Michigan Medical Marihuana - People v Nicholson - MMMA Cardholders - Patients and Caregivers - Criminal Defense Lawyer, Josh Jones

A short yet important topic that impacts Michigan Medical Marijuana patients and caregivers revolves around medical marijuana cards and paperwork. The Court of Appeals indicated that patients and caregivers must have their paper or medical marijuana card on them in order to receive protection under the Michigan Medical Marijuana Act (MMMA). See People v Nicholson.

The facts of the case, in Nicholson, indicated that the defendant was a passenger in a vehicle and was holding one ounce of marijuana. The defendant had applied for his medical marijuana card, yet he had not received actually it. Moreover, the paperwork that indicating he was authorization to use medical marijuana was in his own vehicle, which they were not driving at the time of the arrest.

The court inevitably concluded that immunity would not be granted to the defendant because he did not have his paperwork accessible to him at the time of arrest. However, the court went on to indicate that the defendant is immune from prosecution because he does possess his card prior to the time of prosecution. The court inevitably remanded the case back to the circuit court for further investigation into whether the activities on the date of arrest involved the medical use of marijuana.

Therefore, the issue, in Nicholson, came down to whether he had his card/paperwork prior to prosecution and whether his actions that lead to his arrest qualify as medical use as indicated in the MMMA. It should be noted that the defendant was arrested because he did not have his paperwork on him, which any medical marijuana patient and/or caregiver should take note of. You should ALWAYS carry your paperwork or card, even if you are not holding.

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. 

Larceny - Property Of Another Outlined - Michigan Criminal Defense Lawyer, Josh Jones

Larceny - Taking Property of Another 

The crime of larceny can loosely be defined as the taking of something from another. The State of Michigan makes this particular area of law somewhat complex. This is not because the law itself is confusing, but rather there are numerous variations of punishment based upon the circumstances of the individual case.

First and foremost, MCL 750.356 states that “[a] person who commits larceny by stealing any of the following [pieces of] property of another person is guilty of a crime,” which includes:

(a) Money, goods, or chattels.

(b) A bank note, bank bill, bond, promissory note, due bill, bill of exchange or other bill, draft, order, or certificate.

(c) A book of accounts for or concerning money or goods due, to become due, or to be delivered.

(d) A deed or writing containing a conveyance of land or other valuable contract in force.

(e) A receipt, release, or defeasance.

(f) A writ, process, or public record.

(g) Nonferrous metal.

Once the property falls within one of the above categories, an individual charged with larceny will face, if convicted, MCL 750.356 brings about one of the following punishments:

1.     [A] person is guilty of a felony punishable by imprisonment for not more than 10 years or a fine of not more than $15,000.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine . . . [if t]he property stolen has a value of $20,000.00 or more.

2.     [A] person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine . . . [if t]he property stolen has a value of $1,000.00 or more but less than $20,000.00.

3.     [A] person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine . . . [if t]he property stolen has a value of $200.00 or more but less than $1,000.00.

4.     If the property stolen has a value of less than $200.00, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the property stolen, whichever is greater, or both imprisonment and a fine.

Moreover, if an individual is convicted of a subsequent larceny charge than he or she will face an even hasher punishment than noted above. This is common in Michigan. The more crimes you commit the higher the sentencing exposure.  

Learn the law, maintain your rights, and lawyer-up. Whose got your back? 

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. 

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. 

6th Circuit Court, Oakland County, Michigan - Criminal Defense Attorney, Josh Jones

6^th Circuit Court – Oakland County, Michigan

The Circuit Court is a division of the state judiciary, and it serves as a trial court of general jurisdiction serving all the citizens of Oakland County and the townships, cities and villages located within. The court is located at 1200 N. Telegraph Rd., Pontiac, MI. The court currently has two satellite offices for Adult Probation and Juvenile Probation. The court oversees the counties felony criminal charges, convictions, sentencing and probation.

The court will also oversee or has the jurisdiction to preside over misdemeanor cases and charges. This will generally happen when the misdemeanor charge is also attached to a felony charge. If you were in need or are looking to file a Personal Protection Order (i.e. a PPO), the 6^th Circuit court would be the proper court for such an order. More information can be found here. The Law Office of Josh Jones also will or can assist in filing and properly preparing a PPO on your behalf.

There are fourteen (14) judges that oversee the court’s criminal docket. Charges any particular judge will see ranges from trespassing to murder. The court see the worst of the worst, but also the dumbest of the dumbest when it comes to criminal charges. A list of these judges, along with their bios, can be found here.

The large number of judges makes it difficult to know the expectations of any particular criminal charge; however, that difficult can be minimized by having the appropriate counsel by your side when walking into the 6^th Circuit Court. The Law Office of Josh Jones understands the stress, pain and worry that criminal charges bring. We focus on taking the stress out of any criminal mess.

If you need to check the status of your criminal case, which may still be pending at the 6^th Circuit Court, click here and enter the appropriate information. The court also posts its holiday schedule here, which indicates dates the court is closes. 

Genesee County 7th Circuit Court - Michigan - Criminal Defense Attorney Josh Jones

7^th Circuit Court – Genesee County, Michigan

The Circuit Court is a division of the state judiciary, and it serves as a trial court of general jurisdiction serving all the citizens of Oakland County and the townships, cities and villages located within. It is comprised of nine (9) elected judges, and additionally, it has 80 individual making up its clerical, professional and administrative staff. The court is responsible for overseeing the Public Defender Program, Court Services Division, County Law Library, Financial Services Division, Felony and Misdemeanor Matters, Adult Probation, and Jury Commission. 

The court is located at 900 S. Saginaw, Flint, MI, and its doors open at approximately 8:00 A.M. Monday through Friday, except for Holidays when the court is closed. A list of holidays and days the court is closed can be found here. If you need to contact the court for any reason, a list of numbers and departments can be found here.

It is important to note and know that all persons will pass through metal detectors and x-ray machines in order to ensure that no weapons or illicit substances are brought into the courthouse, which includes cellphones with video capturing capabilities. The procedure for checking individuals when entering the courthouse will cause a short delay; however, be aware of this will cause the delay to be shortened dramatically.

The Circuit Court generally presides over felony criminal matters; however, it will also oversee or has the jurisdiction to preside over misdemeanor cases and charges. This will generally happen when the misdemeanor charge is also attached to a felony charge. The court see the worst of the worst, but also the dumbest of the dumbest when it comes to criminal charges.

The large number of judges makes it difficult to know the expectations of any particular criminal charge; however, that difficult can be minimized by having the appropriate counsel by your side when walking into the 7^th Circuit Court. The Law Office of Josh Jones understands the stress, pain and worry that criminal charges bring. We focus on taking the stress out of any criminal mess.

If you need to check the status of your criminal case, which may still be pending at the 7^th Circuit Court, click here and enter the appropriate information. 

Leaving Scene Of Accident - Michigan Criminal Defense Lawyer, Josh Jones - July 12, 2013

Many drivers have been or will be involved in some kind of motor vehicle accident during their lifetime. Hopefully the accident is minor and nothing serious happens to either party. People need to not only worry about increased premiums, vehicle damage and possible injury, but they also need to worry about criminal charges.

Whenever an individual is involved in an accident state law requires him or her to remain at the scene of the accident until certain things have occurred. In order to avoid criminal charges, a driver involved in a car accident must, pursuant to MCL § 257.617a, “immediately stop his or her vehicle at the scene of the accident” and remain at the scene up until “he or she has satisfied the following requirements:

Give his or her name and address, and the registration number of the vehicle he or she is operating, including the name and address of the owner, to a police officer, the individual struck, or the driver or occupants of the vehicle with which he or she has collided[;]

Exhibit his or her operator's or chauffeur's license to a police officer, individual struck, or the driver or occupants of the vehicle with which he or she has collided[; and]

Render to any individual injured in the accident reasonable assistance in securing medical aid or arrange for or provide transportation to any injured individual.

However, an individual involved in the accident must know or have reason to believe that he or she was actually involved in an accident. Therefore, if the fender bender was so minor that it would be unreasonable to know of it then an individual would technically be found innocent of this crime. However, it should be noted any outcome, even the one recently stated, would always be based upon the factual circumstances involved in the particular case at issue and there is never a guarantee to know that particular outcome.

If convicted of leaving the scene of an accident, an individual will have a misdemeanor on his or her record and face a maximum 1-year in jail and/or a $1,000.00 fine. Moreover, a conviction will be abstracted to the secretary of state, and thus a suspension of the individual’s driver’s license will occur, but this is dependent upon whether there is property damage or whether personal injury occurs. If a suspension levied it will be for a 90-day period.

It is essential and imperative to contract a criminal defense attorney when involved in this these situations. Make sure you rights are protected, call Josh Jones today.

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. 

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.