Jail Time for Misdemeanor Crimes in West Michigan

How Much Jail Time Am I Facing For My Misdemeanor Charge?

How many jail time am I facing for this Misdemeanor charge?  This is a question I get asked sometimes. In order to answer this question, I need to determine several things before I can answer this question. These are the main variables I consider before I give someone my professional advise on this question.

1.  What does your previous record look like?  The more misdemeanor convictions and felony convictions someone has the greater the chance of incarceration on a misdemeanor conviction.

2.  What judge is your case in front of?  If you are in front of Judge Post in Hudsonville, Michigan you are in danger of facing jail time for a misdemeanor conviction you receive in his courtroom.  Judge Post is an extremely tough judge and puts people in jail for misdemeanor convictions all the time.

3.  How much harm to the victim or damage to property did you cause?  For example, a person can be convicted for a domestic violence misdemeanor charge for a simple slap in the face.  A person can also be convicted of a misdemeanor domestic violence charge for punching someone in the nose.  The greater the harm caused, the more likely a person is to face jail time for their misdemeanor charge.

Our Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.

Our Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, Hastings, Stanton, White Cloud, Newaygo, Zeeland and Allegan.

Grand Rapids Criminal Defense Lawyers

We have some outstanding Grand Rapids Criminal Defense Lawyers here in West Michigan.  The City of Grand Rapids is the second biggest city in the state of Michigan.  Kent County, the home of the city of Grand Rapids, has two district courts.  61st district court is found on Ottawa Street in downtown Grand Rapids.  63rd district court is located on East Beltline.  The 17th Circuit Court has its home in Grand Rapids.  This circuit court is also located on Ottawa Street.

What do you look for when you want to hire one of those outstanding Grand Rapids Criminal Defense Lawyers that I mentioned above? I suggest anyone looking to hire a criminal defense lawyer in Grand Rapids look for the following things before they hire a lawyer:

1.  Customer Service –  It maybe hard to believe given how much most lawyers charge, but many lawyers provide horrible customer service.  They don’t return phone calls promptly and leave their clients hanging.

2. Hire a lawyer that only focuses on criminal defense.  How can a lawyer be a specialist in every area of law?  The more areas of law they practice the less likely they are to be really good at criminal law.

3.  Price – You shouldn’t hire the cheapest attorney, but why would you want to spend $4,000 to hire a guy to represent you on a misdemeanor charge? That is a rip off!

4. Trust your gut! — If you don’t think you will get along with your lawyer, don’t hire him or her.  You have to have a good relationship with your defense lawyer to get the best results!

Our Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.

Our Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, Hastings, Stanton, White Cloud, Newaygo, Zeeland and Allegan.

Resisting and Obstructing

If you have been charged with Resisting and Obstructing, the prosecutor believes you have knowingly and intentionally obstructed, resisted, opposed, assaulted, beat or wounded a law enforcement officer who was engaged in lawful acts or attempting to maintain the peace. Your acts or conduct must have actually interfered with the officer in carrying out those duties.

According to Michigan Statute, a resisting and obstructing arrest charge can be prosecuted in numerous ways.  However, the method of charging a resisting arrest charge is done by using statutesMCL 750.81d or MCL 750.479.  In these statutes, the constant requirement is that an individual who assaults, batters, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.  Specifically, MCL 750.81d covers alleged assaults of police officers, and MCL 750.479 covers other types of public officials.

If you are charged with Resisting and Obstructing a Police Officer in any West Michigan Court, you need to contact The Criminal Defense Law Center of West Michigan today at 616-438-6719!

Our Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.

Our Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, Hastings, Stanton, White Cloud, Newaygo, Zeeland and Allegan.

Fourth Amendment Victory!

The Fourth Amendment of the United States Constitution was designed to prohibit the government from engaging in acts that are unreasonable seizures and searches.  Because of the Fourth Amendment, the government can only take certain actions if they have a warrant.

So when law enforcement (i.e. government) comes up with a new tactic, the judicial system must ask if this new government tactic falls under the fourth amendment.

One of the new tactics law enforcement have been doing is not getting a search warrant when it comes to criminal investigations regarding cell phone site data collection.  Thankfully, the 11th Circuit Court of Appeals has finally put a halt on this law enforcement tactic.

Cell phone site data contains information such as call records, where calls came from and who is the cell phone provider.  Because of this information, law enforcement can get a general idea of where someone is at any given time.

Civil libertarians have argued that this data has a right to privacy attached to it and that police should get a warrant to collect this information. The 11th Circuit Court agreed! The recent 11th Circuit case involved a man who was convicted in a robbery case in which some of the evidence used against him was cell site data that police collected without a warrant. The man challenged the warrantless collection and his conviction.

This decision only applies to Georgia, Alabama, and Florida.  Hopefully the 8th Circuit Court of Appeals will follow the example of the 11th Circuit Court of Appeals. Eventually, the matter will end up before the Supreme Court and civil libertarians can hope that our nation’s top court side agrees with the 11th Circuit.

Our Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.

Our Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, Hastings, Stanton, Newaygo, White Cloud, Zeeland and Allegan.

The War on Drugs

The War on Drugs

The War on Drugs is alive and well in West Michigan. My law office gets numerous calls on possession of marijuana, maintaining a drug house and delivery of meth.  Local prosecutors in Grand Rapids, Grandville, Kentwood, Holland and Walker, Michigan take the war on drugs very seriously.

I understand that drug such as meth are very dangerous and a threat to society.  However, I don’t understand the war on drugs when it comes to marijuana. Alcohol causes far more harm than marijuana does. I have yet to see a violent crime committed by someone who was high on marijuana, but I have seen plenty of violent crimes committed by someone who was under the influence of alcohol.

The war on drugs isn’t working in America either. The war on drugs regarding marijuana is a complete and utter failure.  Many states are becoming much more liberal when it comes to the marijuana use, but the federal government still feels the need to prosecute those who get caught with marijuana.

Over the next 20 years, I believe state laws banning the use of possession of marijuana will continue to disappear. At the state level, it appears the war on drugs regarding marijuana will probably be over.  At the federal level? It is hard to say, but hopefully the federal government will realize the war on drugs is a failure when it comes to marijuana.

Our Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.

Our Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, Hastings, Stanton, White Cloud, Newaygo, Zeeland and Allegan.

Maintaining a Drug House

A person charged with a Michigan drug crime (possession, delivery, manufacturing, possession with intent to deliver) also faces an additional charge known as Maintaining a Drug House whenever the drugs are associated with a residence or vehicle.  Sometimes a person charged drug will not get hit with an additional charge of maintaining a drug house in West Michigan, but does happen and The Criminal Defense Law Center of West Michigan has seen it happen numerous times.

According to Michigan Law (MCL 333.7405) provides that a person shall not knowingly keep or maintain a store, shop, warehouse, dwelling, building, vehicle, boat, aircraft, or other structure or place, that is frequented by persons using controlled substances in violation of this article for the purpose of using controlled substances, or that is used for keeping or selling controlled substances in violation of this article.  It’s a shame that prosecutor’s have some many different charges they can hit a person with over drugs, but that is the current law in Michigan.  Needless to say, Michigan needs to reform our drug laws asap!

The Criminal Defense Law Center of West Michigan has defended numerous people being charged with maintaining a drug house.  You have to have an attorney by your side if you are facing this serious charge.  Call us today at 616-438-6719 and we’ll talk to you for free about your case!

Maintaining a Drug House Penalties, Consecutive Sentencing, Double Penalty

The maximum penalty for the offense of Maintaining a Drug House is 2 years in prison and a fine of not more than $25,000.00, or both.  Rarely do we see people get a full two years in prison for this crime, but people can do jail time when they get convicted for this charge.

Double Penalty: In addition to the consecutive sentencing provision of Michigan criminal drug laws, a person faces a double penalty upon a second conviction of a drug crime under the statute. For example, if a person is charged with new offense of Delivery of Marijuana (a felony punishable by 4 years in prison) and has a past conviction for any other drug crime, a conviction for the new offense of Delivery of Meth, a 20 year felony could carry up to 40 years in prison (double penalty).

Consecutive Sentencing: Upon conviction of multiple drug crimes, Michigan drug laws require consecutive sentencing; as opposed to more favorable concurrent sentencing. This means that a person convicted of both Delivery of Cocaine and Maintaining a Drug House would have to serve the sentence on one offense before serving the sentence on the other offense.

We know how to work the courtrooms of West Michigan to get you the best results possible. Do not go to court alone!  Call The Criminal Defense Law Center of West Michigan today if you are facing any criminal charge!

Our Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.

Our Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, Hastings, Stanton, White Cloud, Newaygo, Zeeland and Allegan.

Michigan Misdemeanor Marijuana Laws

Michigan Misdemeanor Marijuana laws are divided into two categories:  Use and Possession of Marijuana.

Marijuana use is the least serious marijuana related charge in Michigan.  If there is evidence that you smoked, used, or consumed pot/marijuana/weed, you can be charged with marijuana use.  A person charged with Marijuana use is subject to a $1000 fine and up to 90 days in jail if the person charged with use of marijuana is found guilty at trial or pleas guilty to the charge of use of marijuana.

Possession of Marijuana

If you are charged with possession of marijuana you could receive a potential sentence of up to one year in jail and fines of $2,000.   Possession of Marijuana is the more serious misdemeanor Marijuana offense in Michigan.

If this is your first time being in trouble for violating Michigan misdemeanor marijuana laws, we may be able to get a diversion program for you that will keep your criminal record clean. Many times, this is a good legal outcome and we have had great success getting this diversion program through our negotiation with local prosecutors.

If you are interested in doing some research on possession of Marijuana in Michigan, click on the link below.

Possession of Marijuana in Michigan

Our Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.

Our Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, Hastings, Stanton, White Cloud, Newaygo, Zeeland and Allegan.

Lying Wyoming, Michigan Police Officers

Lying Wyoming, Michigan Police Officers

Lying Wyoming, Michigan police officers probably lied to our client.  We have a client who is charged with possession of marijuana.   He had one joint, in a prescription bottle, in the back seat of his car.   Our client was pulled over for having a tail light out.  When our client was getting his information out of his glove compartment, the lying Wyoming, Michigan police officer claimed he could smell marijuana coming from the glove compartment and that he had probable cause to search the car. The officer told our client that he should just tell him where the marijuana was and he would just write him up a ticket.  If he searched the car and found marijuana he would take him to jail if our client made the officer search the car.

These are the types of bullying tactics we see all the time from police officers.  Don’t fall for these dirty tricks!   Stand firm and refuse to consent to having your vehicle searched! Tell the officer you are going to call The Criminal Defense Law Firm immediately while he searches the car. Always us us if you are facing a lying Wyoming, Michigan police officer.

Our Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.

Our Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, Hastings, Stanton, White Cloud, Newaygo, Zeeland and Allegan.

Carjacking

Carjacking   is a serious felony in the state of Michigan.  It is also treated as a serious felony in all West Michigan courts.  The maximum penalty for carjacking is life in prison.

According to Michigan law, Carjacking is:

(1) A person who in the course of committing a larceny of a motor vehicle uses force or violence or the threat of force or violence, or who puts in fear any operator, passenger, or person in lawful possession of the motor vehicle, or any person lawfully attempting to recover the motor vehicle, is guilty of carjacking, a felony punishable by imprisonment for life or for any term of years.

(2) As used in this section, “in the course of committing a larceny of a motor vehicle” includes acts that occur in an attempt to commit the larceny, or during commission of the larceny, or in flight or attempted flight after the commission of the larceny, or in an attempt to retain possession of the motor vehicle.

(3) A sentence imposed for a violation of this section may be imposed to run consecutively to any other sentence imposed for a conviction that arises out of the same transaction.

Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.

Our Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, Zeeland, White Cloud, Newaygo, Stanton, Hastings and Allegan.

Criminal Defense in Kentwood, Michigan

If you are facing criminal charges in Kentwood, Michigan you are in luck.  Well, sort of!  Judge Kelley is not known for being a tough judge on criminal sentences. I have heard prosecutor’s complain about how “soft” Kelley is on crime out there.  I have also dealt with Judge Kelley on numerous occasions and have found him to be fair.  The district court in Kentwood, Michigan does have a high case load.  If you go to court for a misdemeanor charge in Kentwood, Michigan, be ready to be there for several hours. I’ve been there all afternoon working on misdemeanor cases.

However, it is important to know the quirks of Judge Kelley.  Do not face any judge alone without having a good criminal defense attorney by your side fighting for your rights! The Criminal Defense Law Center of West Michigan knows how to get you the results that you deserve.  We will work hard on your case and always keep you informed.

Our Criminal Defense Lawyers in West Michigan Proudly Serve: Kent County, Ottawa County, Allegan County, Ionia County, Barry County, Berrien County, Mason County, Manistee County, Mecosta County, Oceana County, Muskegon County, Montcalm County, Newaygo County, Kalamazoo County, Lake County, Van Buren County, and the City of Grand Rapids, Michigan.

Our Grand Rapids Criminal Lawyers Also Proudly Serve The West Michigan Cities Of: Grand Rapids, Holland, Allendale, Wyoming, Kentwood, Grandville, Walker, Hudsonville, Grand Haven, Coopersville, Spring Lake, Ionia, Zeeland, White Cloud, Newaygo, Stanton, Hastings and Allegan.