Michigan Criminal Defense Attorney - Explaining Indecent Exposure - Josh Jones - July 18, 2013

Incident Exposure - Showing A Little Too Much

The sun is out, the booze is flowing, and the music is blasting. During these times, people tend to start taking off clothes, sometimes. At a certain point, these acts become a crime. This crime is usually found to be indecent exposure. Michigan law explains, “[a] person shall not knowingly make any open or indecent exposure of his or her person or of the person of another.” MCL § 750.335a.

The key word in that statement is “knowingly.” Meaning that the individual must perform the act with some kind of intent. However, as noted, the act does not have to be performed to his or her own person, but can include the act of another.

For example, if “Jason” runs up behind a girl and takes her bathing suit off, which inevitably reveals some part of her “private region(s),” then “Jason” could be found guilty of indecent exposure. A conviction would be placed a misdemeanor on “Jason’s” criminal record, if convicted, and he would face up to 1 year in jail and/or a $1,000.00 fine.

Moreover, if there is intentional fondling of the person’s private area this can and will increase the possible punishment, if the individual is convicted. The statute does not use the term private areas, but instead says no fondling of the genitals, buttock, pubic area, or breasts (if a female is involved).

So in the end, I suppose it is best to keep your clothes on while in public or in eye of the public. This type of crime can occur almost anywhere, even in your own back yard. So, before you decide to strip down, either by yourself or with someone, you make want to think about the consequences.

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. 

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. 

Domestic Violence Outline - Michigan Criminal Defense Lawyer - Josh Jones - ALL FELONIES & MISDEMEANORS

Outlining Michigan's Domestic Violence Statute

Assaultive crimes vary substantially here in the State of Michigan, meaning there are multiple classes or categories of assaultive crimes. The basic definition of an assaultive crime begins with an assault. An assault is simply the unlawful and intentional threat of bodily harm to another attached with the ability to carry out the act. Moreover, the victim needs to recognize the threat of his or her “attacker.” The more common assaultive crime attaches to it another element or piece to the definition of assault, which is known as battery.  Battery is a willful and intentional contact (or actual contact made) with the victim, which is made against the victim’s freewill.  Therefore, an assault is an attempted assault and battery (or battery).

Within the umbrella that is assaultive crimes lies the crime known as domestic violence of assault against a person in a dating relationship with the defendant.

The term domestic violence, as mentioned above, falls under the statutory definition of a “dating relationship.” If the individual committing an assault or assault and battery on his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of the same household then he or she is in a “dating relationship.” See MCL § 750.81a(3).

If convicted an individual faces a 1-year misdemeanor and/or $1,000.00 fine. Those convicted of one or more assaults will face a 2-year felony with a possible $2,500.00 fine.  Any subsequent conviction that is counted for a domestic violence defendant will include other assaultive crimes. It is imperative, if not essential, to contact a criminal defense attorney when an individual faces a prior conviction or multiple prior convictions involving domestic violence and/or other assaultive crimes. 

There is also a diversion program for first-time offenders convicted of or who plea guilty to a domestic violence charge. This individual can receive an automatic expungement of the charge upon successful completion of probation and its terms. Moreover, in order to qualify for the diversion program the individual must not have been convicted of a prior assaultive crime.

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.

Possession of Marijuana - 7411 & Diversion - Michigan Criminal Defense Attorney Josh Jones

MCLA 333.7411 POSSESSION OF MARIJUANA

PUBLIC HEALTH CODE (EXCERPT) 
Act 368 of 1978

333.7411 Probation of individual with no previous conviction; entering adjudication of guilt upon violation of probation; discharge and dismissal without adjudication of guilt; nonpublic record of arrest and discharge and dismissal; effect of civil fine for first violation; requiring individual to attend course of instruction or rehabilitation program; failure to complete instruction or program as violation of probation; screening and assessment; participation in rehabilitative programs; payment of costs; failure to complete program as violation of probation.

Sec. 7411.

(1) When an individual who has not previously been convicted of an offense under this article or under any statute of the United States or of any state relating to narcotic drugs, coca leaves, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled substance under section 7403(2)(a)(v), 7403(2)(b), (c), or (d), or of use of a controlled substance under section 7404, or possession or use of an imitation controlled substance under section 7341 for a second time, the court, without entering a judgment of guilt with the consent of the accused, may defer further proceedings and place the individual on probation upon terms and conditions that shall include, but are not limited to, payment of a probation supervision fee as prescribed in section 3c of chapter XI of the code of criminal procedure, 1927 PA 175, MCL 771.3c. The terms and conditions of probation may include participation in a drug treatment court under chapter 10A of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1082. Upon violation of a term or condition, the court may enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions, the court shall discharge the individual and dismiss the proceedings. Discharge and dismissal under this section shall be without adjudication of guilt and, except as provided in subsection (2)(b), is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including the additional penalties imposed for second or subsequent convictions under section 7413. There may be only 1 discharge and dismissal under this section as to an individual.

(2) The records and identifications division of the department of state police shall retain a nonpublic record of an arrest and discharge or dismissal under this section. This record shall be furnished to any or all of the following:

(a) To a court, police agency, or office of a prosecuting attorney upon request for the purpose of showing that a defendant in a criminal action involving the possession or use of a controlled substance, or an imitation controlled substance as defined in section 7341, covered in this article has already once utilized this section.

(b) To a court, police agency, or prosecutor upon request for the purpose of determining whether the defendant in a criminal action is eligible for discharge and dismissal of proceedings by a drug treatment court under section 1076(4) of the revised judicature act of 1961, 1961 PA 236, MCL 600.1076.

(c) To the state department of corrections, a law enforcement agency, a court, or the office of a prosecuting attorney upon request of the department, law enforcement agency, court, or office of a prosecuting attorney, subject to all of the following conditions:

(i) At the time of the request, the individual is an employee of the department, law enforcement agency, court, or office of prosecuting attorney or an applicant for employment with the department, law enforcement agency, court, or office of prosecuting attorney.

(ii) If the individual is an employee of the department, law enforcement agency, court, or prosecuting attorney, the date on which the court placed the individual on probation occurred after March 25, 2002.

(iii) The record shall be used by the department of corrections, law enforcement agency, court, or prosecuting attorney only to determine whether an employee has violated his or her conditions of employment or whether an applicant meets criteria for employment.

(3) For purposes of this section, a person subjected to a civil fine for a first violation of section 7341(4) shall not be considered to have previously been convicted of an offense under this article.

(4) Except as provided in subsection (5), if an individual is convicted of a violation of this article, other than a violation of section 7401(2)(a)(i) to (iv) or section 7403(2)(a)(i) to (iv), the court as part of the sentence, during the period of confinement or the period of probation, or both, may require the individual to attend a course of instruction or rehabilitation program approved by the department on the medical, psychological, and social effects of the misuse of drugs. The court may order the individual to pay a fee, as approved by the director, for the instruction or program. Failure to complete the instruction or program shall be considered a violation of the terms of probation.

(5) If an individual is convicted of a second violation of section 7341(4), before imposing sentence under subsection (1), the court shall order the person to undergo screening and assessment by a person or agency designated by the office of substance abuse services, to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. As part of the sentence imposed under subsection (1), the court may order the person to participate in and successfully complete 1 or more appropriate rehabilitative programs. The person shall pay for the costs of the screening, assessment, and rehabilitative services. Failure to complete a program shall be considered a violation of the terms of the probation.

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.

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.