Disorderly Person Disorderly Conduct Charges

Have you been charged as a disorderly person or with disorderly conduct? In Michigan there is a broad spectrum of behavior that counts as such. “Common Prostitutes,” “peeping toms,” and persons who fail to support their family are all considered disorderly under the Michigan statute. There are also local ordinances that may cover disorderly persons. One specific type of conduct you may be unaware of is “disorderly fighting” or the kind of rough jostling that may take place at a concert or public rally. If you have been charged as a disorderly person, either under “disorderly fighting” or another subsection, it is important to retain an experienced attorney to keep this off your record, avoid you paying high court fines, or even going to jail. At Garmo & Kiste, PLC our attorneys have developed relationships with local Prosecutors and City attorneys and can try to negotiate a better deal for you. Disorderly Person Disorderly Conduct Charges? To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.

750.167 “Disorderly person” defined; subsequent violations by person convicted of refusing or neglecting to support family.

Sec. 167.

(1) A person is a disorderly person if the person is any of the following:

1. A person who is found jostling or roughly crowding people unnecessarily in a public place.

(2) When a person, who has been convicted of refusing or neglecting to support his or her family under this section, is then charged with subsequent violations within a period of 2 years, that person shall be prosecuted as a second offender, or third and subsequent offender, as provided in section 168, if the family of that person is then receiving public relief or support.

Sexual conduct in a motor vehicle is generally charged under MCL 750.335. It can also be cited as reckless driving though with other results. The statewide law against public lewdness is a misdemeanor and if convicted, it will be on your record forever. In order to prevent this it is best to hire an experienced attorney to try to reduce, modify, or get the charges dismissed. The best way to do this is through negotiation with the City Attorney or Prosecutor. As a final resort the Judge may be convinced to take your sentence under advisement, whereby it would be dismissed after completing the terms required such as a term of probation. Charged with Sexual Conduct in a Motor Vehicle Michigan? To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.

If a neighbor or community member signs a complaint to the police stating that your dog is participating in illegal behavior you may be summoned to a show cause hearing. At this hearing you are required to “show cause” why this is not true, or the dog may be put down or confined to your property. These forbidden activities include: running at large unaccompanied by owner, hunting out of control and without a license, destroying property or habitual damage by trespass to property not its owners, attacking or bitten a person, demonstrable vicious habits, or  molesting a person who is lawfully on the public highway.  Several local communities, such as Sterling Heights, aggressively prosecute these matters. The full text of the statute is below.  If you have been summoned pursuant to MCL 287.286(a) an experienced attorney can help you prepare the items of your defense. It is important that you follow court procedures and adequately “show cause” why this is not the case to avoid a bad result. At Garmo & Kiste our attorneys have experience handling these matters and know what types of cause the court is looking for.

Charged with Dog at Large Michigan? To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.

287.286a Sworn complaint; contents; issuance of summons; hearing; order; penalty for disobedience; costs; audit and payment of claims.

Sec. 26a.

(1) A district court magistrate or the district or common pleas court shall issue a summons similar to the summons provided for in section 20 to show cause why a dog should not be killed, upon a sworn complaint that any of the following exist:

1. 1. 1. After January 10 and before June 15 in each year a dog over 6 months old is running at large unaccompanied by its owner or is engaged in lawful hunting and is not under the reasonable control of its owner without a license attached to the collar of the dog.

      2. A dog, licensed or unlicensed, has destroyed property or habitually causes damage by trespassing on the property of a person who is not the owner.

      3. A dog, licensed or unlicensed, has attacked or bitten a person.
      4. A dog has shown vicious habits or has molested a person when lawfully on the public highway.
      5. A dog duly licensed and wearing a license tag has run at large contrary to this act.

(2) After a hearing the district court magistrate or the district or common pleas court may either order the dog killed, or confined to the premises of the owner. If the owner disobeys this order the owner may be punished under section 26. Costs as in a civil case shall be taxed against the owner of the dog, and collected by the county. The county board of commissioners shall audit and pay claims for services of officers rendered pursuant to this section, unless the claims are paid by the owner of the dog.

In Michigan it is illegal to provide alcohol to a minor. This duty is incumbent upon servers and bartenders in restaurants, older friends of minors, and even parents. The law requires a diligent search to determine the age of a person you are furnishing alcohol to. Law enforcement may even use sting operations to determine if an establishment is fulfilling their duty. If you have been charged under MCL 436.1701 you may be charged with a misdemeanor or even a felony depending on the severity of the crime. Especially if the minor went on to injure themselves or others after consuming the alcohol, you may end up facing a hefty jail sentence and serious fines.

Charged with Hosting Teenage Drinking Parties Furnishing Alcohol to a Minor Michigan? At Garmo & Kiste, PLC we have helped clients in this situation get these charges modified, reduced, or even dismissed. We can evaluate whether you are eligible for any sentencing diversions which would end up dismissing your charge after successfully completing the Court’s terms. To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.

Have you been charged under Michigan Compiled Law § 750.145 – Contributing to the Delinquency of a Minor? This charge can come about from hosting a teenage drinking party, or other delinquency. The illegal behavior is outlined in the statute below:

750.145 Minor; contributing to neglect or delinquency.

Sec. 145.

Contributing to neglect or delinquency of children—Any person who shall by any act, or by any word, encourage, contribute toward, cause or tend to cause any minor child under the age of 17 years to become neglected or delinquent so as to come or tend to come under the jurisdiction of the juvenile division of the probate court, as defined in section 2 of chapter 12a of Act No. 288 of the Public Acts of 1939, as added by Act No. 54 of the Public Acts of the First Extra Session of 1944, and any amendments thereto, whether or not such child shall in fact be adjudicated a ward of the probate court, shall be guilty of a misdemeanor.

A misdemeanor is a serious charge that can have serious ramifications. A misdemeanor charge will stay on your record forever and will appear on background checks for employment. An experienced attorney can get these charges modified, reduced, or even dismissed. At Garmo & Kiste our attorneys frequent Metro Detroit Courts and have developed relationships with the Prosecutors, City Attorneys, and Judges overseeing your case. We can negotiate a better deal or sentence for you based on the experience we have acquired. Charged with Contributing to the Delinquency of a Minor Michigan.To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.

In Michigan, Obstruction of Justice / False Statements to a Police Officer is governed by the following statewide statute:

750.411a False report of crime; violation; penalty; payment of costs by juvenile.

Sec. 411a.

(1) Except as provided in subsection (2), a person who intentionally makes a false report of the commission of a crime, or intentionally causes a false report of the commission of a crime to be made, to a peace officer, police agency of this state or of a local unit of government, 9-1-1 operator, or any other governmental employee or contractor or employee of a contractor who is authorized to receive reports of a crime, knowing the report is false, is guilty of a crime as follows:

1. If the report is a false report of a misdemeanor, the person is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

2. If the report is a false report of a felony, the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

(2) A person shall not do either of the following:

1. Knowingly make a false report of a violation or attempted violation of chapter XXXIII or section 327, 328, 397a, or 436 and communicate or cause the communication of the false report to any other person, knowing the report to be false.

2. Threaten to violate chapter XXXIII or section 327, 328, 397a, or 436 and communicate or cause the communication of the threat to any other person.

(3) A person who violates subsection (2) is guilty of a felony punishable as follows:

1. For a first conviction under subsection (2), by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

2. For a second or subsequent conviction under subsection (2), imprisonment for not more than 10 years or a fine of not more than $5,000.00, or both.

(4) The court may order a person convicted under subsection (2) to pay to the state or a local unit of government the costs of responding to the false report or threat including, but not limited to, use of police or fire emergency response vehicles and teams, pursuant to section 1f of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.1f, unless otherwise expressly provided for in this section.

(5) If the person ordered to pay costs under subsection (4) is a juvenile under the jurisdiction of the family division of the circuit court under chapter 10 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1001 to 600.1043, all of the following apply:

1. If the court determines that the juvenile is or will be unable to pay all of the costs ordered, after notice to the juvenile’s parent or parents and an opportunity for the parent or parents to be heard, the court may order the parent or parents having supervisory responsibility for the juvenile, at the time of the acts upon which the order is based, to pay any portion of the costs ordered that is outstanding. An order under this subsection does not relieve the juvenile of his or her obligation to pay the costs as ordered, but the amount owed by the juvenile shall be offset by any amount paid by his or her parent. As used in this subsection, “parent” does not include a foster parent.

2. If the court orders a parent to pay costs under subdivision (a), the court shall take into account the financial resources of the parent and the burden that the payment of the costs will impose, with due regard to any other moral or legal financial obligations that the parent may have. If a parent is required to pay the costs under subdivision (a), the court shall provide for payment to be made in specified installments and within a specified period of time.

3. A parent who has been ordered to pay the costs under subdivision (a) may petition the court for a modification of the amount of the costs owed by the parent or for a cancellation of any unpaid portion of the parent’s obligation. The court shall cancel all or part of the parent’s obligation due if the court determines that payment of the amount due will impose a manifest hardship on the parent.

(6) As used in this section:

(a) “Local unit of government” means:

1. 1. (i) A city, village, township, or county.
   2. (ii) A local or intermediate school district.
   3. (iii) A public school academy.
   4. (iv) A community college.

(b) “State” includes, but is not limited to, a state institution of higher education.

This means if falsely report a misdemeanor, then you are guilty of misdemeanor obstruction. If you falsely report a felony, then you are guilty of a felony. As with all crimes, these can stay on your record forever. A crime of “lying to authority” would look very bad to employers or potential employers so it is important to get it taken care of right away. An experienced attorney can represent you on this matter and through negotiation with the prosecutor or city attorney, may be able to get these charges dismissed, reduced, or modified. Obstruction of Justice / False Statements to a Police Officer Michigan: To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.

Victim of Harassment and Stalking in Michigan? Hsrassment is a criminal offense in Michigan under the stalking statute which states:

750.411h Stalking; definitions; violation as misdemeanor; penalties; probation; conditions; evidence of continued conduct as rebuttable presumption; additional penalties.

Sec. 411h.

(1) As used in this section:

(c) “Harassment” means conduct directed toward a victim that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the victim to suffer emotional distress. Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.

If you are charged with stalking it is a very serious offense. You need an experienced attorney to represent you to prevent you from paying heavy fines, having a permanent criminal record, or even incarceration. Furthermore, our office recently handled a case where a client was convicted of stalking, was incarcerated, and completed parole successfully. However, thereafter a PPO was taken out against him, meaning that he was punished repeatedly for the same offense. Moreover, this PPO could last or be extended indefinitely. If you do not want this to happen to you, it is important to fight this charge from the very beginning. The attorneys of Garmo & Kiste, PLC have had success fighting charges of stalking and harassment, and we can put our experience to work for you in order to get these charges modified, reduced, or even dismissed.

To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.

One of the most underrated components of a civil case is Case Evaluation. After the initial exchange of pleadings and discovery, each party has an opportunity to present their case to a panel of experts from the legal community who will then assign a monetary value to the Plaintiff’s claims. If the Defendant agrees to pay the amount and the Plaintiff accepts, the case is settled and disposed of. If either the Defendant is unwilling to pay the amount, or Plaintiff does not accept the amount, the case will proceed. However, it proceeds with the caveat that if it goes to trial the party that does not prevail (meaning if the Defendant has to pay more damages, or if the Plaintiff is awarded less in damages) faces stiff financial penalties. Case evaluation exists to promote the public policy of settling claims outside of Court so as not to waste the Court’s time and resources. Experienced attorneys can, through filing of case evaluation summaries and other advocacy, secure a favorable case evaluation award. This will increase your chance of a good settlement award while keeping attorney’s fees relatively low. The experienced attorneys of Garmo & Kiste, PLC are familiar with case evaluation panels and strategy, let us go to work for you! To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

When a person is charged with a crime, a good Attorney is always trying to think of ways to keep you out of jail, and keep your record clean.

1) Holmes Youthful Trainee Act. (HYTA) This is a Michigan statute for offenders between the ages of 17 and 21. If you are sentenced pursuant to HYTA and the sentence would be held under advisement by the Court until you have successfully completed probation or other terms. Once these terms are complete the crime is removed from your record. HYTA is not available for traffic offenses, some drug crimes, criminal sexual misconduct, and offenses where the maximum penalty is life in prison. Consent of the Prosecutor is not required, it is all up to the Judge.

2) 7411 status. If you are outside of the window for HYTA and you’re charged with a drug or possession crime only (under 25 grams) you may be eligible for 7411 status, sentence underadvisement. Again, when the Court’s terms are completed your record would be clean. Unlike HYTA, you cannot receive multiple 7411’s. Consent of the Prosecutor is not required, again, it is all up to the Judge.

3) MCL 769.4A. While few are aware, in Domestic Violence cases where the Prosecutor consents after consultation with the Victim and the Defendant has no other assaultive crimes may have their charge discharged or even dismissed, as well.

4) First Offender Program. For certain offenses if it is your first offense even if you are older than 21 you may be eligible for Oakland County’s Prosecutor’s First Offender Program, or a simple program. Under this program, you would plead guilty in exchange for a period of supervised probation, paying fines, and costs, and community service. Thereafter your case would be dismissed.

5) Delayed Sentence. On most charges the Court may also choose to delay a sentence pursuant to MCL 661.1. The sentence is delayed contingent on successful completion of probation and other terms, with the likely outcome that the charge is dismissed or reduced thereafter.

As you can see many of these sentences require extensive negotiation with a Prosecutor, City Attorney, or Judge. At Garmo & Kiste, PLC our attorneys frequent Metro Detroit Courts and have developed professional relationships with these very Prosecutors, City Attorney’s, and Judges. Once you have been charged with a crime it is all about making the best out of a bad situation. Hiring an attorney can help avoid these charges from spiraling out of control into a costly and time consuming legal processes involving jail time, a criminal record, and ramifications for your employment, licenses, applications, student loans, etc. To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.

A conviction for Malicious Destruction of Property (MDOP) can affect your ability to get Homeowner’s insurance. Michigan has extensive statutes governing a crime called “malicious destruction of property.” The statutes outline the punishments associated with the destruction of different types of property. Many are very serious, as you may expect they include incarceration, court fees and fines, and may result in the creation of a lifetime criminal record. However, one possible ramification you may not be aware of can be expensive, burdensome, and a complete surprise: your homeowner’s insurance rates may go up. Insurance companies can assess the risk of having to pay out on any given individual based on many different factors. Their algorithms reflect that if you have this particular strike against you, you are a higher risk. At Garmo & Kiste, PLC we have developed relationships with local Prosecutor’s and City Attorneys, we may be able to get these charges reduced, modified, or even dismissed, and save you rising insurance costs among many others. While you may think it’s too expensive to hire an attorney, you could in fact be saving yourself thousands of dollars in insurance premiums every year. You can’t afford not to call Garmo & Kiste, PLC today. To retain Garmo & Kiste, PLC call us at (248) 398-7100 (248) 398-7100 for a free consultation or contact us with a private message.

Also see our other articles regarding Malicious Destruction of Property here.