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.

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:

Criminal Division

Civil Division

Traffic Division

Probation Division

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:

Criminal Division

Civil Division

Traffic Division

Probation Division

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.

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. 

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. 

Judges & Medical Marihuana Immunity [People v Jones] - MMMA Case - Michigan Marihuana Lawyer, Josh Jones

Judges Deciding Immunity - People v Jones

On July 9, 2011, the Michigan Court of Appeals brought about further interpretation on the Michigan Medical Marihuana Act (aka MMMA). More specifically, People v Jones explained that the decision of Section 4 Immunity is left up to the judge, but in what cases or circumstances?

Generally, an issue of fact (or a factual issue) is to be decided by a Jury (or the trier of fact), yet an issue of law (or a legal issue) is to be decided by the judge. This is long standing procedure. However, here in the State of Michigan and in certain situations and instances a judge still determines factual issues within a case. These situations include entrapment, voluntariness of statements, suppression of physical evidence, or consenting to search, to name a few.

The issues at hand in the Jones case dealt with whether or not the Defendant was a resident of the State at the time of her application and whether she was possessing marihuana for the medical use as a caregiver and patient.

The court paralleled Section 4 to the Entrapment Defense, and ultimately determined that Section 4 “fact-finding is a question for the trial court to decide. Accordingly, the trial court’s decision finding that [Section] 4 immunity fact-finding is a question for the jury is reversed.” Jones. 

Michigan Marihuana Lawyer - OUTLINING Deferral/Diversion Statutes, Generally - Josh Jones - 7/17/2013

1. Domestic Violence Cases, MCL 769.4a


2. Controlled Substance Cases MCL 333.7411 “7411″


3. Delayed Sentencing MCL 771.1


4. Holmes Youthful Trainee Act (HYTA) MCL 762.11


5. Minor in Possession of Alcohol MCL 436.1703 (3)

1. DOMESTIC VIOLENCE CASES

MCL 769.4a authorizes a court, without entering a judgment of guilt and with the consent of the accused and of the prosecuting attorney in consultation with the victim, to defer further proceedings in an assault and battery case when an individual who has not been convicted previously of an assaultive crime pleads guilty to, or is found guilty of, assault and battery under MCL 750.81 AND 81A. The victim of the assault must be the offender’s spouse or former spouse, an individual who has a child in common with the offender, an individual who has or has had a dating relationship with the offender, or an individual residing in the same household as the offender. THIS DEFERRAL can be utilized only if the accused has no prior assaultive conviction. For law enforcement purposes, although a judgment of guilt is not entered, the arrest and the disposition by utilization of the deferral statue will appear on the criminal record of the defendant.

2. CONTROLLED SUBSTANCE CASES

Another deferral statue that may be available to a defendant is MCL 333.7411, “7411.” This law allows for an individual who has been charged with a non-major drug offense to walk away without a drug conviction after successful completion of the court’s sentence. Non-major drug offenses are usually simple possession of controlled substance offenses for marijuana, cocaine, heroin, or ecstasy. Major offenses not “7411″ eligible are offenses that involve delivery or manufacture of drugs, including possession with intent to deliver and maintaining a drug house.

3. DELAYED SENTENCING

This is not technically a deferral, although MCL 771.1 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 substances offenses. This deferral does not require the prior consent of the accused, the prosecutor, or the victim.

4. HOLMES YOUTHFUL TRAINEE ACT (HYTA)

MCL 762.11, is another deferral law that has specific age restrictions. To receive HYTA consideration, a defendant must have committed the crime charged between the ages of 17 and 21. HYTA is not allowed for a number of offenses, including all offenses for which the penalty is life, all traffic offenses, and most criminal sexual conduct offenses. MCL 762.11 (2), (3). As with the other deferral statues, HYTA will allow for a non-public record of the offense. Additionally, you must satisfy all the sentence requirements of the court.

5. MINOR IN POSSESSION OF ALCOHOL (MIP)

MCL 436.1703(3) authorizes a court, after fulfillment of the terms and conditions of probation, to discharge the defendant and dismiss the proceedings. To qualify for this deferral the defendant must not have been previously been convicted of or received a juvenile adjudication for being a minor who purchased or attempted to purchase alcoholic liquor, consumed or attempted to consume alcoholic liquor, possessed or attempted to possess alcoholic liquor, or had any bodily alcoholic content.

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.

People v Carruthers - Usable Marihuana Defined - July 12, 2013 - Michigan Marihuana Lawyer - MMMA - JOSH JONES

The Plain-Meaning Definition Of “Usable Marihuana

The Court of Appeal on July 11, 2011, provided an opinion that was high in parts, yet very low in other parts. See People v Carruthers. The court specially and repeatedly stated that resin (or THC extract) based brownies are not considered to be “usable marihuana” as explained in Section 4 (Immunity). However, the court also explained that because resin brownies are not considered to be “usable” an individual in possession of such brownies does not qualify for Section 4.

The court, in essence, found a loophole around qualifying an act, involving marihuana, as being covered by Section 4, similarly as the Michigan Supreme Court in People v McQueen found.

So…. Usable Marihuana is what?

Usable Marihuana is defined as:

“dried leaves and flowers of the marihuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant.” MCL § 333.2642(3)(k). 

Therefore, usable marihuana does not include all parts of the marihuana plant, meaning the resins, nor “every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin.” Marihuana on the other hand includes “all parts” of the cannabis plant, as well as “the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. See People v Carruthers.

The court dealt with the resin based product known as “Cannabutter,” which contained THC extract. The THC extract can be taken from any part of the plant, and it would still, under the Court of Appeals opinion, not be considered “usable marihuana” under the Michigan Medical Marihuana Act (aka MMMA).

So in the end, the Court of Appeals narrowed the definition of what constitutes “usable marihuana,” and explained that substance must contain plant material in order to be considered or attempting consider it “usable,” as required by Section 4. It also went on to explain that Section 8 (Affirmative Defense) does not maintain a narrow definition for marihuana used to treat or alleviate a medical condition. Therefore, it allows for Section 8 to be used when edibles are involved in the factual basis of the act at issue.

The court, however, did note that the potency of resin brownies, under a Section 8 defense, would come into play when determining whether the individual possessed an amount reasonably necessary to alleviate or treat the medical condition.  The court stated that “[g]iven the unmeasurable nature of the highly potent THC contained in such edibles, the health and welfare of Michigan citizens would be threatened, and prosecutions for possession and use of edibles containing higher-than-allowed quantities of THC would be systematically thwarted.” See People v Carruthers.

It is always necessary to know the law, know your rights, and maintain your ability to fight, especially when dealing with the MMMA. This opinion has made Section 4 narrower and more specific on what you can and cannot do in order to qualify for Immunity. So who has your back when you want to smoke or munch carefree?