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 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 - Explaining Indecent Exposure - Josh Jones - July 18, 2013

Incident Exposure - Showing A Little Too Much

The sun is out, the booze is flowing, and the music is blasting. During these times, people tend to start taking off clothes, sometimes. At a certain point, these acts become a crime. This crime is usually found to be indecent exposure. Michigan law explains, “[a] person shall not knowingly make any open or indecent exposure of his or her person or of the person of another.” MCL § 750.335a.

The key word in that statement is “knowingly.” Meaning that the individual must perform the act with some kind of intent. However, as noted, the act does not have to be performed to his or her own person, but can include the act of another.

For example, if “Jason” runs up behind a girl and takes her bathing suit off, which inevitably reveals some part of her “private region(s),” then “Jason” could be found guilty of indecent exposure. A conviction would be placed a misdemeanor on “Jason’s” criminal record, if convicted, and he would face up to 1 year in jail and/or a $1,000.00 fine.

Moreover, if there is intentional fondling of the person’s private area this can and will increase the possible punishment, if the individual is convicted. The statute does not use the term private areas, but instead says no fondling of the genitals, buttock, pubic area, or breasts (if a female is involved).

So in the end, I suppose it is best to keep your clothes on while in public or in eye of the public. This type of crime can occur almost anywhere, even in your own back yard. So, before you decide to strip down, either by yourself or with someone, you make want to think about the consequences.

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. 

Leaving Scene Of Accident - Michigan Criminal Defense Lawyer, Josh Jones - July 12, 2013

Many drivers have been or will be involved in some kind of motor vehicle accident during their lifetime. Hopefully the accident is minor and nothing serious happens to either party. People need to not only worry about increased premiums, vehicle damage and possible injury, but they also need to worry about criminal charges.

Whenever an individual is involved in an accident state law requires him or her to remain at the scene of the accident until certain things have occurred. In order to avoid criminal charges, a driver involved in a car accident must, pursuant to MCL § 257.617a, “immediately stop his or her vehicle at the scene of the accident” and remain at the scene up until “he or she has satisfied the following requirements:

Give his or her name and address, and the registration number of the vehicle he or she is operating, including the name and address of the owner, to a police officer, the individual struck, or the driver or occupants of the vehicle with which he or she has collided[;]

Exhibit his or her operator's or chauffeur's license to a police officer, individual struck, or the driver or occupants of the vehicle with which he or she has collided[; and]

Render to any individual injured in the accident reasonable assistance in securing medical aid or arrange for or provide transportation to any injured individual.

However, an individual involved in the accident must know or have reason to believe that he or she was actually involved in an accident. Therefore, if the fender bender was so minor that it would be unreasonable to know of it then an individual would technically be found innocent of this crime. However, it should be noted any outcome, even the one recently stated, would always be based upon the factual circumstances involved in the particular case at issue and there is never a guarantee to know that particular outcome.

If convicted of leaving the scene of an accident, an individual will have a misdemeanor on his or her record and face a maximum 1-year in jail and/or a $1,000.00 fine. Moreover, a conviction will be abstracted to the secretary of state, and thus a suspension of the individual’s driver’s license will occur, but this is dependent upon whether there is property damage or whether personal injury occurs. If a suspension levied it will be for a 90-day period.

It is essential and imperative to contract a criminal defense attorney when involved in this these situations. Make sure you rights are protected, call Josh Jones today.

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. 

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. 

Michigan Criminal Attorney - RETAIL FRAUD Breakdown - Josh Jones - All MISDEMEANORS & FELONIES

Retail Fraud - In A Nut-Shell

The State of Michigan statutorily divides up tits heft crimes into multiple categories, which includes the category of retail fraud. Michigan goes even further and divides retail fraud into separate classes or degrees. Each degree is based upon the amount of money the property taken is worth and has corresponding punishments for each.

Retail fraud in the first degree is limited to instances where the value of the property exceeds $1,000.00 and is punishable as a felony. An individual can face up to 5-years in jail and/or a fine of $10,000.00 or 3 times the amount of the value of the property taken, whichever is greater. Moreover, the prosecutor is allowed to use and aggregate multiple incidents, of retail fraud, over a 12-month period to determine the property value amount under this statute.

The other two degrees of retail fraud are both misdemeanors, and thus the maximum amount of time will be 1-year (if convicted for second degree retail fraud) and 93-days for an individual convicted of retail fraud in the third degree. Moreover, the value of property cannot exceed $1,000.00 for a second degree charge and property less than $200.00 will attach a third degree charge.

To note, the statute does allow for statutory increases in punishment for those individuals who have been convicted of the crime on a prior conviction. This applies to all degrees of retail fraud and is enumerated in the statute.

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.