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.

Larceny - Property Of Another Outlined - Michigan Criminal Defense Lawyer, Josh Jones

Larceny - Taking Property of Another 

The crime of larceny can loosely be defined as the taking of something from another. The State of Michigan makes this particular area of law somewhat complex. This is not because the law itself is confusing, but rather there are numerous variations of punishment based upon the circumstances of the individual case.

First and foremost, MCL 750.356 states that “[a] person who commits larceny by stealing any of the following [pieces of] property of another person is guilty of a crime,” which includes:

(a) Money, goods, or chattels.

(b) A bank note, bank bill, bond, promissory note, due bill, bill of exchange or other bill, draft, order, or certificate.

(c) A book of accounts for or concerning money or goods due, to become due, or to be delivered.

(d) A deed or writing containing a conveyance of land or other valuable contract in force.

(e) A receipt, release, or defeasance.

(f) A writ, process, or public record.

(g) Nonferrous metal.

Once the property falls within one of the above categories, an individual charged with larceny will face, if convicted, MCL 750.356 brings about one of the following punishments:

1.     [A] person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine . . . [if t]he property stolen has a value of $20,000.00 or more.

2.     [A] person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine . . . [if t]he property stolen has a value of $1,000.00 or more but less than $20,000.00.

3.     [A] person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine . . . [if t]he property stolen has a value of $200.00 or more but less than $1,000.00.

4.     If the property stolen has a value of less than $200.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine.

Moreover, if an individual is convicted of a subsequent larceny charge than he or she will face an even hasher punishment than noted above. This is common in Michigan. The more crimes you commit the higher the sentencing exposure.  

Learn the law, maintain your rights, and lawyer-up. Whose got 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. 

Michigan Criminal Defense Attorney - Assault & Battery - Defined, Generally

What is an Assault? What is a Battery?

Many people that hear the words “assault and battery” believe that some egregious act had to of occurred if an individual is charged with such a crime. However, this is not always the case. In order to be convicted of an assault and battery, it is best to first break down the definition of “assault and battery.”

Assault is the unlawful and intentional threat of bodily harm where the individual has the ability to carry out the act and the victim recognizes the threat of such harm. Battery is a willful and intentional contact with the victim while made against his or her own freewill. 

In essence, the assault is an attempted battery. Therefore, to be convicted of assault and battery there must be contact. This will hold true even if there was intent to make contact with another individual, yet it failed to come into fruition. An individual convicted of his or her first assault and battery can face up-to 93 days in jail and a fine of not more than $500.00 (a misdemeanor in Michigan).

Those convicted of more than one assault and battery can face even more time. Punishment increases to a possible 1-year jail term for a second conviction, attaching a possible $1,000.00 fine. For an individual who has more than 2 previous assault and battery convictions he or she faces a felony charge and could be sentenced up-to 2 years in jail with a possible $2,500.00 fine attached.

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.

The Law Office of Josh Jones understands the important of keeping your record clean and making sure that you understand all of the consequences with any decision that you may make while involved in the criminal process. We will never leave you without a paddle when sitting in our boat. Contact us today for your free consultation. 

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.