Legal Question in Criminal Law in Michigan

criminal misdemeaner

My daughter was issued a ticket for a misdemeanor disorderly person. We can't afford to hire our own attorney so we have to wait until court to speak with one. The ticket was issued because she threw a styrafoam cup at a girl's car that has been harassing her at school. We are thinking of asking for a jury trial. 2 things - should we do a jury trial and we are scheduled for a trip to Mexico April 9-16 and have already paid for the trip. Her pre-trial/arraignment is March 11. Will she be able to leave the state?


Asked on 3/05/09, 7:01 pm

2 Answers from Attorneys

James Schmier Law Office of James G. Schmier, PLLC

Re: criminal misdemeaner

On one hand you are taking a vacation in Mexico and on the other, you say you cannot afford an attorney who can work to help your daughter defend herself on a charge which could remain on her record for the rest of her life and effect her career opportunities and whether she has to put on a job application that she has been convicted of a crime. An attorney may be the best investment you will ever make. If you need help with this, contact my office.

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Answered on 3/05/09, 8:39 pm
William Morrison Action Defense Center

Re: criminal misdemeaner

Your post has a number of "tells" that indicate you are inclined to turn a minor incident into a disaster as follows:

1. "We can't afford to hire our own attorney."You can't afford $750 and the family is going to Mexico for a week? How much did that cost? When a future employer or college disqualifies your daughter because of her criminal record, she can always make herself feel better with memories of that vacation.

2.. "The ticket was issued because she threw a styrafoam cup at a girl's car that has been harassing her at school." - Your version of this event is not credible. What really happened?

Your attempt to justify (or minimize) the reason for your daughter's offense will not amuse the court. The other girl is not at fault.

3. We are thinking of asking for a jury trial. So... your saying your daughter did nothing wrong? Someone else "threw the cup"? It wasn't her and they caught the wrong person? The other girl hit her first and the cup was thrown in self defense? The officer discriminated against her because she's _________?

4. Will she be able to leave the state?

Your priorities are interesting, but yes she can leave with permission of the court.

Disorderly Person is the lowest of all criminal charges. If your daughter has no prior record (including juvenile), she can proceed with this charge without fear of having a criminal conviction on her record. A small fine and a short period of probation will be the most she has to deal with. charge

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Answered on 3/06/09, 12:19 am


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