Posts Tagged ‘ criminal ’

DUI Indicators- According to the Police

The National Highway Traffic Administration has conducted research to help determine what police officers look for to identify drunk drivers. Contrary to what you might think, speeding is not a clue of insobriety. This is because studies show that a person who speeds often exhibits signs of heightened awareness in the form of quicker judgment and reflexes.

Drunk Driving Indicators

The higher the clue is on the list, the higher the probability of impairment. This information certainly isn’t to help you avoid getting caught, but to help you realize they are looking for any indication you are driving impaired and it’s incredibly difficult to game the system.

  1. Turning with a wide radius
  2. Straddling center of lane marker
  3. “Appearing to be drunk”
  4. Almost striking object or vehicle
  5. Weaving
  6. Driving on other than designated highway
  7. Swerving
  8. Speed more than 10 mph below limit
  9. Stopping without reason in traffic lane
  10. Following too closely
  11. Drifting
  12. Tires on center or lane marker
  13. Braking erratically
  14. Driving into opposing or crossing traffic
  15. Signaling inconsistent with driving actions
  16. Slow response to traffic signals
  17. Stopping inappropriately
  18. Turning abruptly or illegally
  19. Accelerating or decelerating rapidly
  20. Driving with headlights off

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2013
09/17
CATEGORY
Driving Violation
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Is it legal to drink and operate a boat?

It’s hard to believe summer is winding down to a close already as we approach the Labor Day weekend. For many, this will be their last opportunity to squeeze in some boat time on the water. If a weekend of boating is on your agenda and you plan to have a few brews out there, here are a few things you might want to know first.

Michigan law does not prohibit drinking on the water.Boating_and_Drinking

However contrary to popular belief, it is illegal to operate a boat under the influence. Having a BAC (blood alcohol-content) of .10 or more constitutes being under the influence. Coast Guard officials will often stop a boat for safety checks if they see the operator drinking.

Even if you refuse a breath test, you can still be detained and be taken back to shore. Michigan law says that by operating a vessel on Michigan waters, you have consented to be tested

But unlike operating or being in an automobile, it is legal to have open containers on the water.

It’s also wise to keep in mind the effect the elements will have on you when you are drinking on the water. For instance, three beers may have a stronger effect on you while you are sitting out in the sun all day compared to consuming the same amount indoors.

I hope this helps you have a safe and fun Labor Day!

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2013
08/28
CATEGORY
Criminal
Driving Violation
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Livingston County Substance Abuse Resources

If you are dealing with substance abuse, I would urge you to seek help from one of the many resources available to you in the Livingston County area. There are Substance Abuse many fantastic people and organizations out there that want to help and your chances of succeeding with help are far greater than alone.

Here is a list of some of the resources available to you for drug or alcohol related issues. In-patient treatment facilities are also available, but are more expensive. In some cases, funding may be available to you to enter one of these programs especially if a Judge is involved and has recommended a specific program.

Al-Anon

http://www.district15alanon.org/

Phone: 517-546-9350

Complete Counseling Center

http://www.mhweb.org/michigan/complete.htm

Phone: 517-546-4445

The Naz

http://www.thenaz.org/ministries/adults/celebrate-recovery

Phone: 810-227-6600

Livingston County Council on Alcohol and Substance Abuse

casaoflc.org

Phone: 585-243-9210

Community of Mental Health Services

http://www.cmhliv.org/

Emergency Services Phone: (517) 546-4126

Non-Emergency Toll Free Phone: (800) 615-1245

Remember to be kind to yourself and that there are people out there who want to help and know what you are going through.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2013
07/24
CATEGORY
Criminal
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Why isn’t everybody charged when an incident occurs?

This is a common question that many defendants ask when they are charged with a crime and others are involved, but not charged at the time.  The prosecutors office and/or the State of Michigan are the only entities that can charge somebody with a criminal offense and they get to use their discretion.  Sometimes they don’t charge all the parties because they want to target one specific crime or person.  This isn’t always fair and it upsets the parties but it can be done.  Sometimes the prosecutor will not charge someone with a crime because they want to use them as a witness in either the same incident or another case.  This helps their witnesses’ credibility if the case goes to trial.  It unfortunately is not always fair, but it can and is done on occasion by the issuing agencies.

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

2013
04/30
CATEGORY
Criminal
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Summer Drunk Driving Statistics

As the summer approaches, more and more people will take advantage of the summer holidays and travel to visit friends and family. Unfortunately, summer is also one of the deadliest times to be on the road.

The U.S. Department of Transportation cites the holidays of Labor Day, Independence Day and Memorial Day as some of the most dangerous times to be driving. They trail only Thanksgiving in terms of the number of accidents and deaths on the road. Since 1982, each of these summer holidays has averaged over 500 traffic fatalities. The number of alcohol related deaths during this same time period has nearly doubled.Drunk Driving Wilcox Law

Overall Decline in the Number of Fatalities

Since 1982, the overall number of alcohol-related driving fatalities in the United States has decreased precipitously from over 26,000 per year to around 13,000. In 1982, 60 percent of all traffic fatalities were caused by drivers with a blood alcohol content over .08%, the current legal limit. In 2008, that number had dropped to just 37 percent. Since 2002, all 50 states have had laws in place making it illegal to drive with a blood alcohol content that is 0.08 percent or higher.

Despite this decline, law enforcement continues to make DUI enforcement one of its top priorities. During busy holiday weekends, police increase the number of patrols and DUI checkpoints. If you spot a suspected drunk driver on the road, it is recommended that you call the nearest state patrol or law enforcement agency with as much information about the vehicle and your location as possible.
Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

2013
04/18
CATEGORY
Criminal
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Why is there a no-contact provision on my bond and how do I get it lifted?

The most common reason for a no-contact provision is a domestic violence charge, however it can be placed on other similar charges.

In most cases, the no-contact provision can only be removed once the person you have been forbidden to contact goes to court and states the reasons why they want the provision lifted.

In the case of a spouse or significant other, a safety plan must be created through LACASA. This is a form that outlines the steps that will be taken if there is any type of threat or violence that would happen in the future.

Most judges are reluctant to lift  no-contact provisions, but they will  listen to a modification prior to the case being resolved.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
04/25
CATEGORY
Criminal
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Who has the authority to file the actual charges against me in a criminal case?

The local Prosecutor’s office is the only person who can charge you criminally. The local police’s role is to conduct the investigation and then bring the respective police report and other documentation to the Prosecutor’s office for review. The local police do not have the authority to file charges.

The prosecutor will then review the file and issue the appropriate charges against you.

The police do not have the authority to barter with anyone in exchange for not charging you with a crime or reducing the charges against you. The only exception to this is if they have already contacted the Prosecutor’s office, which is very rare.

If contacted by the police, my advice is to contact an attorney to obtain the necessary legal advice prior to speaking with them.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
04/03
CATEGORY
Criminal
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What is the difference between retail fraud and larceny?

Larceny and retail fraud are similar in that the person is allowed to be on the premises, but something has been taken without permission.

Retail fraud can be classified as either a misdemeanor or a felony depending on the amount stolen and involves stealing from a store that is open for business. It can also include  someone who tries to switch prices on items or tries to get a refund from a store when it is not warranted.

Larceny is when something is stolen from a home or residence. Different charges apply when someone enters a retail store or home without permission.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
03/28
CATEGORY
Criminal
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Why does it take so long to get charged? The incident happened months ago.

This is common practice in criminal proceedings and the following are the most frequent causes of delays:

1.  Labs:  If it is a drug or alcohol-related case the prosecutor will send either the blood sample or the alleged drugs to the state laboratory.  This process can take months to get back due to budget cuts with the state of Michigan during the last couple of years.  As a general rule, the prosecutor’s office will not file charges until the labs are back.

2.  Investigation:  In some situations, it may take a while for the officer in charge (OIC)  to write his police report and submit it to the prosecutor’s office.   The prosecutor must then decide whether or not to formally charge you with a specific crime.   A common misconception is that the police officer has the authority to charge someone, which  is not the case. It is the prosecutor who has the power to charge someone criminally.

3.  Co-defendants or multiple incidents: In situations or cases that involve co-defendants, the prosecutor will wait until all the information against all parties is complete. If one of the defendants is involved in a separate investigation that has pending charges, the prosecutor will wait to bring charges against this person until the other case has proceeded.

As always, don’t hesitate to contact me if you have any questions or to set up a free consultation.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
02/20
CATEGORY
Criminal
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What is a PDI (Predisposition Interview)?

PDI stands for Pre-Disposition Interview. It is a common plea agreement in Livingston County whereby the Defendant pleads guilty as charged and then goes to probation for an interview.

The probation department then prepares a report based on the interview and gives recommendations for the Defendant’s sentencing.   A couple of weeks after the probation interview the Defendant is sentenced in front of a Judge.

The Judge will read the probation report and the attorneys will argue for their respective clients. The Judge will then sentence the Defendant at which time they have the opportunity to either accept or reject the sentence and can proceed to trial.

A PDI gives the Defendant a look at what the Judge was going to give for his sentence and the opportunity to withdraw his plea and proceed to trial.

Marcus D. Wilcox

Marcus@MDWilcoxLaw.com

www.MDWilcoxLaw.com

Attorney at Law, esq.

DISCLAIMER: The information contained on this website is meant to be general, informative and educational. It should not be taken as specific legal advice to any particular problem or issue. Please consult an attorney personally to discuss your particular circumstances.

2012
01/19
CATEGORY
Criminal
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