Constructive Possession Explained - Josh Jones, Criminal Defense Attorney

Constructive Possession - It Applies To All Sorts Of Items

The extension of possession without actually having possession is known as constructive possession. This means that an individual can be charged with a possession crime even though he or she may not actually and physically possess the criminal item or thing. 

Constructive possession can only occur if the individual being charged has control or dominion over the thing in question. Meaning, for example, and individual who owns and holds the only key to a security box would always have constructive possession over it. Therefore, if contraband were found inside the box then the owner could be charged for the contraband because he would be the only individual who could access or control what goes in and out of the box. However, there must still be proof shown that the individual owner knew of the contents or existence.

The theories of possession, and thus constructive possession, vary according to statute and the particular item of contraband in question. For example, a conviction for felony-firearm under Michigan law requires knowledge of the firearm and the firearm being reasonably accessible to the defendant. However, for a controlled substance charged, an individual can or could be convicted of a possession charge simply by having it in his house, if he were the sole owner and knew of the substance.

So in the end, constructive possession cases that bring about criminal possession charges will be case-by-case dealings. They will revolve around the circumstances of each individual’s case.

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.

67-2 District Court, Davison Michigan - Josh Jones - Michigan Criminal Defense Attorney

67^th District Court: 2^nd Division A - Davison, Michigan

The court is located at 200 E. Flint St., Ste. 3, MI. Judge John L. Conover oversees the court’s criminal docket and Magistrate Cora Gregory assists with Arraignments traffic infractions.

The court has jurisdiction of legal matters occurring in Davison Township, Forest Township, Richfield Township, Atlas Township, City of Davison, Village of Goodrich, and Village of Otisville. In many instances and for many matters before the court, hearings will be held at the “Central Court” downtown in Flint at the Flyod McCree Building located at 630 S. Saginaw, Flint, MI. 

The court oversees misdemeanor and felony arraignments, issues arrest and search warrants, sets bail and accepts bonds, and presides over preliminary exams for felony offenses while disposing of all civil infractions and misdemeanors. The traffic division located within the court processes traffic tickets. Defendants can admit responsibility by paying the ticket or admitting with explanation. There is also the process of setting the matter for a hearing (informal or formal). Make sure you obtain the best outcome for your case and contact an attorney for your traffic and criminal matters.

Traffic fines can be found here. You can check your record with the 67^th District Court here.

Contact Josh Jones today. He is familiar with the 67^th District Court, in Davison, and will take care of your legal matter with professionalism. He is available to speak with you 7-days a week by phone, text, email or instant message. 

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.

Scope Of Motor Vehicle Search - Warrantless Search - Michigan Criminal Attorney - Josh Jones - ALL Felonies & Misdemeanors

Motor Vehicle Exception - Scope Of Vehicle Search

When an individual motorist is stopped by a police officer for a traffic violation or for another reason bringing about a reasonable suspicion that a crime is occurring or about to occur a police officer can detain the individual motorist on the side of the roadway. But how long cans this detention last?

The amount of time an officer can detain an individual is not specific or certain, but rather the amount of time is based upon the initial stop. What this means is that an officer can detain an individual for an amount of time that it takes for the officer to determine whether the individual motorist is capable of operating the vehicle and the police officer has issued a warning or citation. However, this does not limit the officer to simply ask the driver for his or her paperwork.

In fact, an officer can remove the driver from the vehicle, question the driver about unrelated issues, wait for another patrol car to arrive, and check the driver’s driving record and criminal history, to name a few.

However, this general rule does not preclude an officer from extending the stop if the officer discovers more facts revealing another infraction or crime beyond the reason for the initial stop. This ideal is founded in the United States Constitution. Michigan’s Constitution seems to provide preclude an officer from questioning an individual motorists on unrelated issues not connected to the initial stop unless the officer is able to demonstrate reasonable suspicion for extending the scope of his or her questioning.

To conclude if an officer does exceed the scope of initial stop then an arrest has occurred, in the eyes of the law, and that would allow for any evidence obtained to be suppressed later on at trial. It is beyond important to look at every stage of a traffic stop to determine the necessary legal scope and boundaries police officer must uphold.

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.

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.

Advice Of Rights - Pleading Guilty - Michigan Criminal Lawyer - Josh Jones - Specializing In All Felonies & Misdemeanors

Pleading Guilty – What Is It?

If you plead guilty or no contest, you give up your right to claim that it was not your choice to plead and/or that there were any promises, threats, or inducements to plead other than what is stated on the record in open court.

If you plead guilty or no contest to a controlled substance offense, to certain alcohol-related offenses, to certain traffic-related offenses, or for failing to pay child support, your driver’s license may be suspended or revoked.

If you plead guilty or no contest to certain criminal offenses, there may be a resulting loss or restriction of a professional license; of the ability to obtain/retain certain licenses, permits, or employment; of eligibility for public/military service and/or benefits; of eligibility for public funds, including welfare benefits and student loans/grants/tax credits; of eligibility for public housing; of the right to vote; and of eligibility for jury duty.

Federal and/or state law may prohibit you from possessing or purchasing ammunition or a firearm (including a rifle, pistol, or revolver) if you are convicted of a felony or if you are convicted of a crime of violence and you are a current or former spouse, parent, or guardian of the victim; you share a child in common with the victim; you are or were cohabiting with the victim as a spouse, parent, or guardian; or you are or were involved with the victim in another similar relationship.

It is always possible that there may be collateral consequences not included within this advice of rights. You are encouraged to conduct an independent search relating to the possible consequences noted above and for possible additional consequences related to your case and to discuss these with your attorney and, if necessary, with the court before the entry or rejection of any plea.

Specific Criminal Topic & Pleas

Immigration Issues

If you are not a legal citizen of the United States or were born in another country, your plea of guilty or no contest can result in deportation or otherwise affect your ability to remain in the United States. Regardless of whether deportation is applicable in your case, a conviction may affect your ability to enter into another country, including Canada.

Assaultive Crimes

Under MCL 770.9a, a defendant convicted by plea, verdict, or judgment of an assaultive crime shall be detained and shall not be admitted to bail unless the trial court finds by clear and convincing evidence that the defendant is not likely to pose a danger to other persons. Under MCL 770.9b, a defendant convicted of sexual assault of a minor (under age 16) shall be detained and shall not be admitted to bail.

Firearms & Crimes

Under MCL 750.239, violations of MCL 750.222 et seq. require forfeiture of the firearm or weapon. Michigan law also includes several distinct forfeiture acts relating to specific types of offenses including, but not limited to, controlled substances, firearms, gambling, motor vehicles, public employees, and a generic forfeiture act, MCL 600.4701 et seq.

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.