Legal Question in Criminal Law in Michigan

resistin and obsrtuction

my son is 18 yrs old d.o.b.06 10 83, ive been told by the police dept. of westland, mi. that the charge is resisting and obstruction. He has never been in trouble with law before although he does have outstanding tickets here in texas (speed) one ticket. he had an arrainment on 4/19/02 and the judge set his court date for 05/02/02. his bond is 10% of $10,000. I dont have an extra $1000 around so he is stuck in jail untill his court date.

my first question is, what do these charges mean exactly? and is the judge tring to set an example to him for not giving him a personal bond? is this bond high for theses charges for no criminal history? he will have a court appointed lawyer that wont see him until the morning of the count date, if its a high possiblilty of incarceration for these charges should i higher a lawyer? I am going to michigan ( im now in texas) to be at the trial, should I take any information with me? I plan to take his G.E.D. and his tax papers from 2000/2001 and his college enrollment papers. is there any othe advise. Thank you for your time.


Asked on 4/24/02, 7:04 pm

3 Answers from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: resistin and obsrtuction

Since the first answer really just wanted you to hire him as a lawyer, I'll try to actually answer your main question.

Resisting or Obstructing a Police Officer (we call it "R&O") is a misdemeanor punishable by up to 2 years incarceration or a $1,000 fine. The crime is committed if the person knowingly and intentionally obstructs, resists, opposes, assaults, beats or wounds a law enforcement officer who is engaged in his lawful acts or attempting to maintain the peace. The defendant's acts must have actually interfered with the officer in carrying out those duties.

You didn't say what the police claim your son did. R&Os can happen in a variety of ways. I tend to see this charge when people hit an officer, or interfere with the officer investigating another person for a crime, or if the person runs from the police, or if the defendant is being arrested and physically resists being handcuffed. But, those are not the only scenarios. My point is that a lot of things can be considered 'resisting' or 'obstructing' or 'opposing' a cop. Also, the cop doesn't have to be injured by the defendant's conduct (lust like a traditional Assault & Battery charge doesn't require injury).

If your son does not have significant ties to the community (school, job, house, etc.), a bond that requires him to post $1,000 cash is not an exhorbatently high bond. The purpose of a bond is to ensure that the person will show up in court when required (so as to not forfeit the bond money). If he's from out-of-state, he's more likely to flee. So, a $10,000 (10%) bond isn't too high ... in my opinion.

As for the issue of court-appointed attorneys, I won't slander the entire bunch of them, like the first attorney who posted a reply. In my experience, most are very capable and conscientious. You are not guaranteed a "better lawyer" by hiring one.

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Answered on 4/26/02, 8:33 am
Eric I. Kutinsky THE MICHIGAN LEGAL TEAM, P.C.

Re: resistin and obsrtuction

It sounds like the bond was set high. I always suggest hiring an attorney vs. a court appointed attorney because the CAA doesn't really care to put much effort into the matter. Please call me to discuss the matter further. Office (248) 737-7000 or 24 hour pager (800) LAW-6685. Best of luck!

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Answered on 4/25/02, 12:25 pm
Nancy Moore Nancy L. Moore, Esq.

Re: resistin and obsrtuction

Mr. O'Brien is right. And I fully agree with him that court-appointed attorneys are capable and trustworthy. (I happen to be one, plus I have my own practice.) Current case law concerning Resisting and Obstructing is very fact specific and may favorably apply to your son's case. Back to the court-appointed attorney subject: most of us do this because we WANT to, not because some court or judge said we must. Westland is a nice community and I would bet that the court-appointed attorneys are excellent. Good luck to you both!

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Answered on 4/26/02, 10:14 pm


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