Showing posts with label Use. Show all posts
Showing posts with label Use. 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.

Friday, July 26, 2013

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


51st District Court – Waterford, Michigan – Oakland County

The 51st 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),
Marihuana Defense (medical or non-medical), and

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


51st District Court – Waterford, Michigan – Oakland County

The 51st 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),
Marihuana Defense (medical or non-medical), and

Friday, July 19, 2013

Beek v Wyoming - Rights of Michigan Medical Marihuana Act [MMMA] - Michigan Marihuana Lawyer, Josh Jones


The Michigan Court of Appeals held that a city could not completely ban the use and cultivation of Medical Marijuana. See Beek v City of Wyoming. The individual challenging a city ordinance argued that the ordinance was in conflict with State law, which makes the ordinance unconstitutional. The City, on the other hand, argued that it was following Federal law, or more precisely the federal Controlled Substance Act (CSA), and thus the Federal law preempted State law, which would allow its ordinance to be enforceable.

The court had to determine this issue through statutory interpretation, which meant looking to the intent of the laws called into question, including the Michigan Medical Marihuana Act (MMMA), the City of Wyoming ordinance, and the CSA. The court explained that the ordinance provided for civil sanctions, yet the MMMA immunity forbids any penalty when acting within the scope and confines of the Act’s provisions.

Moreover, the federal law does not preempt (or overrule) the MMMA because States are allowed maintain specific police powers while the Federal Government enforces its own enactments. The Feds cannot require or mandate States to enforce federal statutes or enactments. Further, even though the Feds are allowed to pass laws criminalizing medical marihuana, it cannot require a State to do the same.

Therefore, the MMMA can be used by anyone within the state, in any county, so long as the individual qualifies for the act and follow it requirements. A city does not have the right to enforce an outright ban on Medical Marihuana.

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.

Wednesday, July 17, 2013

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.

Monday, July 8, 2013

Michigan Marihuana Lawyer - Controlled Substance Crimes - Section 7411 Delay


MCLA 333.7411 POSSESSION OF MARIJUANA
PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978
333.7411 Probation of individual with no previous conviction; entering adjudication of guilt upon violation of probation; discharge and dismissal without adjudication of guilt; nonpublic record of arrest and discharge and dismissal; effect of civil fine for first violation; requiring individual to attend course of instruction or rehabilitation program; failure to complete instruction or program as violation of probation; screening and assessment; participation in rehabilitative programs; payment of costs; failure to complete program as violation of probation.
Sec. 7411.
(1) When an individual who has not previously been convicted of an offense under this article or under any statute of the United States or of any state relating to narcotic drugs, coca leaves, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under section 7403(2)(a)(v), 7403(2)(b), (c), or (d), or of use of a controlled substance under section 7404, or possession or use of an imitation controlled substance under section 7341 for a second time, the court, without entering a judgment of guilt with the consent of the accused, may defer further proceedings and place the individual on probation upon terms and conditions that shall include, but are not limited to, payment of a probation supervision fee as prescribed in section 3c of chapter XI of the code of criminal procedure, 1927 PA 175, MCL 771.3c. The terms and conditions of probation may include participation in a drug treatment court under chapter 10A of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1082. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this section shall be without adjudication of guilt and, except as provided in subsection (2)(b), is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions under section 7413. There may be only 1 discharge and dismissal under this section as to an individual.
(2) The records and identifications division of the department of state police shall retain a nonpublic record of an arrest and discharge or dismissal under this section. This record shall be furnished to any or all of the following:
(a) To a court, police agency, or office of a prosecuting attorney upon request for the purpose of showing that a defendant in a criminal action involving the possession or use of a controlled substance, or an imitation controlled substance as defined in section 7341, covered in this article has already once utilized this section.
(b) To a court, police agency, or prosecutor upon request for the purpose of determining whether the defendant in a criminal action is eligible for discharge and dismissal of proceedings by a drug treatment court under section 1076(4) of the revised judicature act of 1961, 1961 PA 236, MCL 600.1076.
(c) To the state department of corrections, a law enforcement agency, a court, or the office of a prosecuting attorney upon request of the department, law enforcement agency, court, or office of a prosecuting attorney, subject to all of the following conditions:
(i) At the time of the request, the individual is an employee of the department, law enforcement agency, court, or office of prosecuting attorney or an applicant for employment with the department, law enforcement agency, court, or office of prosecuting attorney.
(ii) If the individual is an employee of the department, law enforcement agency, court, or prosecuting attorney, the date on which the court placed the individual on probation occurred after March 25, 2002.
(iii) The record shall be used by the department of corrections, law enforcement agency, court, or prosecuting attorney only to determine whether an employee has violated his or her conditions of employment or whether an applicant meets criteria for employment.
(3) For purposes of this section, a person subjected to a civil fine for a first violation of section 7341(4) shall not be considered to have previously been convicted of an offense under this article.
(4) Except as provided in subsection (5), if an individual is convicted of a violation of this article, other than a violation of section 7401(2)(a)(i) to (iv) or section 7403(2)(a)(i) to (iv), the court as part of the sentence, during the period of confinement or the period of probation, or both, may require the individual to attend a course of instruction or rehabilitation program approved by the department on the medical, psychological, and social effects of the misuse of drugs. The court may order the individual to pay a fee, as approved by the director, for the instruction or program. Failure to complete the instruction or program shall be considered a violation of the terms of probation.
(5) If an individual is convicted of a second violation of section 7341(4), before imposing sentence under subsection (1), the court shall order the person to undergo screening and assessment by a person or agency designated by the office of substance abuse services, to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. As part of the sentence imposed under subsection (1), the court may order the person to participate in and successfully complete 1 or more appropriate rehabilitative programs. The person shall pay for the costs of the screening, assessment, and rehabilitative services. Failure to complete a program shall be considered a violation of the terms of the probation.
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.

Wednesday, June 12, 2013

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.