Friday, June 28, 2013

Open Intoxicants - MCL 257.624a - Josh Jones - Michigan Criminal Lawyer - ALL FELONIES AND MISDEMEANORS


Open Intoxicants – Open Alcohol In A Motor Vehicle

Did you know that if you are in a vehicle that is upon a highway or otherwise open to the general public or generally accessible to motor vehicles you are not allowed to have an open container of alcohol? This applies to an individual driving or simply a passenger of the vehicle. See MCL § 257.624a.

The rule states that individuals are “not allowed to not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle.” MCL § 257.624a(1). The passenger area of a vehicle has been defined as: “the area designed to seat the operator and passengers of a motor vehicle while it is in operation and any area that is readily accessible to the operator or a passenger while in his or her seating position, including the glove compartment.” MCL § 257.624a(5)(d).

If an individual is convicted of this crime for a first time he or she will receive two (2) points on his or her drivers license. Also, a misdemeanor will be placed on the individual’s record. Moreover, if an individual is convicted of the crime two (2) times within 7-years then he or she will receive a 30-day suspension followed by 60-days of having a restricted license. An individual convicted three (3) will receive a 60-day suspension with a 305-day restricted.

It is imperative to know what happens to your license when you plead guilty to or are convicted of an alcohol or drug crime. An individual may also have to perform community service and undergo substance abuse counseling at the direction of the court.

What’s more important is knowing that your past criminal history, if involving alcohol or drugs, will only bring about more licensing issues and stiffer requirements while on probation. Other crimes can too have an impact on when you can drive again.

Contact a criminal defense attorney immediately if you are involved in any kind of criminal action. Who has you back? Josh Jones.

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.

Thursday, June 27, 2013

Resisting, Assaulting, Or Obstructing Police Officer - Josh Jones - Michigan Criminal Defense Lawyer - ALL FELONIES & MISDEMEANORS


Resisting, Assaulting, Or Obstructing A Police Officer - A Minor Act With Huge Consequences
A very common crime that is charged when an individual is arrested is resisting and obstructing a police officer. The one issue involved with this type of charge is that in order to be convicted very little action is needed.  MCL § 750.479 reads as follows: “A person shall not knowingly and willfully do any of the following [a]ssault, batter, wound, obstruct, or endanger” a police officer "acting in the performance of his or her [lawful] duties."
Therefore, any intentional force, touching, pulling, or otherwise resisting a police officer’s attempt to arrest and/or detain an individual can be charged with this time of crime. Not only are the facts usually against an individual defendant in such a case, but so is the potential punishment. An individual convicted of resisting and obstructing an officer will have a felony on his or her record and can face up to 2 years in jail and/or a $2,000.00 fine. Moreover, probation will be ordered and a court, while on probation, will likely order other requirements.
Not only are the punishments for this crime fairly steep, but the statute also does not limit the prosecution from tacking on other crimes that were involved in the incident. Furthermore, if the incident involves bodily injury, serious impairment, or death the possible punishment increases, ranging from 5 years to a possible 20 years in jail respectfully.
Many courts take these charges seriously, along with the prosecution. Make sure you have the right representation on your side when charged with resisting and obstructing a police officer.
Contact Josh Jones today. He knows the law, will fight for your rights, and always has your back. 
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. HOPE TO SPEAK WITH YOU SOON. 

Motor Vehicle Exceptions - Michigan Criminal Defense - Attorney Josh Jones - Warrantless Searches


Motor Vehicle Exception - Warrantless Search Explained

Once an individual motorist has been pulled over and the police officer has probable cause to search that particular vehicle a warrant will not be necessary in order to actually search the vehicle. This is known as the Motor Vehicle Exception to the Fourth Amendment’s requirement of a warrant for searches. The reasoning for such a rule is because of the easy ability for a vehicle to be readily mobile.

The rule generally states that an officer is allowed to search all compartments and areas of a vehicle, without the need for a warrant, if there is probable cause to believe that the particular area to be searched contains contraband. This can occur if the contraband is viewed in plain sight, meaning as the officer is near the vehicle and sees the contraband then he or she will have probable cause to search the vehicle. Moreover, this rule does not stop a police officer from searching the passengers of the vehicle when the individual to be searched has the ability to conceal or hold the suspected contraband.

Michigan law explains that a police officer will have probable cause to search a vehicle if he or she smells marijuana coming from the vehicle. However, it can and should be argued that if a police searches the passenger compartment of a vehicle, because he or she smelled burnt marijuana, yet did not discover any contraband during the search then he or she may be precluded from searching the trunk compartment of the vehicle. Michigan courts have yet to answer this specific question; on the other hand, the United States Supreme court does have precedent indicating that an officer may not continue to search when he or she has come up empty handed.

Contact Josh Jones today. He has your back. He will explain the law to you, make sure you understand your rights, and will maintain any and all rights as allowed by the law. 

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.

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

Wednesday, June 26, 2013

67th District Court - Genesee County - Michigan Criminal Defense & Marihuana Defense Lawyer - Josh Jones


67th District Court – Genesee County, Michigan

The court is located at 630 S. Saginaw St., Flint, Michigan 48502, between 2nd and 3rd Street. The court currently has six (6) judges presiding within its walls:

CHIEF JUDGE MARK MCCABE
CHIEF JUDGE PRO TEM LARRY STECCO
JUDGE JOHN CONOVER
JUDGE MARK LATCHANA
JUDGE DAVID GOGGINS
JUDGE CHRISTOPHER R. ODETTE







The 67h District Court separates its jurisdiction into multiple local district courts, but houses many of its hearings within a “central court,” which is the 67th District Court. The local courts located within Genesee County, which makes up the 67th “central” District Court include the GRAND BLANC COURT, FLUSHING COURT, BURTON COURT, DAVISON COURT, MT. MORRIS COURT, and FENTON COURT.

The court oversees the following issues: parking citations, traffic violations, criminal misdemeanors, and preliminary examinations in felony cases. This can be a difficult court to navigate if you have never been ordered to appear before it. Many criminal issues, such as misdemeanors will be heard at the “central court” location; however, civil infractions and other various matters can be heard at the local district court locations—see those individual court webpages for directions and locations. It is essential to hire an attorney who understands which court you need to appear at for your legal matter, but its even more imperative for them to understand the internal workings of that particular court.

Traffic fines can be found here. The court will also oversee and handle misdemeanor and felony arraignments, issue arrest and search warrants, set bail and accept bonds, preside over preliminary examinations for felony offenses, and oversee the disposition of misdemeanor crimes and infractions. Remember, the court will oversee incidents, crimes and legal matters that take place in the jurisdictions located in the above named courts. The 67th district court covers all of Genesee County, except for the City of Flint. See the 68th District Court post.

Contact Josh Jones today. He is familiar with the 67th District Court and will take care of your legal matter with professionalism. He is available to speak with you 7-days a week. He specializes in Criminal Defense (all Felonies and Misdemeanors) and Marihuana Defense