[Music] and welcome to facts or frauds all right Mr kusy let's call um Mr McLoud ster good afternoon all right and this is uh file numbers 24692 and 23- 6748 and uh we're here for a docket call on both matters and uh some motions that are noticed up and do you know how we're proceeding today Mr kesy I do your honor at this time my client would be offering a plea to the court uh that he would be pleading to in file 23- 6748 count one was just obstruct and then amended count two impair safety file 24 6892 he'd be pleading toon it and thiser okay and you have amended informations you consent to filing of the amended informations Mr I would your honor yes did have a signed advice rights I'm not sure the court I do I have it okay all right Mr mlau would you please stand and as best you can raise your right hand for me you swear to tell the truth the whole truth and nothing but the truth so I'll be got your hand down and Mr McLoud uh a guilty plea hearing is an important event and includes the waiver of constitutional rights that you have so I want you to listen carefully at any time if you've got any doubts questions or hesitation just let me know I'm happy to answer any questions you may have and I'm happy to give you more time to talk to Mr kusky if you need do you understand that I do all right now I have to advise you the maximum penalty you face on the uh in the file 23- 6748 you'd be pleading to resisting and obstructing a conservation officer that is a high court misdemeanor punishable by a maximum of two years and or $1,000 fine and count two Marine safety operating while impaired it's a misdemeanor punishable by up to 93 days Andor $300 fine Andor 4 45 days of community service the court will suspend your privilege to operate a vessel for at least 6 months to indefinite the court can order you to repay the cost of prosecution and emergency response in file 24- 6892 you'd be cading guilty to absconding on a misdemeanor Bond as a lesser offense that's a misdemeanor punishable by up to 90 days and or a $500 fine I believe he hasn't been ared yet on the 24 6892 I don't know if we have to do that before the plag oh that's true this was an arraignment date on that file so in in 6 892 Mr kusy will re him reigning him on the uh the amended information do you wish to have its allegations read we wait reading your honor okay is a forensic Center referral request in that file no okay all right thank you mrri all right so Mr McLoud do you uh understand the maximum penalty that you could face for this I do okay and also there's a there's a pending contempt Citation for failing to appear and the factual basis you'd put on the record for the absconding uh would also constitute a factual basis for me to find you in contempt and that penalty is a maximum of 93 days in jail and or a fine of up to $7,500 do you understand that sir all right and um the exing charge well with it being a misdemeanor it would be uh I don't think it'd be consecutive anyway okay all right so did you read and understand the rights listed in the advice of right form that you signed here yes do you have any question for me or for Mr kusy about any of those rights and do you wish to give up those rights and enter these uh pleas here today yes if I accept your plea uh you wave any claim that it was caused by any promises or threats and uh if there were any such things you'd have to tell me today tomorrow would be too late do you understand that also when you plead guilty you lose the right to appeal and if you wanted to appeal you'd have to seek permission by filing an application to a higher Court uh and the types of issues that you could raise on that appeal are much more limited after a plea than they would be if you were convicted after a trial do you understand that I all right the plea agreement provides in exchange for your plea to those charges that I outlined the prosecutor will dismiss the original counts and the habitual uh offender notice and uh there's a requirement there's a sentence agreement that they would run concurrently which I think with the plea to the misdemeanor would uh would be required by law in any event but the sentence agreement just locks that in and also a sentence agreement for no immediate Jail at the time of sentencing do you understand the terms of that Mr kusy is that a full fair and accurate statement of his terms is your Mr Julia I'm sorry whose hand okay I'm sorry that's okay all right Mr McLoud that sentence agreement is not binding on the court um meaning if I did not want to follow it I would not uh have to but if I did not follow it you would be allowed to withdraw your plea not having received what you bargained for do you understand that now there's one exception to that that's uh if you were to engage in any misconduct between now and then um including new crimes or violations of court orders uh then by that misconduct you'd be forfeiting the right to withdraw The Plea even if I didn't follow the sentence agreement do you understand that I do all right Mr McLoud other than that plea agreement has anybody promised you anything to get you to plea guilty today has anybody threatened you to make you do so no is it your own free choice to enter those PLS yes knowing all this uh how do you wish to plead in file 6748 to the charge of resisting obstructing conservation officer list of FS guilty how do you wish to plead in count two to operating a a vessel while inair guilty and how do you wish to plead and file 6892 to absconding on a misdem bond so Mr McCloud back in September of 20123 were you operating a motor vessel uh on the Waters of the state of Michigan yes sir and was that within the confines of Shaban County yes sir before you had operated that vessel had you before or during I guess had you consumed alcohol gages and uh did you end up having any kind of breath or blood Tes to determine the level of alcohol do you recall what the results of that test were wait one three okay and do you acknowledge that that is above the legal limit state of Michigan all right um and did you have some contact with a conservation officer Liston Fels yes and did that uh officer give you some lawful commands yes and did you fail to immediately obey those commands yes that's correct all right and then you were on a bond in that case representing yourself in that matter is that correct yes and did you uh fail to appear for a court hearing in that file that's correct and then that resulted in a forfeiture of your bond that's correct all right Mr kusy are you satisfied with the factual basis to all three I am satisfied M yes all right um Mr kusy are you aware of any other promises throughout to M good no your honor Mr kesy um do you believe that I have complied with the requirements of MCR 6.32 I believe cour has M yes all right Mr McLoud uh we've asked you a lot of questions we've given you a lot of information I just want to confirm for you uh that that's your own free choice to enter these guilty hearings today that's correct well Mr McLoud I find that your plea is knowingly understandingly and voluntarily made and that there is a sufficient basis in fact and law to believe that you're guilty of those offenses uh so I'll accept your pleas in both files I will also find you in contempt uh for the pending contempt Citation for failing to appear um we need to set a sentencing date so let me ask you the the the uh intent of that sentence agreement um no immediate jail no additional Jail at the time of sentencing does that contemplate that uh he'd remain in custody until that date yes okay um agent fan agent young I know you're kind of short handed do you know how quickly you could get uh a PR sentence report done in uh I would only let's see I do have a motion before the court on the bond issue I would foro the motion with regards to the obon charge okay gotta I okay well well let's hear the let's hear the bond motion before we set a sentence very good your honor and thank you um your H I know Mr McLoud has had um I guess some difficulties with court here uh he certainly ad Ms those acknowledges that is moving forward in positive direction with this case with his acceptance of responsibility today your honor um he's taken another step in that positive direction with the court I I did provide as part of my motion several letters from individuals who he's uh contracted to do work for um outside work that worked that with require him to um be work outside obviously we're getting into some of Colder months those jobs believe if he's continue to be incarcerated we'll he'll lose those jobs he's got money out there materials uh he's the Sole Provider for his family you know he certainly acknowledges um he's got of put Court uh he he miss his court appearance he was arrested on the warrant um and he sat since he sat probably 45 to 50 days I would imagine um he says close to the 60 but we're asking for for some mercy from the court to allow him unbond I we would take a te if dear honor thinks that that would be appropriate or feels that would uh necessarily make him appear for court he will be here for the sensing he obviously just to pleas um the resist obstructors the charge that he has pled to that the court would be sentencing on the highest I guess possibility of incarceration he doesn't score out too high in my book I didn't have scoring out very high at all um if he does violate and he doesn't show up he's obviously loses the agreement of any further incarceration no immediate incarceration that me the prosecutor have entered on that I think the message has been sent just to say the least and just asking cour looking to it's hard the judge one time tell me not to sentence or make a decision for Place anger to to step back and and just reasonably um put forth an order or opinion I think that's no better wisdom been in these matters and so we're asking the court just for a reat of his bond whatever conditions additional conditions want to put on there we would gladly follow those conditions well I I assure you I'm not not angry at Mr McCloud we've just been trying to move the case forward and uh in a in a responsible way Mr people's position oh your honor had asked to deny that motion apparently there was some miscommunication between Mr kusy and I but my intent in that ple agreement was that Mr mad would sit until time of sentencing and then no immediate sentencing thereafter he has not done well on bond so it's my intent to get to sentencing includ that matter um so I would ask the board to deny that based on his performance are there other violations that he's been brought to the court on uh no I don't think I was all right well I guess is your position position that uh if he's not in custody from today forward that that that entitled you to withdraw from this pleas is there some ambiguity about the meaning of that sentence agreement or yeah I think there was some miscommunication I thought the intent and what we had discussed that he would sit into sentencing and then that's some of the reason that consideration was given in The Plea off that was given okay and that that is typically I did not that's typically the practice uh where where it says um no immediate jail at time of sentencing versus sometimes if it's uh going to be at time of then there's a stipulation for release I guess that brings me to my next question uh agent fan agent young I know you're short handed um I would well could Council approach for a second all right and uh back on the record I wanted to consult with Council about um possible sentencing dates and so Mr kusy would you wave uh the requirement of a pre-sentence investigation in this manner I would your honor Miss goodr would the people waitting I would okay it's a high court misdemeanor uh obviously it's not a case where we'd be sending into prison so I think we can certainly wave the requirement of a pres sentence report that means Mr McLoud that we can schedule your sentencing on a much more expedited basis uh so I'll deny the motion to reinstate Bond at this time but we'll schedule sentencing for one week from the day September 17th at 11:00 a.m. and I'll hear allocution from both sides at that time if you wish either side can file a written sentencing recommendation and memo but it certainly isn't required either but I won't require the doc to prepare any any precense investigation all right so we'll see you next week at 11: a.m. thank you thank you well I'm in Japanese prison load Japanese prison got me and thanks once again for hanging out will on Factor frauds make sure you hit that Thumbs Up Button you're subscribed and ring that Bell also leave a comment in the comment section tell me what you think and a major thank you to all of our faxer frauds channel members oneish thank you if you like to be become a member just hit that join button right next to subscribe or click on the link in the description now if 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