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Royal Oak and Drunken Disorderly, an Overview

February 23, 2013,

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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
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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.



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Felony Charges for Resisting or Obstructing and/or Fleeing and Eluding

February 5, 2013,

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Far too often when we are retained for a criminal case, domestic violence, assault crime or drunk driving, a client is also charged with one of the following Michigan felony cases:

These crimes consistently are listed in the top 50 felony cases in Michigan.

Even a simple traffic stop, retail fraud or possession of marijuana offense can lead to egregious consequences when someone attempts to escape or engage in a struggle with the police. Unfortunately, the police may charge a person with resisting or obstruction when they misread the conduct of a person. This is sometimes the case when a person makes abrupt physical movements during an arrest which are interpreted as obstructive or assaultive conduct.

The State of Michigan classifies all resisting or obstruction and fleeing and eluding crimes as felonies! The penalties for conduct which qualifies as resisting, obstructing, assaulting, fleeing or eluding the police are classified according to seriousness of the crime. The seriousness of the crime will depend upon whether an injury or death has occurred.

Maximum Michigan Criminal Penalties for Resisting and Obstructing

  • No injury or death: 2 years or a fine of not more than $2,000.00, or both.
  • Bodily injury requiring medical attention or care: 4 years or a fine of not more than $5,000.00, or both.
  • Serious impairment of a body function: 10 years or a fine of not more than $10,000.00, or both.
  • Causes the death of an individual: 20 years or a fine of not more than $20,000.00, or both.

Maximum Michigan Criminal Penalties for Fleeing and Eluding

In addition to suspension or revocation of the driver license of a person convicted of fleeing and eluding, the following criminal penalties apply:

  • Fourth Degree: No injury or death: 2 years or a fine of not more than $2,000.00, or both.
  • Third Degree: 5 years or a fine of not more than $5,000.00, or both, if 1 or more of the following circumstances apply:
  • the violation results in a collision or accident, the violation occurred in an area where the speed limit is 35 miles an hour or less or the individual has a prior conviction for 4th degree fleeing and eluding, including attempt.
  • Second Degree: 10 years or a fine of not more than $10,000.00, or both, if 1 or more of the following circumstances apply: the violation results in serious impairment of a body function, or the individual has 1 or more prior convictions for 1st, 2nd or 3rd degree fleeing and eluding, including attempt.
  • First Degree: If the violation results in the death of another individual, 15 years or a fine of not more than $15,000.00, or both.

How to Respond when Confronted By the Police

When the police respond to a 9-1-1 call, pull over a motor vehicle or are acting upon a warrant for an arrest, they are placed in a potentially risky situation. The immediate goal of law enforcement officers is to secure the location by identifying parties that pose a threat or need to be isolated until witness statements can be obtained. The police are not involved in the "guilt or innocence" aspects of the case at this junction. For this reason, if you are confronted by the police, try to remain calm to avoid misunderstandings and confusion that could be construed as obstructive. As criminal defense lawyers, we have found that rational, polite, cooperative conduct can act in favor of someone facing criminal charges. By cooperation, I do not mean that you should "spill the beans". Keep in mind that aside from providing identification, a person does not have to make any statements and has an absolute right to remain silent. You Tube Video Link: Don't Talk to the Police. It is the job of a criminal defense lawyer to obtain the police reports, do an investigation and prepare a defense strategy for a client charged with a crime such as fleeing, eluding, resisting or obstructing.

What Factors Do Attorneys Consider When Defending Someone Charged With Resisting, Obstructing, Fleeing and Eluding?

When a client is charged with resisting or obstruction and/or fleeing and eluding, our first concern is whether anyone was injured. Assuming an injury did not occur, negotiations can usually go smoothly and our goal is to resolve the case by avoiding a felony conviction. Negotiations are much more complex when a law enforcement officer or our client sustains an injury. When a client is injured, he or she may be contemplating a civil lawsuit against the police or filing an internal complaint with the police department. Civil litigation will invariably lead the government to avoid plea bargaining as it will aggressively attempt to protect itself from damages and protect the integrity of the law enforcement agency involved. Since these scenarios will usually thwart any attempt to seek an amicable resolution of the case, the advice of a skilled criminal defense lawyer and a personal injury lawyer are crucial!

We continue to provide public information to our readers - The Top 50 Most Frequently Charged Felonies in Michigan

November 13, 2012,

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The Michigan Bar Association releases crime data for the state from time to time. While researching cases, we came across an informative article written by the Michigan Bar Association regarding the most frequently charged felonies in the State of Michigan. This article can be viewed here: Top 50 Felonies Most Frequently Charged in Michigan. Based upon our experience, I would agree: this list is an accurate representation of the types of cases that our Macomb County criminal defense firm handles on a frequent basis.

Listed below is a selection of the top felonies charged in Michigan:
Possession of a Controlled Substance (heroin, cocaine, analogues)
• Possession of Marijuana (double penalty for second offense)
• Possession of methamphetamine (MDMA)
Possession with intent to deliver less than 50 grams (cocaine, narcotic)
• Possession of an Analogue controlled substance (pills)
• Possession with intent to deliver marijuana
• Manufacturer or delivery of less than 5 kilograms of marijuana
Drunk driving - 3rd offense
• Assault with Dangerous/Deadly Weapon ("Felonious Assault")
Assault with Intent to do Great Bodily Harm
• Resist/Obstruct a Police Officer & fleeing and eluding
Criminal Sexual Conduct - 1st, 2nd, 3rd and 4th Degree
• Keeping or Maintaining Drug House
Home Invasion
• Retail Fraud 1st Degree (Retail Fraud 2nd and 3rd Degree are misdemeanors)
• Larceny in a Building, Larceny from a Vehicle

Sometimes, the amount of loss will determine whether an offense is classified as a felony. Offenses, such as embezzlement and malicious destruction of property, are also on the list of top felonies when the value is $1,000.00 or greater. If the value of stolen property was less than $1,000.00, the offense would qualify as a misdemeanor.

Pursuant to the Michigan Sentencing Guidelines, felonies are further broken down into categories that determine the accompanying sentence. Punishment for each class is listed below:
• Class A - Life imprisonment
• Class B - Up to 20 years in prison
• Class C - Up to 15 years in prison
• Class D - Up to 10 years in prison
• Class E - Up to 5 years in prison
• Class F - Up to 4 years in prison
• Class G - Up to 2 years in prison
• Class H - Jail or other intermediate sanctions, such as fines

Note: A future blog will be dedicated to the Michigan Sentencing Guidelines.

Below, you will find connections to some of our blogs that are pertinent to felony cases:

All Felony-related Posts

Drug Possession

Felony Assault - Assault with a Deadly Weapon

Fleeing, Eluding and Obstructing the Police

First Degree Retail Fraud and Larceny

Third Drunk Driving Conviction

Child Abuse and Neglect

Felony Marijuana Possession

Continue reading "We continue to provide public information to our readers - The Top 50 Most Frequently Charged Felonies in Michigan" »

The Nautical Mile in St. Clair Shores, a Metro Detroit Landmark

May 26, 2012,

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The Nautical Mile is located on Jefferson between 9 Mile Road and 10 Mile Road in the City of St. Clair Shores. The Nautical Mile is a Michigan landmark which consists of numerous restaurants, marinas and boat dealers along a one mile stretch of land along the Lake St. Clair shoreline. It is a major Metro Detroit area attraction and is well known for nightlife, dining, water sports, boating or just cruising on Jefferson Avenue.

In 2010, Michigan claimed third place among the 50 states with total boat registrations boasting 812,066 boats and watercraft. Florida and Minnesota rank above Michigan while California trails Michigan in the total number of registrations. The marinas located in St. Clair Shores, along with other Macomb County Marinas located in Mt. Clemens, Harrison Township and New Baltimore, claim a major share of these registrations. The major marinas consist of Miller Marina, Jefferson Beach Marina and Emerald City Harbor.

The locally popular restaurants along the Nautical Mile (Brownies, Pat O'Brien's, The Beach Grill, Waves) offer excellent culinary options and popular night spots. This combined with the marina and boating activity are a recipe for a summer long party atmosphere.

Alcohol is a close cousin of the boating scene which can lead to numerous criminal offenses. Our firm has represented individuals charged with drunk driving (OWI), boating under the influence (BUI), assault crimes, disorderly conduct, resisting arrest, public intoxication, MIP and domestic violence for various behavior on the waterfront. Whether on sea or shore, many of the confrontations with the police on the Nautical Mile are associated with alcohol consumption and/or drug use which can lead to misdemeanor or felony criminal violations.

The 40th District Court, located in St. Clair Shores, sees a fair share of cases associated with criminal activity along the Nautical Mile. I can say that the Judges of the 40th District Court are knowledgeable, proactive and reasonable when it comes to alcohol related crimes in their jurisdiction. Like other Judges in Macomb and Oakland County, the 40th District Court bench will give most first offenders a chance to dig out. The Judges in this Court are receptive to statutes which allow for deferrals and dismissals upon compliance. In this regard, our firm has negotiated and achieved special sentencing dispositions resulting in dismissals of drug crimes, domestic violence, disorderly conduct, MIP and other criminal offenses involving adults or youthful offenders pursuant to the Youthful Trainee Act (HYTA). Drunk driving cases are not so easily resolved but are often reduced to a lower offense which does not result in loss of license or jail time if handled properly. Clients facing a repeat criminal offense, violent crime, narcotic crime or property destruction will need a serious defense strategy.

A person who commits an alcohol related crime can expect probation along with random alcohol testing to insure compliance. The 40th District Court has its own probation department and I can say that they will set up a probation violation hearing upon notice of non-compliance or an alcohol/drug test failure. The 40th District Court is located on the corner of 11 Mile Road and Jefferson: 27701 Jefferson, St. Clair Shores, Michigan 48081; Honorable Mark A. Fratarcangeli and Honorable Joseph Craigen Oster presiding, Phone: 586-445-5280, criminal extension #3.

Continue reading "The Nautical Mile in St. Clair Shores, a Metro Detroit Landmark" »

Fleeing and Eluding, Resisting or Obstructing Police in Michigan

August 29, 2011,

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Fleeing and eluding or resisting and obstructing the police are felony offenses in Michigan. The crux of these offenses is to discourage conduct that would endanger the public and police who are engaged in the lawful performance of their duties such as pulling over a motor vehicle or effectuating a lawful arrest. Our firm has seen an increase in fleeing and eluding cases, as well as resisting and obstructing cases, in Macomb and Oakland Counties. I attribute a lot these cases to situations where the offender is afraid or acting on an impulse due to alcohol or drug use. Other cases involve offenders who have something to hide, have a pending warrant, have drugs in their possession or are driving on suspended license (DWLS) or under the influence (DUI).

Fleeing and Eluding: Pursuant to Michigan Law, the typical fleeing and eluding offense involves a person who fails to pull over and stop his or her motor vehicle after being signaled to do so. At a minimum, the person in this situation can be charged with fleeing and eluding fourth degree which can carry up to 2 years in prison. See ">Macomb Daily Article, Clinton Township Man arrested for trying to flee police, beer and pot found in car. the offense of fleeing and eluding can carry several years in prison if an accident, injury or death occurs.

Resisting and Obstructing: This offense can be charged when an individual assaults, wounds, resists, obstructs, opposes, or endangers a person who the individual knows or has reason to know is performing his or her duties. Resisting and obstructing is a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both. The penalties are enhanced if an injury or death occurs.

If you ever get pulled over or arrested, it is best to cooperate. By cooperate, I mean that you should be polite and provide your identification upon request. You should never abscond or attempt to argue or fight with the law enforcement officer. The officer may ask for you to make a statement. Pursuant to the 5th Amendment (right to remain silent), we recommend that you should kindly advise the officer that you do not want to make any statement without first speaking with a lawyer.

In addition to the above, you are required by law to disclose your CCW permit upon being pulled over by the police. The police really get freaked out when they discover that they were questioning someone who has a firearm in his or her possession. The best way to protect yourself in this scenario is to produce your driver's license and your permit to carry a weapon and say, "officer, I have a permit to carry a firearm and I have a gun in my vehicle or on my person."

It is always better from a criminal defense attorney point of view when the police report says that the offender was cooperative.