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Winning in Washtenaw County 
"Tailgate" Offenses

Judge’s Take:  I define “youth offenses” as MIP’s, Fake ID, Urinating in Public, Disorderly Conduct and Noise violations.  I see most of these cases at the 15th District Court in Ann Arbor, and the cases are handled by Judge Valvo and Judge Hines.  
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These crimes usually involve alcohol consumption and fall under the umbrella of “youth offenses”.  The judges in Washtenaw County don’t view you as a criminal because you peed in public or had a fake ID with you, but they need to act upon these crimes in a way, which a clear message is sent to the person charged.  These are all misdemeanors, and if you plead guilty or are found guilty of these offenses, you will have a criminal record.

There is no better way to kill your career and goals in life than having an MIP on your record.  A lot of people overlook how bad a Urinating in Public (UIP) and fake ID charge look on a record.  Employers are going to assume the UIP is some sort of public indecency/sex offense, and the fake ID is possession altered or fraudulent documents; there is no where that indicates you were trying to buy beer at a bar with an ID; the overtone is fraud and deception.  These two offenses are probably worse than an MIP in a background check; it is all about perception.  

When a Washtenaw County judge handles one of these types of cases, it’s not so much the actual offense, it’s a pattern and predicting the future for the client.  These are gateway offenses to worse offenses, and if the client is committing these offenses at such a young age, it could mean this person is out of control.  Judges want to save young offenders, any may resort to jail, two years of probation, daily alcohol and drug testing, and maybe putting a misdemeanor on your record will send a wake-up call.  This is why all of my clients charged with these types of offenses go on my proactive plan from day one.

Prosecutor’s Take: The majority of these types of cases are handled by the City of Ann Arbor, and not the Washtenaw County Prosecutor’s office, and that is a good thing.  The prosecutor, like the judges are not looking to ruin someone’s life over an isolated incident, but it needs to be just that; an isolated incident, which needs to stop.

A young offender has a lot of potential to cause more trouble down the road; it’s quite common that a prosecutor gets to know the names of certain young offenders who simply keep getting into trouble.  How is a prosecutor able to determine the isolated incidents, and the offenses, which are about the create pattern of bad behavior.  A prosecutor may decide to take a tough stance on day one in order to send a message, and avoid further problems with this person; go light early, and the offender may keep trying to game the system.  

Because the prosecutor doesn’t know anything about the client other than the charge, my client and I get to work early on my proactive program.  After reviewing my client’s accomplishments and comparing them with other offenders, it becomes quite clear that my client is different, and is likely to be the offender who will not return to court with more trouble in the future.  Prosecutors like a judge are looking to make sure the right message is sent, and balance is found in the outcome.  If my client can come to court already having completed a number of proactive measures, those actions speak louder than any possible words.

Being Proactive: When I work with a young person on their case, even a first offender lacks experience and a track record.  It’s like submitting a resume for a job; this person is not a known quantity, and it’s too unpredictable to give the benefit of the doubt.  If a 20 year old has never been in trouble before, that means very little to a judge and prosecutor; they simply lacked the opportunity to get in trouble.  

Compare this with a 45 year old showing up in court with no criminal record; that’s like having 25 years more work experience than the 20 year old; the 45 year old has earned the respect of the prosecutor and the court, and is given the benefit of the doubt.  It’s a lot easier to say the 45 year old’s incident isolated than the 20 year old.

Because of this perception, my client and I need to fill in the blanks on the resume.  We can’t make them older, but we can add multiple actions to show who the client is, and what they are likely to do in the future.  Being proactive takes away some of that unpredictability; like my example of starting the marathon on your own if the organizers aren’t sure you’ll even show up.  

The most important thing to address is alcohol use.  Showing that the client understands that underage drinking is against the law, and although not the crime of the century, they understand that they found themselves in court, because of it.  MIP cases are sometimes viewed as DUI cases that ended early; the underage client could have easily jumped in a car or ended up hurting themselves or someone else, because of the alcohol use.  

We address the elephant in the room and engage in alcohol education, along with an impact component with attending a few AA meetings.  My clients also perform proactive community service to show that they are a positive influence in the community, and not someone who is going to be a negative influence going forward.  It’s all about actions, and showing how you have reacted since the offense occurred.  If you sit back, and do nothing, what does the prosecutor and judge know about you other than the offense?

If you come to court showing you’ve attended alcohol classes, went to an AA meeting, and completed 20 hours of community service, doesn’t it make sense that the judge and prosecutor will focus on those actions, and less on the criminal charge? Some clients are concerned that doing these things before going to court make them look guilty, well I have new for you, you are likely very guilty, and that’s ok.  Just because you broke the law, it doesn’t mean you have to be punished for it.  If you’re willing to voluntarily acknowledge your bad judgment, a judge and prosecutor are happy to put you in the “willing to learn from it, second change ” column rather than an adversarial punishment outlook.

If you’ve been charged with one of these offenses in Washtenaw County, and you’re willing to be proactive from day one, there is a good chance that we can work with the judge and prosecutor on having your case resolved in a manner which does not leave you with a criminal record.

Urinating in Public 101

Disorderly Conduct/Public Drunk 101

Fake ID 101

Minor in Possession 101

Open Container 101

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Jonathan Paul

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15th District Court - Ann Arbor
301 E. Huron Street 
Ann Arbor, MI 48104
Phone Number: 734-794-6759

14A-1 District Court
4133 Washtenaw Ave.
Ann Arbor, MI 48108
(734) 973-4545

14A-2 District Court
415 W. Michigan Ave.
Ypsilanti, MI 48197
(734) 484-6690

14A-3 District Court
122 S. Main St.
Chelsea, MI 48118 
(734) 475-8606

14A-4 District Court 
1000 N. Maple Rd.
Saline, MI 48176
(734) 429-2504

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