Royal Oak is one of the most popular nightlife destinations in Metro Detroit. There are few other towns that in just a couple city blocks have so many options for food and entertainment. Every week thousands of patrons fill restaurants such as Ronin, Town Tavern, or Andiamo. Royal Oak is also home to many well-known night spots such as Commune, Blackfinn, Fifth Avenue, and Luna. While there seems to be a push to attract people to the City for an evening out, Royal Oak does not tolerate drunken behavior on its streets. Anyone who sits in the back of the 44th District‘s Court Room for a morning will tell you that the docket is full of drinking related offenders. The point of this blog post is two-fold, one is to inform how to avoid a disorderly conduct charge and the second is to explain how our office can help if you are being charged in Royal Oak.
Disorderly conduct is NOT a civil infraction, it is a criminal misdemeanor, and it is punishable by jail time as well as a fine. Legally speaking, the City of Royal Oak defines Disorderly Conduct as follows;
§ 278-35. Disorderly conduct.
A person commits the offense of disorderly conduct if he or she:
A. Engages in fighting or in violent, tumultuous or threatening behavior;
B. Makes unreasonable noise which tends to cause a public danger, alarm, disorder or nuisance;
C. Uses threatening, abusive or obscene language or makes an obscene gesture, which by their very use inflict injury or tend to incite a breach of the peace;
D. Without lawful authority, disturbs any lawful assembly or meeting of persons;
E. Obstructs vehicular or pedestrian traffic;
F. Possesses or consumes alcoholic liquor in any public park, public place of amusement, or area under the jurisdiction of the City of Royal Oak that is owned and/or administered by the City of Royal Oak;
G. Urinates in a public place, except at public toilets.
H. Engages in an illegal occupation or business;
I. Loiters in a house of ill fame or prostitution or place where prostitution or lewdness is practiced, encouraged, or allowed;
J. Knowingly loiters in or about a place where an illegal occupation or business is being conducted;
K. Is found jostling or roughly crowding people unnecessarily in a public place;
L. Commits the offense of failure as a disorderly person to disperse if he or she participates with two more other persons in a course of disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance or alarm, and intentionally refuses or fails to disperse when ordered to do so by a peace officer or other public servant engaged in executing or enforcing the law;
M. Permits or suffers any place occupied or controlled by him or her to be a resort of noisy, boisterous, or disorderly persons.
N. A person commits the offense of public intoxication if he or she appears in a public place under the influence of alcohol, a controlled substance, other drugs or combination thereof and he or she is either endangering directly the safety of another person or of property, or is acting in a manner that causes a public disturbance.
O. Commits the offense of window peeping.
Practically speaking, this covers a wide range of behavior that many might not realize amounts to criminal activity. There are a few situations that normally result in this charge. Oftentimes somebody will get forcibly removed from a bar, only to find the police outside, who witness the scene and issue a disorderly citation. Other situations come from groups of people who have been gathering outside a place of business. This occurs frequently during big sporting events. The police will then ask everyone to leave, and those who are stubborn will often be charged with disorderly – fail to disperse. Other activity that will put you at risk for a disorderly conduct is being loud, harassing people in places of business, interfering with public property, and most importantly being disrespectful towards law enforcement. The very nature of disorderly conduct, in our opinion, is that it is a fallback charge when conduct does not rise to the level of a more serious crime. Word to the wise, if being questioned by police ALWAYS be cooperative and polite. Lashing out towards law enforcement can turn a 90 day disorderly conduct misdemeanor charge into a 2 year resisting obstructing felony charge.
Unfortunately these cases do not lend themselves neatly to trials. Typically the accused was drunk and it makes for memory/credibility issues. However, our office has found that such cases are normally ripe for negotiation. If you are charged with Disorderly Conduct, DO NOT JUST SHOW UP FOR COURT AND ADMIT GUILT. Oftentimes, what we can arrange for is a probationary period (a year is standard) whereby the charge will be dismissed at the conclusion of the term.
Most of the people we see charged with this offense are young adults, those applying for school and work. A disorderly conduct is a horrible offense to have on your record at such a crucial period. Without any context for the charge, employers and educators will just see that the accused was too drunk in public. For that reason, fighting or negotiating these charges is crucial.
Our Firm is experienced in Royal Oak’s District Court. We have found that its Judges are very realistic, fair, and will listen to well-reasoned arguments. Depending on the circumstances our office may recommend counseling if we believe, based on our experience, that it is necessary.