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What is punishment for a Disorderly Conduct charge in MI

Resolved Question:

What is the maximum and the normal puishment for a Disorderly Conduct charge in Utica Michigan? Is it normal to be sent to jail on a first offense? I was charged with a disorderly because my boyfriend and myself were drunk, and engaging in sexual acts in public, is that cause for jail?
Submitted: 6 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 6 years ago.
It is considered a misdemeanor with a $500.00 penalty and/or possible 90 days in jail for first time offense. Typically first timers are only asked to pay the fine, but I cannot guarantee what the judge will decide. It is best to have a criminal defense or public defender represent your interests and settle with the prosecutor for the fine, if you wish to avoid jail time. In general the D.A. does not like to settle without a defense attorney representing you.


750.168 Disorderly person; penalty.

Sec. 168.

(1) Except as provided in subsection (2), a person convicted of being a disorderly person is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

(2) A person convicted of being a disorderly person under section 167d is guilty of a felony punishable as follows:

(a) Except as provided in subdivision (b), by imprisonment for not more than 2 years or a fine of not more than $5,000.00, or both.

(b) If the person was previously convicted of violating section 167d, by imprisonment for not more than 4 years or a fine of not more than $10,000.00, or both.


 

 

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

 

 

Customer: replied 6 years ago.
Is it possible to request a Public Defender the day of your arraigment? I thought at the time it would be better to go and represent myself, but now I am not sure. It is too late to get a lawyer. My date is tomorrow. If I just plead Guilty, do Judges seem to be more leniet in just giving the fine? Or, does that make them give out jail time more? In your experience, I know all Judges are different....
Expert:  Attorney & Mediator replied 6 years ago.
Thank you for your response. It is never to late to request a public defender (if your income allows you to qualify) or to request a continuance to hire a criminal defense attorney. If you plea guilty you may not be eligible to seek an expungement of your record (seal your records) which could affect any future employment as most employers typically conduct backgrounds checks. If you plea not guilty, a trial will be set which will take longer time. If you can negotiate with the prosecutor to accept your guilty plea in exchange for a fine, then the judge will accept whatever was settled with the prosecutor, but as I have stated before, the prosecutor will not want to deal with you without legal counsel. I suggest you contact some attorneys now before your date tomorrow. Your case is not difficult, but if you want to make sure you do not get jail time, it will be wise to hire an attorney to get you the fine. You can search for a criminal defense attorney here. I would also suggest you contact the public defender in the county of the hearing date and ask what are the eligibility requirements to see if you can qualify for an attorney tomorrow.

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

Customer: replied 6 years ago.
Another question, since I was charged with a Disorderly, which was because of the sexual acts in Public, is there any way I will be put on the Sex Offenders List? Or, do I have to be charged at the time with a Sexual charge? Is there any way they are able to change the charge to something else at the arraignment? If my trial is at 1pm tomorrow, can I call a Public Defender that morning, or show up earlier to request one? There is no time to go over there today, but can you still get one the day of?
Expert:  Attorney & Mediator replied 6 years ago.
In Michigan you would only have to register as a sex offender for three convictions of disorderly conduct. Since this is your first, you are not required to. Below is the list of who must register:

Pursuant to M.C.L. 28.722, the following are the listed offenses that require registration in Michigan:
  • Accosting, Enticing or Soliciting a Child for Immoral Purposes (M.C.L. 750.145a);
  • Accosting, Enticing or Soliciting a Child for Immoral Purposes (prior conviction) (M.C.L. 750.145b);
  • Child Sexually Abusive Activity or Material (M.C.L. 750.145c);
  • Crime Against Nature or Sodomy, if the victim is less than 18 years of age (M.C.L. 750.158);
  • Indecent Exposure While Engaging in a Lewd/Lascivious Act (M.C.L. 750.335a(2)(b)), if previously convicted of violation of M.C.L. 750.335a.
  • Three convictions of any combination of:
    • Disorderly Person (M.C.L.750.167(1)(f)); (see below for definition)
    • Indecent Exposure(M.C.L. 750.335a(2)(a));
  • Gross Indecency Between Male Persons, if the victim is less than 18 years of age and the offender is not adjudicated as a juvenile (M.C.L. 750.338)
  • Gross Indecency Between Female Persons, if the victim is less than 18 years of age and the offender is not adjudicated as a juvenile (M.C.L. 750.338a)
  • Gross Indecency Between Male & Female Persons, if the victim is less than 18 years of age and the offender is not adjudicated as a juvenile (M.C.L. 750.338b)
  • Kidnapping, if the victim is less than 18 years of age (M.C.L. 750.349)
  • Leading, Taking, Carrying Away, Decoying, or Enticing Away Child Under 14 (M.C.L. 750.350)
  • Soliciting, Accosting, or Inviting to XXXXX or Immoral Act (M.C.L. 750.448)
  • Pandering (M.C.L. 750.455)
  • Criminal Sexual Conduct 1st Degree (M.C.L. 750.520b)
  • Criminal Sexual Conduct 2nd Degree (M.C.L. 750.520c)
  • Criminal Sexual Conduct 3rd Degree (M.C.L. 750.520d)
  • Criminal Sexual Conduct 4th Degree (M.C.L. 750.520e)
  • Any violation of state law or local ordinance that by its nature constitutes a sexual offense against an individual who is less than 18 years of age.
  • Any offense committed by a person who was, at the time of the offense, a sexually delinquent person.
  • Any offense substantially similar to a listed offense under a law of the United States, any state, or any country or under tribal or military law.
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:

(a) A person of sufficient ability who refuses or neglects to support his or her family.

(b) A common prostitute.

(c) A window peeper.

(d) A person who engages in an illegal occupation or business.

(e) A person who is intoxicated in a public place and who is either endangering directly the safety of another person or of property or is acting in a manner that causes a public disturbance.

(f) A person who is engaged in indecent or obscene conduct in a public place.

(g) A vagrant.

(h) A person found begging in a public place.

(i) A person found loitering in a house of ill fame or prostitution or place where prostitution or lewdness is practiced, encouraged, or allowed.

(j) A person who knowingly loiters in or about a place where an illegal occupation or business is being conducted.

(k) A person who loiters in or about a police station, police headquarters building, county jail, hospital, court building, or other public building or place for the purpose of soliciting employment of legal services or the services of sureties upon criminal recognizances.

(l) 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.

If there is new evidence presented, it is possible to add or increase the charge, but I doubt they would do so. Public defenders are usually requested on the day of the hearing, but only if you qualify financially, this is why I asked that you contact the defender's office to see what are the eligibility requirements.

 

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.


 

 

Customer: replied 6 years ago.
Ok, thank you. Last question, is it possible to request a Public Defender the day of my arraignment?
Expert:  Attorney & Mediator replied 6 years ago.
Yes, typically public defenders are appointed on the day of arraignment.

 

Legal Disclaimer: The information given by me is for informational/research use only and you are paying me only for such information. The information contained herewith is not legal advice and by rendering such information there is no formation of an attorney-client relationship. I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are advised to speak with the appropriate legal counsel for accurate information. Thank you.

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