Former Michigan Prosecutor | Jonathan Andrew Paul
  • Crimes
    • Domestic Violence
    • Retail Fraud
    • Drug Offenses
    • Assaultive
    • College/Tailgate Offenses >
      • Minor in Possession
      • Ann Arbor MIP
      • Ann Arbor Fake ID
      • Ann Arbor UIP
      • Ann Arbor Open Container
    • Resisting Arrest
    • Handling a Traffic Ticket
    • Careless/Reckless Driving
    • Early Discharge Probation
    • Larceny
    • Malicious Destruction of Property
    • Embezzlement
    • Juvenile Charges
  • Drunk Driving
    • Evidence >
      • Chemical Tests >
        • Implied Consent Law
        • Independent Chemical Test
        • Single Car Accident | DUI Defense
        • Effects of Body Temperature
        • Cross-Examining the DataMaster
        • Blood Testing 101
        • Impact of Methyl Alcohol/Paraldehyde
        • Radio Frequency Issues w/DataMaster
      • Right to Counsel
      • Preliminary Breath Test (PBT)
      • Field Sobriety Tests
      • Police Traffic Stop >
        • Sleeping in Car Defense
        • Cross-Examination - The Not Driving Defense
      • Police Statements
    • DUI Consequences >
      • Ignition Interlock
      • Restitution
      • Vehicle Immobilization
      • Travel Restrictions
      • Child Custody
      • Employment/Education
      • Traveling to Canada?
      • Vehicle Forfeiture
      • Civil Liability
      • Commercial Driver's License
    • DUI Trial Guide >
      • Jury Selection
      • Opening Statement
      • Cross-Examination
      • Closing Argument
      • Jury vs Bench Trial
    • Setting Bond >
      • Alcohol/Drug Testing Part #1
      • Alcohol/Drug Testing Part #2
      • Posting Bond
    • DUI Offenses >
      • Operating While Intoxicated
      • Operating While Visibly Impaired
      • Super Drunk/High BAC
      • Operating Presence of Controlled Substance
      • Child Endangerment
      • Felony Drunk Driving
      • DUI Under 21 Years Old
      • DUI Causing Injury/Death
    • Sobriety Court
    • DUI Pardons
  • Courts
    • Oakland County >
      • Novi >
        • Proactive Criminal Defense at the 52-1 District Court
      • Troy
      • Southfield
      • Royal Oak/Berkley
      • Rochester Hills
      • Farmington Hills
      • Bloomfield Hills/Birmingham
      • Waterford
      • Clarkston
      • Oak Park
      • Pontiac
      • Ferndale/Hazel Park/Madison Heights
    • Wayne County >
      • More Courts >
        • Allen Park
        • Dearborn Heights
        • Detroit
        • Ecorse
        • Hamtramck
        • Harper Woods
        • Highland
        • Lincoln Park
        • Redford
        • Southgate
        • Taylor
        • Woodhaven
        • Wyandotte
      • Plymouth >
        • Proactive Criminal Defense at the 35th District Court
      • Northville
      • Canton
      • Romulus
      • Livonia
      • Dearborn
      • Grosse Pointe
      • Westland
    • Macomb County >
      • Center Line
      • Clinton Township
      • Eastpointe
      • Fraser
      • New Baltimore
      • Romeo
      • Roseville
      • Shelby Township
      • Sterling Heights
      • St. Clair Shores
      • Warren
    • Washtenaw County >
      • Proactive Washtenaw County Criminal Defense
      • Ann Arbor
      • Chelsea
      • Pittsfield Township
      • Saline
      • Ypsilanti 14-A
      • Ypsilanti 14-B
    • Jackson County
    • Lenawee County
    • Livingston County
    • Monroe County
    • East Lansing
  • Hiring a Super Lawyer
  • Our Team
  • Expungement
  • 5-Star DUI Defense
  • Legal Guides
    • FAQ
    • DUI Expungement
    • Blog
    • Arrested in Michigan? NOW WHAT!
    • Being Investigated?
    • 18 Key Questions for DUI's
    • Michigan License Restoration
  • Proactive Defense
  • Client Reviews
  • Inside the Prosecutor Mind
    • Drunk Driving >
      • OWI First Offense
      • OWI Second Offense
      • OWI Third Offense
      • Field Sobriety Tests
      • Chemical Tests
      • Implied Consent
      • Hardship License
      • Sobriety Court
    • Expungement
    • Assault/DV Charges >
      • Domestic Violence
      • Misdemeanor Assault
      • Felonious Assault
    • Theft Offenses >
      • Retail Fraud
      • Embezzlement
      • Larceny
    • College Offenses >
      • Open Container
      • Minor in Possession (MIP)
      • Urinating in Public
      • Fake ID
    • Drug Charges >
      • Possession of Marijuana
      • Felony Drug Possession
    • Driving - Traffic >
      • Reckless Careless Driving
      • Driving While License Suspended
      • Leaving Scene of Accident
    • Disorderly Conduct
    • Probation Violation
    • Resisting Arrest
    • Malicious Destruction of Property
    • Travel Requests
    • Bond Violations
  • Contact Me
  • Leaders & Best Hockey

Disorderly conduct charges in Michigan - what the prosecutor thinks about your case, and how to win in the end

5/19/2018

 
As a former Michigan and New York City prosecutor, I worked on hundreds of disorderly conduct cases.  In the grand scheme of things this type of charge was on the very bottom of criminal charges, but it is still a crime, and should be taken very seriously.  When the question of "do you have a criminal record" is asked, the answer is YES just like it would be for more serious offenses.  

Disorderly conduct was a bit of a catch-all charge for criminal activity that did not fit into another category.  It was also a type of charge that might be offered as a plea reduction down from a more serious charge.  One common reduction would be a retail fraud charge, which is then converted into the amended charge of disorderly conduct - this would avoid the "crime of theft, fraud and dishonesty" 

In Michigan the term “disorderly person” covers a broad range of undesirable behavior, including:
  • being able-bodied but failing to support your family
  • being a prostitute or “loitering” (hanging out) in places of prostitution
  • being a “Peeping Tom”
  • engaging in an illegal business or profession (such as illegal gambling)
  • loitering in places where illegal business is transacted
  • being intoxicated in public and disturbing others or endangering people or property
  • engaging in indecent or obscene conduct in public (such as nudity or sexual acts)
  • being a vagrant
  • loitering at police stations, jails, hospitals, or courthouses, soliciting work as an attorney or bail bond, and
  • unnecessarily jostling or crowding others in public places.

I would say 95 percent of the disorderly conduct charges that a prosecutor works with is the final charge - the jostling or crowding others in a public place, because this is a common reduction charge - you would not reduce retail fraud to a "peeing tom" disorderly conduct.

​Being a disorderly person is punishable by up to 90 days in jail, a fine of up to $500, or both. Funeral picketing is a felony, punishable by up to two years in prison, a fine of up to $5,000, or both. Subsequent convictions are punishable by up to four years in prison or a fine of up to $10,000, or both.

​As a defense lawyer it's rare to see a lone disorderly orderly conduct charge; it typically comes along with other charges, usually alcohol offenses.  The above definition and categories are State of Michigan offenses, but this is a common charge on the city, township, village and municipal level.  

Disorderly conduct is a very valuable tool as a criminal lawyer, because it is the best type of reduction for a client from a more serious misdemeanor.  And because it is a 90 day misdemeanor vs a one year or 93 day misdemeanor, it avoids many of the issues with the more serious offenses. I have had clients resolve their cases with a 90-day misdemeanor, and it does not show up on a background check.  I have had prosecutors tell me the same, because fingerprints are not required for 90 day offenses, which helps prevent tracking/paper trail.  

As a criminal defense lawyer, I have petitioned courts to get fingerprints back along with arrest cards if my client was first prosecuted for a more serious offense then it is reduced to disorderly conduct.  

It is quite the challenge to convince a prosecutor to take a more serious charge and reduce it down to disorderly conduct because of the "less serious offense" issue - to think it may not come up in a background check discourages many prosecutors from offering.  It's a bit of a holy grail outcome for many serious cases.  

I have even had DUI offenses in Michigan reduced down to disorderly conduct.  It's not a common outcome, but my clients have earned that exceptional outcome by being proactive, and changing the perception of their case.  If we can change the hearts and minds of the prosecutor and judge, anything is possible when charged with a crime.  

Comments are closed.
    top criminal lawyer michigan, metro detroit, northville, plymouth attorney
    Jonathan Andrew PaulReviewsout of 164 reviews

    Call Me Today
    248-924-9458
    ​
    Email Me

    Picture
    Picture
    Picture
    Picture
    Picture
    Picture
    Picture
    Picture

    Search the Blog

    Blog Posts

    - The Michigan Retrograde Extrapolation Guide

    - Selecting an Ann Arbor Criminal Defense Lawyer

    - Selecting an Oakland County Criminal Defense Lawyer

    - Drunk Driving Consults

    - The One Question Your Michigan Criminal Defense Lawyer Should not be Able to Answer

    - Are the police allowed to follow me home from a bar?

    - Is it illegal to smoke weed and drive a car in Michigan? What's the legal limit for pot?

    - Michigan Police Confessions 101

    - Michigan 7411 Drug Crimes

    - FAQ: Shoplifting in Michigan

    - Michigan HYTA Eligibility

    - Can I be on probation while    away at college?

    - What is a Deferred Judgment of Guilt?

    - Michigan CDL Alcohol Penalties 

    - Ann Arbor Arrested for Fake ID, Urinating in Public, Minor in Possession, Open Container

    - Should I Admit to Drinking Alcohol?

    - Arrested for Minor in Possession in Ann Arbor?

    - Michigan DUI Probation Violation Hearings

    - How To: Claiming Self Defense at Trial 

    - Michigan Sex Offender FAQ

    - Should I use the Public Defender?

    - Washtenaw County Felony OWI Options

    - Handling a Michigan traffic ticket

    - How to beat a Careless Driving Charge

    - Hiring a Wayne County Criminal Defense Lawyer

    - Michigan DUI Concealed Weapon Permit

    - What's a Michigan Preliminary Examination?

    Neighbor Disputes

    - Can I Remove my GPS Tether?

    - Vehicle forfeitures 
     - Will I lose my license for a drug charge?

    - Michigan Driver's Responsibility Fees

    - Falsely Accused on Domestic Violence
    - 48th District Court Prosecutors 
    - Am I eligible for expungement with two convictions?
Representing clients in Ann Arbor, Canton, Brighton, Howell, Saline, Adrian, Taylor, Plymouth, Northville, Westland, Ypsilanti, Pittsfield Towsnhip, 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,  Macomb, Ingham, Lenawee, Livingston, Oakland County & Northern Michigan 

Representing clients faced with DUI/drunk driving, retail fraud, possession of marijuana, domestic violence, MIP/in possession and other misdemeanor and felony charges. 
Picture

Evening & Weekend Service Available Call Me: 248-924-9458

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