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. 

United States v Jones - GPS Tracking & Constitutional Searches - Michigan Criminal Lawyer, Josh Jones

GPS Tracking - Was it a Search?

The United States Supreme Court held that GPS tracking devices were not allowed to be attached an individual’s vehicle unless the government has first obtained a warrant to attach such a device. See United States v Jones. The defendant Jones was being investigated by the federal government, which included surveillance, cameras, and wiretaps of Jones’s phone. Using the information obtained from the investigation, the Federal Government applied for a warrant to use a GPS tracking device to track Jones’s movements, yet the government failed to attach the device prior to the ten-day deadline noted inside the warrant.

The court began its analysis by looking at the Fourth Amendment of the United States Constitution, which prohibits an “unreasonable search and seizure.” In order to determine what constitutes an unreasonable search or seizure hinges on the whether there is a reasonable expectation of privacy in regards to the area or thing searched or seized. The Court noted previous holdings where it had to determine the legitimacy of a “beeper” GPS device in the eyes of the Fourth Amendment. In those cases were different than in Jones because the item tagged with the “beeper” was owned by a third-party.

Even though the government is allowed to watch, follow, and tape an individual from a distance, the Court in Jones explained that attaching a GPS device to a vehicle went too far. The need for a warrant is necessary due to the invisible line that is crossed when the government encroaches an individual’s personal property.  

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.

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. 

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.

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.