Legal Question in Criminal Law in Michigan

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.

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!

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!