Articles Posted in Fleeing, Eluding, Resisting, Obstructing

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‘Fleeing & Eluding’ and ‘Resisting or Obstructing’ the police are crimes that are classified as felony offenses in Michigan. These laws are meant to discourage conduct that endangers the public and the police who are engaged in the lawful performance of their duties. Our firm has seen an increase in fleeing and eluding cases, as well as resisting and obstructing cases, in Macomb and Oakland Counties. There are many reasons that are given by clients charged with these offenses. Some of the most prevalent reasons are as follows:

  • The offender is under the influence of alcohol or drugs, or a combination of both, and engages in risky behavior or irrational conduct.
  • The offender suffers from psychological disorders (PTSD, bi-polar disorder, ADHD), needs treatment or had an adverse reaction to medications.

 

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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 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. 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.
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St. Clair Shores is a suburban community bordering along Lake St. Clair from 8 Mile Road to 14 Mile Road. The 40th District Court has jurisdiction over legal matters that arise in the City of St. Clair Shores including:

  • Criminal misdemeanor offenses (domestic violence, retail fraud, possession marijuana, DWLS)
  • Misdemeanor Drunk Driving (OWI, OWI with High BAC .17 or More)
  • Traffic offenses
  • Felony offenses through preliminary examination (after preliminary examination, felony cases are handled in the Macomb County Circuit Court)

The 40th District Court is located on the corner of 11 Mile Road and Jefferson: 27701 Jefferson, St. Clair Shores, Michigan 48081, Phone: 586-445-5280. Honorable Mark A. Fratarcangeli and Honorable Joseph Craigen Oster presiding.

St. Clair Shores: Nautical Mile, I-94, I-696

St. Clair Shores is best known for its several miles of coastline on Lake St. Clair. The lake is a big draw for recreation and for many that choose to live in St. Clair Shores. The area has a reputation for its charm and being a safe place to live. I can confirm these attributes since St. Clair Shores is my hometown.

Most of the recreational activity in St. Clair Shores arises in a dedicated zone known as the Nautical Mile. The Nautical Mile in St. Clair Shores, located on Jefferson from 9 Mile Road to 10 Mile Road,  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.

The City of St. Clair Shores has its own police department. The interstate expressways in St. Clair Shores, I-94 and I-696, are watched by the Michigan State Police.

Criminal Cases in the 40th District Courts: Provisions of Law to Get Dismissals Available!

Our firm has represented clients charged with just about every imaginable misdemeanor and  felony crime in the 40th  District Court. The following is list of some of the most prevalent cases that we regularly see on the 40th District Court’s docket:

 The 40th District Court keeps close tabs on the community to insure safe streets and recreational enjoyment. I would say that both judges take a ‘hands on’ approach to their cases. They use alcohol and drug testing extensively to monitor individuals that are on bond or convicted of an alcohol or drug related offense. Jail is a probable option for those that violate probation in the 40th District Court.

Getting out on bond, bond conditions: If you are arrested or arraigned on a criminal matter in the 40th District Court, you will appear either before a magistrate or judge.  Insofar as possible, it is always advisable to have an attorney present for arraignment purposes. An attorney can make a considerable difference at an arraignment hearing by advocating for a personal bond (where no money needs to be posted) or a for a low cash/10% bond arrangement. I have found that Judge Oster, Judge Fratarcangeli and the magistrate will listen to an attorney’s remarks regarding bond which can save potentially thousands of dollars that a bondsman would otherwise cost.  In addition to the cash component of bond, the Court can also impose bond conditions upon a person’s release from jail. Drug and alcohol testing are common bond conditions for those charged with any crime involving drugs or alcohol. A ‘no-contact order‘ is assured in assault cases, domestic violence, sex crimes and all other crimes involving a victim. In retail fraud cases, the accused party may be instructed to refrain from entering the establishment where the alleged shoplifting occurred. A motion for a hearing can always be filed to modify bond conditions, remove a no-contact order or eliminate travel restrictions.

Misdemeanor or Felony Classification: In Michigan, the district courts have full jurisdiction to dispose of misdemeanors through sentencing. A misdemeanor is classified as an offense that carries up to 1 year in jail.  Felony cases are another matter. A felony is classified as a crime that can carry more than 1 year in jail. A felony case is initiated in the district court for the arraignment, probable cause conference and preliminary examination. A felony that is not resolved in the district court will be moved to the circuit court for further proceedings. In certain cases, a felony can be reduced to a misdemeanor and can remain in the district court. Accomplishing reduction of a felony to a misdemeanor, thus avoiding a felony conviction, is considered a huge victory.

The outcome of a criminal case in the 40th District Courts, as well as other Macomb County District Courts, is dependent upon many components.  The most significant factors that can have a bearing on the disposition of a case are:

  • Prior criminal history of the accused party.
  • Cooperation with the police.
  • Whether another party was injured, or property was damaged.
  • The ability of the accused party to provide restitution for damages to the injured party.
  • Whether the offense is a ‘policy case’ (crimes against senior citizens, children).

In our experience, criminal cases can be resolved favorably at the 40th District Court. All these special provisions of law are possible in the 40th District Court which can result in a dismissal of a criminal matter:

Drunk Driving Cases in the 40th District Court

For most first time drinking and driving offenders, jail is not likely in the 40th District Court absent some other aggravating circumstances. A person without any prior drinking and driving offenses can expect to get an OWI reduced to ‘operating while impaired’ in the 40th District. It is both extremely difficult and rare, but not impossible, to get a drinking and driving offense reduced to a non-criminal offense. If a person is charged with Super DUI (BAC .17 or greater) a deviation may need to be filed to get a plea bargain to a lower offense. In 2016, there were approximately 100 arrests for operating while intoxicated related offenses in St. Clair Shores and 42 registered a .17 or more.

1st offense drinking and driving:  For most first time drinking and drivingoffenders, jail is not likely absent some other aggravating circumstances in the 40thDistrict Court. A person without any prior drinking and driving offenses can expect to get an OWI reduced to ‘operating while impaired’. It is extremely difficult and rare, but not impossible, to get a drinking and driving offense reduced to a non-criminal offense. In addition to probation, a person convicted for a first drinking and driving offense (operating while impaired) is looking at:

  • Probation for 1 year or less
  • Fines and costs approximately $1,200.00
  • Restricted license for 90 days
  • Attend an alcohol or substance abuse program (discretionary)
  • Possible drug testing, alcohol testing, AA meetings (discretionary)
  • 4 points on driving record

Super Drunk Driving: If a person is charged with Super DUI (BAC .17 or greater) a deviation may need to be filed to get a plea bargain for a lower offense. Super DUI convictions will result in mandatory license suspension for 45 days followed by a restricted license for a period of 320 days with the requirement of a vehicle breathalyzer ignition interlock device (BAIID). The Court can also order installation of an ignition interlock system on any vehicle driven by a person convicted of any drinking and driving offense, not just a Super DUI.

Repeat DUI Offender: A repeat drinking and driving offender may be looking at a longer period of probation, up to 2 years, with the possibility of some jail time.  There are many steps that we can recommend to those charged with a repeat offense to reduce the likelihood of incarceration in almost every court.

Third Lifetime DUI = Felony: DUI 3rd is a felony/with a maximum penalty of 1-5 years in prison.  Felony matters begin in the district court and can remain in the district court for purpose of sentencing and probation ONLY if reduced to a misdemeanor. Felonies that are not resolved in the district court are handled in the Circuit Court after the probable cause conference or preliminary examination. Click here for more information on felony procedure.

The 40th District Court Probation Department: 27701 Jefferson, St. Clair Shores, Michigan 48081

The 40th District Court has its own probation department located inside of the courthouse.

It is within the judge’s discretion whether to place an individual on probation after being convicted of a criminal or drunk driving offense. When probation is imposed, the judge may require reporting or non-reporting probation.  The maximum period of probation that can be imposed in the district courts is 2 years.

Traffic Violations in the 40th District Court: Reduced to Avoid Points and Record of any Conviction!

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Like other district courts in Macomb County, I would say that traffic tickets are on the top of the list of types of cases that are litigated at the 40th District Court. The presence of I-94 and I-696 contribute to the traffic volume in St. Clair Shores.  When resolving a traffic matter in the 40th District Court, we are often able to negotiate a reduction or avoid points. A substantial reduction in a traffic ticket occurs when it is reduced to an offense such as impeding traffic or double parking. A traffic ticket that is reduced to impeding traffic or double parking does not carry any points and will never appear on a person’s driving record! We are also able to get favorable results for individuals charged with misdemeanor traffic offenses such as driving while suspended, reckless driving and leaving the scene of an accident

Courts are making it easier than ever to just pay your traffic ticket by visiting the court’s website and conveniently providing an option to pay by credit card.  Unfortunately, most individuals that receive a traffic ticket do not hire a lawyer and wind up with a record and points that will have an impact on insurance premiums for several years. The path of least resistance, paying the ticket, can be much costlier in the long run.

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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:

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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
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