Articles Posted in Criminal Record History

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Royal Oak is a great place to live, work or visit. The City of Royal Oak is centrally located in Oakland County with a wide range of restaurants, bars and boutiques. Royal Oak gets its share of visitors from just about everywhere including from out of state and Canada. Royal has a vibrant downtown which offers a wide range of things to do. Here are some resources of the attractions and things to do in Royal Oak:

The bars are clubs in Royal Oak are some of the best in Metro Detroit. Getting in trouble after you leave the bars is always unfortunate and can ruin an otherwise good time. If you manage to get into trouble in the City of Royal Oak for a drunk driving, disorderly conduct,  misdemeanor or felony,  you can expect to be required to appear for court proceedings at the 44th District Court. Court proceedings may be scheduled for a remote (ZOOM) or in-person appearance.

The 44th District Court Covers Criminal Docket for the Cities of Royal Oak and Berkley

The 44th District Court is located at 400 E 11 Mile Road, Royal Oak, MI 48067, Phone: 248-246-3600

Speaking from experience, consider yourself lucky if you get into trouble in Royal Oak and not some other district. The Judges in Royal Oak are the most pleasant and amongst the fairest Judges that you will find anywhere in Michigan.  There are two (2) Judges that preside over cases at the 44th District Court. Based upon our experience handling criminal cases in the 44th District Court, the Judges are some the best in Michigan and they will bend over backwards to give a person a break when one is deserved. Depending on the circumstances our office may proactively recommend specific programs (substance abuse, anger management, impulse control) if we believe that it will help our clients avoid future problems and when proactive measures can be used in the court system.

The 44th District Court has jurisdiction over misdemeanors and felonies. A misdemeanor is defined as a crime punishable by 1 year or less in jail. A felony is a crime that is punishable by more than 1 year, up to life in prison. Trial proceedings for felony matters are handled in the circuit court. According to the United States Justice Department, over 90% of all criminal cases are resolved without trial. Based upon this statistic and what we see occurring everyday in the court system, there is a very good chance that your case will be resolved without a trial.

Links to the 44th District Court:

You may also pay traffic tickets on-line without a court appearance. We recommend that your fight every traffic ticket as a wise investment in your record and to keep your insurance costs under control.

Court Process for Misdemeanors in the 44th District Court

1. Arraignment: The arraignment is the first time that you will appear before a Judge or Magistrate regarding your case. The following will occur at your arraignment:  
  • The court will advise you of your charges.
  • You will be required to enter a plea (we ALWAYS plead not guilty or stand mute).
  • The court will establish bond conditions such as alcohol testing.
  • Your next court date will be scheduled.
Certain courts will allow the arraignment to be waived or handle the arraignment on the same date as the pretrial conference which is much more logical and convenient.
 
2.  Alcohol and Drug Testing: If alcohol and/or drug testing is imposed, you will be instructed by the court when and where to test. By following these instructions, you will avoid a bond violation hearing for non-compliance. Here is a list of the various methods to test for alcohol and drugs:
  • EtG (urine) test: EtG is used to detect recent alcohol consumption in a urine sample. The test can confirm that there has been alcohol in the body up to five days after consumption.
  • Random Alcohol Testing: A device called a breathalyzer is used to measure blood alcohol content (BAC) from a sample of air exhaled from a person’s lungs. You may be asked to provide random breath test samples at a designated location on a breathalyzer instrument.
  • SCRAM Monitor:  SCRAM Continuous Alcohol Monitoring ankle bracelet provides continuous transdermal alcohol testing for by automatically sampling the wearer’s perspiration every 30 minutes. Some clients prefer SCRAM Monitoring over other methods of testing while others claim that it is embarrassing and uncomfortable. 
  • SoberLInk: This is the handheld breathalyzer that fits in a pocket or purse and requires breath samples at various intervals during the day. It uses facial recognition and the information is downloaded to the provider. 
3. Pretrial conference: The pretrial conference is scheduled after the arraignment. This is the proceeding where our attorneys will speak with the prosecutor to discuss various issues in a criminal case or work out a plea bargain. Pretrial proceedings may be conducted on an in-person basis or via zoom remote hearing. 
 
4. Probation presentence interview:  In the discretion of the Judge, you may be required to appear for an appointment with one of the court’s probation officers following the pretrial conference.  The probation officer will conduct an interview and prepare a report with recommendations for the Judge to consider at the time of sentencing. You should dress neatly, be cooperative, and stick to answering the questions that are asked regarding your circumstances in life and use of alcohol and control substances. Bring clean copies of any matters that you want the probation officer to consider on your behalf (counseling, AA sign-in sheets, letters of recommendation). 
 
5. Sentencing: Sentencing occurs on a date after you complete a probation interview i. We will have an opportunity to review the probation officer’s report before the actual sentencing before the judge. The following is a list of potential terms of your sentence: 
  • Court fines and costs approximately $1,000 – $1,500.
  • Probation for a period of not to exceed two (2) years (probation is not likely to be scheduled for more than one (1) year unless there are aggravating factors).
  • Continuation of testing for alcohol
  • Possible: Attendance of a substance abuse program, Impact Panel, Alcohol Awareness Class.
  • Possible: Community service.
  • Probation may be non–reporting or reporting (reporting probation is not a big deal and only means that you have to report to the probation officer once per month).
  • You may file for early termination of probation after you have served 50% of the total term of probation without any major violations. 
  • If you intend to travel out of state while you are in the court system (on bond or during a period of probation) you will need to file a request to travel with the court . The Court may require you to continue testing while you are traveling.
  • Oakland County WWAM community service.
  • Restitution for any damages or injuries.
  • Municipal response (police) costs.

Disorderly conduct is a criminal offense which is classified as a misdemeanor. It is also one of the most common crimes that we frequently see on the 44th District Court dockets along with drunk driving and domestic violence. 

What is Considered Disorderly Conduct in Royal Oak?

Legally speaking, the City of Royal Oak defines Disorderly Conduct as follows:  § 278-35. Disorderly conduct

A person commits the offense of disorderly conduct if he or she:
A. Engages in fighting or in violent, tumultuous or threatening behavior;
B. Makes unreasonable noise which tends to cause a public danger, alarm, disorder or nuisance;
C. Uses threatening, abusive or obscene language or makes an obscene gesture, which by their very use inflict injury or tend to incite a breach of the peace;
D. Without lawful authority, disturbs any lawful assembly or meeting of persons;
E. Obstructs vehicular or pedestrian traffic;
F. Possesses or consumes alcoholic liquor in any public park, public place of amusement, or area under the jurisdiction of the City of Royal Oak that is owned and/or administered by the City of Royal Oak;
G. Urinates in a public place, except at public toilets.
H. Engages in an illegal occupation or business;
I. Loiters in a house of ill fame or prostitution or place where prostitution or lewdness is practiced, encouraged, or allowed;
J. Knowingly loiters in or about a place where an illegal occupation or business is being conducted;
K. Is found jostling or roughly crowding people unnecessarily in a public place;
L. Commits the offense of failure as a disorderly person to disperse if he or she participates with two more other persons in a course of disorderly conduct likely to cause substantial harm or serious inconvenience, annoyance or alarm, and intentionally refuses or fails to disperse when ordered to do so by a peace officer or other public servant engaged in executing or enforcing the law;
M. Permits or suffers any place occupied or controlled by him or her to be a resort of noisy, boisterous, or disorderly persons.
N. A person commits the offense of public intoxication if he or she appears in a public place under the influence of alcohol, a controlled substance, other drugs or combination thereof and he or she is either endangering directly the safety of another person or of property, or is acting in a manner that causes a public disturbance.
O. Commits the offense of window peeping.

Examples of Disorderly Conduct, Public Intoxication Cases, Peeing in Public

Practically speaking, the disorderly conduct state statute and local city ordinances cover a wide range of behavior that many might not realize amounts to criminal activity. There are a several scenarios that can result in being charged with disorderly conduct (a/k/a drunken disorderly or public intoxication). Here is just of sample of cases that we have seen:

  • Getting forcibly removed from a bar, only to find the police outside, who witness the scene and issue a disorderly citation.
  • Creating a disturbance of any kind, or fighting, after consumption of alcohol.
  • Entering the wrong house in a neighborhood after consuming alcohol (this happens more often than you would think).
  • Laying down on the sidewalk intoxicated or vomiting in a public place.
  • Having sex in public (which can also lead to more serious sex crimes such as indecent exposure or gross indecency).
  • Peeing in public.

Disturbing the peace is another prevalent  misdemeanor crime that occurs in situations where a person is overly boisterous in public place. Disturbing the peace is a 1931 law which is found at MCL 750.170 and states as follows:

Disturbance of lawful meetings—Any person who shall make or excite any disturbance or contention in any tavern, store or grocery, manufacturing establishment or any other business place or in any street, lane, alley, highway, public building, grounds or park, or at any election or other public meeting where citizens are peaceably and lawfully assembled, shall be guilty of a misdemeanor.

Felony Charges possible if conduct gets out of hand 

The very nature of disorderly conduct, in our opinion, is that it is a fallback charge when conduct does not rise to the level of a more serious crime. Word to the wise, if being questioned by police, be be polite and orderly. Lashing out towards law enforcement can turn a 90 day disorderly conduct misdemeanor charge into a felony such as  resisting and obstructing which can carry 2 years in prison. Likewise, driving off or running from the police is always a bad idea because once apprehended, the offender can be charged with fleeing and eluding, a felony with various penalties. It is also important to know that you are never required to make a statement or talk to the police if you are questioned. You have a constitutional right to remain silent.

Hot Spots for Disorderly Conduct: Royal Oak, Ferndale, St. Clair Shores, Utica, Detroit

Mostly, we see disorderly conduct, or alcohol related cases (urinating in public, indecent exposure), arising in areas where there is a concentration of bars and people are assembled on the streets for various reasons. There is no limitation to where a disorderly conduct offense can occur. Nonetheless, the vast majority of cases occur in areas which offer a popular bar/nightclub scene like Royal Oak, Detroit, St. Clair Shores (Nautical Mile), downtown Utica, and downtown Ferndale.  Detroit sports venues and sports bars are also places where the police are watching and charging exuberant fans with disorderly conduct.  While disorderly conduct cases are always one of the most prevalent on every district court docket, I would say that we see more of them occur on the Wednesday before Thanksgiving (one of the biggest ‘bar nights’) and Tigers opening day, than at any other time.

HYTA or Delayed Sentence Statute Utilized to Get a CASE DISMISSED!

Most of the people we see charged with this offense are young adults at a crucial stage in life working towards a college degree or advancing in a career.  If you are charged with Disorderly Conduct, do not make the fatal mistake of pleading guilty without first knowing all of your options. Contacting an experienced criminal defense lawyer should be your first priority. You may be eligible for HYTA if you are age 18 but before age 26. HYTA allows a youthful offender to have a criminal case sealed and expunged at the end of a period of probation. There are other provisions of law that can be utilized to get a case dismissed such as a delayed sentence or diversion.

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Actual Image of Michigan Application to Set Aside/Expunge Conviction (MC227)

There are several reasons that you might need to know how to obtain your criminal record. You might need to obtain your criminal record to accurately fill out an application for employment or college. An attorney may want to do a background check if you are under a criminal investigation or being charged with a criminal matter. In addition, upon filing an expungement, an attorney is required to request the criminal history of the applicant.

How to order a copy of your criminal record

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What does it mean to provide cooperation, snitch or be an informant for the police?

Cooperation, using the little fish to get the big fish, is a major law enforcement tactic utilized everywhere and every day in the United States to gain information that would otherwise be next to impossible to obtain. This practice is also used extensively in the County of Macomb as a means to frustrate illegal drug activity. An offer to cooperate can arise during a criminal investigation or following an arrest or at any stage of a criminal case.

The concept of “cooperation” with the police (also called “snitching” or “acting as an informant”) occurs when the police utilize an individual to obtain information that would otherwise be difficult to discover.  Those asked to provide cooperation are usually in trouble with the law (busted for a drug crime) and are promised consideration in the legal system in return for providing assistance. Assistance is expected to be substantial and typically involves undercover work with narcotics agents or special units. The informant is rarely advised of his or her rights and other options. The informant may later be required to testify as a witness in subsequent court proceedings unless given protection as a confidential informant (CI).

The use of informants by the government has existed for more than a 1,000 years and remains widely used today by the government and the police to:

  • Make other busts, raids, seizures,
  • Support an arrest or search warrant
  • Bolster connections to infiltrate criminal enterprise(s),
  • Flush out targets or bigger fish, and,
  • Make progress in an investigation that is stuck in the mud.

Getting into Something that is Over Your Head

As we explain in this publication, cooperation or snitching, is a tool used by law enforcement officers to combat criminal activity and is most often associated with drug crimes.  Cooperation with the police is seldom ever considered because drug crimes, especially for first offenders, can be resolved with excellent results in most cases without working with the police. In addition, you need the advice of an attorney to explain your legal rights and all of the possible risks associated with cooperation, including the following:

  • Your safety is not assured
  • Your assistance may be declared insufficient by the police
  • Criminal charges may still be pursued against you
  • Cooperation ends when the police say it ends
  • Cooperation may require engaging in bigger drug deals than justified under the circumstances to get a deal in the legal system

Cooperation (snitching) is usually arranged while the accused person is caught red handed while engaged in illegal activity or in police custody for a criminal offense. Unfortunately, the police may use these scenarios as opportunities to take advantage of the situation by threatening prosecution or by persuading the party with incentives to cooperate that include: immediate release from jail and consideration to get all criminal charges dropped. Upon being released from jail, the unwary person will be instructed to contact an undercover officer for further instructions and discouraged from contacting a criminal defense lawyer. An individual that immediately chooses this route is placing his or her trust with the same law enforcement officers that will be testifying for the prosecution should criminal charges later be pursued.

What the Police Won’t Tell You about Cooperation Can Hurt You

The police are not required to give legal advice or explain every other possible option when attempting to engage an individual to become an informant.  The police will not tell you that your case can be worked out without cooperation or that an attorney can fight the case if it is based upon an illegal search. Here are just a few other legal rights that you forego when you agree to cooperate with the police:

In addition to the above, the police won’t tell you that most drug crimes are manageable in the court system with the services of a criminal defense lawyer. Scare tactics are not uncommon as a means to harvest an informant who is lead to believe that there is no hope in the legal system without providing cooperation.  In fact, the majority of offenders are not looking at jail, may be eligible to get a felony reduced to a misdemeanor and have other excellent options to get the charge(s) dismissed pursuant to MCL 333.7411 or HYTA without providing any cooperation whatsoever to the police!

Cooperation in the Federal Court System

Federal criminal prosecutions are handled in a much more formal manner. In the Federal court system, the issue of cooperation is much different than what we see at the state court level. In the Federal system, special formalities and agreements exist. They involve both the District Attorney and at least one law enforcement agency; usually the Federal Bureau of Investigation (FBI) or the Drug Enforcement Agency (DEA). In the Federal arena, cooperation is prevalent and can be a factor to avoid a mandatory minimum sentence. The following language is contained within a Federal Plea and Cooperation Agreement:

“If the defendant commits any crimes or if any of the defendant’s statements or testimony prove to be knowingly false, misleading, or materially incomplete, or if the defendant otherwise violates this Plea and Cooperation Agreement in any way, the government will no longer be bound by its representations to the defendant concerning the limits on criminal prosecution and sentencing as set forth herein.”

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JUSTICE.gifAbdo Law Firm prides itself on empathy, understanding, personal service, and striving for the optimal resolution of all legal matters that we take on. We are entering our fourth year with Matthew as a partner, and are continuing to grow. We always looking to hone our skills and engage challenging issues. This year we have had hundreds of satisfied clients, each case is very important to our Firm. The ‘Notable Cases” series is intended to share with readers cases that had complex legal and factual questions. ‘Winning’ in law is not always black-and-white concept. In some cases, a win is helping a guilty client reach a best-case-scenario disposition of their case (reductions, keeping charges off their record, and reducing jail/minimizing probationary terms). In other instances, a win is a dismissal or NG verdict. With every new case, we sit with our clients and determine exactly how we can win and the best means of reaching that objective. Read below to learn more about some our Firm’s more demanding cases and the tactics we employed defending our clients.

Sterling Heights: Moving Violation Causing Death

In the summer of 2012, we were approached by a client who was being charged with Moving Violation Causing Death. The client was in a situation where a criminal misdemeanor would have cost her job, and moreover harsh severe license sanctions. The facts were as follows. The client was backing from her driveway when her car made contact with a bicyclist, the bicyclist died as a result. Nonetheless, our client maintained she was backing up slowly and never saw the bicyclist until she heard contact. There were no third-party eye witnesses and all of the evidence corroborated the client’s rendition of the facts. There was no exterior damage done to the car.

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concealed pistol.jpg
At Abdo Law, we deal with many clients that maintain a Concealed Pistol License, or CPL, and the question always arises: will I lose my CPL if I’m charged or convicted of a crime? The answer is maybe, but Abdo Law’s dedicated attorneys will do everything in their power to guide clients through the process.

The State of Michigan sets guidelines for those wishing to obtain a CPL:

• Applicant must be at least 21 years of age;

• Be a citizen of the United States or an immigrant lawfully admitted into the United States (green card holders)

• Be a resident of the State of Michigan for at least 6 months prior to application
• Successfully complete a pistol safety training course
• The applicant may not be subject to involuntary hospitalization, an order finding legal incapacitation or a finding of not guilty by reason of insanity
• Not be subject to a conditional bond release that prohibits the purchase/use of firearms
• Not be subject of a personal protection order (PPO)

• Applicant has not been prohibited from having firearms in his/her possession, pursuant to MCL 750.224f

• Have no felony charge pending in Michigan, or any other jurisdiction
• Applicant was not dishonorably discharged from the United States Armed Forces
In addition to the above requirements, applicants for a CPL must prove to the State of Michigan that they have not been convicted of certain misdemeanors. Some convictions bar the applicant for 8 years and others bar the applicant for 3 years. Lists with examples of such crimes have been provided below.

A question that occasionally presents itself is whether a matter that was disposed of under HYTA, 7411, 769.4a, or 771.1 will affect a CPL license. It is my understanding is that a CPL typically will not be granted to individuals on probation, even with a deferral. These dispositions still show up on the back end of records systems for law enforcement. Moreover, my understanding is that while it is possible to get a CPL after a case disposed of with HYTA or 7411, it is less likely for a case concluded with 769.4a or 771.1. Before being granted the license, in Macomb County for example, you need to first sit before a board. Somebody who just got off probation, even with a 769.4a, may have trouble getting a CPL even though the case has been dismissed. Being that the charge tends to indicate violent behavior, it is my opinion such an individual will have more difficulty getting a CPL than someone with a 7411 deferral. Please be advised, this is just my opinion.

Nonetheless, if you believe your current or potential gun rights could be jeopardized you should engage counsel immediately. Deferrals, reductions, and dismissals could be helpful in reducing the time that you are ineligible for a CPL. On the following page we have provided crimes that make applicants ineligible for a CPL.
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Eastland_Center_Logo.gifIn Michigan, retail fraud, more commonly referred to as shoplifting, is an aggressively prosecuted and pervasive offense. Frequently, our office defends these cases in Harper Woods where the Eastland Mall is located and many of these offenses occur. Originally opened in 1957, the facility houses large department stores including the Burling Coat Factory, Macy’s and Sears. Most large chain stores have loss prevention (see our related post) and prosecute theft aggressively.

What is it that you need to know if you are being charged with retail fraud? Defendants should take note that the prosecution need not prove that you left the store with misappropriated merchandise. Pursuant to MCL 750.356d it only needs be shown that intent not to pay is coupled with one of the following;

– Altering merchandise,

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bomb-squad-tape[1].jpgBomb threats are a serious matter as recently illustrated in a Macomb Daily article, “Shelby Township man arrested in bomb threat at Mount Clemens DuPont plant.” In that particular case, a 43 year old man apparently made a bomb threat at a DuPont plant and said, “If you care about your employees, get them out. There are two bombs set to go off.” Although no bomb was found, the person was still charged. Bond was set at $10,000.00 and a preliminary examination is scheduled in the 41-B District Court in Clinton Township on June 13th.

In Michigan, bomb threat cases are felonies which fall under the category of false reporting or crimes/threats and can be punished by up to 4 years in prison and/or $2,000.00 fine pursuant to MCL 750.411a. A second conviction for making a bomb threat can carry up to 10 years in prison.

The financial cost of a bomb threat is enormous given the need for deployment of specialized law enforcement equipment and personnel along with the cost of business interference. These costs can be imposed against a person convicted of making a bomb threat in Michigan. First of all, the convicted person can be ordered to pay the state or local government for the cost to respond to the false threat. This can include all police and emergency responders which become involved to inspect the premises and provide security. In addition, the convicted person can be ordered to pay the victim restitution for the costs associated with the false threat. According to the above mentioned Macomb Daily article, the DuPont plant was forced to close while the bomb threat was investigated. Under the circumstances, the Company would be entitled to request restitution for costs and losses associated with the temporary shutdown. The insurance company for the victim may also be a party who would be able to claim restitution.

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42550 Garfield Rd #104-A
Charter Twp of Clinton, MI 48038
Phone: (586) 412-5555Fax: (586) 412-5888

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