Posts Tagged ‘ Wilcox Law ’

What is the difference between a felony and a misdemeanor?

What is the difference between a felony and a misdemeanor?

A misdemeanor carries a maximum sentence of one year in jail and a  felony has a maximum sentence of one year or more and may include prison time.   The obvious reason to avoid a felony is that it will make it more difficult to find a job as you are required to identify a felony that is on your record when applying for a job.  Voting and hunting sanctions can also apply.

So in summary, as a general rule, jail is where you go for a term of less than one year.  Prison, or the Michigan Department of Corrections (MDOC), is where you go when the Judge sentences you to a term of incarceration of more than one year.

Please don’t hesitate to contact me if you have any questions: Marcus@MDWilcoxLaw.com

Marcus D. Wilcox

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.felony, misdemeanor

2011
09/27
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What does it mean when a judge sentences someone for a range of time, such as 5-10 years?

This type of sentence is applied to felony charges by the judge at the time of sentencing.

As a general rule, prisoners will serve the minimum sentence, which would be 5 years in the example where a judge assigns 5-10 years, unless it is a sex or violent crime. A person found guilty of a violent or sex crime can usually expect to serve more than the minimum sentence.

However regardless of the crime, the person will go in front of the parole board each year after the minimum sentence is served until they are released or the maximum statutory sentence is served.

Please don’t hesitate to contact me if you have any questions: Marcus@MDWilcoxLaw.com

Marcus D. Wilcox

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.

2011
09/20
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What should I expect after my first alcohol driving offense?

In general, you should expect to serve probation for 6 -18 months and pay $1,000 in fines. You may also be required to attend alcohol counseling sessions.

In Livingston County, serving jail time for a first offense is not typical, but this is not guaranteed. Factors to determine potential jail time are your BAC (blood-alcohol level), if an accident took place and if you have a prior criminal record.

You will also need to complete a drug or alcohol assessment.

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.

2011
09/14
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Criminal
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Am I required to take a breathalyzer/ PBT if I get pulled over?

Many people ask me if they are required to take a PBT (Preliminary Breath Test)  or breathalyzer, as its most commonly called, when they get pulled over for suspected drunk driving.

The short answer is yes. Holding a Michigan driver’s license implies that you will consent to a PBT if pulled over by law enforcement. Refusing the breathalyzer will cause your license to be revoked for one year.

However, there is no legal obligation to take the field sobriety tests that are sometimes administered. Field sobriety tests can include things such as repeating your ABCs/ the alphabet test, walking a straight line or an eye test where the police officer will ask you to follow his finger with your eyes as he moves it from side to side.

So, although there are people who will tell you that you can refuse the breathalyzer at the scene, it is simply not true without incurring severe consequences.

Don’t hesitate to contact me if you have additional questions: Marcus@MDWilcoxLaw.com

Marcus D. Wilcox

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.

2011
09/11
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Criminal
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Have a question about an OWI, felony charge or misdemeanor?

Marcus WilcoxThanks for taking the time to visit this site. My goal is to answer common questions that people have about OWI’s, misdemeanors and felony issues such as assault and battery, domestic violence and DWLS’ (Driving While License Suspended). Feel free to read through the questions and don’t hesitate to post a comment or question to any of the articles here or contact me directly at Marcus@MDWilcoxLaw.com .

I was born and raised in Howell and have been practising law in Livingston county now for a decade. Over the course of the past ten years, I have handled over a thousand criminal cases and also focus on divorce and estate planning such as Wills and Trusts and Estate Administration.   I’m an adjunct professor at Cleary University teaching law and business classes and am very active throughout the county and have coached the Howell Special Olympics basketball team for the past six years.

As you can see, I am very passionate about the local community and encourage you to contact me at anytime if you have additional questions.

Thank you for your time.

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.

2011
09/06
CATEGORY
Uncategorized
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