Skip to main content
Becket J. Jones
Avvo
Pro

Becket Jones’s Answers

875 total


  • Statue of limitations on Grand theft auto

    I was dating a woman for a couple of years.and the woman's mother bought me a car to get back and forth to work. Needless to say the now ex girlfriend filed a stolen car report on me for moving my belongings to my sister house. I spent the weekend...

    Becket’s Answer

    The standard Statute of Limitations is six years. For many felonies it is ten years.

    That said, most people don't understand the Statute of Limitations. The Statute of Limitations gives a timetable for the Prosecutor to authorize / file charges against a person. It does not work in such a way that if a person successfully dodges appearing on those charges for ____ years (the length of that particular crime's Statute of Limitations) then it just goes away.

    Thus the question really becomes - has the Prosecutor authorized / filed charges against you?

    Do yourself a favor and hire an attorney.

    Best of Luck.

    See question 
  • Can I answer no to DWI when obtaining car insurance quotes

    I pled guilty to a DWI with SIS in December 2014. (The Dwi occurred in Missouri but I now reside in Michigan) Once 2 years passes (December 2016) it will be removed from my record. So two questions: 1. Once I am able to remove SR22, will that l...

    Becket’s Answer

    http://leadfootspeedingticket.com/2012/02/drug-possession-charges-stay-on-your-missouri-driving-record-forever/

    I know of no where in the United States where a drunk driving conviction comes off someone's record automatically after a set period of time. It appears that in Missouri (see link above) an individual can get a drunk driving expunged after 10 years of great behavior, but that is about it.

    In most states the POINTS associated with the event, which are added to the individual's license will drop off after a period of two years, but that is not near the same as the conviction dropping off the driving record OR criminal record.

    Ultimately, based on what I see in your question, I would say that you cannot answer "no" to the insurance company question, unless you want to create more headaches for yourself (knowing / voluntary fraud).

    Once you are off SR22 status for high risk drivers, yes your insurance rate should go down. The further you are removed from the drunk driving event, the lower your insurance rate will (should) go down.

    Best of Luck.

    See question 
  • What are his rights

    Traffic stop turns into incarceration for dwls and possession of 3 hydrocodone norco pills found inside my cigarette pack. No bail set

    Becket’s Answer

    Generally speaking, he has the right to counsel, right to remain silent, and right to a jury trial. He has additional rights as afforded by both the US and Michigan Constitutions - some of which will or will not be relevant depending on the facts / circumstances of the case.

    For an overview of his basic trial rights, please see the following link (which goes to a form that he will see at his felony arraignment).

    http://courts.mi.gov/Administration/SCAO/Forms/courtforms/misdcriminal/dc213.pdf

    Ultimately it appears that his case will revolve around the validity of the stop, the validity of the search, and whether he had knowledge of illegal pills within the vehicle itself. All of those may seem like simple issues on their face, however they rarely are in practice. He needs counsel sooner rather than later.

    Best of Luck.

    See question 
  • How should I proceed at the hearing? Should I propose charges under a state civil infraction instead, such as MCL 324.8902?

    Recently, I received a citation for littering, a misdemeanor per the local city ordinance. I was cited because a police officer accused me of throwing a small soda can out of a car window. I have already appeared in court and plead Not Guilty to...

    Becket’s Answer

    Littering is a misdemeanor in most cities.

    I guess I will say it this way. To prove littering there is an intent element - the letting go of the soda can must be intentional / not accidental. That said, intent can be proven through circumstantial evidence at trial - i.e. its going to hard to say that you were driving along, and just so happened to be hanging your arm out the window with a soda can that you did not mean to drop.

    You can go to the Pre-Trial w/ an Attorney or on your own. In either event, you should look to negotiate a way to keep this off of your record in the long term. If you go on your own and the City Attorney is not willing to deal the case down to a non-criminal offense / dismissal, in my opinion it is lawyer time at that point (even though the charge is relatively petty).

    Best of Luck.

    See question 
  • Is it true that you have to do at least a percentage of your prison sentence before being considered for Michigan's boot camp?

    Is it true that you have to do at least a percentage of your prison sentence before being considered for Michigan's boot camp? A family member was just recently sentenced to 21 months in prison, the judge stated that he could go to boot camp.

    Becket’s Answer

    I would say it is true in a sense, but it also dependent on the Judgment of Sentence as a whole.

    Generally an individual is sent for 30 days to the "Welcome Center" (Egler / Quarantine). Assuming the basic pre-reqs are met (sentence under 36 months / no habitual status / good health, etc.) than a letter is sent to the Sentencing Judge to sign off on SAI Boot Camp. Assuming that letter is signed, the individual will go directly into SAI Boot Camp from there.

    I say generally, because the Sentencing Judge can always put conditions on the time frame. As a for instance, let's say a Judge states at sentencing that the individual is committed to MDOC of 32 months. Judge also says he / she will have no objection to SAI Boot Camp, but that the individual must serve 12 months of the 32 month sentence before SAI can start. In that situation, the individual WILL serve a portion of their MDOC commitment prior to SAI, even though GENERALLY an individual will just sit in the Welcome Center for about 30 days before starting the program.

    Long story short - you will need to pull the Judgment of Sentence to get a clear picture of what will occur for your family member.

    Best of Luck.

    See question 
  • Is there anyway to get out of it?

    My friend is 14. She has been dating the same guy for a year. Her mom is forcing get to get a bc implant like the bar or iud bur she doesn't want to. They aren't having sex and I just needed to know if there is a law preventing her mom from maki...

    Becket’s Answer

    I agree with Mr. Dickson. While the planned route seems a bit extreme in some senses, the reality is that she is under the supervision of her parents.

    She can certainly express her concern directly to her doctor prior to any procedure being done.

    Best of Luck.

    See question 
  • Can I be arrested for failing to turn my roommate in with the knowledge that he is wanted by the police?

    I am renting a room in a house. The owner is my roommate. Tonight a police task force came to the house looking to arrest him for probation violation. He was not here. They searched his room. They gave me four days, until Monday, to basically turn...

    Becket’s Answer

    • Selected as best answer

    I agree with Mr. Lambert. You have no duty to turn him in. That said, you certainly cannot aide him in any way, shape or form in terms of helping him avoid contact with the police (arrest on the PV).

    I would also agree that talking to a criminal defense attorney would be wise. What is or is not obstruction in a situation like this is up for interpretation / argument before a judge / jury. Is it possible in Berrien County that a Prosecutor would follow through with charges even if you did not lie to the police? Yes, it is possible. Whether that charge would hold water may be a different story.

    I would likewise finally agree with Mr. Lambert on the point that you DO NOT have to stay there. In fact, given the current situation, it is probably very unwise in the long term. Realistically, they are going to get your roommate in the near future - one way or the other. In my experience, addicts / alcoholics are not very good at evading capture. WHEN he gets scooped up, whether warranted or not, he may blame the situation on you - I cannot think of a more tension filled living situation than that moving forward.

    Long story short - talk to an attorney in the area (I recommend Daniel Grow), and start looking for a new living situation.

    Best of Luck.

    See question 
  • Is there any way to have one of the charges dropped or at least lowered?

    I'm a 16 year old girl with no records. Me and a friend (who is 19) were smoking weed in my car with my stuff. A cop pulled up and said he could smell weed, I gave him everything I had and cooperated. I had a bowl, bong and about 2.5grams, he rerr...

    Becket’s Answer

    First, I wouldn't make admissions (which you already did) on any website. Prosecutors have the same access to this website as defense attorneys.

    If you have no record, you have diversion options available to you at a minimum. Additionally, at the juvenile stage, you may get an offer to have this treated through the "informal" process. So yes, the charges could be dropped or lowered, and if you can get through a probationary period (whether formal or informal) you should be able to keep this off of your record.

    Lastly, as a FYI of sorts - two hits doesn't equal "not under the influence". In fact, in the State of Michigan, it is the exact opposite. Any active THC in your system is "under the influence" for purposes of operating a motor vehicle (even if you have a medical marihuana card, which it does not appear that you do). Frankly, you are lucky that the cop didn't see you driving beforehand.

    Best of Luck.

    See question 
  • Is there any BAIL BONDS in Kalamazoo that does 10% Cash ? without asking for CAR Titles ?

    My boyfriend is in Kalamazoo Jail & has a 5,000 $ bail .

    Becket’s Answer

    I have to this point in my career never advised someone go through a bondsmen in a criminal case. Especially since in Kalamazoo County, many times you can get bond amended to a 10% bond, assuming it was originally set as a cash / surety. If I were a defendant I'd rather pay the court 10%, which will be later applied to fines / costs or returned to me than lost straight up to a bondsman.

    That all said, I only know of Smith Bonds & Surety in Kalamazoo County. Only reason I know of them is because I know one of the agents through professional acquaintances. I have never again utilized that or any other company for a client, but you may want to touch base with them.

    Finally, what the bond company requires is dependent on the risk they are entering into. If your boyfriend has a criminal record, a history of failing to appear in court, etc., the requirements imposed by the bonding agent will be higher. It is basically criminal appearance insurance and that's it.

    Best of Luck.

    See question 
  • How can I go about having that record expunged? I can't afford an attorney. I've worked very hard to get to graduation.

    Single, empty nest mom. Currently attending college in hopes of a brighter future. Graduate may 7, 2016. Physically and mentally abused when I was married. Second husband sexually assaulted my, at the time, 13 year old daughter and spent five yea...

    Becket’s Answer

    Legal Aid can do expungements (freeish). If they take on your you just have to pay the $50 fingerprint fee and postage generally.

    Best.

    See question