Jocuns Law FirmJocuns Law Firm2024-03-11T22:26:23Zhttps://www.jocuns.com/feed/atom/WordPress/wp-content/uploads/sites/1203378/2023/01/cropped-Jocuns-site-icon-32x32.pngOn Behalf of Jocuns Law Firmhttps://www.jocuns.com/?p=489952024-03-11T22:26:23Z2024-03-11T22:26:23ZWho gets added to the registry?
Authorities add individuals to the Michigan Abuse and Neglect Central Registry when there is credible evidence that they have committed acts of child abuse or neglect. Child protective services and law enforcement agencies regularly investigate for such evidence. Substantiated acts of child abuse or endangerment are grounds for adding accused or convicted individuals to the registry.
Can you get off the registry?
Being listed on the Central Registry can have serious implications for your employment prospects. It may also affect your reputation with friends and the community at large. However, it is possible to request removal from the registry under certain circumstances.
In order to be eligible for removal, you must demonstrate that the substantiation or conviction leading to your inclusion on the registry was in error. You might also assert that your inclusion on the registry is no longer relevant if you completed the necessary rehabilitation programs. It is important to note that removal from the registry is not guaranteed, and the process can be complex and time-consuming.
The Central Registry can be an imposing entity if you are facing charges of child abuse and neglect. However, you have rights and options regarding inclusion on the registry and you can take meaningful steps toward clearing your name.]]>On Behalf of Jocuns Law Firmhttps://www.jocuns.com/?p=489902023-12-19T02:13:29Z2023-12-19T02:13:29ZReversal of verdict
In 2022, the Michigan Court of Appeals affirmed 67%, reversed 22%, granted partial relief to 10% and dismissed 1% of its criminal cases. The best outcome of a successful appeal is the reversal of the original verdict. This means that the higher court has carefully reviewed the case and found errors or legal issues that warrant a different decision. The court rules that the individuals are innocent of the charges brought against them.
Release from custody
Upon winning an appeal, the appeals court releases individuals serving a sentence from custody. This release is an important moment, as it signifies that the legal system has acknowledged the need for a reevaluation of the case. However, winning an appeal does not always lead to immediate release. There may be additional legal processes or conditions attached.
New trial
Winning an appeal may not result in a complete exoneration. Instead, the higher court may order a new trial. The legal proceedings will start over, allowing individuals another opportunity to present their case. The new trial may involve different evidence, witnesses or legal arguments.
Impact on record
When individuals win appeals that clear them of the original charges, their convictions may still appear on their criminal record. These individuals need to take additional steps to address this issue, such as seeking an expungement or other legal remedies to ensure a fair and just representation of their current legal status.
The process of winning an appeal can be emotionally taxing and the individual may need support to navigate the aftermath.]]>On Behalf of Jocuns Law Firmhttps://www.jocuns.com/?p=489862023-09-20T16:32:15Z2023-09-20T16:32:15ZBone fractures
One of the most frequent outcomes of a truck crash is bone fractures. The immense force of the impact can lead to broken bones, such as limbs, ribs or facial bones. These fractures often require surgical intervention to align and stabilize the bones properly.
Internal organ damage
4,998 trucks and buses took part in a deadly accident in some way in 2020. During these collisions, organs like the lungs, liver and spleen can suffer damage due to the force of the crash. These injuries may not always be immediately apparent but can have life-threatening consequences if left untreated.
Nerve damage
Crush injuries can also result in nerve damage. Nerves can become compressed or severed, leading to a loss of sensation or function in the affected body parts. Nerve damage can have long-term implications for someone's quality of life.
Compartment syndrome
Another complication of crush injuries is compartment syndrome. This condition arises when swelling occurs within muscle compartments, leading to increased pressure. Immediate medical attention is necessary to relieve this pressure and prevent tissue damage.
Head and brain injuries
Truck accidents can cause severe head and brain injuries due to the impact, even when there is no direct crush injury to the head. These injuries may range from concussions to traumatic brain injuries, with symptoms varying in severity.
Spinal cord injuries
The spine is vulnerable in truck crashes, and drivers or passengers may sustain spinal cord injuries. These injuries can result in paralysis or long-term physical impairments, significantly affecting a person's life.
Crush syndrome
In some cases, victims of crush injuries may develop a condition known as crush syndrome. This occurs when toxins release into the bloodstream as a result of damaged muscles. It can lead to kidney failure and other complications if not treated promptly.
Many people may not realize the depth and severity of crush injuries. Promoting safe driving practices and adhering to traffic rules can help reduce the risk of such accidents and their associated injuries.]]>On Behalf of Jocuns Law Firmhttps://www.jocuns.com/?p=489852023-06-15T22:20:32Z2023-06-15T22:20:32ZA felony OWI differs from a misdemeanor OWI
In Michigan, a first or second OWI offense within a seven-year period is typically a misdemeanor. However, if a driver commits a third OWI offense within their lifetime, it is a felony. If any OWI offense causes serious injury or death, it also counts as a felony OWI.
Penalties for a felony OWI
The penalties for a felony OWI in Michigan are severe. Convicted individuals can expect imprisonment for one to five years or probation with a jail term of 30 days to one year. Additionally, they may face fines between $500 and $5,000, community service for 60 to 180 days and vehicle immobilization for one to three years. In some cases, the state may even seize and sell the defendant's vehicle.
Impact of a felony OWI on driving privileges
A felony OWI conviction also significantly impacts driving privileges. Offenders face a minimum one-year driver's license revocation and confiscation of their license plate. Following the revocation period, offenders must apply for a new license and might need to install an ignition interlock device.
Felony OWI and criminal records
A felony OWI conviction leaves a permanent mark on a person's criminal record, affecting their employment prospects and quality of life. Employers, landlords and financial institutions often conduct background checks, and a felony conviction can result in adverse decisions.
Understanding the gravity of a felony OWI in Michigan and its potential impact on one's life can help underscore the importance of not driving when intoxicated.]]>On Behalf of Jocuns Law Firmhttps://www.jocuns.com/?p=489822023-03-30T22:51:50Z2023-03-11T14:28:47ZWhen is marijuana legal in MI?
The Michigan Medical Marijuana Act of 2008 made the medical use of marijuana legal in Michigan, followed by the Michigan Regulation and Taxation of Marihuana Act of 2018, which made the recreational use of marijuana legal for people over 21. However, you must use marijuana in private for it to be legal. You can grow up to 12 cannabis plants in a secure, concealed location on your property and possess up to 10 ounces in your home.
When is it illegal?
While recreational and medicinal use of marijuana is legal in Michigan, you cannot possess marijuana on federal property, such as airports and government buildings, or within 1,000 feet of a park. It is also illegal to sell marijuana without a license, which can result in felony charges. Possessing more than 2.5 ounces on your person, 10 ounces in your home or 12 plants on your property can result in misdemeanor charges. Operating a vehicle under the influence of marijuana may attract felony charges, as well.
Do not settle when seeking legal representation. If you are facing charges related to marijuana, you want an attorney who is a fierce advocate for marijuana reform. Bernard A. Jocuns has fought for years to decriminalize marijuana in Michigan and is a lifetime member of NORML, an advocacy organization promoting the responsible use of marijuana.]]>On Behalf of Jocuns Law Firmhttps://www.jocuns.com/?p=489592023-01-24T20:59:20Z2023-01-24T20:59:20Za drunk-driving charge to felony level.
Multiple convictions
State law seeks to punish multiple offenders by making a felony to be convicted of a second OWI within seven years of a first offense or a third offense within any time period. Penalties for a conviction include either one to five years in prison, or 30-365 days in jail followed by probation and community service.
Injury or death
Someone who caused a car accident while driving under the influence and got somebody seriously injured or died is very likely to face felony-level OWI charges. Note that the injury did not have to be life-threatening to lead to a felony OWI charge. A broken bone that temporarily limits the person's movement could be enough to convince prosecutors to increase the severity of the charge. If the injured person dies, the charge will be a class C felony unless the deceased was an emergency responder, which increases the charge to a class B felony. Either way, you would face years in prison and a felony record.
When facing felony charges, you need every possible resource to ensure fair treatment and work to avoid an unjust outcome. This starts with finding an experienced criminal defense attorney.]]>On Behalf of Jocuns Law Firmhttps://www.jocuns.com/?p=463012023-01-30T17:33:46Z2019-08-28T06:37:46Zsubstantial risk of prosecution. Budding entrepreneurs use variations on a common theme: charge a premium price for a non-marihuana item – everything from a painting to a pizza – and “throw in” some marihuana “as a free gift.” Of course, the marihuana isn’t actually free, and it isn’t really a gift.
WHAT IS MRTMA GIFTING
The idea behind such schemes is to sidestep the more than the one-year gap between the passage of Michigan’s Proposal 1 and its implementation, which isn’t due to occur until early 2020. Currently, although adults can finally legal smoke, eat or drink marihuana in Michigan, they cannot legally buy it. So, creative marihuana entrepreneurs are betting that MCL 333.27955(1)(d), also known as “Section 5(1)(d)” of MRTMA (the “Michigan Regulation and Taxation of Marihuana Act”) offers them legal protection from prosecution. MCL 333.27955(1)(d) states, in pertinent part:
1. Notwithstanding any other law or provision of this act, and except as otherwise provided in section 4 of this act, the following acts by a person 21 years of age or older are not unlawful, are not an offense, are not grounds for seizing or forfeiting property, are not grounds for arrest, prosecution, or penalty in any manner, are not grounds for search or inspection, and are not grounds to deny any other right or privilege:(d) giving away or otherwise transferring without remuneration up to 2.5 ounces of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate, to a person 21 years of age or older, as long as the transfer is not advertised or promoted to the public. Id. (emphasis added). So, superficial compliance with Section 5(1)(d)’s “gifting workaround” requires, at minimum, the following:
That both the gifter and the giftee are 21 years of age or older;
That no money changes hands regarding the transfer, as to the marihuana; and
That the quantify not exceed 2.5 ounces actual marihuana or 15 grams of marihuana concentrate;
That the transfer is not advertised or promoted to the public.
Is MRTMA Gifting A Good Idea?
In practical application, MCL 333.27955(1)(d) is a landmine for the unwary and unsavvy. At first blush, compliance with the 21-year-old bookend requirement appears to be a no-brainer – if you’re a gifter, be 21 or over, and don’t gift to anyone younger than 21. But since it’s legal to possess only 2.5 ounces of marihuana in Michigan, you’ll need a “straw man” to supply the marihuana, and some schemes are conscripting unsuspecting medical marihuana patients or caregivers (who can possess up to 72 plants) to essentially “gift off” their excess, such as “Blaze Michigan.” But if the straw man (who is often also tasked with accomplishing the actual delivery, via vehicle drop-off at an agreed-upon location) is under 21, the entire transaction runs afoul of MCL 333.27955(1)(d)’s 21-year age mandate, exposing both the business itself and its drivers/suppliers to legal jeopardy. The 2.5-ounce quantity limit presents another potentially serious problem for gifters and 10 ounces per household under MRTMA. As with medical marihuana, “unusable” marihuana under Section 5(1)(d) is not “counted” towards the 2.5-ounce limit. But if a transaction garners the attention of the police for any reason whatsoever (e.g., bad vehicle taillight, flat tire, et cetera), and the delivered “gift” exceeds 2.5 ounces yet contains a substantial percentage of stems, seeds, and root material, the gifter, and its agents could all face felony charges – and be forced to convince a court that those stems, seeds, and root material should not be “counted” towards their 2.5-ounce limit. The transparency of the transaction stream would be easily exposed by a savvy prosecutor. Clearly, a cheap paperback book with a street value of ten cents isn’t going to command a sixty-five to four-hundred-dollar price point, and the intent of the parties in consummating such as purchase is palpably to accomplish the marihuana “gift.” Victor Fitz, Cass County Prosecutor, advises that prosecutors will “have to evaluate the reason for the purchase,” stating: "Certainly when you’re gifting marijuana as part of the incentive of a transaction, that can very easily be interpreted that you are doing it for profit[.]" See note 2, ante.
As if the above hurdles weren’t enough, perhaps the most difficult component of compliance with the “gifting workaround” is its ban on “promotion or advertising.” Inasmuch as the traditional, advertising industry definitions of “promotion” and “advertising” are plastic in the age of social media, many seemingly innocuous pursuits (e.g., a Girl Scout style bake sale) could be construed by a jury as comprising one or both of these verboten activities, especially in the hands of a skilled and convincing prosecutor.
Ann Arbor’s Smoke’s Chocolate is one such service. It employs medical marijuana patients as delivery drivers and gives them “the option to present a free gift (to customers), and most of them choose to gift cannabis[.]” Smoke’s Chocolate attempts to insulate itself from criminal prosecution, putting all the exposure and risk on its drivers. It freely admits: "We hire independent contractors who source their own cannabis, and they sell their own stuff. We don’t buy it; we don’t touch it. The only thing we buy or sell is chocolate. "Perhaps the biggest risk for enterprising marihuana gifters may be the rejection of their eventual license application by LARA due to their gifting activity. It’s a safe bet that the Michigan Legislature did not intend for marihuana caregivers to “gift” their marihuana allotment in this fashion. So, today’s marihuana gifting business will undoubtedly show up on LARA’s radar screen when the gifting business applies for one of the many types of adult-use licenses (transportation, growing, etc.) that LARA controls the outcome of. Legal or not, is potentially incurring LARA’s wrath worth the allure of short-term profit via a disappearing business model? How will LARA view the transportation license application of today’s marihuana gifter a year from now, when that very same business became well known for delivering a fake Picasso and some hash brownies for $350?Cass County Prosecutor Victor Fitz advised entrepreneurs to tread cautiously: "Certainly, when you’re gifting marijuana as part of the incentive of a transaction, that can very easily be interpreted that you are doing it for profit …It’s wise for people to follow the law. Tread softly and be cautious. The step you make may end up in causing you to be in court resulting in a civil infraction, a misdemeanor, or even a felony conviction."
Michigan attorney Bernard A. Jocuns specializes in all aspects of marihuana law. He is available for a consultation with prospective marihuana gifters and others involved in this nascent venture.]]>On Behalf of Jocuns Law Firmhttps://www.jocuns.com/?p=462992023-01-30T17:34:42Z2019-02-19T07:34:31ZOn Behalf of Jocuns Law Firmhttps://www.jocuns.com/?p=462982023-01-30T17:35:29Z2019-01-29T07:28:43Z