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.

Michigan Criminal Defense Attorney - Outlining Diversion (or Deferral) Statutes - Josh Jones - July 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.

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.

Refusing Chemical Test - Michigan Criminal Defense - Attorney Josh Jones - Drunk Driving - Knowing The Law

Consequences of Refusing a Chemical Test during DUI Investigation

Implied Consent Law: If arrested for a drunk driving offense in Michigan, all drivers are considered to have given their consent to take a chemical test to determine your bodily alcohol content (BAC).

Purpose: The immediate purpose of the ‘implied consent law’ is to obtain the best evidence of blood alcohol content at the time of the arrest of the person; the long range purpose is, of course, to prevent intoxicated persons from driving on the highways.

Facts: An individual is driving South on Mission St., Mt. Pleasant, MI, and is stopped by a police officer. A DUI investigation is conducted; the driver will be first asked to provide a proof a license, registration, and insurance. Next, it is typical of an officer to ask if the driver had consumed any alcohol prior to operating the motor vehicle; the driver will then be asked to step out of the vehicle to perform a number of sobriety tests. Additionally, if the officer believes that the driver is intoxicated, he/she will ask the driver to submit to a Preliminary Breath Test (PBT). Once the driver is placed under arrest, he/she, in addition to the PBT, will be asked to submit to a chemical test; either blood or breath.

Ramifications:  A first refusal results in a one-year suspension and the second or subsequent refusal in seven years results in a two-year suspension, six points are entered on the person’s driving record. A person who refuses the police officer’s request to take a chemical test has his or her picture license confiscated and is issued a temporary permit. MCL 257.625g(1). The nature of the permit will explicitly put an individual on notice that a test has allegedly been refused. The individual will then have 14 days from the date of the arrest to request a hearing. MCL 257.625f(1). Failure to do so results in an automatic one- or two-year suspension depending on the individual’s driving record.

With regard to refusal to submit to an evidentiary chemical test (breathalyzer), a hearing shall only cover the following issues set forth in MCL 257.625f:

1)      Whether the peace officer had reasonable grounds to believe that Petitioner had committed a crime described in section 625c(1).

2)      Whether Petitioner was placed under arrest for a crime described in section 621c(1).

3)      Whether Petitioner was advised of the rights under section 625a(6).

4)      Whether Petitioner unreasonably refused to submit to the test upon the request of the peace officer.

The peace officer has the initial burden to establish these issues while the Petitioner has the burden to prove and affirmative defense to a refusal, pursuant to 1999 MR9 R 257.310. The standard of proof is “preponderance of the evidence”. Under MCL 257.319b and MCL 257.625f, after considering the evidence presented, the Hearing Officer will either impose a suspension/revocation of the license/operation privilege and all CDL endorsements, or take no licensing action. The Hearing Officer cannot issue a restricted license or work permit.

Possible Outcomes:

1)      Suspension.

2)      If officer fails to appeal, charges will be dismissed.

3)      First time offenders can petition the Circuit Court for their restricted license.

Contact Josh Jones today. He has your back. 

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.

Nuisance Parties - Criminal Charges - Michigan Criminal Defense - Josh Jones - ALL Felonies & Misdemeanors

KNOW WHEN A PARTY BECOMES A “NUISANCE PARTY”

A social gathering becomes a nuisance party when 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

Traffic that impedes the free flow of residential traffic or emergency services

Any other conduct that annoys or endangers the public or results in obscene or indecent behavior

You can be arrested for hosting or attending a nuisance party in Mount Pleasant.

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.

Michigan Criminal Defense Lawyer - Drunk Driving Overview - Josh Jones - ALL FELONIES AND MISDEMEANORS

The State of Michigan has various criminal charges for alcohol or drug related acts. These charges and/or convictions carry with them possible licensing sanction, jail time, fines, community service and/or counseling.

It is imperative to know what can and will happen to you if you choose to pled guilty to or are convicted of the following crimes:

ZERO TOLERANCE MCL 257.625(6) - applies to individuals under 21 with a Blood Alcohol Content (aka BAC). There is no statutory jail required, but the maximum fine is $250.00 with Licensing Sanctions as follows: 1st offense - 30 day suspension with restrictions after that time; 2nd offense within 7 years is a 90 day suspension.

Operating While Visibly Impaired (aka OWVI) MCL 257.625(3) – has a maximum jail time of 93 days with maximum fines of $300.00 and Licensing Sanctions as followed: 1st offense: 90 day suspension with restrictions; 2nd offense within 7 years or prior MCL 257.625 conviction then it is an indefinite revocation and eligible for restriction after 1 year; 3rd offense or 2 prior MCL 257.625 convictions then it’s a 1-5 year revocation.

Operating While Intoxicated 2nd (aka OWI) has a jail term of 5 days to 1 year and a $200.00 to $1,000.00 fine. The license sanction is a 1-year revocation if prior MCL 257.625 conviction within 7 years. The vehicle may also be subject to immobilization pursuant to MCL 257.625.

Operating While Intoxicated 3rd (OWI 3rd) 30 days to 1 year in jail. The licensing sanction is a 1- to 5-year revocation.

Operating With High BAC – is an OWI charge where the individual has a BAC of .17 or more. The maximum jail up to 180 days with a possible $200-$700 fine.

Moreover, an individual should note that the maximum possible licensing sanction that may be imposed will be based upon the master driving record maintained by the Secretary of State under MCL 257.204 [257.625b(4)]. Prior issues with the drivers license can impact the ability for an individual to obtain his or her license when facing any of the above mentioned crimes.

ALL THE ABOVE MAY BE SUBJECT NOT LIMITED TO, BUT INCLUDING THE FOLLOWING:

1. Secretary of State will or may suspend your driver’s license.

3. The Court will suspend your driver’s license.

4. Secretary of State will revoke or deny your driver’s license

5. Screening and Assessment for substance abuse and rehabilitation may be part of any sentence order, all at the defendant’s expense. MCL 257.625b(5)

6. Breath Alcohol Ignition Interlock Device (aka BAIRD) placed in defendant’s vehicle for a specified amount of time will be ordered at defendant’s expense.

7. Community Service.

8. In addition, defendant may be ordered to pay restitution, cost of prosecution, and reimburse the county for your jail stay and probation oversight fees.

Always consult an Attorney prior to moving forward in any criminal matter. Criminal charges, especially alcohol and drug related offenses will and can impact an individual in multiple ways. Make sure that you have the right person in your corner. Josh Jones has your back.

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.