Legal Question in Criminal Law in Michigan
I have been charged with a municipal misdemeanor for profanity. Alleged to have called a lady names according to the policeman.
I did not do what the officer gave me the ticket for. Never been in trouble before. If I plead not guilty what would happen in a situation such as this. It seems silly that there would be a trial for some cussing.
2 Answers from Attorneys
You should plead not guilty. Even if you did swear at the lady (and you didn't) you have a first amendment right that prevents this conduct from being a crime.
I would fight the charge. The officer should have known better.
I agree with Mr. Loeb, assuming that the charge relates to what you said rather than how you said it. That seems to be the case, but if the reason you were charged is actually that you were harassing her and not the specific words you were using, then the First Amendment probably won't protect you. I suggest getting a lawyer ASAP.
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