Comments
jon sae wrote:
What is the punishment for violating MCL 750.167 : "disorderly persons"... I'm looking specifically at People v. Favreau. Thank-you.
15/04 10:49:08
refadmin wrote:
750.168 Disorderly person; penalty.
(1) Except as provided in subsection (2), a person convicted of being a disorderly person is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.
(2) A person convicted of being a disorderly person under section 167d is guilty of a felony punishable as follows:
(a) Except as provided in subdivision (b), by imprisonment for not more than 2 years or a fine of not more than $5,000.00, or both.
(b) If the person was previously convicted of violating section 167d, by imprisonment for not more than 4 years or a fine of not more than $10,000.00, or both.
(1) Except as provided in subsection (2), a person convicted of being a disorderly person is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.
(2) A person convicted of being a disorderly person under section 167d is guilty of a felony punishable as follows:
(a) Except as provided in subdivision (b), by imprisonment for not more than 2 years or a fine of not more than $5,000.00, or both.
(b) If the person was previously convicted of violating section 167d, by imprisonment for not more than 4 years or a fine of not more than $10,000.00, or both.
16/04 15:54:25
paradox wrote:
Question:
I recently received a disorderly conduct ( public urination ) charge in the city of Berkley. This is my first offense. I was highly intoxicated and dont remember if I did. It was in my back yard . How can that be considered Public?
I recently received a disorderly conduct ( public urination ) charge in the city of Berkley. This is my first offense. I was highly intoxicated and dont remember if I did. It was in my back yard . How can that be considered Public?
12/05 09:23:16
refadmin wrote:
"Public" in the sense of the offense equates to "open". Evidently someone saw you and your actions were not private. What you could argue is that the circumstances as a whole would have led a reasonable person in the same or similar circumstances to expect that their actions were private and would not offend the public. Facts such as the layout of your hard and whether there is a fence will be necessary in elaborating on the circumstances as a whole.
13/05 20:35:47
bellee wrote:
An adult male is seen urinating behind a place of business (in a mall parking lot, with a residential neighborhood behind it, separated by a chain link fence). Is this an offense if seen by a person of age and a person 16 years old? Grand Rapids, Michigan
25/05 08:01:26
refadmin wrote:
Yes, this is an offense. Contact the police department to file a report.
25/05 09:28:12
Alex wrote:
I was in Detroit and in a people mover station and got a ticket for peeing in the back hallway. The report on the ticket said I was "obscene urinating on platform level" and on the bottom it says "refuse probitional". What does this mean?
The only reason I did this is because I am a type I diabetic and had to pee really bad. I showed the officer my glucose monitor but he still insisted upon writing me a ticket. Do I need a lawyer and if not how could I argue this myself?
Thank You
The only reason I did this is because I am a type I diabetic and had to pee really bad. I showed the officer my glucose monitor but he still insisted upon writing me a ticket. Do I need a lawyer and if not how could I argue this myself?
Thank You
27/05 13:36:20
refadmin wrote:
Dear Alex:
I believe that the quoted language refers to the following:
Sec. 58-7-11. Refuse prohibited.
It shall be unlawful to dispose of garbage, papers, refuse or other forms of trash within the Detroit People Mover System except in receptacles provided for such purpose. No person shall deposit, blow or spread any bodily discharge on any part of the Detroit People Mover System.
(Ord. No. 18-87, § 1, 6-17-87)
You have a defense to the ticket, however, in my experience it will not carry you. I would suggest requesting a court appointed counsel, which may or may not be more favorable then arguing on your own. You might consider pleading to a violation such as disturbing the peace which might be considered less outrageous than urinating in public.
I believe that the quoted language refers to the following:
Sec. 58-7-11. Refuse prohibited.
It shall be unlawful to dispose of garbage, papers, refuse or other forms of trash within the Detroit People Mover System except in receptacles provided for such purpose. No person shall deposit, blow or spread any bodily discharge on any part of the Detroit People Mover System.
(Ord. No. 18-87, § 1, 6-17-87)
You have a defense to the ticket, however, in my experience it will not carry you. I would suggest requesting a court appointed counsel, which may or may not be more favorable then arguing on your own. You might consider pleading to a violation such as disturbing the peace which might be considered less outrageous than urinating in public.
27/05 20:57:02
Alex wrote:
To follow up on the previous post I will be graduating with a degree in teacher education, will this be on my record? And if so is there any way to have it not be on my record? Thank you again this website is very helpful!
28/05 09:08:25
refadmin wrote:
Yes, it will be on your record unless you can work out a deal with the prosecutor. Alas, the reason I suggested the disturbing the peace plea. Contact the prosecutor and tell them your situation to see what can be done.
28/05 14:51:29
Alex wrote:
How would I go about contacting the prosecutor, should this be done before I appear in court. Thanks!
28/05 15:07:10
Alex wrote:
Hi its Alex again, How long is Disturbing the Peace on your record, and would you recommend getting a lawyer if Im serious about keeping my record clean? Thank you.
28/05 18:43:23
refadmin wrote:
Dear Alex:
In order to contact the prosecutor, call the district court in the county of the ticket and ask for the number for the prosecutor's office. Telephone the prosecutor's office and ask who is assigned to the case giving the case number.
Disturbing the peace would be on your record indefinitely. If you have no record, you should be able to work out a deal with the prosecutor wherein you could have a probationary period with the case being dismissed upon successful completion. There are many ways an arrangement could be made.
In order to contact the prosecutor, call the district court in the county of the ticket and ask for the number for the prosecutor's office. Telephone the prosecutor's office and ask who is assigned to the case giving the case number.
Disturbing the peace would be on your record indefinitely. If you have no record, you should be able to work out a deal with the prosecutor wherein you could have a probationary period with the case being dismissed upon successful completion. There are many ways an arrangement could be made.
28/05 21:07:17
Alex wrote:
Hi its Alex again, so everything that can go wrong so far has. I got my court date and it turns out it is when I am in Hawaii with my family and the court says there is no way to reschedule. To my understanding there will be a warrant out for my arrest and I will then have to post $100 in bond. Is this true? Is there any way to reschedule the date that they are not telling me? The people on the phone were not helpful at all and in fact very rude.
Also I took your advice and tried contacting the prosecutors office but they wont know who is working my case until the day of my case. Is getting a lawyer my best option right now because of my schedule conflict and not being able to speak to the prosecutor? Sorry for such a long post but thanks again!
Also I took your advice and tried contacting the prosecutors office but they wont know who is working my case until the day of my case. Is getting a lawyer my best option right now because of my schedule conflict and not being able to speak to the prosecutor? Sorry for such a long post but thanks again!
03/06 12:30:07
refadmin wrote:
Dear Alex:
Write a letter to the judge informing him that you must be in Hawaii and cannot reschedule the trip. Ask him for a new date sometime after you arrive home. Be very respectful in the correspondence and you should be able to get a new date. If that doesn't work, then write to the prosecutor's office and request an adjournment from them. If all else fails, an attorney representing you will be able to get a new date for you or alternatively appear on your behalf.
Write a letter to the judge informing him that you must be in Hawaii and cannot reschedule the trip. Ask him for a new date sometime after you arrive home. Be very respectful in the correspondence and you should be able to get a new date. If that doesn't work, then write to the prosecutor's office and request an adjournment from them. If all else fails, an attorney representing you will be able to get a new date for you or alternatively appear on your behalf.
03/06 16:43:20
AP wrote:
I am in a similar situation where in I was forced to urinate to a bladder issue I am having. A cop saw me and wrote me a ticket for disturbing the peace. This happened in West Virginia.
I have a court date and would like to know if this stays on my record permanently?
I am currently on a visa and will soon be applying for a green card.
Is there any advice that you can give me?
I have a court date and would like to know if this stays on my record permanently?
I am currently on a visa and will soon be applying for a green card.
Is there any advice that you can give me?
08/07 23:25:26
refadmin wrote:
Typically, unless you are a juvenile or have the conviction expunged, it will stay on your record permanently. If you have never been in trouble before, ask the prosecutor if he will work out an arrangement with you whereby you may enter a plea which can be held in abeyance upon your having proved your good behavior. Of course you should also offer proof your bladder issue.
09/07 13:12:05
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15/10: Urinating in Public - Michigan
The Michigan Penal Code does not specifically identify urinating in public as a crime. This crime is frequently at the local level by for example, the local cities, villages, or townships. Michigan does have a statute in the penal code against indecent exposure. MCL 750.335a states:A person shall not knowingly make any open or indecent exposure of his or her person or of the person of another. Violation of the section is a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.00, or both. If the person was fondling his or her genitals, pubic area, buttocks, or, if the person is female, breasts, while making the open or indecent exposure, then the punishment is increased to 2 years imprisonment or a fine of not more than $2,000.00, or both. The two year misdemeanor is considered a high court misdemeanor and in the nature of a felony. If the person was at the time of the violation a sexually delinquent person, the violation is punishable by imprisonment for an indeterminate term, the minimum of which is 1 day and the maximum of which is life.
Michigan also has a statute punishing disorderly persons, which references indecent exposure. Under MCL 750.167, a disorderly person is a person who is intoxicated in a public place and who is either endangering directly the safety of another person or of property or is acting in a manner that causes a public disturbance. A disorderly person is also one that is engaged in indecent or obscene conduct in a public place. Either one of these could arguably apply to someone who urinates in public.
On the local level in Meridian Township, Michigan, the Charter Township of Meridian Code Sec. 50-111 address public nudity and indecency. The section makes it a crime to knowingly or intentionally in a public place engage in sexual intercourse; engage in deviate sexual conduct; or fondle the person's genitals or the genitals of another person. It also makes it a crime to commit an act of public nudity and for any person owning or controlling a public place to knowingly or intentionally allow any person in such place to violate this law. In this section, "deviate sexual conduct" means an act involving: a sex organ of one person and the mouth or anus of another person; or the penetration of the sex organ or anus of a person by an object. The term "public nudity" means knowingly or intentionally displaying in a public place, or for payment or promise of payment by any person including, but not limited to, payment or promise of payment of an admission fee, any individual's genitals or anus with less than a fully opaque covering, or a female individual's breast with less than a fully opaque covering of the nipple and areola. The law excludes a woman's breastfeeding of a baby whether or not the nipple or areola is exposed during or incidental to the feeding.
The Charter Township of Meridian Code Sec. 50-112 addresses spitting, urinating, and defecating specifically. It states that it shall be unlawful for any person to knowingly or recklessly spit, urinate, or defecate in any public place or on private premises without the consent of the owner or his tenant, agent, or employee, except where an approved sanitary facility is provided. An argument to make in defense of this crime is disability as where the person, due to a disability, violated this law because of necessity. One can argue an undersized bladder or kidney problems for example. An affidavit of a physician assist in proving this defense.
There is a question of whether a person who has been convicted of urinating in public must register on the Michigan Sex Offenders List. According to the Sex Offender Registry Act, the intent of the act was to better assist law enforcement officers and the people of this state in preventing and protecting against the commission of future criminal sexual acts by convicted sex offenders. A person who has been convicted of committing an offense covered by the is considered to pose a potential serious menace and danger to the health, safety, morals, and welfare of the people, and particularly the children, of Michigan. The registration requirements of this act are intended to provide law enforcement and the people of this state with an appropriate, comprehensive, and effective means to monitor those persons who pose such a potential danger.
Is someone who urinates in public a person who poses such a potential danger? The answer depends on the conviction as persons who have been convicted of a the following offenses must register:
(i) A violation of MCL 750.145a, 750.145b, and 750.145c, referring to accosting, enticing or soliciting a child for immoral purpose.
(ii) A violation of MCL 750.158, referring to crimes against nature or sodomy involving victims less than age 18.
(iii) A violation of MCL 750.335a, if the individual was previously convicted of violating section 335a referring to indecent exposure statute referenced above.
(iv) A third or subsequent violation of any combination of: Section 167(1)(f) referring to disorderly persons; section 335a(2)(a) referring to indecent exposure; or a local ordinance of a municipality substantially corresponding to a section described.
(v) A violation of MCL 750.338, 750.338a, and 750.338b, referring to gross indecency involving victims less than age 18.
(vi) A violation of MCL 750.349, referring to kidnapping involving a victim less than age 18.
(vii) A violation of MCL 750.350, referring to taking away or enticing a victim less than age 14.
(viii) A violation of MCL 750.448, referring to prostitution involving an individual less than age 18.
(ix) A violation of MCL 750.455, referring to pandering of prostitution.
(x) A violation of MCL 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g, referring to rape crimes.
(xi) Any other violation of a law of Michigan or a local ordinance of a municipality that by its nature constitutes a sexual offense against an individual who is less than 18 years of age.
(xii) An offense committed by a person who was, at the time of the offense, a sexually delinquent person as defined in MCL 750.10a.
(xiii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (xii).
(xiv) An offense substantially similar to an offense described in subparagraphs (i) to (xiii) under a law of the United States, any state, or any country or under tribal or military law.
In Michigan, if the individual is convicted of a violation of the Charter Township of Meridian Code Sec. 50-112 addressing spitting, urinating, and defecating for example, since the conviction is not one that is identified herein-above, he will not have to register on the sex offender register. Persons charged with urinating in public should negotiate with prosecutors to charge them under laws that do not fit under the guise of the sex offender registry.