44th District Court - Royal Oak, Michigan - Oakland County - Criminal Defense Attorney, 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. 

King Of The Castle Doctrine - Firearms in Home - Michigan Criminal Defense Attorney, Josh Jones

The “king of the castle” defense is a very long running piece of law in Michigan. What it means is that if you are in your home and believe that you are in danger because another person has entered your home you are allowed to use deadly force. Because of this law, you would have a defense if you were ever charged with injuring the individual or killed him or her.

Moreover, Michigan allows an individual to use deadly force when he or she is in a position where they are unable to retreat and reasonable believe that he or she is facing life threating danger. This can occur in any place, even if open to the public. Of course, a case involving this type of defense will be based upon the circumstances and facts.

It is always advised to flee when you are put into a position that could be life threatening. However, Michigan does allow an individual to have options when put into such a position. They are not guaranteed, but there in the right circumstances.

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. 

Michigan Medical Marihuana - People v Nicholson - MMMA Cardholders - Patients and Caregivers - Criminal Defense Lawyer, Josh Jones

A short yet important topic that impacts Michigan Medical Marijuana patients and caregivers revolves around medical marijuana cards and paperwork. The Court of Appeals indicated that patients and caregivers must have their paper or medical marijuana card on them in order to receive protection under the Michigan Medical Marijuana Act (MMMA). See People v Nicholson.

The facts of the case, in Nicholson, indicated that the defendant was a passenger in a vehicle and was holding one ounce of marijuana. The defendant had applied for his medical marijuana card, yet he had not received actually it. Moreover, the paperwork that indicating he was authorization to use medical marijuana was in his own vehicle, which they were not driving at the time of the arrest.

The court inevitably concluded that immunity would not be granted to the defendant because he did not have his paperwork accessible to him at the time of arrest. However, the court went on to indicate that the defendant is immune from prosecution because he does possess his card prior to the time of prosecution. The court inevitably remanded the case back to the circuit court for further investigation into whether the activities on the date of arrest involved the medical use of marijuana.

Therefore, the issue, in Nicholson, came down to whether he had his card/paperwork prior to prosecution and whether his actions that lead to his arrest qualify as medical use as indicated in the MMMA. It should be noted that the defendant was arrested because he did not have his paperwork on him, which any medical marijuana patient and/or caregiver should take note of. You should ALWAYS carry your paperwork or card, even if you are not holding.

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. 

Nuisance Parties - Michigan Criminal Defense Lawyer, Josh Jones - July 23, 2013

Nuisance Parties - What Are They?

No one ever thinks about a party getting out of control, but it does and will happen, eventually. Nuisance parties can happen anywhere and at anytime. They are not limited to college towns, those over the age of 21, and can involve many situations and circumstances. Understand the consequences before inviting those hundred or few friends over for a "gathering."

A social gathering will turn into criminal charges if or when it becomes uncontrollable. More specifically, a nuisance party will exist if one or more of the following occurs:

•   Unlawful sale, furnishing or consumption of alcohol;

•   public drinking or drunkenness;

•   public urination or defecation;

•   littering, fights, destruction of property, loud noise or other forms of public disturbances; or

•   any other conduct that annoys or endangers the public or results in obscene or indecent behavior.

A nuisance party citation typically stems from local or city ordinances, and thus the fines and possible repercussions can and will very from area to area. A party may get out of hand, cops called, and individual's cited (including you the home owner), but that does not mean that all hope is lost.

Remember, the Law Office of JoshJones is here for you day or night, no matter the party size, the age of the client or crime committed. 

Importance - Traffic Stop - Michigan Criminal Defense Attorney, Josh Jones - July 22, 2013

Initial Traffic Stop - Importance

Not all individuals drive a motor vehicle, but it sure seems like it. With that said, many instances that involve Police Officers occur when an individual is driving on the roadways.  Police have a wide discretion when it comes to stopping a motor vehicle.

A Police Officer must have witnessed a traffic violation when making a traffic stop; this will continue to be effective when or if the officer has ulterior motives prior to making the stop. Therefore, once the police have a valid reason, such as a traffic violation, he or she is able to pursue his or her own investigation of the activities occurring inside that particular vehicle.

When looking at cases involving traffic stops, Defense Attorneys will start at the beginning. “Why was my client initially stopped or pulled over?” If the initial traffic stop is not valid, because there was no reason for pulling the vehicle over, then a crime that the police discovered after the stop may be precluded from being entered into evidence at trial. If this occurs the more serious crime that particular individual was facing could be dismissed.

With all of this said, it is important to know that police will be able to stop a vehicle for numerous or voluminous reasons. This rule of law is one of the first thought of by any Defense Attorney when he or she has a client that is charged with a crime that involved a motor vehicle.

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.

Judges & Medical Marihuana Immunity [People v Jones] - MMMA Case - Michigan Criminal 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 Criminal Defense Attorney, Josh Jones - Outlining Minor-In-Possession of Alcohol [MIP]

Minor-In-Possession of Alcohol -- It Happens A Lot 

The State of Michigan takes a strong stance on alcohol and drug related criminal offenses. This is shown by the zero-tolerance law followed when it comes to underage drinking, coined Minor in Possession (MIP).

If convicted of an MIP an individual can face a maximum $100 fine for his or her first offense, which may include rehabilitative treatment or prevention program, performing community service, and possible drug an/or alcohol screening, which would all be payable by the convicted defendant.

The one thing to remember is that underage drinkers have options when or if convicted of an MIP. In most instances, the minor will be granted into a diversion program. This means that the minor will be on probation for a specified time (usually around six-months) and upon successful completion of his or her probationary period the minor will have the case automatically dismissed by the prosecutor. Moreover, successful completion of probation will include completing all the terms of probation (ordered by the court or the designated probation officer) and paying all fines and costs issued by the court.

Facing any criminal charge (whether it is a felony or misdemeanor) can feel devastating. However, it does have to feel that way. With the right lawyer standing by you and walking with you through the court process you all your worries will be subsided. Call the Law Office of Josh Jones today for your free consultation. We focus on solutions, not problems.

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.