Legal Question in Criminal Law in Michigan

Misdemeanor Breaking & Entering

I recently graduated from University of Michigan. The new business school is currently under construction . My friend and I entered through a gap in the fence about a foot and a half wide. The door to the building was propped open and no force was used to enter the building. We were arrested but the campus police and cited for ''unlawful entry.'' The campus police officers made it sound like no big deal, but then few weeks later I received a notice to appear in court. My friend and I are being charged with misdemeanor B&E.

I am not eligible for representation from the student legal service because I've already graduated, but an attorney there advised us both to plead not guilty and wait to have an attorney appointed.

It does not seem fair that we are being charged with B&E because force was not used to enter the building and we did not stealing or harming anything within. Could this be reduced to trespassing? Should plead not guilty at the arraignment? I know that will result in a pre-trail hearing being scheduled, but on the court website I also read that ''bond will be set.'' Does this mean that I will be put in jail if I cannot post bond? Should I get an attorney before my arraignment or wait to have one appointed?


Asked on 5/12/08, 8:53 pm

3 Answers from Attorneys
Timothy Klisz Klisz Law Office, PLLC

Re: Misdemeanor Breaking & Entering

I would not wait to find good representation. If you were already out, I doubt the judge would set the bond too high you could not afford it. Personal bond should suffice. If you would like to discuss in greater detail, contact me at www.kliszlaw.com for a free phone consultation. Tim Klisz

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Answered on 5/12/08, 8:57 pm
William Morrison Action Defense Center

Re: Misdemeanor Breaking & Entering

Wear a suit and tie to your arraignment - definitely no jeans. Plead not guilty. If your permanent residence is out of state, you may need some cash (or credit) for a bond.

Otherwise, if you have no priors, a personal bond sounds right.

An attorney will help you keep this off your record.

Don't blow this off. Future employers have access to everything. That degree cost a lot. Don't waste it by cutting corners.

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Answered on 5/12/08, 9:51 pm
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Misdemeanor Breaking & Entering

The title of the charge ("B&E") may be misleading. The actual charging language on the complaint is more important, and the judge will read it to you at the arraignment.

The first two responding attorneys must be Wolverine fans because they didn't tak a single shot at the notion of a U-M grad (allegedly) committing a crime. Nice to see us finally becoming civilized at lawguru.com!

You might have been charged with something like "Breaking & Entering - Illegal Entry Without Owner's Permission"), which can involve entering a building, with or without breaking, and without the owner's permission. So, walking through an open door will suffice, or you pushing the door open to enter will suffice. This is a misdemeanor.

The charge would be a felony if there was evidence that you intended to commit a larceny or another felony in the building.

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Answered on 5/13/08, 8:20 am


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