As a former prosecutor and current Michigan criminal defense attorney, I come across some of the most bizarre stories involving bars and nightclubs. One of the most common scenarios is someone gets kicked out of a bar without any legal trouble, but they don't know when to walk away or shut their mouth. The person will continue to harass the bouncers at the bar and refuse to leave the area.
Eventually the police will be called to the scene, and the person will get more and more agitated (mostly due to the alcohol in their system). The person may be making threats to other people or being a complete public nuisance. For the most part the police understand this situation, and will do their best to keep the situation civil without further legal issues; they just want the person to go away. Once the person refuses to listen, the police will accelerate their efforts, and have no other option but to arrest this person. Initially this arrest could lead to no charges, a civil infraction or at worst a misdemeanor, which would probably be reduced in court. The problem comes when this person reacts to being placed under arrest, and does anything from attempting to flee, refusing to be handcuffed, punching or kicking the police officer and an assortment of other reactions.
In Michigan, Resisting Arrest is defined as "an individual who assaults, batters, wounds, resists, obstructs, opposes or endangers a person who the individual knows or has reason to know is performing his or her duties". Resisting arrest in Michigan is a felony that carries a penalty of two years in prison. If during the incident the police officer is injured and requires immediate medical attention, the offense becomes a four year felony. This "injury" can be as small as a band-aid for the police officer; I have seen this hundreds of times. I've also seen cases where the person goes another step and damages the police vehicle by kicking out windows, which will add additional charges and an expensive restitution bill.
So next time you're out at a bar or nightclub in Michigan and you're asked to leave, don't turn it into the next American injustice, because the police will arrive, and you'll make a drunk decision, which could land you a four-year felony. Just go get that slice of pizza or go drink somewhere else.
Eventually the police will be called to the scene, and the person will get more and more agitated (mostly due to the alcohol in their system). The person may be making threats to other people or being a complete public nuisance. For the most part the police understand this situation, and will do their best to keep the situation civil without further legal issues; they just want the person to go away. Once the person refuses to listen, the police will accelerate their efforts, and have no other option but to arrest this person. Initially this arrest could lead to no charges, a civil infraction or at worst a misdemeanor, which would probably be reduced in court. The problem comes when this person reacts to being placed under arrest, and does anything from attempting to flee, refusing to be handcuffed, punching or kicking the police officer and an assortment of other reactions.
In Michigan, Resisting Arrest is defined as "an individual who assaults, batters, wounds, resists, obstructs, opposes or endangers a person who the individual knows or has reason to know is performing his or her duties". Resisting arrest in Michigan is a felony that carries a penalty of two years in prison. If during the incident the police officer is injured and requires immediate medical attention, the offense becomes a four year felony. This "injury" can be as small as a band-aid for the police officer; I have seen this hundreds of times. I've also seen cases where the person goes another step and damages the police vehicle by kicking out windows, which will add additional charges and an expensive restitution bill.
So next time you're out at a bar or nightclub in Michigan and you're asked to leave, don't turn it into the next American injustice, because the police will arrive, and you'll make a drunk decision, which could land you a four-year felony. Just go get that slice of pizza or go drink somewhere else.
