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Joshua Duane Jones
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Joshua Jones’s Answers

444 total


  • Probation violation, How does this work?

    My sister is currently in the Charlevoix County Jail for a probation violation. She went before the judge Tues Feb 9 and she was ordered into custody with no bond. Her sentencing is Tues Feb 16. Her original charge was OWI, back in Nov 2015, she c...

    Joshua’s Answer

    More information is needed in order to properly answer your questions. Moreover, because you say that this is a sentencing and that she has failed to complete any of her terms of probation, it is possible that she could face the remaining time held in abeyance (or maximum punishment under law for the OWI) by the judge at the time of the original sentencing. However, this is dependent upon the judge, he or she is the ultimate decider of how your sister will be punished for the failure to follow her probation terms. The judge could potentially sentence your sister to continue with probation and jail, but again, this is dependent upon the judge. Hopefully this helps.

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  • Suspended license and driving a child while on visitation

    Ex has no license, not sure why it's suspended but he told me it was. He drives with my son in the car anyway. My son constantly comes home telling me he's been driving him atound. Without having to follow him around how can I stop this from happe...

    Joshua’s Answer

    I would also recommend, as Attorney Brennan has, that you seek out a family law attorney to handle this matter for you. They are best to advise on such an issue and handle the case with ease. Best of luck to you and your matter.

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  • How should I plead and will the Diversion program be offered to me in Michigan?

    I received an MIP in Michigan after blowing a 0.00 for my BAC. The reason being, I believe is because I admitted to have a very small amount of alcohol. I have heard much about Michigan's Diversion programs, but I am actually from Illinois. Althou...

    Joshua’s Answer

    You need to obtain court appointed or private representation for this. You may have defenses available to you, and with regards to the diversion questions specifically, a criminal lawyer can best advise and instruct you on how to obtain those programs for your case. Since you are a college student this could have an impact on you if it is not handled properly. I hope that this has provided you with the proper information you are seeking. Best of luck.

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  • Can I get a driver license in TN?

    My Driver license is suspended revoked in MI if I move to TN can I get a drivers license and start over clean slate?

    Joshua’s Answer

    As previous indicated the answer is no. That answer remains in effect until you clear up whatever the issue is in Michigan that has your license suspended or revoked. I would contact an attorney in Michigan to assist you with getting this matter dealt with. Best of luck to you.

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  • What do you recommend I do?

    I was caught with marijuana (1 gram) and my pre-trial date is next week on January 25th. What will I be up against in the court trials and what can I do to obtain the least punishment. I am 18, go to college full time, work, I have my high school ...

    Joshua’s Answer

    You should obtain private counsel or obtain public counsel, at the very least. What you are charged with can be handled in multiple ways that would provide you with a second chance in a sense. However, an criminal defense attorney can best provide you insight on which options you have available, which options are best for you individually, and put you in the best situation in order to obtain those outcomes. Moreover, there may be other procedural aspects that could influence the outcome of your case. So in the end, if you are unable to afford an attorney please obtain court appointed counsel. If you can hire private counsel then do so because it will make your situation and your case even better at the end of the day. I hope this helps direct you. Best of luck to you and your matter.

    - Josh Jones, Michigan Criminal Defense Attorney.

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  • What do I do

    I was pulled over after smoking weed. I ended up being arrested. This is the first drug charge. Court date is on the 25th. I was pulled over in Michigan but I live in Indiana

    Joshua’s Answer

    • Selected as best answer

    You should contact a local attorney or an attorney familiar with the area to handle the matter for you. He or she will be able to do certain things that will assist you living out of state, which does not even include what they can do specifically for your case. Do yourself a favor and hire counsel. Best of luck to you.

    - Josh Jones, Michigan Criminal Defense Attorney

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  • What does this mean? Did it pass? If so when will it become law?

    RE Michigan HB 4419 (A bill that would eliminate the 2-year mandatory minimum sentence for a felony firearm conviction. ) The House Criminal Justice Committee voted 8-1 to report a bill to the House Floor.

    Joshua’s Answer

    It does not look like the bill that you have referenced has officially passed and been enacted into law. It seems that it has only been introduced as a house bill, which generally means that the process for this becoming finalized and officially law will take some time. I have provided a link that shows the status of the bill that you have referenced. You can continue to follow the bill's progress if you'd like.

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  • How can expungement be applied and after how much time & its cost?

    Was arrested for a retail fraud in 2013, which was settled with a fine of $200 no jail, when & how to apply for expungement, how much would it cost to get this charge removed from my record Have no other charges except this one bad incident. Also...

    Joshua’s Answer

    You will need to wait until 5 years has past since your discharge from probation, if you were placed on probation. The filing of the application costs about $100, which includes the cost of the motion and the cots of obtaining fingerprints that need to be submitted with the application. Once you have filed such a thing, the expungement would only occur if the judge decides to grant your motion. The total costs varies depending on if you obtain counsel or not. Hopefully this helps. Best of luck to you.

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  • Will my po tell me right away if I picked up another charge

    The police ran my in for the other day I didn't have contact with them though. Would my po tell me right away if a new charge was filed or wait till my next meeting

    Joshua’s Answer

    This is very difficult to answer based upon the facts that you provided. Simple contact is not generally a violation of probation; however, if its negative contact then a violation can generally occur. Moreover, if you are actually being investigated for an additional crime then yes you could be violated. Now will your PO find out about this before you do is the question that comes next. The answer is it depends. Not everything is found by probation immediately; however, they do have a high probability of finding it if they look and there is an active warrant or charge against you. Further, if you find out the status of this incident does end in charges you will likely be required, per your probation order, do disclose that to your PO. This can also be true for simply having negative police contact. You may want to reach out and discuss this matter in detail with a criminal lawyer. I hope this provides a better understanding of what could occur in your case. Best of luck to you.

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  • How can I obtain a police report and/or court records for a HYTA case in the 15th district court

    I am currently in the final pretrial stage at the 22nd Circuit Court and the primary witness for the prosecution (who had the opportunity to commit the crime for which I am accused) just pled guilty to a crime similar to which I am accused. He pl...

    Joshua’s Answer

    You likely will not be able to get any court records, but you may be able to get the police report from the arresting or investigating agency per a FOIA request. HYTA protects the court record from the public so long as the individual remains under the protection of HYTA. Hopefully this helps. Best of luck to you.

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