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 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.

Drunk Driving - Statistics - Michigan Criminal Defense Attorney Josh Jones - ALL FELONIES & MISDEMEANORS

Drunk Driving Statistics

US adults drank too much and got behind the wheel about 112 million times in 2010. Though episodes of driving after drinking too much (“drinking and driving”) have gone down by 30% during the past 5 years, it remains a serious problem in the US. Alcohol-impaired drivers* are involved in about 1 in 3 crash deaths, resulting in nearly 11,000 deaths in 2009.

Driving drunk is never OK. Choose not to drink and drive and help others do the same.

*These drivers had blood alcohol concentrations of at least 0.08%. This is the illegal blood alcohol concentration level for adult drivers in the United States.

People who drink and drive put everyone on the road in danger. 
Certain groups are more likely to drink and drive than others.

•Men were responsible for 4 in 5 episodes (81%) of drinking and driving in 2010.


•Young men ages 21-34 made up only 11% of the U.S. adult population in 2010, yet were responsible for 32% of all instances of drinking and driving.


•85% of drinking and driving episodes were reported by people who also reported binge drinking. Binge drinking means 5 or more drinks for men or 4 or more drinks for women during a short period of time.

Your best defense against a drunk driver is to buckle up every time.

Every person in every seat should be buckled up on every trip. Seat belts reduce serious injuries and deaths from crashes by about 50%.

Primary enforcement seat belt laws allow police to stop vehicles just because someone is not wearing a seat belt. These state laws are effective in increasing seat belt use.

There are proven ways to prevent people from drinking and driving.

•At sobriety checkpoints, police stop drivers to judge if they are driving under the influence of alcohol. More widespread, frequent use of these checkpoints could save about 1,500 to 3,000 lives on the road each year.


•Minimum legal drinking age laws prohibit selling alcohol to people under age 21 in all 50 states and the District of Columbia. Keeping and enforcing 21 as the minimum legal drinking age helps keep young, inexperienced drivers from drinking and driving.


•Ignition interlocks prevent drivers who were convicted of alcohol-impaired driving from operating their vehicles if they have been drinking. Interlocks are effective in reducing re-arrest rates from drinking and driving by about two-thirds while the device is on the vehicle.

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.

Disorderly Person - Criminal Misdemeanors - Michigan Criminal Lawyer Josh Jones - Handling ALL MISDEMEANORS & FELONIES

Disorderly Persons - Criminal Misdemeanors

Some acts that take place every day (the asking for money or loitering is what currently comes to mind) can lead to criminal charges when the cops are in view, are called, or just having a rough day. Imagine that you’re broke, homeless and have no place to go. What do you? You sit around, or walk from place to place, and either pick up money, work or ask for it in order to survive. If you choose the option to ask for money then you have committed a crime.

Here in the State of Michigan the following acts, pursuant to MCL § 750.167, can and will bring about criminal charges:

(a) A person of sufficient ability who refuses or neglects to support his or her family.

(b) A common prostitute.

(c) A window peeper.

(d) A person who engages in an illegal occupation or business.

(e) A person who is intoxicated in a public place and who is either endangering directly the safety of another person or of property or is acting in a manner that causes a public disturbance.

(f) A person who is engaged in indecent or obscene conduct in a public place.

(g) A vagrant.

(h) A person found begging in a public place.

(i) A person found loitering in a house of ill fame or prostitution or place where prostitution or lewdness is practiced, encouraged, or allowed.

(j) A person who knowingly loiters in or about a place where an illegal occupation or business is being conducted.

(k) A person who loiters in or about a police station, police headquarters building, county jail, hospital, court building, or other public building or place for the purpose of soliciting employment of legal services or the services of sureties upon criminal recognizances.

(l) A person who is found jostling or roughly crowding people unnecessarily in a public place.

If an individual commits one of the acts listed under MCL § 750.167 he or she will be charged as a disorderly person. If convicted as a disorderly person the individual will receive a misdemeanor on his or her record and receive up to 90 days in jail and/or a $500.00 fine.

Moreover, an individual found to be intoxicated or drunk while hunting with a firearm will also be considered a disorderly person. This section of the statute indicates that a firearm or other weapon used in conjunction with a valid hunting license is required to be prosecuted under that particular section of disorderly person. If convicted, the person will lose said weapon and will be unable to obtain a hunting license for 3 years from the date of conviction. A conviction will result in a misdemeanor and/or a possible fine.

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. 

Holmes Youthful Trainee Act (aka HYTA) - Explaining The Law - Michigan Criminal Defense Lawyer - Josh Jones

What is HYTA?

Holmes Youthful Trainee Act, HYTA, is a deferral statue that has specific age restrictions, yet 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. To receive consideration under HYTA, a defendant must have committed the crime charged between the ages of 17 and 21.

If, you are 21 years of age at the time the crime was committed you will not be eligible to apply for HYTA; therefore, you must be 17, 18, 19, or 20 years old at the time of the commission of the crime. However, if you are 23 years of age at the time you are brought to court you may be eligible to apply for HYTA consideration, if at the time the crime was committed you were 17 years, and under 21 years.

Moreover, HYTA does not prevent a Judge from sending you to jail.

WHAT IS THE BENEFIT OF ENTERING A PLEA AND RECEIVING HYTA?

Answer: Once you enter a plea of guilty under HYTA, there will be no public record of the conviction. The court will maintain a record, yet the general public will not have access to the information.

Important Note: If you do not satisfy the terms and conditions of probation you could be violated, at which time your HYTA status could be revoked. If revoked the conviction(s) will be entered onto your criminal history.