Electronic Insurance Cards Allowed

With the advent of technology Michigan law has been modified to correlate itself with such advancement. Prior to January 2015, the State of Michigan did not recognize electronic insurance cards as sufficient proof of proper insurance, which is required for automobiles in the State. Electronic insurance cards specifically refer to those found on an individuals phone or other electronic device representing a sufficient proof of insurance. The new law can be found under MCL 257.328.

Specifically speaking, providing an electronic form that is issued by the insurance company certifying the showing of insurance is a valid form of an electronic insurance card. Having an electronic insurance card on your individual person is prima facie proof of proper insurance. However, it should be noted that an officer can require that the individual subsequently submit the electronic version of the insurance to the proper or appropriate police department.

This new law allows for the expansion and protection of individuals that have insurance, but do not hold or have a paper copy of their insurance. Electronic insurance cards provide individuals a secondary option of showing that they do in fact have proper insurance, which would allow the individual to have options of bypassing a misdemeanor or other civil infraction. Remember, even civil infractions can impact an individual’s driving record.

Whenever you are or could be facing a criminal or traffic offense contact a local counsel. He or she always provide guidance regardless of the situation or severity of the circumstances. It is what they are here for. Josh Jones is here 7-days a week, and handles criminal and traffic offenses throughout Michigan.

PLEASE DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECTUATE 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. 

Traffic Infraction Consequences

Traffic infractions consequences are important because with the right amount of consequences can lead an individual to losing his or her drivers license. The State of Michigan has certain ways that individuals can lose their license because of traffic infraction consequences. In numerous situations, individuals who accumulate or obtain too many points on his or her driving record will have his or her license suspended until certain criteria are met.

Moreover, prior to losing drivers license, an individual will or could face responsibility fees for the accumulation of too many points, which will also occur upon the suspension of a license. This is why it becomes to important to obtain an attorney prior to admitting responsibility for or paying a traffic ticket, which helps avoid potential traffic infraction consequences. An individual should never simply pay a traffic ticket, even when it’s their first traffic ticket or infraction. The reasoning behind this logic is because another traffic infraction consequence involves the increase in insurance premiums when the traffic infraction is placed on an individual’s driving record.

Simple traffic infractions can be pesky and annoying and involve the accumulation of points on the driving record. But did you know there are other traffic tickets that are classified as criminal, attaching serious traffic infraction consequences? Some of these infractions include reckless driving, drunk driving, driving without a drivers license or insurance, and other various traffic infractions, violations and the like. Traffic infraction consequences can bring about immediate suspension upon conviction of the above aforementioned crimes or infractions. Responsibility fees, points, and possible criminal probation can also ensue from a conviction of such a crime. Moreover, the individual’s criminal record will be impacted and a conviction placed on the record will also occur. Criminal traffic infractions are serious, and they should always be handled by a traffic attorney.

In the end, whether the traffic infraction consequences are severe or simply involve the accumulation of points, and individual should never shy away from obtaining assistance on his or her matter. The end result will provide a softening of any impact that may or may not occur on the individual facing the infraction. Josh Jones is here 7-days a week by phone, email or text. Contact him today with your traffic matters.

DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECTUATE 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.

Grand Rapids Marijuana Law Upheld

In the final months of 2015, the Michigan Supreme Court provided much hope for the marijuana community by failing to hear and take up the case involving Grand Rapids’ marijuana law, decriminalizing marijuana within the city.  It must be said that the Michigan Supreme Court did not specifically hear oral arguments or render an opinion, but rather the Court decided not to hear arguments on the case nor did it accept the case on appeal from the Michigan Court of Appeals.

Earlier in 2015, the Michigan Supreme Court found for the City, and it determined that the Grand Rapids’ marijuana law, which was amended through the City charter, was valid. The local ordinance does not replace or nullify any existing, specifically when faced against the state law that criminalizes marijuana under Michigan Public Health Code. Now, the City of Grand Rapids and its interrelated City Police Department issue civil infractions for violations of its marijuana ordinance. The civil infraction criminalizes an act involving marijuana, but it does not provide criminal punishment nor a criminal record. Instead, as stated above, a civil infraction is issued under Grand Rapids’ Marijuana law.

An individual must remember, the Grand Rapids Marijuana Law only applies within the city limits. If found in violation of the local law, an individual will face a $25.00 fine for the first violation, $50.00 for a second violation, and $100.00 for a third or subsequent violation. IN order to fall under this local law, the individual must be at least 18 years or older. There are still very many issues that can appear and evolve within Grand Rapids due to this new local ordinance; however, the Grand Rapids’ Marijuana Law does provide for certain safeties that were not in place beforehand.

It is essential to remember that individuals are not fully protected by the Grand Rapids’ marijuana law, even when those individuals are found to be possessing within the city limits. There are numerous reasons for this and they should be examined separately pursuant to each individual case at hand. With that said, whenever you are facing or could face charges for marijuana acts, please contact a criminal defense attorney immediately in order to seek advice and guidance on your individual case. Josh Jones is here for you 7-days a week and is only a phone call away.

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.

Looking At Detroit’s MMMA Dispensary Ordinance

Here in the State of Michigan, Medical Marihuana Dispensaries operate in a gray-area within the law because of the People v McQueen decision rendered by the Michigan Supreme Court. The lack of legislation action has only increased the gray-area for how and if dispensary can operate here within Michigan. Many local municipalities has enacted local ordinances that allow medical marihuana dispensaries to operate within their areas.

Prior to the conclusion of the 2015 year, the City of Detroit passed a local ordinance that would control the operations, location and legality of medical marihuana dispensaries within the city. Detroit’s MMMA dispensary ordinance will cow-tail the pre-existing medical marihuana businesses, which may or may not make some people unhappy. Prior to the passing of the Detroit’s MMMA dispensary ordinance there was approximately 150 or so dispensary already operating within the city. Detroit’s MMMA dispensary ordinance is said to become effective on March 1, 2016, which means there will be some time for preexisting and new operators to take the appropriate steps in order to operate within the city legally.

Detroit’s MMMA dispensary ordinance is said to essentially limit the amount of legal operations to approximately 650 spaces or parcels within Detroit. Moreover, there is not a buffer or free zone within Detroit’s MMMA dispensary ordinance which does not allow a dispensary within 1,000 feet of another dispensary, church, school, city parks, or drug free zones (such as libraries, educational institutions, child care centers, etc.). However, it has been reported that Detroit’s MMMA Dispensary Ordinance does allow for individuals to petition or ask the council for a variance, which would inevitably allow the owner or operator to place his or her location within the 1,000 foot area. This would of course be dependent on the City Council. It has been reported that some individuals believe the new MMMA ordinance for Detroit is far to constrictive, even though it was believed that the law needed to be passed and regulations put into place.

The medical marihuana industry is in constant flux, which is why whenever you are involved in or with medical marihuana you need to ensure that you have someone who will stand by your side. Josh Jones specializes in marihuana defense (both medical and non-medical) and is here to assist you in the do’s and do not’s of the medical marihuana industry as it applies here in the State of Michigan.

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 Supreme Court Eliminating Sentencing Guidelines

In 2015 the Michigan Supreme Court wrote an opinion eliminating sentencing guidelines, which meant that felony sentencings would change after People v Lockridge. Prior to this opinion, courts were required to follow sentencing guidelines, unless the judge or court were able to specifically articulate a reasoning (after specific findings) to divert or go against the recommended sentencing guidelines within the particular case at hand. Eliminating sentencing guidelines, as was held in People Lockridge, removed this mandate and requirement of following sentencing guidelines here in the State of Michigan.

Essentially, the Court ruled that mandatory guidelines violated the 6th Amendment by requiring a mandatory minimum, and inevitably eliminating sentencing guidelines. It must be noted that the entire sentencing guideline system was not eradicated, but rather it was softened and loosened by providing judges with more discretion when rendering a sentence. Prior to the Lockridge opinion, Judges were required to find a substantial and compelling reason to depart from the sentencing guidelines, which would then be established by the defendant or the facts provided to the jury.

The Michigan Supreme Court, extended a prior U.S. Supreme Court opinion that provided a similar conclusion regarding the federal sentencing guidelines. The U.S. Supreme Court, in Apprendi, originally ruled that the federal guidelines also are discretionary, yet they too must be considered. Therefore, in Michigan the sentencing guidelines essentially become advisory for courts; however, the court must still justify the sentence imposed and consult the guidelines. In the end, it can be seen how the sentencing court essentially eliminated sentencing guidelines, but they are not thrown out the window.

No matter the situation, or the crime, a criminal defense attorney is essential. They provide necessary information, guidance, and assistance for felonies and misdemeanors. Eliminating Sentencing Guidelines influences felony crimes, but misdemeanors too can bring about jail and confinement. So whenever you are charged or could be charged with a crime here in the State of Michigan, contact your criminal lawyer. Josh Jones is here 7-days a week.

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.

Examining Drunk Driving Prevention

Many individuals know that drunk driving charges can and are serious matters. This is especially true, not because of the possible jail confinement or fine imposed, but because of the other consequences, sanctions, and punishments that can be and are inflicted on an individual convicted of a drunk driving charge. At the end of the day, drunk driving prevention is essential to keeping you safe and out of jail. Remember, drunk driving charges encompass a large range of various crimes, such as OWI, OWVI, DUI, or OWI 2nd subsequent.

Drunk driving prevention begins and ends with the individual who chooses to drink and then get behind the wheel of a motor vehicle. The best way to prevent drunk driving charges is to not drive. This either means that when you drive your vehicle and then decide to drink, you call a cab, Uber or a friend or family member, or the other option is to not drink at all when you are utilizing your motor vehicle. Drunk driving prevention begins with the choices we make before we even make the choice to drink. For example, contacting a cab or Uber or having a designated driver is an obvious choice rather than abandoning your vehicle once you have already went out for the evening. But drunk driving prevention is not always that easy nor clean cut.

The real issue begins when an individual is involved in an accident or a traffic stop that subsequently also the suspicion of drunk driving. This too is where drunk driving prevention can come into play. The reality of life is that people drink and drive, and thus when they are confronted by police during these times. Drunk driving prevention becomes imperative because even if you are intoxicated you have specific rights that should not be infringed upon or given up. Remember, you have the right to remain silent, the right to counsel (or representation), and you lose that right and will have things used against you during a police encounter if you choose to speak or voluntary provide them with incriminating information. This is beyond important, and so many individual’s forget these two important rights.

You are not required to answer questions such as “have you been drinking,” “when was your last drink,” or “how many drinks have you had tonight.” These are incriminating questions, which you can and should invoke your right to silence on. It is not enough to simply remain silent, you must unequivocally voice your right that you will not answer and instead remain silent. Use this right whenever you are involved in questioning by a police officer and feel that what you say may be incriminating. It is better to invoke this right and the right to counsel prior to hurting your case and yourself. Police officers have a job, which is to collect evidence and protect other citizens. Invoking your rights is not against the law nor is it hindering an officer’s job performance. In fact, it is forcing the officer to continue with his or her duty of color to actually perform an investigation in order to substantiate their claims of criminality against you.

Simple questioning is not the only thing involved in drunk driving prevention or investigations. Officers will ask you to perform field sobriety tests, roadside and in-custody breathalyzer tests, and possibly other various tests and procedures to determine if you are in fact intoxicated beyond the legal limit. Knowing what can and cannot be done during a drunk driving investigation is essential all drunk driving cases. This is why having proper representation whenever you are involved in drunk driving charges is the key too drunk driving prevention. Josh Jones is here 7-days a week; contact him 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 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.

Police Officer Mistakes – They do happen

Whenever you are confronted by a police officer, it becomes essential that the particular police officer involved handles him- or herself accordingly. Police officer mistakes can lead to a great outcome in a criminal case. When police officer mistakes occur, it brings about the possibility of having the case dismissed against the particular individual or client. These situations do not occur all the time, but police officer mistakes can and do actually occur, which is why it is important to be receptive of the types of police officer mistakes that can come up in a given case.

The various types of police office mistakes vary from case to case and even person to person. There are multiple ways that police officer mistakes can affect a criminal case, which includes but are not limited to the following:

  • Constitutional violations
  • Lack of Reasonable Suspicion
  • Lack of Probable Cause
  • Searching a place/thing/person without a warrant
  • Seizing a thing/person without a warrant
  • Failing to read Miranda Warnings
  • Human Error

These types of police officer mistakes do not happen in all circumstances and police encounters. They can occur, however, in traffic cases, drug cases, incidences occurring in the home, and in other situations. Moreover, the types of cases where police officer mistakes are not apparent when first reviewing the case nor may it be easy to show that the mistake or violation has occurred. This is the reason it becomes necessary for any individual who is arrested or is encountered by a police officer to contact counsel immediately.

A criminal defense attorney who specializes in these issues is necessary because he or she see them continuously and understand what it needed in order to be victorious in defending the rights of their clients. Josh Jones, is a superior Michigan criminal lawyer, and is here to help you with all your criminal matters that occur or have occurred here in Michigan. Always make sure that you have someone fighting for you and your criminal matter, no matter the size or magnitude of the crime. Remember, contact Josh Jones today for your free consultation and your first step in defending your criminal matter.

DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECTUATE 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 MIP Amnesty Law

Protections For Some Minors Who Come Forward

In June of 2012, the State of Michigan modified the Michigan Liquor Control Code (aka MLCC) to include an exemption for certain individuals suffering from alcohol poisoning, i.e. the MIP Amnesty Law. This exemption applies to a minor who purchases, consumes or possesses alcohol. See MCL § 436.1703(10). Traditionally, an MIP is a criminal misdemeanor if an individual under the age of 21 is caught purchasing, consuming or possessing alcohol. However, the MIP Amnesty Law provides dismissal in certain circumstances for individual in such a situation. The MIP Amnesty Law requires the individual to:

– 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.

The MIP Amnesty Law protects minors from fear of being criminally prosecuted for an MIP if the minor is seeking medical or emergency assistance because of alcohol use, and, inevitably charged with possession, use or purchasing alcohol. This legislation does not recuse MIPs outright; it does, however, 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 MIP Amnesty Law is to provide protections for serious situations. The MIP Amnesty Law should afford individual minors with the comfort of coming forward to protect themselves and others when alcohol becomes dangerous. Know the law, know your rights, and always lawyer-up. Contact 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 EFFECTUATE 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.

What Is Aiding And Abetting?

Here in the State of Michigan there is a crime known as aiding and abetting. It is important to understand what acts constitute conviction under the law here in Michigan. The concept may be considered similar to a conspiracy charge, however, aiding and abetting requires different proofs for a prosecutor to obtain a conviction.

First, in order to obtain a conviction under aiding and abetting, the prosecutor must prove that the individual defendant or someone else committed a crime. Further, the individual must have prior to or during the crime, assisted in some manner to commit the crime. Lastly, the individual defendant must have intended for the commission of the crime or knew was going to be committed.

The crime of aiding and abetting comes from common law and was generally a separate and distinct crime; however, it is abrogated by statute here in Michigan pursuant to MCL 767.39. The Statute actually abolishes the distinction between the aider and abettor and the principle. This means that an individual convicted of aiding and abetting will be sentenced (and technically convicted) of the principle offense attached to the elements of the aiding and abetting charge. Therefore, there is no difference (or distinction) between a principle (or leader) and aider and abettor (or supporter) or a crime.

But what is the difference between aiding and abetting and Accessory After the Fact, which is are separate offenses here in Michigan?

The jury will decide if the individual is guilty as aiding and abetting or accessory after the fact. The distinction is subtle, but matters when determining what an individual defendant can be found guilty of. To be found guilty of accessory after the fact the prosecutor must show that the individual defendant had known about the commission of the crime and assisted in the individual who committed the crime from prosecution or after its commission.

Whenever you are charged within a criminal misdemeanor or felony, it is essential to obtain counsel. Josh Jones understands the distinctions in the law and will assist you whenever you are charged within a criminal offense here in Michigan. Contact him today for a 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 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.

Furnishing Alcohol To Minors Here In Michigan

Pursuant to MCL 436.1701 it is a criminal misdemeanor for a person who knowingly sells or found furnishing alcohol to minors or failing to make a diligent inquiry as to whether the person is a minor here in the state of Michigan. The statute makes a difference between individuals who are licensees and those who are not, both obtaining different punishments if convicted, if found guilty of furnishing alcohol to minors.

“[A] person who is not a retail licensee or a retail licensee’s clerk, agent, or employee and who violates MCL 436.1701 is guilty of a misdemeanor punishable by a fine of not more than $1,000.00 and imprisonment for not more than 60 days for a first offense, a fine of not more than $2,500.00 and imprisonment for not more than 90 days for a second or subsequent offense, and may be ordered to perform community service.” MCL 436.1701(1). A second or subsequent conviction of furnishing alcohol to minors will result in driver’s license sanctions.

Those that hold licenses and found guilty of furnishing alcohol to minors be subjected to misdemeanor sanction, or up-to 6-months in jail and/or a $500.00 fine. See generally, MCL 436.1909 and MCL 436.1701. It should also be said that for an individual to be guilty of furnishing alcohol to minors he or she must have done so with intent, meaning they knew they were under the legal drinking age, or had failed to make diligent effort into whether the person was a minor or of legal age. Furnishing alcohol to minors can lead to a criminal record, and if convicted multiple times will affect your driver’s license. Therefore, it is essential to know the law, know your rights, and lawyer-up with Josh Jones. He has your back when you are faced with criminal charges. Call him 7-days a week; he is here to help.

DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECTUATE 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.