Articles Posted in Courts

The following are misdemeanor offenses against governmental operations that are regularly prosecuted by the Clawson Michigan city attorney under the Clawson Michigan local ordinances  (These offenses can also be prosecuted under corresponding State laws as well by the Oakland County Prosecutor’s Office). The section (Sec.) numbers listed below are from the Clawson Criminal Code.

Sec 46-351.  Obstructing government operations.  A person commits the offense of obstructing government operations if he or she intentionally obstructs, impairs or hinders the performance  of a governmental function or the use of government property by using or threatening to use violence, force, physical interference or obstacle.  For purposes of this section, the term “government” includes any principal subdivision or agency of the United States, the state, city, or any agency of local government operating within the city of Clawson.  The term “governmental function” includes any activity which a public agency or public servant is legally authorized to undertake.  State law reference – Obstruction of police officer, MCL 750.479.

Sec. 46-352.  Rendering a false alarm.  A person commits the offense of rendering a false alarm if he or she knowingly causes a false alarm or fire or other emergency to be transmitted to or within a fire department or any other governmental agency that deals with emergencies involving danger to life or property.  State law reference – False fire alarms, MCL 750.240; false report on crime, MCL 750.411a.

The following are misdemeanor drug offenses that are regularly prosecuted by the Clawson Michigan city attorney under the Clawson Michigan local ordinances  (These offenses can also be prosecuted under corresponding State laws as well by the Oakland County Prosecutor’s Office). The section (Sec.) numbers listed below are from the Clawson Criminal Code.

Sec 46-231.  Possession of marijuana.  (a) Definitions.  The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Marijuana means all parts of the plant Cannabis Sativa, whether growing or not; the seeds of such plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin.  The definition does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake, or the sterilized seed of the plant which is incapable of germination.

The following are misdemeanor offenses against persons that are regularly prosecuted by the Clawson Michigan city attorney under the Clawson Michigan local ordinances  (These offenses can also be prosecuted under corresponding State laws as well by the Oakland County Prosecutor’s Office). The section (Sec.) numbers listed below are from the Clawson Criminal Code.

Sec 46-41.  Assault and Battery.  A person who assaults or assaults and batters an individual is guilty of a misdemeanor.  An individual who assaults or assaults and batters his spouse or former spouse, an individual with who he has a child in common, or a resident or former resident of the same household is guilty of a misdemeanor.  (Code 1978, section 21-30)  State law reference, similar provision MCL 750.81.

Sec. 46-42.  Domestic Violence.  (a) Arrest without warrant;  assault or assault and battery within household.  A police officer who has reasonable cause to believe that an assault or assault and battery has taken place or is taking place, and the person who committed or is committing the assault or assault and batter is a spouse, a former spouse, or a person residing or having resided in the same household as the victim, may arrest the violator without a warrant for that violation, irrespective of whether the assault or assault and battery was committed in the presence of the officer.  (b) Conditional sentence; deferral of proceedings.  When a person, who has not been convicted of assault or assault and batter, and the victim of the assault is the offender’s spouse, former spouse, or a person residing or having resided in the same household as the victim, pleads guilty to, or is found guilty of assault and battery, the Court, without entering a judgment of guilt, and with the consent of the accused, may defer further proceedings and place the accused on probation as provided in this section.  Upon a violation of a term or condition of probation, the Court may enter an adjudication of guilty and proceed as otherwise permitted by law.  (c)  Probation; mandatory counseling program.  An order of publication entered under subsection (b) of this section may require the accused to participate in a mandatory counseling program.  (c) The Court may order the accused to pay the reasonable costs of the program.  Discharge and dismissal of proceedings.  Upon fulfillment of the terms and conditions, the Court shall discharge the person and dismiss the proceedings against the person.  Discharge and dismissal under this section shall be without adjudication of guilty and is not a conviction for purposes of this section or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.  (e) Limits on discharges and dismissal of proceedings.  There may be only two discharges and dismissals under this section with respect to any person.  The police department shall retain a nonpublic record of an arrest and discharge or dismissal under this section.  The record shall be furnished to the Court or police agency upon request for the purpose of showing that a Defendant in a criminal action for assault or assault and battery has already availed himself or herself of this section (Code 1978, section 21-131).

The following are misdemeanor weapons offenses that are regularly prosecuted by the Clawson Michigan city attorney under the Clawson Michigan local ordinances  (These offenses can also be prosecuted under corresponding State laws as well by the Oakland County Prosecutor’s Office). The section (Sec.) numbers listed below are from the Clawson Criminal Code.

Sec 46-141.  Definitions.  The following words, terms, and phrases when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Firearms, except as otherwise specifically defined in this Code, means any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a means of propulsion.

The following are misdemeanor offenses against public peace and order that are regularly prosecuted by the Clawson Michigan city attorney under the Clawson Michigan local ordinances  (These offenses can also be prosecuted under corresponding State laws as well by the Oakland County Prosecutor’s Office). The section (Sec.) numbers listed below are from the Clawson Criminal Code.

Sec 46-181.  Disturbing the Peace Generally.  Any person who shall make or assist in making any noise, disturbance or improper diversion, or any rout or riot, or ring or sound any gong, by which the peace and good order of the neighborhood are disturbed, shall be guilty of a misdemeanor.

Sec 46-182.  Disorderly house.  It shall be unlawful for any person to permit any noisy or riotous persons to assemble in any house owned, occupied or controlled by him or her, to the annoyance or disturbance of the neighborhood and the public peace.

The following are misdemeanor tobacco offenses that are regularly prosecuted by the Clawson Michigan city attorney under the Clawson Michigan local ordinances  (These offenses can also be prosecuted under corresponding State laws as well by the Oakland County Prosecutor’s Office). The section (Sec.) numbers listed below are from the Clawson Criminal Code.

Sec. 46-2. – State law misdemeanors.  Every act prohibited by state law as a misdemeanor is prohibited, and whoever violates the provisions of this section within the city shall, upon conviction, be punished by the same penalty provided by state law, except that the penalty shall, in no case, exceed the maximum authorized for an ordinance violation.  (Code 1978, § 21-2)

Sec. 46-3. – Use of tobacco products on school property.

The following are misdemeanor offenses against property that are regularly prosecuted by the Clawson Michigan city attorney under the Clawson Michigan local ordinances  (These offenses can also be prosecuted under corresponding State laws as well by the Oakland County Prosecutor’s Office). The section (Sec.) numbers listed below are from the Clawson Criminal Code.

Sec 46-81.  Theft of property.  A person commits the offense of theft of property if he takes, steals or appropriates to his or her own use public or private property belonging to another person  (Code 1978, section 21-46)  State law reference, similar provision MCL 750.356.

Sec 46-82.  Theft of services.  A person commits the offense of theft of services if he intentionally obtains services known by him to be available only for compensation by deception, threat, false token, or other means to avoid payment for the services.  (Code 1978, section 21-32)  State law reference, similar provision MCL 750.356.