takes the time to get to know your district court. Contact Josh Jones today and let him help you. 

52-1 District Court - Novi, Michigan - Michigan Marihuana Lawyer, Josh Jones

52^nd District Court – 1^st Division: Novi, Michigan

Have you been arrested? Are you being or have you been ordered to appear at the 52-1 District Court in Novi, Michigan for a crime, traffic violation or probation violation? Knowing the court that you have to appear in and deal with is critical for you and your case.

The court is comprised of five (5) divisions including:

Administration

Civil Division handles cases that involve money or damage claims, and landlord/tenant disputes.

Criminal Division processes paperwork from police departments, state law and ordinance prosecutors. Cases involve misdemeanor offenses, both traffic and non-traffic. The Court will also oversee the beginning process of all felonies committed within its jurisdiction.

Probation Division conducts pre-sentence investigations, alcohol assessments, probation supervision, and probation violation hearings.

Ticket Division deals with citations written by police departments.

The court will cover criminal or civil violations that occur in Commerce Township, Highland Township, Lyon Township, Milford Township, Novi, Novi Township, South Lyon, Village of Milford, Village of Wolverine Lake, Walled Lake, and Wixom.

This court has three (3) judges: Brian W. MacKenzie, Dennis N. Powers, and Robert Bondy; and a support staff of over fifty (50) full- and part-time employees working throughout its offices. These judges are tough but can be fair, and thus you need to make sure you obtain the proper representation when dealing with any court, such as the 52-1 District Court. The 52-1 has had numerous newsworthy cases walk through its doors, including the I-96 shooter.

The Speeding, Civil Infraction and Driver’s License/Plate Violation Fines for the court can be found here.

Make sure you obtain the right representation for your case—someone who takes the time to get to know your district court. Contact Josh Jones today and let him help you.

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.