Showing posts with label Advice of Rights. Show all posts
Showing posts with label Advice of Rights. Show all posts

Monday, July 8, 2013

52-4 District Court - Troy, Michigan - Josh Jones - Michigan Criminal Defense Attorney


52nd District Court – 4th 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 JudgeDennis C. DruryKirsten 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. 

Sunday, July 7, 2013

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


52nd District Court – 2nd 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. 

Saturday, July 6, 2013

Novi Michigan - 52-1 District Court - Criminal Defense Lawyer - All Felonies and Misdemeanors


52nd District Court – 1st 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. MacKenzieDennis 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.

Wednesday, June 12, 2013

Miranda Rights - Constitutional Rights - Michigan Criminal Defense Lawyer - Josh Jones - ALL FELONIES & MISDEMEANORS


WHAT ARE THE “MIRANDA” RIGHTS?

In 1966, the U.S. Supreme Court decided the historic case of Miranda v. Arizona, declaring that a person taken into custody must be read his or her rights before being questioned. Those rights are enforceable through the Fifth Amendment right not to make any self-incriminating statements against himself or herself. As a result of Miranda, an individual in police custody must be told that he or she has the right:

1. To remain silent.

2. Anything you say can and will be used against you in a court of law.
3. You have the right to an attorney.
4. If you cannot afford an attorney, one will be appointed for you.
Read the historic U.S. Supreme Court decision here Miranda v Arizona.

What if police fail to advise me of my Miranda Rights?

When questioned, a suspect in custody without first being read his or her Miranda warnings then any statement or confession made maybe presumed involuntary and cannot subsequently be used against the suspect during his or her criminal case involving the matter. Any evidence discovered as a result of that statement or confession maybe suppressed unable to be presented during trial.
Suppose that “John” is walking down the street and Officer X was walking on the other side of the street at the same time. Because Officer X is an outstanding police officer and looks over every single warrant notice that the department issues, he recognizes “John” from a warrant he saw last week (which included the booking picture of “John”). 
Officer X walks over to “John” and asks him his name. “John” replies and Officer X calls the station to determine if this is in fact the “John” that has a warrant issued for his arrest. This is the correct “John,” and the warrant was issued for failure to appear at a hearing for a current criminal case pending involving “John.” Officer X subsequently arrests him and takes him back to the police station. He is never read his Miranda rights, shortly after “John” is booked at the station, Officer X puts “John” in the room where he is questioned for 30 minutes. Officer X still never read him his Miranda rights. During the interrogation, which was custodial, “John” made numerous incriminating statements about his criminal case that was still pending at the court.
The incriminating statements made by “John” would likely be suppressed when it came to trial, which means that the prosecutor working on the case would not be able to use the statements as evidence against John when prosecuting him for the crime. However, this would not preclude prosecution altogether, at least with regards to the facts as noted. Of course, the statements are only likely to be suppressed, and this is said because many situations, especially when dealing with the law, are not always black and white.
Circumstances can influence and/or change the outcome of any case, for better or worse. This article was supposed to point out that these things, such as Miranda rights, are key to defending any individual’s Constitutional and Moral rights. It is a defense lawyer’s job to notice these things, pull them out of the case, and determine if it will stick. If it does then we take a shot at it, if we advise. 
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. 

Thursday, June 6, 2013

Advice Of Rights - Pleading Guilty - Michigan Criminal Lawyer - Josh Jones - Specializing In All Felonies & Misdemeanors


Pleading Guilty – What Is It?

If you plead guilty or no contest, you give up your right to claim that it was not your choice to plead and/or that there were any promises, threats, or inducements to plead other than what is stated on the record in open court.

If you plead guilty or no contest to a controlled substance offense, to certain alcohol-related offenses, to certain traffic-related offenses, or for failing to pay child support, your driver’s license may be suspended or revoked.

If you plead guilty or no contest to certain criminal offenses, there may be a resulting loss or restriction of a professional license; of the ability to obtain/retain certain licenses, permits, or employment; of eligibility for public/military service and/or benefits; of eligibility for public funds, including welfare benefits and student loans/grants/tax credits; of eligibility for public housing; of the right to vote; and of eligibility for jury duty.

Federal and/or state law may prohibit you from possessing or purchasing ammunition or a firearm (including a rifle, pistol, or revolver) if you are convicted of a felony or if you are convicted of a crime of violence and you are a current or former spouse, parent, or guardian of the victim; you share a child in common with the victim; you are or were cohabiting with the victim as a spouse, parent, or guardian; or you are or were involved with the victim in another similar relationship.

It is always possible that there may be collateral consequences not included within this advice of rights. You are encouraged to conduct an independent search relating to the possible consequences noted above and for possible additional consequences related to your case and to discuss these with your attorney and, if necessary, with the court before the entry or rejection of any plea.

Specific Criminal Topic & Pleas

Immigration Issues

If you are not a legal citizen of the United States or were born in another country, your plea of guilty or no contest can result in deportation or otherwise affect your ability to remain in the United States. Regardless of whether deportation is applicable in your case, a conviction may affect your ability to enter into another country, including Canada.

Assaultive Crimes

Under MCL 770.9a, a defendant convicted by plea, verdict, or judgment of an assaultive crime shall be detained and shall not be admitted to bail unless the trial court finds by clear and convincing evidence that the defendant is not likely to pose a danger to other persons. Under MCL 770.9b, a defendant convicted of sexual assault of a minor (under age 16) shall be detained and shall not be admitted to bail.

Firearms & Crimes

Under MCL 750.239, violations of MCL 750.222 et seq. require forfeiture of the firearm or weapon. Michigan law also includes several distinct forfeiture acts relating to specific types of offenses including, but not limited to, controlled substances, firearms, gambling, motor vehicles, public employees, and a generic forfeiture act, MCL 600.4701 et seq.

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.