Legal Question in Criminal Law in Michigan

Misdemeanor charges/Traffic

I was charged with a misdemeanor by a police officer for not changing my address. After calling the court to set up a court appearance the person taking my call changed the charge to a civil infraction. Apparently I was supposed to have been charged with the civil infraction so this person deemed it necessary to change the initial charge by the police officer to the appropriate charge. Appearing before the prosecutor he told me that I was going to be charged with a civil infraction. I requested a trial by jury and am being denied because the police officer incorrectly charged with the wrong offense. Is this legal?


Asked on 2/04/04, 11:14 pm

2 Answers from Attorneys
Nancy Moore Nancy L. Moore, Esq.

Re: Misdemeanor charges/Traffic

First of all, be glad that it's a civil infraction and not a criminal misdemeanor. Secondly, you can still fight the ticket by asking for a formal hearing. At that time (and if you go this route I suggest you hire an attorney) you will have the opportunity to cross examine any witnesses against you (the arresting officer) and present any defenses you may have. The civil infraction itself carries no points and only a fine is involved if you plead responsible or are found responsible. So if you want to hire an attorney to save you from a less than $200 fine, you may wind up with buyer's remorse. Seems to me the case is cut and dried. Either you changed your address or you did not. Pretty simple. Good luck!

Nancy L. Moore

19500 Victor Parkway, Suite 290

Livonia, MI 48152

(734) 591-3737

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Answered on 2/05/04, 5:07 pm
Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Re: Misdemeanor charges/Traffic

There is no right to a jury trial for a civil infraction. You have the right to request a formal hearing. Normally, if the Officer doesn't appear the case is dismissed. Good luck.

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Answered on 2/05/04, 10:29 pm


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