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. 

Motor Vehicle Exceptions - Michigan Criminal Defense - Attorney Josh Jones - Warrantless Searches

Motor Vehicle Exception - Warrantless Search Explained

Once an individual motorist has been pulled over and the police officer has probable cause to search that particular vehicle a warrant will not be necessary in order to actually search the vehicle. This is known as the Motor Vehicle Exception to the Fourth Amendment’s requirement of a warrant for searches. The reasoning for such a rule is because of the easy ability for a vehicle to be readily mobile.

The rule generally states that an officer is allowed to search all compartments and areas of a vehicle, without the need for a warrant, if there is probable cause to believe that the particular area to be searched contains contraband. This can occur if the contraband is viewed in plain sight, meaning as the officer is near the vehicle and sees the contraband then he or she will have probable cause to search the vehicle. Moreover, this rule does not stop a police officer from searching the passengers of the vehicle when the individual to be searched has the ability to conceal or hold the suspected contraband.

Michigan law explains that a police officer will have probable cause to search a vehicle if he or she smells marijuana coming from the vehicle. However, it can and should be argued that if a police searches the passenger compartment of a vehicle, because he or she smelled burnt marijuana, yet did not discover any contraband during the search then he or she may be precluded from searching the trunk compartment of the vehicle. Michigan courts have yet to answer this specific question; on the other hand, the United States Supreme court does have precedent indicating that an officer may not continue to search when he or she has come up empty handed.

Contact Josh Jones today. He has your back. He will explain the law to you, make sure you understand your rights, and will maintain any and all rights as allowed by the law. 

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.

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. 

Prostitution-Solicitation - Explaining Michigan Law - Michigan Criminal Defense - ALL Felonies & Misdemeanors

Prostitution or Solicitation - It Happens

Selling yourself or your body for sex has been a long standing crime in the State of Michigan and most of the United States. The term, as you may know, for selling ones self for sex is prostitution. It is also known as soliciting or accosting to commit prostitution or an immoral act. In order to be convicted the act, gesture, statement, or any other means to commit prostitution while in a public place, public building, or in a vehicle. 

The statute means that an exchange for money does not need to occur in order to be convicted of the crime. Moreover, sex does not actually have to occur. This means that an individual can be charged and arrested for prostitution by simply making a gesture that suggests he or she is enticing another to engage in his or her serves of sexual gratification.

In many instances, but not all, a soliciting and accosting charge will be pled down to a disorderly conduct (common prostitute) charge. This is not always guaranteed; however, they can be common in cases where the individual charged has no record and other positive attributes in his or her life. On the other hand, some counties in Michigan make it a policy decision not to deal with individuals charged with prostitution (soliciting and accosting).

In the end, it is best to contact and hire and attorney for this charge. It allows for the negotiations to be fair, straightforward, and judicial. Do not go into court by yourself, hire a firm like the Law Office of Josh Jones. We are here for your day in and day out.

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.

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.

Novice Driver Restrictions - Michigan Criminal Defense Lawyer - Josh Jones

Novice Drivers – More Restrictions When Driving

A recent bill was passed that will put another layer of restrictions on novice drivers. Those individuals holding a level I or level II drivers license will be unable to use a cellphone while operating a vehicle.

These types of licenses already maintain restrictions on an individual either requiring them to have a parent or guardian with them while driving (level I) or only being able to drive during certain hours or the day and with a certain amount of individuals inside the vehicle (level II).  The violation will be rendered in the form of a civil infraction that is to be then determined by the municipality.

There are apparently going to be exceptions to the new law, which will allow drivers to use hands-free calling. These exceptions will be found in vehicles having wireless phone capabilities. This new law goes hand-in-hand with the no texting while driver law that was put into place a short while ago.

The general purpose of the law is to protect others on the roadways. Everyone has to admit that cellphones in general are distraction, no matter who and when you are using it.

It is always smart and essential to know the laws that apply to you, your family, and your friends. The smallest ticket can impact your license and ability to drive. This is said because an accumulation of points can create a revoked license. Moreover, obtaining infractions when having a low-level drivers license can increase the length of time the individual has such a license.

Contact us today to handle all your traffic related legal questions, concerns and issues.

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.