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Becket J. Jones
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Becket Jones’s Answers

844 total


  • What can I do to minimize my probation, testing, and/or classes to be free sooner?

    I'm being sentenced 7411 next week for a Marijuana charge. I had barely any and quitting is not challenging. So I know I can be clean for a long time. I'm representing myself. I've completed probation, testing, and classes with flying colors befor...

    Becket’s Answer

    Follow the Probation Order to a "t". Pay off your fines / costs immediately.

    The fact that you have been on probation before is a good thing and a bad thing in your situation. Good, because based on how you did previously, it appears that you can get through it standing on your head. Bad, because you have been on probation before. Because you have been on probation before, I suspect a judge isn't going to love the idea of minimizing the term in this situation (especially if your prior probation was substance related - alcohol or illegal controlled substances).

    I would be careful about saying, "I don't need probation" to the judge too. The very quick response you are likely to get is something along the lines of, "I would beg to differ. You have been involved in the criminal justice system before."

    Being polite helps if you are representing yourself.

    Best of Luck.

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  • Is this true, and is so, then how, and why???

    I read this here, "If you plea guilty you may not be eligible to seek an expungement of your record (seal your records)" Read more: http://www.justanswer.com/law/0t4jh-punishment-disorderly-conduct-charge-mi.html

    Becket’s Answer

    Without any context to the question, the statement doesn't mean much.

    If you only have a disorderly person conviction on your record, then five years from the sentencing date, end of incarceration or end of probation (whichever is later) you would be eligible for expungement.

    That said, if you had multiple criminal convictions on your record, then in some circumstances you may not be eligible for an expungement.

    The entire scenario is fact driven. I would also note that the link you provided goes to a question posted eight years ago, and the section you highlighted is a vague response to a vague question.

    If you have specific questions about a specific issue, you should schedule a consult with a criminal defense attorney in the Romulus area.

    Best of Luck.

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  • What can be done for an unemployed alleged first offender?

    In Michigan, the penalty for a misdemeanor seems to up to 90 days in jail and/or $500 fine. If someone doesn't have a criminal record, and the prosecutor doesn't do a "nolle prosecqui", then could one get just a fine and do community service in ...

    Becket’s Answer

    Some of the fines and costs issued by the court can be taken care of via community service. However there are $125.00 in state costs / crime victim rights act fees that cannot be paid via community service.

    If you don't have a criminal record, and want to keep it that way, you should at a minimum request a court appointed attorney in the matter.

    Best of Luck.

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  • I plead no contest to felonious assault thus I have a felony. Wanted to know if I can have the felony reduced to a misdemeanor

    Recently read you can have felonious assault reduced to a misdemeanor is this true

    Becket’s Answer

    It is true that you can gain a reduction through plea negotiations, however you have already plead. The only way you could gain a reduction at this point is to convince the prosecutor to do it after the fact (which is highly unlikely).

    There is no traditional legal mechanism to gain a reduction after the plea has already been entered.

    Best of Luck.

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  • Can a 11 year old case be dismissed if me and a attorney made a desperate plea with the prosecutor not to object?

    Have a very good job offer but my felony conviction from 11years ago is holding me up I don't qualify for a expungement because I have 3 misdemeanor s.

    Becket’s Answer

    It is not clear what you are asking. I agree with my colleagues though.

    You are not eligible for an expungement based on your criminal record. Thus, I don't see how you can even get before a judge to argue the issue. And, if you did find your way before a judge to argue the issue, he / she would have no jurisdiction to dismiss the charges / expunge the matter, irrespective of whether the prosecuting attorney objected to it or not.

    Now, is it possible to find a soft hearted prosecutor to dismiss a case after the fact - yes, its possible, but extremely unlikely. You can also seek a governor's pardon, which is equally unlikely.

    Sorry the response is probably not one you were looking for.

    Best of Luck.

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  • Who can speak at an expungement hearing. My friend has a misdemeanor sex offense and since has not had any other issues.

    Expunged record

    Becket’s Answer

    He / she will need to sit down privately with an attorney to determine eligibility for an expungement. Some sex crimes are not eligible for expungement (as dictated by the statute). There are timing considerations for the Application to Set Aside Conviction (expungement) as well (five years must have elapsed since the conviction / end of jail term / end of probation - whichever occurred last).

    Assuming that he / she is technically eligible for an expungement, the next step is to convince a judge that it is appropriate. Finding an attorney who has argued these out before is the intelligent thing to do. Different judges like to see different things in these matters.

    Best of Luck.

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  • Will he be charged with DV with strangulation if I hit him first? Will he receive maximum penalty with no DV or violent history?

    My boyfriend and I got into an argument and I slapped him a couple times and he choked me .He was arrested the next day following another argument .

    Becket’s Answer

    Strangulation cases are major felonies.

    Depending on the overall facts and circumstances, he may have a defense (self-defense) in the situation. Whether that defense flies is up to a jury if the case gets to that point.

    As far as a maximum penalty - while you state that he has no prior Domestic Assaults or violent history, there is no indication on whether he has other criminal convictions. The facts and circumstances of the case coupled with his prior criminal history will dictate his sentencing guidelines, which most judges use as a baseline for a sentence.

    With little criminal history / no violent criminal history, I find it relatively unlikely that he would even be sniffing the max prison sentence. That said, I have no idea who the judge or prosecutor is, and don't know the facts / circumstances of the overall case.

    If we would like a better lay of the land, he should consult privately with a criminal defense attorney.

    If you are hoping he gets the max, then you can certainly ask for it, as the Prosecutor will get you a Victim Impact Statement to fill out and return to their office in advance of any sentencing on the case.

    Best of Luck.

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  • Is there any way to get multiple felonies off of your record?

    My fiancée got in some trouble in 2011 and was convicted of cocaine possession, DUI, and possession of analogues. Since then, he is sober and goes to counseling. Anyhow, we both have great jobs and make over $8000 a month. We are looking to move t...

    Becket’s Answer

    Certainly not through any traditional means. An expungement is out because he does qualify with the statute.

    He can seek a governors pardon.

    He can also retain counsel to grovel with the former prosecutor.

    Those options are all extreme long shots.

    Best.

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  • How does a marijuana possession charge and arrest in Michigan affect someone residing in New York State?

    My husband travels extensively for work and was stopped at the border this evening on his way to Michigan. He was on his way to an event with several boxes and his car was searched - nothing unusual for him. Unbeknown to him, the suitcase that he ...

    Becket’s Answer

    I will try to answer your questions in order:

    1. Too vague to answer.

    2. I've never personally seen a court issue the max fine on a possession case. It's possible but I'd find it unlikely. Jail time depends on the county, judge, etc. but I also don't see jail often in possession cases.

    3. In a criminal case the defendant needs to be present for all hearings. Sometimes different judges will allow people to appear by phone / video. However that is fairly rare - you will need a lawyer that has a good relationship with the prosecutor and judge for this.

    4. There are potentially diversion options available (depending on his criminal history) that would make it so he could keep his driving privileges and a clean criminal record.

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  • What can I do? I feel like I was wrongly arrested and harassed

    I moved out of my house because my husband and I were having problems I went into our house to get something that belonged to me. I was arrested. My name is on mortgage I have a key and my kids let me inside Do I have a case? I spent 7 hours in...

    Becket’s Answer

    It 100% depends on the circumstances. i.e. whether there was a court order / PPO that didn't allow you to enter the premises, have contact with the children, etc.

    Is it possible you have an issue? Absolutely. But, again a lot more information would need to be known that what is provided here.

    Additionally you should not put more information here - instead you should consult with an attorney in private on the matter.

    Best of Luck.

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