Articles Posted in Disorderly Conduct

 

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Crime Classifications/Misdemeanor or Felony

In Michigan, crimes are classified as either misdemeanors or felonies. The maximum term of incarceration determines whether a crime is classified as a misdemeanor or felony. A misdemeanor is defined as a crime that carries 1 year or less in jail. A felony is defined as a crime that carries more than 1 year, up to life, in prison. Felony representation link.

There are hundreds of offenses that are classified as misdemeanors in Michigan. In our experience, the following are the most prevalent misdemeanor crimes that you will find on the dockets of Metro Detroit (Wayne, Oakland, Macomb) district courts:

Each of the above offenses constitutes a crime. Upon conviction, the offense will appear on a person’s permanent public criminal history with the Michigan State Police and the FBI. With some exceptions, most misdemeanors are eligible for expungement.

Our research indicates that there are several thousand arrests in Michigan for misdemeanor offenses. Drunk Driving cases account for roughly 10,000 arrests each year in the Counties of Macomb, Oakland and Wayne. Retail fraud and larceny crimes are also extremely common criminal offenses. In 2018, approximately 20,000 property crimes were reported in Macomb County alone. Property crimes include retail fraud, MDOP, other larceny crimes, joyriding and embezzlement.

Certain misdemeanor offenses may be more prevalent in a particular geographical area because of specific police activity. For example the following criminal offenses are targeted by the police and thus more prevalent in these areas:

Macomb County District Courts

We have dedicated this  article to give you the big picture on the topic of misdemeanors in Macomb County. This project is based upon our experience handling more than 10,000 criminal cases in Michigan. Misdemeanor cases are handled in the local district courts for each county. The district court system in Michigan is broken down based upon population. This map illustrates the jurisdictional picture of the district court system in Macomb County where misdemeanor cases are adjudicated:

District-Courts-Macomb-Map

The list below contains links to the district courts located in Macomb County:

Penalties  and Consequences for Misdemeanors

Misdemeanors are extremely serious matters. The presiding district court judge has vast power to sentence an individual following a conviction for a misdemeanor. The list of potential penalties and consequences for a misdemeanor conviction are as follows:

  • Jail: Up to 1 year incarceration.
  • Fine, court costs and cost of prosecution in the judge’s discretion.
  • No limit on restitution for any loss, injury or damage to victim(s) or third parties such as insurance companies.
  • Probation for up to two (2) years.
  • Probation for up to five (5) years for stalking.
  • Substance abuse counseling, attendance of AA meetings.
  • GPS monitoring (in cases such as stalking).
  • Loss of right to obtain a concealed pistol license (CPL) for a period of 3 years or 8 years, depending upon the offense.
  • Suspension or revocation of driver’s license for traffic misdemeanors and OWI.
  • Points added to your driving record for traffic misdemeanors and OWI.
  • No contact order as a bond condition and during the entire period of probation.
  • Alcohol and drug test testing as a bond condition and during the entire period of probation.
  • Travel restrictions as a bond condition and during entire period of probation.
  • Reporting to a probation officer at intervals to be determined by the judge.
  • Deportation for non-US citizens upon conviction of misdemeanors that constitute crimes of moral turpitude.

Getting an experienced criminal defense attorney can be the best decision that you can make if you are charged with a misdemeanor. There may be ways to avoid a conviction altogether, have the offense reduced or amended and avoid many of the penalties and consequences as listed above.

Getting a Misdemeanor Case Under Control

A misdemeanor needs to be taken seriously. Fortunately, there are distinct provisions of law in Michigan designated to obtain a dismissal of a misdemeanor without going to trial. These provisions of law afford an individual a chance to get a criminal charge dropped after completing a period of probation and complying with the terms of probation. The following is a list of provisions used extensively in every Macomb County Court with links for expanded explanations:

  • HYTA: Cases accepted pursuant to HYTA status enable youthful offenders (age 17 but under age 24) to get a criminal offense (felony or misdemeanor) dismissed and sealed.
  • Dismissal of Drug Crimes: First time drug offenses involving use or possession, but not delivery, can be dismissed pursuant to application of MCL 333.7411.
  • Domestic Violence: A domestic violence charge can be dismissed upon use of MCL 769.4a in appropriate circumstances.
  • Deferral of Case or Delaying Sentence: MCL 771.1 is a special provision of law that can be utilized to get a criminal case under control by deferring the matter (for a later dismissal or reduction in the charge) or delaying the sentence (for leniency).

Although the above provisions are widely used and have enormous benefits, they are not without consequences. Once in the system for a criminal offense, a court file and police record are generated. Even if a case is later dismissed under a special provision of law, there can be a record floating around that should have been suppressed or sealed. In addition, there are always certain government and police agencies, along with other sensitive institutions, that are able to see every entry of a person’s record, even for matters that are dismissed under a special provision of law.  An experienced criminal defense lawyer can look for ways to strategically handle a criminal matter to get the most favorable resolution to avoid a trail of negative entries on a person’s record.

Retail Fraud/Shoplifting Can be Dismissed in Macomb County

Retail fraud is the name given for the crime of shoplifting in Michigan and it is always one of the most prevalent crimes that we see in every courtroom in Macomb County. The offense of retail fraud is committed by taking something from a retail establishment with the intent to steal. The crime is accomplished by the intentional concealment of goods, changing a price tag/package or by attempting to defeat the scanning process. Retail fraud is a serious crime and constitutes a crime of moral turpitude that will result in deportation for those that do not have United States citizenship. The penalty for retail fraud depends upon the value of the goods:

  • Retail Fraud First Degree (value of goods $1,000.00 or more): Felony punishable by up to 5 years imprisonment.
  • Retail Fraud Second Degree (value of goods $200.00 up to $1,000.00): Misdemeanor punishable by up to 1 year in jail.
  • Retail Fraud Third Degree (value of goods up to $200.00): Misdemeanor punishable by up to 93 days in jail.

Virtually every major retailer (Kohl’s, Target, Walmart, Meijer, Sam’s Club) utilizes loss prevention employees to deter shoplifting and apprehend shoplifters. Once charged with this crime, an attorney’s services are crucial to find a way to avoid a conviction in the criminal justice system. First offenders almost always qualify for a plea bargain to get the matter deferred and dismissed. The terms of the probation can differ depending the court and whether the judge believes the offender needs to be supervised or non-supervised. Non US Citizens need to hire a lawyer to avoid a “theft” related conviction altogether to avoid deportation.

Avoiding Traffic Misdemeanors

Not all traffic offenses are created equal. Traffic offenses are classified as civil infractions or misdemeanors. Civil infractions, such as speeding, are considered less serious. Misdemeanor traffic offenses often carry greater points (6 in many cases), possible jail and appear on a person’s criminal record.  In Michigan, the following offenses are misdemeanors:

  • Reckless Driving
  • Leaving the Scene of an Accident
  • Driving While License Suspended

We look for ways to reduce the impact of a traffic misdemeanors by scheduling a pretrial conference with the prosecutor to seek meaningful reductions. This often can result in a misdemeanor being reduced to a civil infraction thereby saving a person from having a criminal record. In addition, getting a traffic misdemeanor reduced to a lower offense can also result in meaningful reduction in points and insurance premium savings.

Operating While Intoxicated 

As we have said, Operating while Intoxicated (OWI) is always one of the most prevalent crimes on every district court docket. Like most people, you have probably not heard of the Michigan Drunk Driving Audit. The Michigan Drunk Driving Audit is a website which compiles detailed statistics regarding drunk cases based upon  information obtained from police agencies and courts. In 2018, there were approximately 2,200 individuals tested for drugs or alcohol and most resulting a criminal charge of operating while intoxicated or under the influence of drugs. The statistics are further broken with details as to the number of individuals with a blood alcohol content of (BAC) of .17% or greater. In 2018, approximately 750 individuals in Macomb County that provided a test result were positive for alcohol at .17% or greater, constituting “Super Drunk Driving“.

There are many legal and technical aspects to a drunk driving case. At the very least, you probably have the following questions if you are facing a drunk driving offense:

  • Can the case be dismissed?
  • Can the charge be reduced?
  • Am I going to jail?
  • What will happen to my license?
  • Why did they destroy my license?
  • Was I required to give a blood test or take a breathalyzer test?
  • Can an attorney get the police in-car video and body-cam video? Continue reading ›

 

downtown_RO

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, the Royal Oak police do 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 cases which include drunk driving and disorderly conduct. 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 and court costs. In addition, to possible jail, fines and costs, the following sanctions may also be imposed or court ordered:

  • Up to 2 years probation.
  • Drug and alcohol testing while on bond or probation.
  • Substance abuse/alcohol counseling.
  • Community service.
  • Oakland County WWAM community service.
  • Restitution for any damages or injuries.
  • Municipal response (police) costs.

A night out with friends should not end up as a disaster. It is our job to get your case under control and get you out of the system with minimal consequences and the ability to earn a dismissal of the charge upon compliance,

What is Considered Disorderly Conduct in Royal Oak?

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.

Examples of Disorderly Conduct, Public Intoxication Cases, Peeing in Public

Practically speaking, the disorderly conduct state statute and local city ordinances cover a wide range of behavior that many might not realize amounts to criminal activity. There are a several scenarios that can result in being charged with disorderly conduct (a/k/a drunken disorderly or public intoxication). Here is just of sample of cases that we have seen:

  • Getting forcibly removed from a bar, only to find the police outside, who witness the scene and issue a disorderly citation.
  • Creating a disturbance of any kind, or fighting, after consumption of alcohol.
  • Urinating in public.
  • Entering the wrong house in a neighborhood after consuming alcohol (this happens more often than you would think).
  • Laying down on the sidewalk intoxicated or vomiting in a public place.
  • Having sex in public (which can also lead to more serious sex crimes such as indecent exposure or gross indecency).

Other activity that will put you at risk for a disorderly conduct is being loud, harassing/pushing people in places of business, interfering with public property, and most importantly being disrespectful towards law enforcement.

Felony Charges for Extreme Conduct: Resisting/Obstructing the Police, Fleeing

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 felony such as  resisting and obstructing which can carry 2 years in prison. Likewise, driving off or running from the police is always a bad idea because once apprehended, the offender can be charged with fleeing and eluding, a felony with various penalties.

Hot Spots for Disorderly Conduct: Royal Oak, Ferndale, St. Clair Shores, Utica, Detroit

Mostly, we see disorderly conduct, or alcohol related cases (urinating in public, indecent exposure), arising in areas where there is a concentration of bars and people are assembled on the streets for various reasons. There is no limitation to where a disorderly conduct offense can occur. Nonetheless, the vast majority of cases occur in areas which offer a popular bar/nightclub scene like Royal Oak, Detroit, St. Clair Shores (Nautical Mile), downtown Utica, and downtown Ferndale.  Detroit sports venues and sports bars are also places where the police are watching and charging exuberant fans with disorderly conduct.  While disorderly conduct cases are always one of the most prevalent on every district court docket, I would say that we see more of them occur on the Wednesday before Thanksgiving (one of the biggest ‘bar nights’) and Tigers opening day, than at any other time.

Courts will Consider Deferring Proceedings and a Dismissal!

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.

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 make the fatal mistake of pleading guilty without first knowing all of your options. Contacting an experienced criminal defense lawyer should be your first priority. Oftentimes, we can arrange a probationary period whereby the charge will be dismissed upon compliance with any conditions ordered by the court at the conclusion of the term. The length of the probationary period and the terms of probation are in the sole discretion of the Judge assigned to the case which may include all or none of the following: alcohol testing, drug testing, counseling, community service, reporting to a probation officer, fines/costs (always imposed) and possible jail time (rarely imposed unless the circumstances are extreme).

Our Firm is experienced in Royal Oak’s 44th 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 or will help facilitate a favorable disposition.
Continue reading ›

pee in public.jpeg
Urinating in a public place can be charged as a misdemeanor under local city or township ordinances, pursuant to Michigan’s Indecent Exposure Statute (MCL 750.335a), or under the general Disorderly Conduct Statute  (MCL 750.167). The crime “urinating in a public place” can be misused by the police and lead to negative connotations associated with deviancy or sexual misconduct. A conviction on a person’s record leads to undeserved misunderstandings and possibly labels the person as a weirdo or trouble maker. Let us explain how we fight and win to avoid the stigma associated with this crime when it is a case involving medical emergency or a client is eligible for substantial break under the law.

Detroit, Royal Oak, St. Clair Shores, Utica: Areas with active night-life get most disorderly conduct cases.

The police tend to be on the lookout for misconduct such as urinating in public, disorderly conduct and public intoxication in areas where bars are in close proximity to residential areas. Therefore, we see a greater number of persons charged with this crime in places like Detroit, Royal Oak, St. Clair Shores or downtown Utica where many bars are located within a confined geographical area.  By far,  Royal Oak and Detroit top the list of places where our clients face charges for public intoxication and urinating in public.

fabian dismissal

Above image is an actual court disposition resulting in dismissal of multiple offenses.

This blog is based upon our experience representing clients that are charged with multiple criminal offenses. Multiple criminal offenses may be brought even when there is a single intent involved. When confronted with multiple criminal charges, our objective becomes one of untangling the mess, isolating what really occurred and attempting to get charges reduced or dropped.

In certain situations, a person may obtain multiple criminal charges arising out a single incident, single intent or criminal episode. An evening of alcohol consumption with friends, or the escalation of a domestic altercation, sometimes ends poorly. In other cases, multiple criminal charges may be the result of an over-zealous prosecutor or police agency seeking to hit an offender with every offense in the Michigan Penal Code. In our experience, multiple criminal charges arising out of a single incident is usually “over-kill” on the part of the prosecutor or cops and seldom results in multiple convictions when approached with a sound legal strategy.

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