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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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How is a misdemeanor considered a felony More specifically Unlawful u

Resolved Question:

How is a misdemeanor considered a felony?

More specifically "Unlawful use of a Motor vehicle," and how it pertains to CPL law.
Submitted: 3 years ago.
Category: Legal
Expert:  Joseph replied 3 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you.

 

To provide you with accurate information, could you please clarify these points so I can best address your inquiry:

 

  • What is your specific question for a legal expert to answer?

 

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

Customer: replied 3 years ago.
I applied for a Concealed Pistols License (CPL) and was denied on the basis that I have a "Unlawful use of a motor vehicle" conviction from 1998.

This is a misdimeaner charge, but the explenation is that it is "a felony under guidelines for issuing a CPL permit."

I need an explination of this decision and how is it a misdimeaner can be considered a felony?

Thank you
Expert:  Joseph replied 3 years ago.

I'm researching ways to fix your problem. Do you have the statute number under which you were convicted? If not, can you describe what occurred (maybe I can use that information to take an educated guess as to the statute number)?

 

Thank you.

Expert:  Joseph replied 3 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.

Customer: replied 3 years ago.
I can't seem to find a statute #, and I'm not going to beable to get one anytime soon either. Tried to call the people involved. Everyone is gone and won't be back until the end of the week.

Expert:  Joseph replied 3 years ago.

A statute number would be most helpful. However, as indicated above, your description of the crime would be helpful as well.

 

Thank you.

Customer: replied 3 years ago.
I rode in a stolen car that i didnt know was stolen at the time. I ended paying $100 fine and $100 court fine.
Expert:  Joseph replied 3 years ago.

I searched the Michigan statutes and here's what I found that fits your factual scenario:

 

750.414 Motor vehicle; use without authority but without intent to steal.

 

Sec. 414.

Any person who takes or uses without authority any motor vehicle without intent to steal the same, or who is a party to such unauthorized taking or using, is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $1,500.00. However, in case of a first offense, the court may reduce the punishment to imprisonment for not more than 3 months or a fine of not more than $500.00. However, this section does not apply to any person or persons employed by the owner of said motor vehicle or anyone else, who, by the nature of his or her employment, has the charge of or the authority to drive said motor vehicle if said motor vehicle is driven or used without the owner's knowledge or consent.

 

This statute is commonly referred to as the unlawful use of a motor vehicle. Additionally, as you can see, it is a misdemeanor, not a felony.

 

I also located the information on obtaining the CPL. To obtain the license, you can't have been convicted of any felony offenses or of certain misdemeanor offenses. However, this offense is not listed as one of the misdemeanor offenses that would exclude you.

 

The only logical conclusion is that they have your information wrong. I would suggest obtaining a copy of the judgment and sentence from your case, you can get a copy from the clerk of court. Provide it to the licensing board and they should clear you for the CPL.

 

 

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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
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