Traffic & Criminal Citations Come In Multiple Forms

Have you ever been charged with a criminal misdemeanor, yet not taken to jail or arrested, but rather issued a citation? A criminal citation is a ticket that police officers issue to individuals for certain low-level crimes. They can be in the form of a criminal misdemeanor or a civil (traffic) infraction.

Procedure

Civil Citations will generally notify the individual of the violation committed, and the date and time he or she must appear in court or direct the individual to contact the court personally within a specified amount of time in order to obtain a date to formally appear at the court. Criminal citations attach a more stringent process because the individual will be required to appear at court.

It is important to note that the time between the citation being issued and when you must appear in court can and may be a long time apart—the reason for this is that the police and prosecutor are waiting for lab reports or other evidence to be submitted. It is essential to stay in contact with the court or your attorney if you believe that you will be charged with a criminal misdemeanor (or felony) so that you do not receive an outstanding bench warrant.

For simple civil infractions, i.e. speeding or parking tickets, you will have one of two options. The first will be to simply pay the applicable fine for the particular infraction(s) committed. The second option will be to request one of two types of hearings (an informal or formal hearing). The formal hearing will be with the officer, and the informal will be with the prosecutor. If you choose to set the matter for a hearing you must do so within the specified number of days listed on the ticket or indicated by the court.

No matter the issue – Lawyer-Up

An attorney will be able to help you walk through this process with the little of ease because they are skilled and trained for performing such tasks. Why try to fight something alone when the individual you must fight against is a trained professional? Know the law, maintain your rights, and always lawyer-up with Josh Jones.

The State of Michigan has various alcohol related crimes involving various criminal acts, especially those involved with a motor vehicle. These charges and/or convictions include, but are not limited to, licensing sanction, jail time, fines, community service and/or counseling.

It is imperative to know what can and will happen to you if you choose to accept or plea guilty to or are convicted of the following:

ZERO TOLERANCE MCL 257.625(6) – individuals under 21 with a Blood Alcohol Content (aka BAC) and operating a motor vehicle are guilty of a criminal misdemeanor. No statutory jail is required, but the he or she shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 with Licensing Sanctions as follows: 1st offense – 30 day suspension with restrictions after that time; 2nd offense within 7 years is a 90 day suspension.

Operating While Visibly Impaired (aka OWVI) MCL 257.625(3) – has a maximum jail time of 93 days with maximum fines of $300.00 and Licensing Sanctions as followed: 1st offense: 90 day suspension with restrictions; 2nd offense within 7 years or prior MCL 257.625 conviction then it is an indefinite revocation and eligible for restriction after 1 year; 3rd offense or 2 prior MCL 257.625 convictions then it’s a 1-5 year revocation.

Operating While Intoxicated of Controlled Substance is not an alcohol related crime; however, it still a drunk driving charge (known as OWIPD).

Operating While Intoxicated 2nd (aka OWI) has a jail term of 5 days to 1 year and a $200.00 to $1,000.00 fine. The license sanction is a 1-year revocation if prior MCL 257.625 conviction within 7 years. The vehicle may also be subject to immobilization pursuant to MCL 257.625.

Operating While Intoxicated 3rd (OWI 3rd) 30 days to 1 year in jail. The licensing sanction is a 1- to 5-year revocation.

Operating With High BAC – An OWI charge, which can be an alcohol related crime occurs whem the individual has a BAC of .17 or more. The maximum jail up to 180 days with a possible $200-$700 fine.

Moreover, an individual should note that the maximum possible licensing sanction that may be imposed would be based upon the master driving record maintained by the Secretary of State under MCL 257.204 [257.625b(4)]. Prior issues with the drivers’ license can impact the ability for an individual to obtain his or her license when facing any of the above-mentioned crimes.

ALL THE ABOVE MAY BE SUBJECT, BUT ARE NOT LIMITED TO, THE FOLLOWING:

  1. Secretary of State will or may suspend your driver’s license.
  2. The Court will suspend your driver’s license.
  3. Secretary of State will revoke or deny your driver’s license
  4. Screening and Assessment for substance abuse and rehabilitation may be part of any sentence order, all at the defendant’s expense. MCL 257.625b(5)
  5. Breath Alcohol Ignition Interlock Device (aka BAIRD) placed in defendant’s vehicle for a specified amount of time will be ordered at defendant’s expense.
  6. Community Service.
  7. In addition, defendant may be ordered to pay restitution, cost of prosecution, and reimburse the county for your jail stay and probation oversight fees.

Always consult an Attorney prior to moving forward in any criminal matter, especially one that is an alcohol related crime. Criminal charges, especially alcohol and drug related offenses, will and can impact an individual in multiple ways. Make sure that you have the right person in your corner. Josh Jones has your back 7-days a week. Contact him today!

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.

Open Intoxicants – Open Alcohol In A Motor Vehicle

What is open intoxicants? Did you know that if you are in a vehicle that is upon a highway or otherwise open to the general public or generally accessible to motor vehicles you are not allowed to have an open container of alcohol? This applies to individuals that are driving or simply a passenger found within the motor vehicle. See MCL § 257.624a. This is known as open intoxicants within a motor vehicle, and is considered a misdemeanor here in the State of Michigan.

The rule states as follows that individuals are “not allowed to not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle,” i.e.e not possess open intoxicants within a motor vehicle. MCL § 257.624a(1). A passenger area of a vehicle has been defined as: “means the area designed to seat the operator and passengers of a motor vehicle while it is in operation and any area that is readily accessible to the operator or a passenger while in his or her seating position, including the glove compartment.” MCL § 257.624a(5)(d). As you can see both the driver and the passenger can be guilty of open intoxicants here in Michigan.

If an individual is convicted of open intoxicants for the first time he or she will receive two (2) points on his or her drivers license. Also, a misdemeanor will be placed on the individual’s record. Moreover, if an individual is convicted of open intoxicants two (2) times within 7-years then he or she will receive a 30-day suspension followed by 60-days of having a restricted license. An individual convicted of open intoxicants three (3) times will receive a 60-day suspension with a 305-day restricted.

It is imperative to know what happens to your license when you plead to or are convicted of an alcohol or drug crime, such as open intoxicants here in Michigan. An individual may also have to perform community service and undergo substance abuse counseling at the direction of the court if they plead guilty to or are convicted of open intoxicants. It is logical to see that subsequent convictions of open intoxicants will only increase your risk of a more severe punishments during the sentencing stage of the criminal process.

What’s more important is knowing that your past criminal history, if involving alcohol or drugs, will only bring about more licensing issues and stiffer requirements while on probation, which is the reason it is a logical thought and comment. Other crimes can too have an impact on when you can drive again, even when the prior conviction is not a open intoxicant charge.

Contact a criminal defense attorney immediately if you are involved in any kind of criminal action, whether it is a misdemeanor or a felony. Josh Jones is your Michigan Criminal Lawyer and is here for your 7-days a week. 734-355-0424 or 810-691-7308 today!

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 Common Criminal Law Questions

The following Common Criminal law QUESTIONS and ANSWERS will provide you with an insight into some of the most common criminal terms and procedures used within the Michigan Criminal Justice System. Knowing the law and the answers to these common criminal law questions can and will help protect your rights when or if you are criminally charged or involved with law enforcement.

Q: What is a criminal felony?

A: Felonies are crimes that have a punishment consisting of imprisonment for more than one year while also attaching fines and court costs with a variety of other terms if placed on probation or parole. The punishments for these crimes are controlled by Statute. Examples of such crimes include, but are not limited too: Felonious Assault, Murder, Criminal Sexual Conduct, Home Invasion, Delivery or Manufacturing a Controlled Substance or Marihuana.

Q: What is a criminal misdemeanor?

A: Misdemeanors are crimes that have been categorized as less serious offenses as compared to felonies. Most misdemeanors range in punishment from by ninety days to one-year imprisonment plus any fines and costs ordered. Some Misdemeanors (known as High-Court Misdemeanors) can have punishment that exceeds a one-year maximum jail term. These crimes are also controlled by Statute or they will be controlled and prosecuted at the local level through Municipal Ordinances. Examples of these crimes are: Use of Marihuana, Possession of Marihuana, Disorderly Persons, Minor in Possession (aka MIP), Drunk Driving.

Q: What are Miranda Rights?

A: Miranda rights originated in United States Supreme Court case of Miranda v Arizona, 384 US 436 (1966). The Miranda Rights is a warning of stated rights by law enforcement, which must provide to the accused (or questioned) prior to a custodial interrogation taking place. The right outlines that he or she does not have to speak to the police, that he or she has the right to remain silent (which must be explicitly responded to), and that he or she has the right to the assistance of counsel.

Q: What will happen if the police do not give or read me my Miranda Rights?

A: If police take any statement from the accused without informing the individual of his or her Miranda Rights then the statement(s) made to the officers may be “suppressed.” This means the prosecutor may be barred from using the statement against the individual. However, this area of the law is very complex (and factually driven) and should always be handled by and discussed with an Attorney.

Q: What is a Michigan District Court?

A: The District Court is the court that oversees and handled all criminal misdemeanors. All adult criminal cases will begin in the district court, and when the matters involved only misdemeanors the District Court will dispose of those matters as well. In felony cases, the District Courts handle the initial arraignments, setting bond, and will conduct felony preliminary examinations.

Q: What is Michigan Circuit Court?

A: A Circuit Court handles all felony charges and any misdemeanors attached or charged along with the felonies. A felony charge (or case) will only make it to Circuit Court if the District Court has found probable cause that a felony was committed and that the individual charged committed that crime. This process is called “bind-over” and is determined at the preliminary hearing held in the District Court.

Q: What is a bench warrant?

A: A court order requiring the arrest of a defendant. Generally, these are issued when a defendant has failed to appear at court when directed or has violated a court order, term of probation or a condition of bond.

Q: What is criminal arraignment?

A: The initial court appearance by the defendant after being charged with a crime. This hearing is generally limited to identifying the defendant as the defendant, making sure the defendant understands the charges pending against him or her, and setting bond.

Q: What is a preliminary examination hearing?

A: This is the probable cause hearing (as mentioned above), which will usually occur within 14-days of the arraignment date. This type of hearing only occurs in felony matters. The purpose of the hearing is for the prosecutor to establish, by probable cause, that a crime was committed and the defendant committed the crime.

Q: What is pretrial conference?

A: This is a court-scheduled meeting between the defendant (or his or her attorney) and the prosecutor—these may be called scheduling conferences. Generally, potential plea bargains, the scheduling of motions, and/or choosing a date for trial will be performed.

Q: How is sentencing in Michigan performed?

A: The Sentencing will occur after a defendant has been found guilty or pleads guilty to a crime. This is where the judge will impose his or her punishment onto the defendant pursuant to statute and some discretion. Generally, for felonies and some misdemeanors, prior to sentencing a Pre-Sentence Investigation Report (aka PSI) will be scribed, which is performed by the Court’s Probation Department. The PSI will contain information regarding the defendant’s background, the offense committed, other relevant information, and a sentencing recommendation written by the Probation Department. The judge when determining the appropriate sentence for the individual defendant uses the PSI.

Josh Jones, Michigan Criminal & Marijuana Lawyer, can provide you with your answers to even more common criminal law questions. Contact him 7-days a week at 810-691-7308 or 734-355-0424.

Michigan Disturbing The Peace MCL 750.170

Disturbing the Peace MCL 750.170 is an actual crime here in the State of Michigan, which covers a large array of acts that could potentially land someone with a criminal misdemeanor on his or her record. Generally, Disturbing the Peace MCL 750.170 falls under local ordinances rather than under the state law. Therefore, the possible punishments and fines can and could vary depending on the arresting agency.

However, the State of Michigan Statute and under State law, Disturbing the Peace MCL 750.170, states

“Any person who shall make or excite any disturbance or contention in any tavern, store or grocery, manufacturing establishment or any other business place or in any street, lane, alley, highway, public building, grounds or park, or at any election or other public meeting where citizens are peaceably and lawfully assembled, shall be guilty of a misdemeanor.”

It is important to note that Disturbing the Peace MCL 750.150 whether charged under State law or local ordinance, revolves around the idea of maintaining respect between you and your neighbors (or others in society). Therefore, the goal of Disturbing the Peace MCL 750.150 is to prevent disruption to those around us and to always think before you act. Is you radio too loud, are you screaming, do you have a dog, is there an odor coming from your home, or something else that is causing a disruption to the public.

Josh Jones is here for you no matter what the problem may be, whether it involves criminal misdemeanors or felonies. He has you back. Josh Jones understands that situations can be troublesome and confusing, but that does not mean they have to take over your life. He is here to fight for you, not matter the case or the facts. Always lawyer-up. No criminal issue is to small to deal with on your own.

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 ALWAYS 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 a Michigan Retail Fraud charge?

The State of Michigan statutorily divides up it theft crimes into multiple categories, which includes Michigan retail fraud. The statutes go even further and divide Michigan retail fraud into separate classes or degrees that vary depending upon the act and amount of merchandise involved in the alleged Michigan retail fraud charge. Each degree maintains and has corresponding degrees of punishments for each separate crime, and thus it becomes essential to know the exact criminal charge pending when involved with a Michigan retail fraud matter.

Michigan Retail Fraud in the first degree is limited to instances where the value of the property exceeds $1,000.00 and is punishable as a felony. An individual can face up to 5-years in jail and/or a fine of $10,000.00 or 3 times the amount of the value of the property taken, whichever is greater. Moreover, the prosecutor is allowed to use and aggregate multiple incidents, of retail fraud, over a 12-month period to determine the property value amount under this statute.

The other two degrees of Michigan Retail Fraud are both misdemeanors, and thus the maximum punishment is 1-year (if convicted for second degree retail fraud) and 93-days for an individual convicted of retail fraud in the third degree. Moreover, the value of property cannot exceed $1,000.00 for a second degree charge and property less than $200.00 will attach a third degree charge.

To note, the statute does allow for statutory increases in punishment for those individuals who have been convicted of the crime on a prior conviction. This applies to all degrees of retail fraud and is enumerated by statute. Furthermore, Michigan Retail Fraud law also now allows for a more severe crime of Organized Michigan Retail Crime Act when the individual is alleged to have committed the theft with the intent to resell, distribute or return the items for gain.

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 Statutory Rape In A Nutshell – A Criminal Sexual Conduct (CSC) Crime

The Michigan Statutory Rape law is a serious matter that should always be handled by an effective criminal attorney. Generally, a  sexual act can be very gratifying, but it can also be traumatic, especially when the climax of the situation brings about criminal charges, such as Michigan Statutory Rape. Generally, this crime does not involve a lack of consent, however, even with consent Michigan Statutory Rape still does not recognize the act as legal due to the age of a party involved in the sexual act. The reason behind the phrase Michigan Statutory Rape.

The black letter language of the Michigan Statutory Rape law can be read here, along with the entire Michigan Rape Statutes.

In the State of Michigan, the age of sexual consent is 16, which means that once an individual reaches the age of 16 he or she is free to have sex with another individual who is also over the age of 16 (or the legal age of consent). Otherwise, an individual 16 or older engaging in sexual acts with someone under the age of 16 will be committing Michigan Statutory Rape. Essentially, the Statute determines the age of consent (no matter the circumstances) and makes it a crime for an individual who is over 16 to have sex with any individual under the age of 16.

Michigan Statutory Rape Example

Imagine an individual who is a junior in high school, either male of female, and hat individual ends up dating another individual who happens to be 15. If they freely choose to have sex then the individual who is 16 can be prosecuted under Michigan Statutory Rape law, and if prosecuted can be convicted of Michigan Statutory Rape. This would fall into one of three categories:

MICHIGAN STATUTORY RAPE ROUND-UP

If convicted the individual faces multiple repercussions that will follow him or her the rest of their life, which will include jail time and mandatory sex offender registration. A Michigan Statutory Rape charge can and will vary depending on the facts the individual face. There are four degrees of criminal sexual conduct in general and three apply to an individual charged under Michigan Statutory Rape law. CSC 1st degree is the most severe while CSC 4th is the least severe. If anyone is charged with a crime under the Michigan Rape law or Michigan Statutory Rape he or she needs to contact a criminal defense attorney immediately. This is the best way to ensure the individual’s rights and liberties afforded to him or her by law are preserved and protected.

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 A CRIMINAL OR CIVIL 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. 

Remember, Josh Jones handles all criminal matters in Genesee CountyMetro DetroitWashtenaw CountyLapeer County and Livingston County, and always has your back.

Constructive Possession Explained & Outlined

What is constructive Possession?

Many individual’s hear the word possession and automatically believe that they must be in physical contact with the item in question for it to be considered “possession.” However, in the legal word possession can also occur through a concept known as “constructive possession.”

The extension of possession without actually having possession of the item in questions is 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 at the time of the alleged incident, i.e. constructive possession. Constructive possession can occur if the individual being charged has control or dominion over the thing or item in question.

Meaning, for example, an individual who owns and holds the only key to a security box would always have possession or constructive possession over the box. Therefore, if contraband were found inside the box then the owner could be charged for the contraband through constructive possession because he would be the only individual who has access or could 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 while having sole access to the alleged item(s).

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, and thus constructive possession is only a piece of the whole pie. 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, i.e. constructive possession of the contraband.

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. Make sure to contact a criminal defense attorney whenever you are faced with a criminal misdemeanor or felony here in the State of Michigan. Remember, Josh Jones handles all criminal matters in Genesee CountyMetro DetroitWashtenaw CountyLapeer County and Livingston County.

PLEASE DO NOT RELY upon any of the information contained in this article or on the internet when attempting or trying to represent yourself within a court of law. You should and must always consult with an attorney before relying upon any written advice, article, blog, etc.

Michigan Misdemeanors: Maximum Punishment

Violations: The following is a list of possible Michigan misdemeanors and their maximum fines and jail sanctions imposed pursuant to Michigan statute. These may vary depending on whether the charge or conviction is based upon a local ordinance or under the Michigan Statute, which is dependent on the charging governmental body (i.e. State or Local Municipality).

The following is a list of common Michigan Misdemeanors or Sanctions:

MIP – Minor Purchase/Possess/Consume Alcohol, no jail, $100 to $500

MIP – Minor Purchase/Consume Alcohol in a Vehicle, 90 Days, $100

Nuisance Party/Attend/Allow/Host, 90 Days, $500

Open Intoxicants in Public, 90 Days, $500

Open Intoxicants Motor Vehicle, 90 Days, $100

Operating While Intoxicated 1st (OWI), 93 Days, $100 to $500

Operating While Visibly Impaired 1st (OWVI), 93 Days, $300

Operating With a High BAC, Super Drunk, 180 Days, $200 to $700

OWI 2ND / OWVI 2ND, 5 Days to 1 Yr., $200 to $1000


Operating With Presence of Drugs (OWPD), 93 Days, $100 to $500

Possession of Marijuana / Use, 90 Days to 1 Yr., $100 to $2000

Disorderly Conduct, 90 Days, $100 to $500

Disturbing the Peace, 90 Days, $500

Domestic Violence, 93 Days to 1 Yr., $500 to $1000

Contribute To Delinquency of Minor, 90 Days, $1000

Reckless Driving, 93 Days, $500


Retail Fraud 3rd Degree, 2nd Degree, 93 Days to 1 Yr., $500 to $2000

Urinate in Public, 90 Days, $500

Trespass, 93 Days to 1 Yr., $500 to $2000

Malicious Destruction of Property MDOP, 93 Days to 1 Yr., $500 to $1000

No Proof of Insurance, 1 Yr., $200 to $500


Embezzlement under $200, 93 Days, $500


Receive Conceal Stolen Property, 93 Days to 1 Yr., $500 to $2000

Larceny (Under -$200) $200-$1000, 93 Days to 1 Yr., $500 to $1000

Furnish Alcohol to a Minor-Statue/Ordinance, 60 Days to 90 Days, $500 to $1000

Restricted License Violation, 90 Days, $100

Zero Tolerance (Person under 21 w/BAC), no jail, $250


Assault & Battery, 93 Days, $500

Breaking & Entering, Illegal Entry, 90 Days, $500

Drive on Suspended, Revoked, Driver’s License, 93 Days to 1Yr., $500 to $1000

No Operators License in Possession, 90 Days, $100

NSF-Non- Sufficient Funds Check (Under $100), 93 Days to 1Yr., $500 to $1000

Failure to Report or Stop at Property Accident, 90 Days, $100

Malicious Use of Telecommunication Services, 6 Months, $1000


Ignition Interlock: Operating Without BAIID Properly Installed, 180 Days, $200 to $700


Ignition Interlock Device: Unauthorized Removal of BAIID, 90 Days, $200 to $700

In Addition to the above penalties there are other consequences:

The Secretary of State will in some cases suspend or revoke your driver’s license and impose drivers license responsibility sanctions. These sanctions, possible suspensions, restrictions or revocations will vary depending on the charge and conviction. Individuals must also be concerned with second or subsequent charges and convictions. These too will impact the possible punishments that an individual face when he or she is sentenced—whether they choose to plea or are inevitably found guilty.

Including the above punishments, courts will vary when and if it renders jail sanctions, probation terms and at sentencing. Again, the circumstances of the case and the defendant will, whether positive or negative, impact any particular case and its ultimate disposition. Make sure you obtain the right Attorney for your criminal case. Josh Jones maintains a full-service criminal defense firm, specializing in marijuana law and handlings all Michigan Misdemeanors and Felonies.

DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING OR ATTEMPTING TO REPRESENT YOURSELF IN A CRIMINAL COURT ON A MICHIGAN MISDEMEANOR, FELONY OR OTHERWISE. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR REPLACE 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. LAWYER-UP. 

 

What Is The Right Of Privacy?

You would initially assume that the Right of Privacy is explicitly stated within the United States Constitution; however, this is not true. Instead, it is an interpreted or created right due to some of the core Amendments found within the document.

One of the core Amendments creating such a right is found within the Fourth Amendment, which states that “we the people” are to be free unreasonable government intrusion or searches. Of course, this freedom of a Right of Privacy only exists when there is a lack of probable cause for such an intrusion, hence the reasonableness standard recently mentioned.

Other Amendments create certain rights that allow us to control decisions concerning our bodies and private lives without the interference from the government, just as mentioned about, i.e. right to choose own child’s education, right to have consensual sex with another adult, right to free speech, etc (i.e. your Right of Privacy or to be left alone).

It is important to note that when dealing with children and public schools, the child may not always have a right of privacy while inside or attending that school. The reason for this is policy based and assists in maintaining the safety of the others inside the school. This does not mean that schools can do whatever they choose—because they are public the Constitution still plays a role. However, that role may mean a decrease in a child’s right of privacy while attending that particular school.

Therefore, it is essential to know the law, maintain your right of privacy, and then lawyer-up. You are always allowed to tell an officer “no,” so do it. Make the officer work and investigate – that is his or her job as a law enforcement officer. Contact Josh Jones 7-days a week if you or someone you know is facing a criminal felony or misdemeanor charge here in the State of Michigan. Remember, he handles all criminal defense matters, and specializes in marijuana law.

PLEASE DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING OR ATTEMPTING TO REPRESENT YOURSELF IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR REPLACE 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. LAWYER-UP.