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JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience:  Handling criminal and probation matters for over 14 years.
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My daughter received a State of Michigan Uniform Law Citation

Resolved Question:

My daughter received a State of Michigan Uniform Law Citation for trespassing at a restaurant. She went in and ordered a coffee but was asked to leave. Apparently she had been there before and was asked to leave. She is bipolar and was acting strangely. A couple days later we had her court ordered to be hospitalized. She is compliant with meds now and feels she was not guilty as she did nothing and had ordered a coffee. In addition there is a mistake about the date written on the ticket.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  JB Umphrey replied 2 years ago.
Hi and thank you for using JustAnswer!

I am sorry to learn of the circumstances you've described. Please clarify: what is your actual question that you'd like assistance with? What information are you seeking from JustAnswer?
Customer: replied 2 years ago.
How can you be guilty of trespassing if the restaurant is open and you have ordered and paid before you were given the ticket? And how can the court prosecute when there is a descrepancy on the ticket?
Expert:  JB Umphrey replied 2 years ago.
Well, let's look at a couple of things. When was she first told to leave the restaurant or to not return to the restaurant?
Customer: replied 2 years ago.
We are not sure and neither is she as she was not functioning in a clear manner at the time
Expert:  JB Umphrey replied 2 years ago.
Okay. How old is she?
Customer: replied 2 years ago.
She is 40 years old
Expert:  JB Umphrey replied 2 years ago.
Thank you. Are you her court-appointed guardian?
Customer: replied 2 years ago.
Yes I am now, but was not at the time.
Expert:  JB Umphrey replied 2 years ago.
Thank you.

You will want to go to court with your daughter. She can plead not guilty.

If she cannot afford to hire an attorney, she can ask the judge for a court-appointed attorney.

The court-appointed attorney can obtain a copy of the police reports and review them with the prosecutor and explore any possible ways to resolve the matter in a way best-suited for the circumstances.

For future reference, Michigan law relative to trespass provides:

750.552 Trespass upon lands or premises of another; violation; penalty.

Sec. 552.

(1) A person shall not do any of the following:

(a) Enter the lands or premises of another without lawful authority after having been forbidden so to do by the owner or occupant or the agent of the owner or occupant.

(b) Remain without lawful authority on the land or premises of another after being notified to depart by the owner or occupant or the agent of the owner or occupant.

(c) Enter or remain without lawful authority on fenced or posted farm property of another person without the consent of the owner or his or her lessee or agent. A request to leave the premises is not a necessary element for a violation of this subdivision. This subdivision does not apply to a person who is in the process of attempting, by the most direct route, to contact the owner or his or her lessee or agent to request consent.

(2) A person who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 30 days or by a fine of not more than $250.00, or both.

 

 

Separately, any error on the ticket about the date is not legally relevant because the officer/prosecutor can amend the ticket to reflect the correct date and the judge will allow it.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

Please let me know if there is anything else I can provide to give you excellent service!"
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience: Handling criminal and probation matters for over 14 years.
JB Umphrey and 8 other Criminal Law Specialists are ready to help you

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