The United Nations (UN) has long been a vocal opponent of drug use and trafficking, issuing various international drug control conventions that aim to prevent the spread of drug abuse worldwide. Recently, the UN has expressed concern about the growing trend of marijuana legalization in the United States, calling on the U.S. government to overturn its decision to legalize the drug.
Background on UN’s position on marijuana legalization
The UN has historically taken a hardline stance against drug use, including marijuana. This position is reflected in international drug control conventions, such as the Single Convention on Narcotic Drugs of 1961 and its later amendments, which aim to limit the production, sale, and use of drugs worldwide. The UN believes that drug use poses significant risks to public health and safety, as well as to social and economic development.
The legalization trend in US states
Despite the UN’s opposition to marijuana legalization, the drug has become legal for recreational use in 18 U.S. states as well as the District of Columbia. Additionally, medical marijuana is legal in 36 states. The trend towards legalization has been driven by changing attitudes towards marijuana and the potential economic benefits of a legal marijuana industry.
The impact of marijuana legalization on international drug policies
How US legalization affects international drug treaties
The UN’s drug control conventions are international treaties that have been ratified by most of the world’s nations, including the United States. The legalization of marijuana in the U.S. has raised questions about the country’s compliance with these treaties, and has sparked a debate over whether international drug policies need to be reevaluated to reflect changing attitudes towards marijuana.
Challenges for UN’s drug control efforts
Marijuana legalization in the U.S. presents a challenge for the UN’s drug control efforts, as it undermines the international consensus on drug policy. Some countries may see the U.S.’s decision to legalize marijuana as a green light to do the same, which could lead to an increase in drug use and trafficking worldwide.
The potential consequences of legalizing marijuana on public health
The debate over marijuana’s medical benefits and risks
Proponents of marijuana legalization argue that the drug has medical benefits, such as pain relief and anxiety reduction. However, opponents point to research indicating that marijuana use can have negative effects on health, including impairments in memory and attention, increased risk of mental illness, and decreased lung function.
Potential effects of marijuana use on mental health
Marijuana use has been linked to an increased risk of mental illness, particularly in young people. Studies have shown that marijuana use can trigger or exacerbate mental health conditions such as depression, anxiety, and psychosis.
The social and economic implications of the marijuana industry
How legalization affects drug-related crime rates
Legalization of marijuana has been linked to a decrease in drug-related crime rates, as law enforcement resources can be redirected away from non-violent drug offenses. However, opponents of marijuana legalization argue that the drug is a gateway to harder drugs and that its use could lead to an increase in crime.
Economic benefits and challenges for states with legal marijuana
Legalizing marijuana has potential economic benefits for states, such as increased tax revenue and job creation. However, the marijuana industry can also create challenges, such as ensuring safe production and preventing the drug from being sold to minors. Additionally, the legality of marijuana at the state level conflicts with federal laws, which creates uncertainty for businesses operating in the industry.
The role of the US government in international drug control efforts
Drug control efforts have always been a priority for the United States, as the country has been at the forefront of international drug control policies for over a century. The US government has played a crucial role in shaping global drug policies, including the United Nations’ drug control conventions.
The US’s historical involvement in international drug control
The US government has been actively involved in international drug control efforts since the early 20th century. The US played a leading role in the drafting of the 1912 International Opium Convention, which was the first international drug control treaty. The country also took a prominent role in the creation of the 1961 UN Single Convention on Narcotic Drugs, which remains the cornerstone of international drug control efforts.
How US drug policies affect other countries
US drug policies have significant implications for other countries, especially those that are heavily involved in the global drug trade. The US has been instrumental in shaping drug policies in other countries, often using its economic and political influence to promote the adoption of its policies. The country’s drug policies have also been criticized for their negative impact on drug-producing countries, where drug trafficking and violence are rampant.
UN’s recommendations for US drug policies
The United Nations has been urging the US to reform its drug policies to comply with international drug control treaties. In recent years, the UN has been particularly vocal about the need for the US to reconsider its marijuana legalization policies.
The UN’s stance on marijuana legalization
The UN’s position on marijuana legalization is clear: it is in violation of international drug control treaties. The UN’s International Narcotics Control Board (INCB) has been calling on member states to repeal laws that legalize marijuana since 2013. The INCB argues that marijuana legalization can lead to increased drug abuse and that it undermines international drug control efforts.
Recommendations for US drug policies to comply with international treaties
The UN has recommended that the US government repeal its marijuana legalization laws and strengthen its drug control policies to comply with international treaties. The UN has suggested that the US increase its efforts to prevent drug abuse, improve access to treatment for drug addiction, and enhance international cooperation to combat drug trafficking.
The response of US officials to the UN’s plea to reverse marijuana legalization
US officials have been largely dismissive of the UN’s calls to reverse marijuana legalization. Many officials argue that the legalization of marijuana is a matter of public health, and that states should have the right to regulate the drug as they see fit.
US officials’ reactions to the UN’s recommendations
US officials have criticized the UN’s stance on marijuana legalization, arguing that it fails to take into account the changing attitudes towards marijuana in the US. Some officials have also accused the UN of attempting to impose its drug policies on other countries.
The likelihood of US policy changes based on the UN’s statements
It is unclear whether the UN’s statements will have any impact on US drug policies. While the US is a signatory to international drug control treaties, it has often been criticized for failing to adhere to them. The legalization of marijuana at the state level is a clear example of the US’s willingness to flout international drug control treaties.
Conclusion and future outlook for drug policies in the US and globally
The ongoing debate over marijuana legalization and drug policies in the US highlights the challenges of balancing public health concerns with international obligations. As attitudes towards marijuana change in the US, it remains to be seen whether the country will continue to prioritize its own drug policies over international drug control treaties.
The potential impact of US drug policies on global drug control efforts
US drug policies have a significant impact on global drug control efforts. As the largest consumer of drugs in the world, the US’s policies can have far-reaching consequences on drug-producing countries, drug traffickers, and drug users. The US’s willingness to cooperate with other countries on drug control issues will be critical in shaping the future of global drug policies.In conclusion, the legalization of marijuana in the U.S. has raised concerns at the international level, particularly among UN officials who fear that it could undermine global drug control efforts. While the U.S. government has yet to reverse its policies, the debate over marijuana legalization and drug policies is likely to continue. As the U.S. navigates its changing drug landscape, it will be important to consider the impact of its policies on both domestic and international drug control efforts.
FAQ
Why is the UN concerned about U.S. marijuana legalization?
The UN is concerned that the legalization of marijuana in the U.S. could undermine global drug control efforts and violate international drug treaties. It is also worried about the potential public health risks associated with marijuana use.
What impact does U.S. marijuana legalization have on international drug policies?
The legalization trend in the U.S. has put pressure on international drug treaties, as countries that have legalized marijuana may be violating these agreements. This has prompted the UN to call for a review of these treaties and for countries to comply with their obligations under these treaties.
What are the potential consequences of legalizing marijuana on public health?
There is ongoing debate over the medical benefits and risks associated with marijuana use. While some studies suggest that marijuana can be used to treat certain medical conditions, there are concerns about the impact of marijuana on mental health, particularly among young people.
What is the role of the U.S. government in international drug control efforts?
The U.S. has historically been a leader in international drug control efforts, providing funding and support for these initiatives. However, the legalization of marijuana in the U.S. has put a strain on these efforts, as other countries may view the U.S. as not being committed to drug control.
You’re not the same person you were when you were younger.
You’re not the same person you were when you were younger. Your life, your goals, your friends and you have changed. Yet you have this weight on your shoulders of your past. A lot of it was probably over charged by the “justice” system to take your money to keep the lights on in the court house and control you. Take advantage of the current expungement laws before they change again.
Having a criminal record can significantly impact your life and limit your opportunities, including employment and housing. If you have a criminal record in Michigan, you may be eligible to have it expunged or sealed under certain circumstances.
Expungement is the process of clearing or sealing a criminal record, and it can provide a fresh start for those who have made mistakes in the past. In this article, we will outline the steps to expunge your record in Michigan, including eligibility criteria, the expungement process, and post-expungement considerations.
Expungement is a legal process that allows individuals to have certain criminal records removed or “sealed” from public view. In Michigan, expungement is also referred to as “setting aside” a conviction.
Types of Criminal Records That Can Be Expunged
In Michigan, certain felony and misdemeanor convictions, including traffic offenses, can be expunged. However, some serious offenses such as criminal sexual conduct or some traffic offenses involving alcohol cannot be expunged.
Benefits of Expungement
Expungement can provide significant benefits to individuals by allowing them to have a fresh start. It can improve their chances of securing employment, housing, and educational opportunities. It can also remove the stigma associated with having a criminal record.
Eligibility Criteria for Expungement
Overview of Eligible Offenses
In Michigan, individuals with one felony or two misdemeanor convictions may be eligible for expungement. However, some offenses such as assaultive crimes or serious traffic offenses cannot be expunged.
Waiting Period Requirements
There are waiting period requirements that must be met before an individual can apply for expungement. The waiting periods vary depending on the offense and can range from three to seven years.
Additional Eligibility Factors
In addition to waiting periods, there are other factors that can affect an individual’s eligibility for expungement. For example, the individual must have a clean criminal record after the conviction they want to expunge, and they cannot have more than one felony conviction in their lifetime.
Preparing for the Expungement Process
Gathering Required Information
To apply for expungement, an individual must gather information about their criminal record, including the date of the conviction, the court where the conviction was entered, and the offense they want to expunge.
Obtaining Court Documents
To file the petition for expungement, an individual must obtain court documents related to their conviction. These may include the judgment of sentence or a certificate of conviction.
Consulting with an Attorney
It is highly recommended that individuals seeking expungement consult with an attorney. An attorney can review their case and provide guidance on the eligibility requirements and the expungement process.
To apply for expungement, an individual must complete a petition form and attach all required documents. The form must be completed accurately and thoroughly.
Filing the Petition with the Court
The completed petition form and all required documents must be filed with the court where the individual was convicted. A copy of the petition must also be served on the prosecutor’s office.
Paying Filing Fees
There is a filing fee required to file a petition for expungement. The fee amount may vary depending on the county in which the petition is filed. It is important to note that the fee is non-refundable, even if the petition is denied.
Attending the Expungement Hearing
Expungement is the legal process of erasing or sealing a criminal record from public view. If you’re seeking to expunge your record in Michigan, attending a hearing is a critical step in the process. Here are the steps to follow when attending an expungement hearing for a Michigan criminal record.
Preparing for the Hearing
Before attending the hearing, ensure that you have prepared all the required documents according to Michigan law. This includes a petition for expungement, Michigan State Police criminal history report, proof of service and consent, court fee payment receipt, and any other supporting documents required by the court.
You should also dress appropriately for the hearing to make a good impression. Choose something professional or business casual, avoid wearing anything too flashy or informal, and make sure to groom yourself to look presentable.
Presenting Your Case to the Judge
When presenting your case to the judge, be honest, direct, and respectful. Explain why you’re seeking an expungement and the positive changes you’ve made in your life since your conviction. Provide any evidence that supports your case, such as letters of recommendation, employment history, and education certificates.
Make sure to answer all questions from the judge, prosecutor, or any other party involved with the hearing. Speak clearly and confidently and remember to remain calm and composed throughout the hearing process.
Receiving the Judge’s Decision
Once you’ve presented your case, the judge will make a decision to grant or deny your expungement request. If your request is granted, your criminal record will be sealed or erased. However, if your request is denied, you may need to wait for a specified period before filing for expungement again.
If your request is granted, you will probably receive a discharge order, which will confirm that your conviction has been erased, and you’re no longer required to disclose it to potential employers or landlords.
Post-Expungement Considerations and Benefits
Updating Your Criminal Record
After receiving an expungement, you need to update your criminal record to reflect the change in your status. This means that you’ll need to notify any relevant parties or agencies, such as employers and law enforcement agencies, about the expungement.
Benefits of Expungement on Employment and Housing
Expungement of your criminal record will have a significant impact on your employment and housing opportunities. With a clean record, you’re eligible for more job opportunities and can apply for housing without fear of being rejected due to your criminal history.
Limitations of Expungement
Although expungement can erase or seal a criminal record, it does not mean that the record would be destroyed entirely. The record will still be available to law enforcement agencies, and it may affect your eligibility for certain professional licenses and immigration status.
Common Mistakes to Avoid During the Expungement Process
Filing for Expungement Too Soon
In Michigan, you can apply for an expungement only after five years have passed since your conviction, so filing too soon will result in an automatic denial.
Not Including Required Information on the Petition
Failing to include all the necessary information on your petition for expungement can also lead to a denial. Ensure that you provide accurate and complete information about your conviction, such as the date of conviction, charge, and court location.
Not Disclosing All Convictions
Not disclosing all convictions, even those that have been expunged, can lead to serious legal repercussions. It’s important to be honest and transparent about your criminal record to avoid any legal issues in the future.Expungement can be a life-changing process that provides a new start for those who have made mistakes in the past. By following the steps outlined in this article, you can take the necessary steps to clear or seal your criminal record in Michigan and move forward with your life. Remember to consult with an attorney and gather all required information before filing your petition for expungement. With patience, persistence, and the right guidance, you can successfully expunge your record and open up new opportunities for your future.
FAQ
1. Can all criminal records be expunged in Michigan?
Not all criminal records are eligible for expungement in Michigan. Only certain offenses, such as misdemeanors and some non-violent felonies, can be expunged. Additionally, certain waiting periods and eligibility criteria must be met before a record can be expunged.
2. How long does the expungement process take in Michigan?
The expungement process in Michigan can take several months or longer, depending on various factors such as the court’s schedule, the complexity of the case, and the specific eligibility requirements. It’s important to be patient and persistent throughout the process and to seek the guidance of an experienced attorney if possible.
3. Is it necessary to hire an attorney to expunge your record in Michigan?
While it is not necessary to hire an attorney to expunge your record in Michigan, it is highly recommended. An experienced attorney can guide you through the eligibility criteria and requirements, gather necessary information and court documents, and represent you in court. Additionally, an attorney can help ensure that your case is presented in the best possible light to the judge.
4. Can expunged records be accessed by employers or the public?
Expunged records are generally no longer accessible to the public, including potential employers. However, certain government agencies and law enforcement may still have access to the records, and the record may still appear on certain background checks.
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense. Call Now 248-357-2550
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.
Did you know that the MSP is rolling out a new breath test system during 2023?
Learn about the Intoxilizer 9000 before Law Enforcement does.
This two-day training will be taught by expert, Matthew E. Malhiot of Forensic Alcohol Consulting and Training, LLC. In addition to covering the same information law enforcement will receive about how to administer the Intoxilyzer 9000, Mr. Malhiot will cover the ins and outs of the new machine and its limitations. You will receive the training that law enforcement officials will be receiving, but then you will learn much more than will be covered with law enforcement. You will be able to utilize this knowledge to immediately help your clients in and out of court. Digital training materials will be included.
The board members of the Michigan Association of OWI Attorneys have put together this in-person seminar to better their own practices, as well as for those who practice drunk driving law throughout the state.
The registration fee covers breakfast and lunch on both Friday and Saturday, ongoing beverage and snack service, as well as entry to Friday evening entertainment. The Michigan Association of OWI Attorneys is a not-for-profit association that can provide CLE credits for this training (one credit per hour you attend for a total of 14). If you are a member of Michigan Association of OWI Attorneys, you can take advantage of a discounted rate for this and every seminar, as well as FREE webinars! Need to become a member? Go to www.miaowia.us and click on ‘Become A Member’.
A room block is available for reservations at the training location: The Hilton Garden Inn Downtown Detroit:
The deadline to receive the discount rate is April 5, 2023 so don’t delay!
If you have questions on registration or the training, please contact Jenn at Jenn.miaowia@gmail.com or (517) 420-1612.
DISCLAIMER In a legal environment that continues to evolve, it is essential to stay informed and seek guidance from knowledgeable professionals. Before acting on any information you find on the internet, this website, any linked website, any referring website or any verbal or written information consult a licensed attorney. Contact Komorn Law today to discuss your case and learn how we can assist you in navigating the complexities of Michigan’s laws. Consult an Attorney – Remember you’re on the internet.
We defended our client Michael Thue who was facing a possible life sentence for the following charges in Grand Traverse Court.
1. CONTROL SUBSTANCEDEL/MANU 5-45 KILGRAM 2. POSSESSION SCHEDULE 5 AND LSD 02/14/2023 3. HABITUAL OFFEN-SUP WAR/4 CONV 02/14/2023 4. CONT SUBSTANCE-POSS OF MARIJUANA 02/14/2023
Case Summary
After a SWAT style raid on Thue’s place by law enforcement where they burned his plants and removed several other items Thue retained Komorn Law and lead trial Attorney Michael Komorn jumped in the trench next to his client and started gathering information to aggressively defend him as he does for all his clients.
This was Thue’s 4th strike which means he could have been sentenced under the Michigan Habitual Offenders Sentencing Laws.
This could have been a life sentence (more detail below).
The Judge, who was familiar with Thue, eluded to the fact that Thue being charged with a life defense and now reduced to a misdemeanor indicates the laws in this area are a mess. The judge also said that smaller cannabis entities are being put out of business by larger corporations and couldn’t believe he had to pass sentence stating he was protecting the revenues of the State of Michigan. The judge insisted that Thue had to plea to something in order to be a conviction which ended up being growing more plants than allowed.
The conditions of the 2 year probation sentence were to comply with MMMA laws and MRTMA laws plus costs $800.
State or Federal Cases
CHARGED WITH DUI OR A CANNABIS RELATED CRIME?
Hire a Lawyer that has specialized in fighting for those that want to take a stand against the “justice system”
“‘A trial court, when sentencing a defendant as an habitual offender, must exercise its discretion in setting the maximum sentence, that is, it is not required by law to increase the maximum sentence.’” People v Bonilla-Machado, 489 Mich 412, 429-430 (2011), quoting People v Turski, 436 Mich 878, 878 (1990) (remand was appropriate where the trial court “erroneously asserted that it was bound by law to enhance the maximum sentences”).
A.Second Habitual Offender Status (HO2)
This discussion presumes the prosecutor is seeking an enhanced sentence under MCL 769.13. See Section 4.2 for more information on the prosecutor’s right to seek an enhanced sentence.
A person is a second habitual offender if he or she is convicted of a felony or attempted felony and has been previously convicted of a felony or attempted felony in Michigan or in another state if the violation would have been a felony violation in Michigan. See MCL 769.10(1). A second habitual offender is subject to the following penalties, except as otherwise provided in MCL 769.10 and MCL 771.1:
•If the subsequent felony is punishable on first conviction by a term less than life imprisonment, the court “may place the person on probation[1] or sentence the person to imprisonment for a maximum term that is not more than 1-1/2 times the longest term prescribed for a first conviction of that offense or for a lesser term.” MCL 769.10(1)(a).
•If the subsequent felony is punishable on first conviction by life imprisonment, the court “may place the person on probation[2] or sentence the person to imprisonment for life or for a lesser term.” MCL 769.10(1)(b).
Any term of years sentence must be indeterminate, meaning it must have a minimum and maximum sentence “in terms of years or a fraction of a year[.]” MCL 769.10(2). The maximum sentence must not be “less than the maximum term for a first conviction.” Id.
B.Third Habitual Offender Status (HO3)
This discussion presumes the prosecutor is seeking an enhanced sentence under MCL 769.13. See Section 4.2 for more information on the prosecutor’s right to seek an enhanced sentence.
A person is a third habitual offender if he or she is convicted of a felony or attempted felony and has been previously convicted of any combination of two or more felonies or attempted felonies in Michigan or in another state if the violations would have been felony violations in Michigan. A third habitual offender is subject to the following penalties, except as otherwise provided in MCL 769.11 and MCL 771.1:
•If the subsequent felony is punishable on first conviction by a term less than life imprisonment, the court “may sentence the person to imprisonment for a maximum term that is not more than twice the longest term prescribed by law for a first conviction of that offense or for a lesser term.” MCL 769.11(1)(a).
•If the subsequent felony is punishable on first conviction by life imprisonment, the court “may sentence the person to imprisonment for life or for a lesser term.” MCL 769.11(1)(b).
Any term of years sentence must be indeterminate, meaning it must have a minimum and maximum sentence “in terms of years or a fraction of a year[.]” MCL 769.11(2). The maximum sentence must not be “less than the maximum term for a first conviction.” Id.
C.Fourth Habitual Offender Status (HO4)
This discussion presumes the prosecutor is seeking an enhanced sentence under MCL 769.13. See Section 4.2 for more information on the prosecutor’s right to seek an enhanced sentence.
A person is a fourth habitual offender if he or she is convicted of a felony or attempted felony and has been previously convicted of any combination of three or more felonies or attempted felonies in Michigan or in another state if the violations would have been felony violations in Michigan. A fourth habitual offender is subject to the following penalties:
•“If the subsequent felony is punishable upon a first conviction by imprisonment for a maximum term of 5 years or more or for life, the court, except as otherwise provided in this section or [MCL 771.1], may sentence the person to imprisonment for life or for a lesser term.” MCL 769.12(1)(b).
•“If the subsequent felony is punishable upon a first conviction by imprisonment for a maximum term that is less than 5 years, the court, except as otherwise provided in this section or [MCL 771.1], may sentence the person to imprisonment for a maximum term of not more than 15 years.” MCL 769.12(1)(c).
In addition to the general maximum sentence enhancement provisions set out in MCL 769.12 for fourth habitual offenders, MCL 769.12(1)(a) provides for a mandatory minimum sentence of 25 years’ imprisonment for certain violent offenders. The sentencing court must impose a sentence of imprisonment for not less than 25 years if:
•the offender has been convicted of three or more prior felonies or felony attempts, including at least one listed prior felony,6 and
•the subsequent felony that the offender is convicted of committing or conspiring to commit is a serious crime. MCL 769.12(1)(a).
For purposes of MCL 769.12(1)(a) only, “[n]ot more than [one] conviction arising out of the same transaction shall be considered a prior felony conviction[.]” MCL 769.12(1)(a).
The 25-year mandatory minimum sentence imposed by MCL 769.12(1)(a) does not constitute cruel or unusual punishment under the Michigan Constitution, Const 1963, art 1, § 16.7People v Burkett, 337 Mich App 631, 635-642 (2021) (rejecting what it characterized as a facial challenge to MCL 769.12(1)(a)). “Under the Michigan Constitution, the prohibition against cruel or unusual punishment includes a prohibition on grossly disproportionate sentences.” Burkett, 337 Mich App at 636 (cleaned up). “Legislatively mandated sentences are presumptively proportional and presumptively valid,” and “to overcome the presumption that the sentence is proportionate, a defendant must present unusual circumstances that would render the presumptively proportionate sentence disproportionate.” Id. at 637 (quotation marks and citations omitted). A three-part test is used to determine whether a punishment is cruel or unusual: “(1) the severity of the sentence imposed and the gravity of the offense, (2) a comparison of the penalty to penalties for other crimes under Michigan law, and (3) a comparison between Michigan’s penalty and penalties imposed for the same offense in other states.” Id. at 636-637 (quotation marks and citation omitted). “Consideration of the three-part test leads to the conclusion that the minimum sentence mandated by MCL 769.12(1)(a) is neither cruel nor unusual” because the statute “only applies to individuals convicted of a serious felony who have previously been convicted of three or more felonies, at least one of which is a listed prior felony,” and it “reflects a rational legislative judgment, entitled to deference, that offenders who have committed serious or violent felonies and who continue to commit felonies must be incapacitated.” Burkett, 337 Mich App at 642 (quotation marks and citation omitted).
Any term of years sentence must be indeterminate, meaning it must have a minimum and maximum sentence “in terms of years or a fraction of a year[.]” MCL 769.12(2). The maximum sentence must not be “less than the maximum term for a first conviction.” Id.
1 See Section 9.2 for more information about probation.
2 See Section 9.2 for more information about probation.
6 Only convictions under the specific Michigan statutes listed in MCL 769.12(6)(a) constitute listed prior felonies for purposes of MCL 769.12(1)(a); a conviction in another jurisdiction for an offense comparable to a listed offense does not constitute a listed prior felony for purposes of the mandatory 25-year minimum sentence under MCL 769.12(1)(a). People v Pointer-Bey, 321 Mich App 609, 622-623 (2017) (noting that, unlike the general rule of MCL 769.12(1) that comparable out-of-state convictions are considered when determining fourth-habitual offender status, “MCL 769.12(6)(a) contains no indication that convictions under comparable statutes from other jurisdictions should be considered ‘listed prior felonies’ for purposes of MCL 769.12(1)(a),” and holding that the defendant’s conviction under a federal statute comparable to a Michigan statute listed in MCL 769.12(6)(a) could not be considered for purposes of MCL 769.12(1)(a)).
7 “If a punishment passes muster under the state constitution, then it necessarily passes muster under the federal constitution.” People v Burkett, 337 Mich App 631, 636 (2021) (quotation marks and citation omitted).
What are the laws and penalties of disturbing the peace in Michigan?
Have you ever been in a situation where someone’s behavior was so disruptive that it made you feel uncomfortable or unsafe? Maybe it was someone yelling loudly in public, creating a disturbance at a party, or engaging in violent behavior. These types of behaviors are considered to be disturbing the peace and can result in serious legal consequences. In Michigan, there are laws in place to protect individuals from these types of disruptions. This article will discuss the types of behaviors that violate disturbing the peace laws and the penalties associated with them.
Law enforcement on the scene will make the determination of whether you are “disturbing the peace” a typical catch all charge or lowered charge negotiated down from a higher criminal allegation.
Types of Behaviors that Violate Disturbing the Peace Laws
According to Michigan law, disturbing the peace is defined as any act that disturbs or disrupts the public peace. This can include a wide range of behaviors such as:
Loud Noises
Loud noises are one of the most common forms of disturbing the peace. This can include anything from shouting or screaming loudly in public to playing loud music late at night. It’s important to note that while some noise may be unavoidable, excessive noise can be deemed as disruptive and may lead to legal action.
Noise Ordinances
Many cities and towns have specific noise ordinances in place to regulate loud noises within residential areas. These ordinances typically prohibit loud noises after a certain time period (usually 10 pm) and may also limit how much noise is allowed during specific hours.
Fighting or Physical Altercations
Any type of physical altercation or fighting can be considered disturbing the peace under Michigan law. This includes both verbal altercations that escalate into physical violence as well as fights that were premeditated.
Potential Consequences
The penalties for fighting or physical altercations vary depending on various factors like whether any injuries occurred, whether weapons were used, and if minors were involved. The penalties range from misdemeanors with potential fines up to $500 and/or up to 90 days imprisonment for simple assault charges to felonies carrying up to life imprisonment for more severe offenses like aggravated assault with intent to commit murder.
Disrupting Public Meetings
Public meetings such as city council meetings or community gatherings are intended for individuals to express their opinions respectfully without being interrupted by others’ unwelcome behavior.
Potential Consequences
If an individual disrupts a public meeting by using inappropriate language, making excessive noise, interrupting speakers repeatedly, etc., they may face charges for disturbing public meetings which carries possible jail time and fines up to $5000.
Disorderly Conduct
Disorderly conduct refers to any type of behavior deemed disorderly by law enforcement officials such as drunkenness causing a disturbance in public places or obscene language while walking down a street.
Potential Consequences
Individuals convicted under disorderly conduct charges may face up-to 90 days imprisonment or potential fines up-to $500 depending on severity.
Penalties Associated with Violating Disturbing the Peace Laws
The penalties associated with violating disturbing the peace laws vary widely depending on several factors such as prior criminal record and severity of crime committed; age ranges also play an important role when sentencing juveniles/young adults who violate these laws.
In Michigan:
For first-time offenders who engage in minor disturbances likely pay fines ranging from $50-$200. Repeat violators will face harsher sentences including jail terms up-to 93 days imprisonment. If minors are involved then there is an increased possibility for juvenile detention centers.
Conclusion
Disturbing the peace laws exist across states across America because they’re designed solely keeping citizens’ safety interests intact while not letting anyone else cause discomfort due to unruly behavior regardless of circumstances behind said unacceptable actions. Noise-related violations are by far some common disruptions; however, fighting & altercations at events involving large crowds also pose problems frequently. Likewise, breaking municipal rules during official functions could spark debates; disrupting social settings through disorderly conduct makes matters worse altogether.
Therefore, it’s essential everyone abides by state-mandated regulations about disturbing-the-peace policies failing which one could face legal consequences outlined above. Hopefully, this article has shed light on what constitutes disturbing-the-peace scenarios & the necessary steps required for avoiding them altogether!
If you or someone you know has been accused of a crime, DUI or Drugged Driving. Call Komorn Law and turn your defense into an offense. Call Now 248-357-2550
Michigan Laws
State Michigan Legislature – Michigan Compiled Laws
(1) A person is a disorderly person if the person is any of the following:
(a) A person of sufficient ability who refuses or neglects to support his or her family.
(b) A common prostitute.
(c) A window peeper.
(d) A person who engages in an illegal occupation or business.
(e) A person who is intoxicated in a public place and who is either endangering directly the safety of another person or of property or is acting in a manner that causes a public disturbance.
(f) A person who is engaged in indecent or obscene conduct in a public place.
(g) A vagrant.
(h) A person found begging in a public place.
(i) A person found loitering in a house of ill fame or prostitution or place where prostitution or lewdness is practiced, encouraged, or allowed.
(j) A person who knowingly loiters in or about a place where an illegal occupation or business is being conducted.
(k) A person who loiters in or about a police station, police headquarters building, county jail, hospital, court building, or other public building or place for the purpose of soliciting employment of legal services or the services of sureties upon criminal recognizances.
(l) A person who is found jostling or roughly crowding people unnecessarily in a public place.
(2) If a person who has been convicted of refusing or neglecting to support his or her family under this section is charged with subsequent violations within a period of 2 years, that person shall be prosecuted as a second offender or third and subsequent offender as provided in section 168, if the family of that person is then receiving public relief or support.
(3) A mother’s breastfeeding of a child or expressing breast milk does not constitute indecent or obscene conduct under subsection (1) regardless of whether or not her areola or nipple is visible during or incidental to the breastfeeding or expressing of breast milk.
(1) Except as provided in subsection (2), a person convicted of being a disorderly person is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.
(2) A person convicted of being a disorderly person under section 167d is guilty of a felony punishable as follows:
(a) Except as provided in subdivision (b), by imprisonment for not more than 2 years or a fine of not more than $5,000.00, or both.
(b) If the person was previously convicted of violating section 167d, by imprisonment for not more than 4 years or a fine of not more than $10,000.00, or both.
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.
Marijuana sales in Michigan hit record highs last year, with organizations profiting more than $221 million in the period of December 2022 alone as per a state report. Yet, as the developing industry keeps on evolving, a few organizations are starting to fall behind.
Last week, Skymint, one of the top marijuana producers in the state went into receivership in the wake of defaulting on a $127 million credit.
Receivership is an interaction where a court-selected official assumes control over a business to assist an organization with keeping away from liquidation.
“It’s just what happens sometimes in business. It’s a continuing evolution, It’s survivable. We have a case we have been working with that has gone into receivership and it is turning a corner and moving forward” said Attorney Michael Komornof Komorn Law.
“There are a lot of roadblocks in the system such as banking, marketing, insurance, credit, landlords, etc. The fact that it is still a controlled substance is absurd. The state and feds are in control of both sides of the bridge. It will work itself out and the smart and strong will survive” Komorn stated.
Komorn Law specializes in cannabis business services as well as legal defense.
If you have been accused of a crime that’s a very serious situation. Hire an attorney who takes that seriously! CALL NOW – Komorn Law 248-357-2550
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas, private stuff and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on “Official Government and State Sites”, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain. You’re on the internet.
