Former Michigan Prosecutor | Jonathan Andrew Paul
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Urinating in Public UIP Ticket Misdemeanor

7/8/2018

 
In Michigan there are a few charges that can be associated with urinating or defecating in public.  The more serious route is the State of Michigan offense of Indecent Exposure.  In Michigan there is a simple and aggravated indecent exposure when they knowingly make any open or indecent exposure of his or her person to another person. 

It becomes the more serious aggravated when the indecent exposure involves fondling yourself or engaging in any sexual acts.  
Aggravated indecent exposure is essentially masturbating in public, which is a felony offense that carrying a maximum penalty of up to two years in the state prison as well as a fine of up to $2000.  Simple indecent exposure is a misdemeanor offense. 

Urinating in public could be charged as indecent exposure or it can be charged as a local ordinance as public urinating, which is still a 90-day criminal misdemeanor.  The City of Ann Arbor along with other cities, townships and villages have this unique offense on the books.  

As a former prosecutor, I would look at the facts of the case before deciding on how to approach and charge the case; I could always amend to a more serious offense or reduce to a less serious offense.  Things to consider: 

Was the person urinating/exposing themselves in the middle of the day with the intention of people seeing the act, or was it 3 am in a dark alley, but the police catch them?  

There's cases of people sitting in the car or in the movie theater exposing themselves; those cases are the indecent exposure cases; peeing in the dark alley or behind the bush after 3 am are the public urination cases in my opinion.   

The problem for someone charged, even with the "less serious" version is the perception of that charge on your record; it would be both embarrassing and devastating for your future.  Imagine applying for a job or to a graduate school with that offense on your record, how confident do you feel in getting the benefit of the doubt? 

I don't ever want a client to leave a case with this offense on their record.  Even if we're only charged with the urinating in public and not indecent exposure, we need to be aware that the more serious charge could still be a possibility if a prosecutor amends the charge, because the police officer only issues a ticket, the prosecutor can always add or amend charges.  

I would say 99.9 percent of my clients that are charged with urinating in public have been drinking prior to being caught by the police.  The clearest way to think about the offense is "would you have done this at 1 pm during your lunch break on a Tuesday?"  - if the answer is no (and it typically is), then the alcohol is why this happened.  I've never had a client who urinates in public because they think its acceptable and a good way to approach life; they drink a bit too much and they simply don't properly weigh the consequences of their actions.  

They assume (and they would normally be right) that they will get away with it, they really HAVE TO GO and it's worth the risk.  Reflecting back, they of course admit it was not a wise choice, and they wish they HELD IT or found another means to go to the bathroom.  

In reality there are worse things to do when you've had too much to drink. Peeing in public is unacceptable and against the law, but there are means to resolve this type of case without this charge branding you forever.  Assuming my client drank too much, there may be other charges associated with urinating, such as an MIP, fake ID, disorderly conduct etc.  Let's simplify it and assume we are only charged with the UIP.

The best way in my opinion to get at the heart of the issue is to address the alcohol consumption.  If my client made this choice due in part to the alcohol consumption, well they probably drank too much and it impacted the way they would normally behave (back to that lunch time example). 

I may have a client attend an AA meeting or two, write a reflection piece to gain some additional insight into how alcohol can lead to bad choices that then lead to criminal charges.  We might take an alcohol insight and awareness course, see a counselor for a session, and may even jump into a day or two of volunteer work.  We need to take the STINK off the case and show who the client actually is; someone who can reflect upon a poor choice in life, grow and learn from it, and go forward and make better choices.  

When a client goes to court, the only thing the prosecutor and judge knows about the client is their name, age, and what they are charged with; not a favorable pool of information to get the best result; this is the first impression.  I try to create a TRUE impression for my client's - highlight who my client is outside of this incident, and show that additional reflection back on the incident, steps they have taken to address the issue and where they are going in the future with a better mindset.  If we can do that, we can resolve the case, and avoid a long-term stain on one's record.  
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FAKE ID ticket Ann Arbor Lawyer

7/8/2018

 
As a former prosecutor in both New York City and Michigan, I worked on many fraudulent identification cases.  I use that term rather than FAKE ID, because it's a more serious crime than many people want to believe.  Most people think of this offense as trying to enter a bar or buy some beer at the corner store, and the bouncer or store owner takes the ID and tells you to get lost.  If it were that simple, there would be no criminal charges. 

Although 99.9 percent of the FAKE ID cases I handle do involve an underage person "just getting caught", the charge itself does not read the same way on paper.   I say this because the perception of the case far outweighs the reality of the situation.  Prosecutors are pretty reasonable on FAKE ID cases in Michigan if approached in the correct manner, but they also don't understand how the case looks from an outsider.  

If you're charged with this offense, here is what the offense actually says under MCL 28.295 It states, in part, "that no one shall intentionally reproduce, alter, counterfeit, forge, or duplicate an official state identification card or use an official state identification card that has been reproduced, altered, counterfeited, forged or duplicated."  

You do not want a potential employer, grad school or anyone else seeing this on your record.  Forging? Counterfeit? Altering government documents? No no no.  Going to medical school, law school, want to be a CPA, a teacher, a nurse? Would you hire or admit someone into those fields who alters government documents? 

If the crime read "possessed an identification card to enter a bar or buy alcohol, because the defendant is a good student in college, but still can't legally buy it" then OK - taking some liberties there, but the charge doesn't say anything like that, because the FAKE ID for alcohol is only a small portion of this criminal offense.  I don't allow my clients or sometimes their parents to ignore the serious consequences of this charge; it is a lot more than having a "FAKE ID" at the bar.  

As a criminal defense lawyer I take an aggressive and immediate approach to this charge.  This does not mean we aggressively "fight the case", because if you were caught with the ID trying to get the bar then you were caught with it - what's your defense?  There's a misconception when charged with a crime that you should get out your sword and do battle; what if you're really guilty, why would you pull out your sword to be slaughtered? Many lawyers try to sell this approach to clients, but it's foolish, and puts the client in a terrible position with the prosecutor, and potentially the charge.  

There's many paths to take for a case like this, and I have found the path of building consensus and peacemaking to the best approach, especially on a charge where the prosecutor is going to be open to resolution.  If you storm the prosecutor's castle on day one with your sword, those options aren't going to be there.  

The first thing we do is acknowledge the perception of our audience.  If charged with a FAKE ID type case, well you're also going to be "charged" in the prosecutor's mind with underage drinking - officially or unofficially - why else would you have the ID on your person? 

We treat the case in two parts.  We address the alcohol issue, and put items into place to gain further insight and awareness about choices with alcohol.  No, it is not a crime anymore in Michigan to underage drink, but that does not matter to a prosecutor, we need to show we're willing to learn from the incident.  We also need to work on practicing heightened awareness and properly weighing the consequences of our actions, especially when it's so easy to try to get away with something.   Take a step back, reflect and acknowledge the poor choice.  

We may do things like alcohol classes, attend an AA meeting with reflection essay, and a day or two of community service.  Better to put the case on a pedestal and treat it like a serious matter that we need to address rather than blowing it of as if it's not a big deal.  I put my clients through the paces to provide enough currency to resolve these cases with the prosecutor.  

If the client shows "they give a crap" and respect the charge and the incident then a prosecutor and judge will be more open to keeping this serious charge off of their record.  This means more than saying "I'm sorry" or "I will never do this again" - that's a ton of hot and useless air being wasted in court.  Real actions and credibility are all that matters to a prosecutor.  

Take it lightly, and show you haven't learned a single thing then maybe you should be stuck with this on you record; I strongly believe in the opposite - take it serious and learn from it even if it takes more work. ​

Minor in Possession MIP Lawyer

7/8/2018

 
In 2018, a Minor in Possession charge is now a civil infraction.  Prior to this year, this offense was a criminal misdemeanor.  That seems like good news for my clients, and it sounded great to the lawmakers who created the law, but things are NOT playing out in a favorable way for people in Michigan.  Yes, it is a win for someone not to have a criminal record for underage drinking, but there are a ton of collateral consequences, many of these issues, which I am fixing for people who screwed up their own case or received poor advice from other lawyers.

Prior to 2018, if you were charged with an MIP, you would likely plead guilty under a first offender program, do some probation, pay a fine, and your record is clear with no paper trail of the offense.  Your case was non-public and you did not have to report it as a criminal conviction.  Now, people are going into court, pleading responsible to the civil infraction of Minor in Possession, but this is a public record.  Very public, just like a traffic ticket. 

Sure it's not a criminal case, but it comes up and the facts/evidence are not any different.  It's also a crime in most states, and I have had a client plead responsible to the civil infraction in Michigan, but his home state still suspended his license for 12 months, because that state still considered it a criminal offense.   I've had clients get fired from a job because their employer had this on their record, and the employer didn't care if it was a crime or not, it just meant the same to them - breaking the law with alcohol.  

This same logic would certainly apply to a grad school, employer, a scholarship committee etc.  Let's evaluate someone who received an MIP in 2017 vs 2018.  

In 2017, in a reasonable worse case scenario, the person would go on probation on the first offender program, excel, have the case dismissed, and the arrest/charge and plea would all be non-public.  On applications there would be no need to put the offense, and there would be no record of it at the courthouse or on a public database.  This person is safe from their past impacting their future plans.  

In 2018, a Minor in Possession pops up in that same search, and most applications ask for any civil infractions in your past; that means you would need to list it and explain what happened.  Now the person who sees that might say - "isn't an MIP a crime?" Or, it says civil infraction, but do I really want to hire or admit someone who "breaks the law?" - even one incident of underage drinking could send the wrong perception to the person reviewing the record.  

They can easy then FOIA the police report connected to the MIP case, and there could be some embarrassing facts in there as a college kid charged with underage drinking.  There could even be some facts about other crimes that are under first offender programs, or crimes not charged, but the facts could support them.  Common other crimes that go with an MIP might be possessing a fake ID, urinating in public, disorderly conduct, disturbing the peace, public intoxication, open container etc.  

As a former prosecutor, I understand the typical prosecutor mindset of "well he/she already caught a break" or "it's not even a crime".   This can be frustrating to hear, and it's so shortsighted.  

Most prosecutors DO NOT think outside the box and they don't understand or consider collateral consequences.  That's like me saying well there's a gas leak at my house, and they say, well the house isn't on fire, what's the big deal? Sure, in the moment it's a civil infraction, but once that record becomes public it sets off fireworks in all directions for the client., and you can run from it, because it's not eligible for expungement  This is why I have not allowed any of my clients charged with an MIP to walk into the courthouse and plead responsible.  

I approach these cases as if the offense is still a serious criminal offense, and value the fact that my client should not be underage drinking, and we can learn from this.  We over prepare and outwork the others charged wit hthe same offense.  

​To simply ignore what happened will only lead to the client piling up MIP's and getting into more trouble with alcohol in the immediate future, and down the road as they get older.  It's my goal to workout an alternative outcome with the prosecutor that is NOT an MIP.  

This could be accomplished in many ways; we can turn the MIP into a different civil infraction, which won't pop up as an alcohol offense; this would be the optimal result, but not always offered by a prosecutor.  That is why my client's go above and beyond with a proactive approach to push the limits on negotiations, and give me the currency I need to make things happen.   ​

Open Container Lawyer Ann Arbor

7/8/2018

 
As a former prosecutor in both New York City and Michigan, I worked on many open container charges.  In Michigan there is a state law for open containers in a vehicle, but not necessarily outside of a vehicle.  

In Michigan, a person who is an operator or occupant shall not transport or possess alcoholic liquor in a container that is open or uncapped or upon which the seal is broken within the passenger area of a vehicle upon a highway, or within the passenger area of a moving vehicle in any place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, in this state.
A person who violates this section is guilty of a misdemeanor. As part of the sentence, the person may be ordered to perform community service and undergo substance abuse screening and assessment at his or her own expense.

As a former prosecutor, I was not thinking about how this type of offense could impact the person charged, because this type of case can never be expunged because it is under the Michigan Vehicle Code and not the penal code.  It cannot be taken under HYTA or 771.1 so a prosecutor isn't doing someone any favors with this charge.  It's possible to run into a prosecutor who simply says "no deals" then you're in trouble, because a trial on the issue might not be fruitful if the evidence is clear and strong.  So what do you do?

As a criminal defense lawyer, I know that most of my clients are not in a good position when it comes to the evidence against them, so we need to think outside of the box.  Pulling out your sword to fight a strong case is only setting my client up for failure - there needs to be another way.  I work the proactive and moral approach.  What if a prosecutor says no deal? 

First you acknowledge the perception of your audience.  Having an open container in a vehicle is dangerous and can lead to drunk driving, injury, death etc.  As long as the client is not also changed with a DUI, there is some room for turning the facts into a valuable lesson learned situation.  Doubling down on alcohol insight and awareness, jumping into a handful of AA meetings, maybe taking a safe driving course - anything to further ingrain positive life choices, especially when it comes to alcohol and where alcohol is consumed, transported and possessed.  

We need to show the prosecutor that we understand what happened is not acceptable, and take control of the situation and take action on our own.  We stand a better chance convincing a prosecutor to weigh the pros and cons of a criminal conviction for the rest of my client's life in our favor if we have this currency to play.  It's also not bullshit; walking into the prosecutor's office and saying "my client can't have a record" is a load of crap and worthless - it might work with some prosecutors, but not the prosecutor who says NO DEAL.  You need to come to court already two steps ahead of that prosecutor and blow them away.  Better to work to change perceptions before going to court than asking a prosecutor to buy into your case the day of court with nothing to back it.

My goal for a client charged with the State of Michigan open container offense is to reduce the case to a civil infraction or the very least a different charge outside of the Michigan Vehicle Code that can be dismissed under a first offender type program.

Along with the State of Michigan open container in a vehicle charge, many cities, villages, townships and municipalities have this type of charge for an open container on a public street.  While this does not involve a vehicle, it may be more serious for someone under 21 - even if the client is over 21, this is a criminal charge, which would give my client a criminal record.  It would be our goal to take the same approach as above and put a number of proactive steps into place before going to court to work toward a resolution where the charge does not end up on my client's record.  

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Representing clients in Ann Arbor, Canton, Brighton, Howell, Saline, Adrian, Taylor, Plymouth, Northville, Westland, Ypsilanti, Pittsfield Township, Warren, Sterling Heights, Farmington, Pontiac, Romulus, Lansing, Novi, South Lyon, Southfield, Birmingham, Bloomfield Hills, Royal Oak, Troy, Rochester, Jackson, East Lansing, Garden City, Livonia, Dearborn, Detroit, St Clair Shores, Hazel Park, Ferndale, Madison Heights, Waterford, Milford, Shelby Township Clarkston, Oak Park, Berkley, Fraser, Sterling Heights, Clinton Township and others throughout Washtenaw, Wayne, Monroe, Jackson, Saginaw, Macomb, Ingham, Lenawee, Charlevoix, Ottawa, Clinton, Eaton, Kent, Crawford, Allegan, Emmet, Barry, Kalkaska, Berrien, St. Clair, Livingston, Oakland County & Northern Michigan 

Representing clients faced with DUI/drunk driving, retail fraud/shoplifting, drug charges, MDOP, domestic violence, reckless driving, disorderly conduct, careless driving, leaving the scene of an accident, fake ID, open container, UIP, early termination probation  and other misdemeanor and felony charges. 

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Michigan Defense Attorney Jonathan Paul - Former New York & Michigan Prosecutor