If You are Charged with a Crime Against Public Order or a Crime Against Public Safety, contact Schmierlaw
Speak with an Experienced, Affordable, and Aggressive Public Safety Defense Attorney. Call for a No-cost, Initial Consultation.

Crimes Against Public Safety and Crimes Against Public Order are crimes which affect the general public and not generally a specific person. Laws dealing with these crimes try to influence societal conduct. Public safety crimes can range in severity from simple citations for ordinance violations, such as public intoxication or even the length of your front lawn grass to more serious misdemeanor and felony crimes like those involving weapons or resisting arrest.

Crimes Against Public Safety and Crimes Against Public Order have two goals. First, they hope to discourage people from engaging in conduct that is considered dangerous. For instance when how, and where a gun can be taken. Secondly, certain laws are designed to protect certain groups of people. For instance, local ordinance might mandate curfews to protect young people or a ban on the keeping of farm animals within the city.


Gun Crimes

If You are A Felon, You Cannot Possess a Firearm
Under Michigan law, an individual convicted of a felony is prohibited from possessing a gun for certain period of time. And possession can be both actual or constructive. Actual possession means that the accused actually had the weapon in his hand. Constructive possession means that the accused knew where the weapon was and could have actually possessed it, for instance in a safe where the accused has the key. And even if the firearm is inoperable, does not have bullets, or you are just using it to hunt deer or ducks, you could still be charged and convicted.

Consequences of a Felon in Possession Conviction:
If you are convicted of felon in possession charges, you could be sentenced to up to five years in prison plus the Prosecutor will probably add a count of Felony Firearm just because he can.

If You Possess a Gun and Commit a Felony, You will spend Two Years in Prison
Under Michigan law, an individual who commits a felony and has possession of a firearm, by law, will be charged with felony firearm. Possession can be both actual or constructive, for instance, you knew where the gun was and could have actually possessed it when you commit a felony.

In Michigan for instance, a defendant who was delivering drugs and had a gun in a car that was parked across the street, was convicted of felony firearm. So you don't even have to have the weapon on your person to get convicted of felony firearm.

Consequences of a Felony Firearm Conviction
If you are convicted of Felony Firearm, you will be facing a mandatory 2 years in prison and that 2 years will be served even before you start serving the sentence for which you were convicted. And the Judge does not have any discretion to give you probation instead of sending you to jail for two years.

There are ways to restore your Gun Rights
In some cases, after certain conditions are met and a certain period of time has passed, your gun rights can be restored. An expungement can also restore a person right to possess a firearm. An experienced gun rights attorney can give you help restore your 2nd Amendment Rights.


Disorderly Conduct and Disorderly Person

Michigan and most local ordinances have disorderly conduct laws making certain conduct a crime, such as being drunk in public and creating a disturbance or making too much noise. Often time the statutes are used as "catch-all" crimes to deter what officials have decided is obnoxious or unruly. Police will often use a disorderly conduct charge to keep the peace when a person is behaving badly but presents no serious danger.

Whether you've been accused of disturbing the peace, being drunk in public, or any other behaviors that constitute disorderly conduct, it's important to know the consequences of a plea bargain or criminal conviction. Although these cases rarely rise to the level of felonious conduct, you should understand how being convicted of even a minor misdemeanor can impact you. And while a disorderly conduct or disorderly person charge may seem like no big deal, conviction could affect your gun rights as well.


Retail Fraud/Shoplifting

Being stopped in a store and being arrested for shoplifting or retai fraud is one of most embarrassing things that could ever happen to you. You will be stopped by store security, escorted to the store office, the police will be called, and you could be walked out of the store in handcuffs for everyone to see.

Shoplifting or Retail Fraud is taking, or even just moving, store property that is for sale and doing so without the intention of paying for it. While some may consider taking property from a store, no big deal, it is considered a crime of dishonesty and could have a huge impact on your ability to get a job, get admitted into college, or merely be considered an honest and truthful person.,

It is important to hire an attorney who will aggressively work to properly handle your case, protect your rights, and reduce the impact a shoplifting or retail fraud charge will have on you and your record.

Shoplifting
Store owners put great pressure on prosecutors to punish individuals who take or just intend to take merchandise. So even if you don’t make it out the door, you still can be charged with Retail Fraud or shoplifting. Retail Fraud also includes switching one price tag for another just to get a better deal.

Punishment for Retail Fraud or Shoplifting
All Retail Fraud charges come with consequences. Shoplifting is serious and the charges will depend on how much the property is worth and/or your past criminal record.

  • Retail Fraud Third Degree: If the value of the merchandise is less than $200.00 and this is your first offense, you will be charged with 3rd Degree Retail Fraud. This is punishable by a fine of up to $500.00 and/or up to 93 days in jail. Often times, however, an experienced defense attorney can negotiate a plea deal where the judge may take the case under advisement that includes probation. Or sometimes, an experienced attorney can get the court to dismiss the charges entirely, if the terms of probation are successfully completed. In that case, your record will remain clean
  • Retail Fraud Second Degree: If the value of the merchandise is greater than $200.00 and less than $1000.00 or this is your second offense, you will be charged with 2nd Degree Retail Fraud. This is a high court misdemeanor and is punishable by a fine of up to $2000.00 and/or up to 1 year in jail.
  • Retail Fraud First Degree: If the the value of the merchandise is greater than $1000.00 or this is your third offense, you could be charged with First Degree Retail Fraud. This is a felony and you could go to prison for up to 5 years plus fines up to $10,000.00
  • Additional Civil Sanctions: You are also liable to the merchant for civil penalties. This includes restitution for any goods that are taken and not returned so they could be sold. In addition, in a couple weeks you will received a bill from the store's lawyer for $200. This is a civil fine, is legal and you avoid getting sued by them for damages. A payment plan can be arranged

An Experienced Retail Fraud Attorney Can Lessen the Impact a Retail Fraud Charge May Have
Most stores are very careful when accusing someone of shoplifting or retail fraud; they know they face a huge lawsuit if they accuse someone who is innocent. Most always there is in-store video, still shots of the defendant, and testimony from loss prevention employees, other employees, or even other shoppers who witness the crime. With all that evidence, you need an experienced retail fraud and shoplifting attorney who can look at all the testimonial evidence, review any video and photographic evidence, and provide you with the finest legal advise so you can determine your best course of action.


Prostitution and Solicitation

If you have been arrested and charged with Solicitation or Prostitution, your reputation will be damaged, there can be heavy fines, maybe jail time, it may effect your social standing and create problems with your wife, employer and friends. You need an experienced and aggressive Solicitation and Prostitution Defense Attorney to protect your rights, reputation and maybe your marriage.

Prostitution Sting Operations
A solicitation charge may result from a law enforcement sting operation, using police officer decoys to pose as prostitutes. Often times, men caught in a sting operation have no prior record and want to keep the matter private, not wanting to go to trial so they avoid potentially adverse effects on their marriage, family and employment. In those cases we can work quickly, negotiating with the prosecutor to have the charge reduced possibly to a disorderly conduct charge. And generlally, a disorderly conduct charge looks a lot better than solicitation of a prostitute

Fighting a Solicitation Charge
If you want to fight the charge of solicitation, we will look at the facts and consider all your defenses such as a misunderstanding between you and the undercover officer or entrapment.


Contact Schmierlaw About Your Case

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Whether it is representation in a legal matter or just some legal advice, Schmierlaw can help. We specialize in Criminal and Drunk Driving Defense and can help you with any sort of legal issue which may arise including Felonies or Misdemeanors, Drunk Driving, Traffic Tickets, Juvenile Offenses, or any other legal concern which you may have.


Contact Experienced, Affordable, and Aggressive Schmierlaw for an Initial No-Cost Consultation
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Schmierlaw is a Criminal Defense and Drunk Driving/ DUI legal firm providing representation in Wayne County, Oakland County, Macomb County and throughout Michigan including these Michigan cities:

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Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742     FAX: (248) 540-0044    Email: jschmier@schmierlaw.com