Have you been cited with a misdemeanor loitering charge under Detroit’s municipal code or that of another city? The ordinance below is Detroit’s ordinance, and an example of what other cities may look like:
Sec. 38-1-3. – Loitering—Generally.
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It shall be unlawful for any person to loiter on any street, sidewalks, overpass or public place. For the purpose of this section, loitering is defined as the act of standing or idling in or about any street, sidewalk, overpass or public place so as to hinder or impede or tend to hinder or impede the passage of pedestrians or vehicles.
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A person who violates this section shall be responsible for a civil infraction and subject to a civil fine of not more than one hundred dollars ($100.00) plus costs as set forth in section 55-2-31
(Code 1964, § 58-1-10; Ord. No. 337-H, § 1, 7-27-79)
A misdemeanor is a serious charge that will stay on your record forever. When employers do a background check it will show that you have been convicted of a crime. It is important to handle these matters when they first come up because it is a lot easier to fight a charge initially than attempt to overturn a conviction. An experienced attorney can represent you and attempt to get the charges modified, reduced, or even dismissed through negotiation with the Prosecutor or City attorney. The attorneys of Garmo & Kiste, PLC have developed relationships with these same Prosecutors, City Attorneys, and even Judges. We can put our experience to work for you. Detroit Loitering Ticket. To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.
Reckless Driving is a serious misdemeanor that can result in jail time and the suspension of your driving privileges. Careless driving on the other hand is a civil infraction that carries lower penalties. However, it still has ramifications. First, it is three points on your driving record. Once your record has accrued 7 points you begin to pay driver’s responsibility fees which increase with every additional point. At 12 points your driver’s license will be suspended. Further, a careless driving citation may increase insurance premiums. An experienced attorney can negotiate with the Prosecutor or City Attorney to secure a modification, reduction, or dismissal of the charges. The attorneys of Garmo & Kiste, PLC frequent Metro Detroit Courts and have developed relationships with these Prosecutors, Attorneys, and Judges. See the statutes below for reference.
257.626b Careless or negligent operation of vehicle as civil infraction.
Sec. 626b.
A person who operates a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public including an area designated for the parking of vehicles in a careless or negligent manner likely to endanger any person or property, but without wantonness or recklessness, is responsible for a civil infraction.
257.626 Reckless driving on highway, frozen public lake, or parking place; violation as misdemeanor; penalty.
Sec. 626.
(1) A person who violates this section is guilty of reckless driving punishable as provided in this section.
(2) Except as otherwise provided in this section, a person who operates a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public, including, but not limited to, an area designated for the parking of motor vehicles, in willful or wanton disregard for the safety of persons or property is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(3) Beginning October 31, 2010, a person who operates a vehicle in violation of subsection (2) and by the operation of that vehicle causes serious impairment of a body function to another person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence.
(4) Beginning October 31, 2010, a person who operates a vehicle in violation of subsection (2) and by the operation of that vehicle causes the death of another person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence.
(5) In a prosecution under subsection (4), the jury shall not be instructed regarding the crime of moving violation causing death.
To retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation. We are licensed Michigan attorneys, with offices in Troy, MI.
Charged with Illegal Public Dumping Michigan? Recently one of our attorneys represented a Canadian Citizen concerning a misdemeanor charge of Illegal Public Dumping in violation of a local ordinance, through thoughtful and careful negotiations with the city attorney the Client was offered a plea deal whereby he pled to double parking, a civil infraction punishable by a fine only.
Without our representation this client may have been charged with a federal violation of the Clean Air act, resulting in minimum fines of $5,000.00- $20,000.00, and faced up to $. With the right attorney, he will now pay approximately $300.00 and have a civil infraction, rather than a misdemeanor on his record or worse. If you have been charged with a similar violation contact the experienced attorneys of Garmo & Kiste, PLC for a free consultation today!
Depending on the Court a Driving While License Suspended can be handled rather casually. This has led to a widespread misunderstanding that DWLS is a traffic infraction, when it is actually a misdemeanor that will appear on your criminal record. As a misdemeanor, you may be sentenced up to 93-days in jail and/or a fine of $500.00. Subsequent charges carry higher penalties. In addition to criminal charges, there may be licensure ramifications. Should your license be suspended or revoked for another reason, upon a conviction of Driving While License Suspended the Secretary of State will delay the date that your license will be eligible for restoration.
Additionally, if anyone is injured or killed in an accident that you are involved in while your license is suspended you may be charged with a felony punishable up to 15 years, and/or $1,000.00 to $10,000.00.
In order to avoid a criminal record, high fees, licensure ramifications, and even felony charges, it is important to retain an experienced Attorney. The attorneys of Garmo & Kiste, PLC frequent Metro Detroit Courts and know many prosecutors and judges who may be involved in your case. Our office may be able to help you get these charges reduced, modified, or even dismissed and have had many successful outcomes.
To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.
