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Becket J. Jones
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Becket Jones’s Answers

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  • Can you have a DUI expunged from your record In Michigan?

    1st Offense January 2000 2nd Offense January 2008

    Becket’s Answer

    No. Drunk Driving convictions (whether OWI High BAC, OWI, OWVI, OUIL, UBAC, etc.) can never be expunged due to the way the legislature wrote the expungement / set aside conviction statute. In fact no driving offenses (under Chapter 257 of the Michigan Complied Laws) can ever be expunged.

    Best of Luck.

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  • Ok what would this charge be and would this hurt me alot. Would I go to jail.

    A girl asked me for nudes on kik and forced me to do it. It was playing around like joking and then she is telling me to give her nudes of my little sister or she will ruin my life by posting the nudes and so I send her only one and she uses that ...

    Becket’s Answer

    You need to stop posting on the Internet and meet with an attorney.

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  • Felony embezzlement charges

    Hello. I am being charged with embezzlement from walmart. I stole around $3,000.00 dollars from there. I was arrested spent the night in jail and then was released i was told that my case was ajurned, this was 6 months ago. I received a phone call...

    Becket’s Answer

    You can request a court appointed attorney, and will receive one because it is a felony matter.

    Going forward, please don't make admissions on public websites. While their appears to be the general cloak of anonymity on sites like this, it doesn't take a rocket scientist for a prosecutor (who has equal access to this site) to put one and one together.

    Is Jail possible? Yes. Are other alternatives like probation possible? Yes. What you get in the end (if you intend to work out a plea agreement or go to trial) will be dependent on a lot of variables. Strength of the overall case is obviously an issue. Mitigating circumstances may factor in. The Prosecutor and Judge you have on the matter will most certainly factor in. Most importantly, the acuity of your defense attorney will factor in.

    There is absolutely nothing wrong with going with a court appointed attorney. Please note though, that many (not all) are overworked and vastly underpaid. Thus, the squeaky wheel generally gets the grease. If you have a court appointed attorney, make sure you ask the individual questions, and aide him / her in your defense - even if your defense will simply boil down to asking for leniency from the court system.

    Depending on a number of other personal factors (which you should not relay here on a public forum), you may be eligible for diversion options to keep the conviction off your record in the long run.

    Thus, while it appears you have been running from the case for a decent period of time, it is time to face the situation head on, and give whoever your attorney is the tools to defend you properly. Again, the biggest tools you can give your attorney are your time, attention and detailed information about both you and the specific facts of the case.

    Best of Luck.

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  • Does BAC at the time of driving calculated using Widmark's retrograde extrapolation method matters in Michigan DUI cases?

    I am a male that was tested with 0.08 BAC by DataMaster DTM 1:46 minutes after detention. I finished my last 16oz draft Oberon with 5.8% alc/vol at 2:15AM. Using Widmark's retrograde extrapolation method with average elimination rate of 0.015/hr,...

    Becket’s Answer

    Your BAC is considered to be the same at the time you were driving as the time you blew at the station.

    Is it possible to argue Widmark? Sure. Widmark is also not a special cure all. Rising BACs and lowering BACs occur out in the real world. Depends on where that person was in their night, their metabolism, and a number of other factors that a rigid, mundane math formula cannot account for.

    Long story short - you may have issues in your case, but if you are pinning your hopes and dreams to the Widmark formula, then to me you are in probably in a bad spot.

    Further arguing things like Widmark are not as easy as opening your mouth in court and educating the jury. The Michigan Rules of Evidence make trial practice difficult for those that infrequently try cases.

    Hire an attorney that knows what he / she is doing in the courtroom.

    Best of Luck.

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  • Where do we stand with a DUI?

    My daughter was pulled over in Troy Michigan. Asked if drinking said she had two glasses of wine. After asking to step out take a few field sobriety tests which she passed they asked her to blow..result 0.08.. They took her in while in the station...

    Becket’s Answer

    If they gave her a temp (paper) license (which they can legally do), then charges are likely coming.

    If she's under 21, she can be charged for drunk driving as a minor (any BAC over .02). Even if she's not, she can be charged with at least Operating While Visibly Impaired.

    One of most misunderstood areas of law is drunk driving crimes. There is a general understanding that if you are below .08 then the cop has to let you go. That is just not accurate.

    Your daughter likely needs to lawyer up. It may be possible to beat the case, or negotiate something all parties can live with. But again, I'm guessing she will be charged.

    Best of Luck.

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  • What happens if I miss court from the U.S. SEC and leave the country?

    7 years ago, I was served a subpoena from the U.S. Securities and Exchange Commission stating that there have been complaints made about me regarding securities fraud. I never went to the court date to testify or produce the documents required of ...

    Becket’s Answer

    You need to contact an attorney to make coming back more smooth. Can pretty much guarantee you that you have a warrant. Customs will have no issue taking you into custody at a U.S. Airport.

    Your prior subpoena is irrelevant. Your (likely) outstanding warrant is very relevant.

    Best of Luck.

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  • I was found not guilty for a felony in my state is this information available to the public.

    I believe this is whats holding me back from landing employment.

    Becket’s Answer

    Yes, the information is available to the public, and HR people are notoriously clueless about how to read criminal history reports. Sometimes they find the mugshot first, and presume guilt. Sometimes they notice that you were arrested and charged, and don't bother to note that there was a dismissal of all charges. Overall it is ridiculous.

    An attorney can potentially file a motion to seal the record, although that resolution is not a simple one to attain. You should sit down with a criminal defense attorney in the Grand Rapids area (who practices frequently in Kent County) to discuss your options.

    Best of Luck.

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  • Can I file a criminal complaints for prescription drug abuse? if so, Should I do it with state or federal authorities?

    I figured it out that my former partner forced me to take Ambien (sleeping pill) which was prescribed under the name of a 3rd person for facilitating having sex with me while I was drunk. I have enough evidences beyond the reasonable doubt to prov...

    Becket’s Answer

    First, I am sorry you are even having to ask about this issue, because what was done to you is horrible.

    Overall, the only person who can authorize charges is a Prosecuting Attorney. A police report needs to be submitted to the Prosecutor to make that charging decision. Thus, you need to go to the police to make a report. From there, the case is in the Prosecutor's hands.

    Please also note that there is no bright line standard for what is "beyond a reasonable doubt" in a case. Simply give as much information / detail as possible to the police, and let everyone deal with the matter in their professional capacities. I would also avoid being in direct or indirect contact with your ex, or the provider of the pills, unless you are specifically advised by the police / prosecution to do so.

    Best of Luck.

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  • Me and my friend were assaulted by a bouncer. What can I do?

    Me and my friend were sitting on the ground and talking at a club. A bouncer who has always not liked us asked us to get up very rudely. Both me and my friend did and I asked if he was happy now. He then got in our face and said you need to get th...

    Becket’s Answer

    • Selected as best answer

    If you want to make a case of this, you need to talk to the police and ultimately have a police report filed on the matter. Whether a Prosecutor will authorize charges on the matter is another issue, and lies within the sole discretion of the Prosecutor him/herself.

    If you have your eye towards a civil case (I see you put down "personal injury" initially as the practice area), I think most attorneys will tell you that obtaining a criminal conviction first can be very important. That said, there is a Statute of Limitations on this thing, so if you have an eye towards civil damages then you should speak to a civil litigation / tort attorney sooner rather than later.

    Based on what you are referencing though, unless there are horrific injuries (or hospital bills of some kind), I don't necessarily see the intelligence of a civil suit. That however is up to you. Just keep in mind that if your "actual damages" are nominal, it will cost you more to sue than what you will "win" IF you are successful in such a suit.

    Best of Luck.

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  • In Michigan, can I win a motion to suppress evidence in OWI case if the video does not support the Police Report?

    In South West Michigan I was stopped for "cross over the fog line two times" that was classified as "improper lane use" (Mich. Veh. Code 257.642) and defective taillight (no MVC assigned), but the video shows me only shortly before the stop was si...

    Becket’s Answer

    The case law and statutory law isn't in your corner for a variety of reasons. First and foremost because the officer may consider the "totality of the circumstances" pursuant to case law. I.e., there are times when even short of an actual traffic violation an officer can pull you over.

    From a statutory perspective, you don't have to cross the fog line to be in violation of the motor vehicle code. Touching it will do the trick - gives the officer a basis to make a legal traffic stop.

    Can you argue a pre-textual stop? Sure. The prosecutor will instead call what the officer saw "reasonable suspicion to believe criminal activity was afoot", which is the baseline legal standard to make a lawful stop - inside or outside of a car.

    Not to say you can't file it and argue it, but you certainly don't have a slam dunk. Add to that, you aren't an attorney. As the old adage goes, "an attorney who represents himself has a fool for a client." Which is a fancy way of saying, "a person has a subjective interest in a matter, should not try to play the objective role of an attorney in court." Do yourself a favor, and hire an attorney. If you decide against hiring an attorney, best of luck, because the Prosecutor (unless he / she is lazy) is going to have a pretty straight forward response to your motion.

    Best of Luck.

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