44th District Court - Royal Oak, Michigan - Oakland County - Criminal Defense Attorney, Josh Jones

44^th District Court – Royal Oak, Michigan

The 44^th district court is located at 400 East 11 Mile Rd, Royal Oak, MI. The court maintains two sitting judges: the Honorable Derek Meinecke (2013 - Present) and the Honorable Terrence H Brennan (1991 - Present).

The court has exclusive jurisdiction in all civil litigation up to $25,000, small claims, garnishment proceedings, evictions, and land contract and mortgage foreclosures.

In the criminal area, the court handles all arraignments, most misdemeanor cases, the setting and acceptance of bail, bench and jury trials, misdemeanor sentencing, and preliminary examinations in felony case. It also handles all traffic cases including parking, informal and formal hearings, and trials.

A schedule of traffic fines, costs and points can be found here. If you are simply looking to pay a traffic ticket or fine or have general inquires you may visit the Traffic Division during office hours, 8:00 A.M. to 4:30 P.M., Monday through Friday. The Traffic Division is located on the 1st floor of the Court Building.

It is imperative to know which court you must attend and which court you must deal with. The Law Office of Josh Jones understands the importance of knowing what you need to do, where you need to go, and how is your future going to be impacted.

We provide you with the best legal representation, so you are never lost, confused or worried. Contact us today so that we can begin to walk this path together. 

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.

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. 

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.

Minor Amnesty Law - MIP Protections - Michigan Criminal Lawyer - Josh Jones - ALL FELONIES & MISDEMEANORS

Minor Amnesty Law – Protections For Some Minors Who Come Forward

Last year, in June 2012, the State of Michigan modified the Michigan Liquor Control Code (aka MLCC) to include a new exemption for certain individuals suffering from alcohol poisoning. This exemption applies to a minor who purchases, consumes or possesses alcohol. See MCL § 436.1703(10). The individual minor must:

- Voluntarily present himself or herself to a health facility or agency for treatment or observation, including examination and treatment for any condition arising from criminal sexual conduct committed against the minor; 

- Accompanies an individual who has consumed alcohol and who presents himself or herself to a health care facility for treatment or observation; or

- Initiates contact with a peace officer or emergency medical services personnel for the purpose of obtaining medical assistance for a legitimate health care concern.

Yes, you have read the correct passages correctly and they are cited correctly. The new Minor Amnesty law now protects minors from fear of being criminally prosecuted for MIP related issues if the minor is seeking medical or emergency assistance because of alcohol use, and, inevitably charged with possession, use or purchasing alcohol.

This legislation, even though it does not recuse MIPs outright; it does provide individual minors who become ill, medically complicated, or make contact for assistance for those individuals ill or medically complicated will be protected.

The purpose of the Amendment seems to be clear. It provides individuals with protections, meaning less people will be put in dangerous situations when alcohol has severely affected them. People want minors to feel safe about coming forward when something serious has happened, and things like alcohol poisoning is a serious matter. Know the law, know your rights, and always lawyer-up. Contact the Law Office of Josh Jones today for your free consultation. 

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 

Minor in Possession (MIP) Breakdown - Underage Drinking - Michigan Criminal Defense Lawyer, Josh Jones

Minor in Possession - What is it and how can it effect you?

The State of Michigan has zero-tolerance for underage drinking, which means that individuals under the age of 21 are not allowed to consume alcohol. In fact, a minor is not allowed to purchase, consume, nor possess alcohol. The punishment for an MIP attaches a criminal misdemeanor to the convicted defendant’s record, which includes a payment of fines, costs, community service, and possible jail time for subsequent or multiple convictions of MIPs. The fines begin at a maximum of $100.00 and increases the more an individual has been convicted an MIP (or rather has subsequent MIP convictions). See MCL 436.1703. 

Michigan, by statute, also attaches some diversion opportunities for first time offenders. If the individual has not been convicted of an MIP then he or she will be allowed, if he or she pleads guilty to an MIP, to have the MIP automatically expunged from his or her record upon completion of a probationary period. This means that upon completion of the probationary period (which includes terms and conditions the individual must complete and follow for a specified time period) the defendant will have the case dismissed and he or she will be discharged from probation.

This statute is an opportunity for individuals to have a second chance. It is known that individuals under a certain age, even when older than 18, are still considered adolescents, and the reason society provides them this chance. Some of the biggest issues in life can be handled by a simple phone call and conversation about the outcome of a decision.

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.