98.03.01 Indecent Exposure. No person shall make any indecent exhibition or exposure of his or her person. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 93 days or by a fine of not more than $500, or both.
52-4 District Court – Disorderly Conduct
52-4 District Court – Massage Parlors
Chapter 98-A – Massage Facility License
52-4 District Court – Drug Offenses
98.11.01 Possession or Use of Marijuana. No person shall knowingly or intentionally possess or use marijuana except as authorized by state law. A person who violates this section is guilty of a misdemeanor punishable by imprisonment in the county jail for not more than 93 days or by a fine of not more than $500, or both.
Top 10 Complaints About Court Appointed Attorneys and Public Defenders
Several years ago there was a call in Michigan and throughout the United States to reform the Court appointed attorney and public defender system. Since the economic meltdown that resulted in a lower tax base for local, state, and Federal governments, that call has largely been forgotten. Even without the current economic conditions, the priorty to help individuals accused of crimes through providing competent legal representation has never been a priority within our society and government. Many (but not all) Court appointed attorneys and public defenders provide a very adequate defense with the limited resources that they have. Complaints – right or wrong – persist against Court appointed attorneys and public defenders in general, with the belief or assumption that a retained lawyer would do much better. The 10 most common complaints about Court appointed attorneys and public defenders include:
Welfare Fraud
Gross Indecency
Gross Indecency basically involves a sexual act between 2 or more persons in a public place, or in a location where a member of the public could have been exposed to or viewed the sexual act. Locations such as a rest stop, a public bathroom, a public park, and in a private home but in front of a window are all places in which sexual acts between consenting adults have and will result in prosecution for Gross Indecency in many instances. A sexual act is more than just kissing for purposes of this offense; there must be some form of touching of a private part or sexual penetration between persons involving 1 or more private parts.
There are 3 offenses related to Gross Indecency in Michigan: Gross Indecency between Male and Female Persons (MCL 750.338b); Gross Indecency between Female Persons (MCL 750.338a); and Gross Indecency between Male Persons (MCL 750.338). Regardless of the sex or sexual orientation of the participants, the potential penalty is the same – Gross Indecency is a felony offense which carries a possible punishment of up to 4 years in prison or a fine of not more than $2500. If the participant is deemed to be a sexually delinquent person, the Defendant (if convicted) faces an indeterminate prison sentence with a mandatory minimum of 1 day and a maximum of life. A sexually delinquent person is defined as a person whose sexual behavior is characterized by repetitive or compulsive acts which indicate a disregard of the consequences of the recognized rights of others, or by the use of force upon another person in attempting sexual relations of either a heterosexual or homosexual nature, or by the commission of sexual aggressions against children under the age of 16 years.
Gross Indecency may subject a Defendant, if convicted, to the requirements of the Michigan Sex Offender Registration Act. Gross Indecency involving a victim less than 13 years old will result in a Tier III registration requirement pursuant to MCL 750.388, MCL 750.388a, and MCL 750.388b. Tier III cases are the most severe sex offenses, which places the offender on a lifetime public registry. The information must be verified by the offender with law enforcement at least 4 times a year; January 1st through 15th; April 1st through 15th; July 1st through 15th; October 1st through 15th.
Animal Fighting and Animal Cruelty
There are a number of criminal offenses in Michigan related to Animal Fighting, Animal Neglect and Animal Cruelty. An “animal” is broadly defined by Michigan law as a vertebrate other than a human. Hence, these crimes can involve just about any type of animal.
Animal Fighting Offenses
Any of the following offenses are categorized as felonies, pursuant to MCL 750.49(2)(a) through (e), which carry a maximum term of incarceration up to 4 years, a fine of not less than $5,000 or more than $50,000, and not less than 500 or more than 1,000 hours of community service:
Polygraph Examinations
A polygraph examination (which is also known as a lie detector test) is used by law enforcement officers for a variety of reasons. Although many studies place the accuracy of polygraph tests at around 90% if the right protocol is employed, the results of a polygraph are not admissible in Michigan Courts (in other jurisdictions, polygraph tests may be admissible). It is important to know, however, that the answers given before, during, and after a polygraph examination in Michigan (and probably all other States) are in most cases admissible in Court.
Aggravated Assault
In Michigan, a person who assaults an individual without a weapon and inflicts serious or aggravated injury, without intending to commit murder or to inflict great bodily harm less than murder, can be charged with a misdemeanor offense called Aggravated Assault. Aggravated Assault is a misdemeanor offense that carries a maximum possible sentence of 1 year in jail and/or a possible fine of up to $1,000. A serious or aggravated injury is defined as a physical injury that requires immediate medical treatment or that causes disfigurement, impairment of health, or impairment of a part of the body.