Disturbing the Peace Defense Attorney
Michigan criminal defense attorneys who are dedicated to the passionate, fearless, and effective defense of those charged with disturbing the peace. Most cases have weak and insubstantial evidence. A strong defense can result in the dismissal of all charges.
Police officers frequently charge people with Disturbing the Peace on the flimsiest of evidence. In many of these cases, the officer could have used his or her discretion and advised the person to leave the area, quiet down, or calm themselves down. Officers are supposed to know that every person has a first amendment right to free speech, and Disturbing the Peace cannot be charged because someone doesn’t like the content of the speech or how it was said. Also, if someone is acting unruly or impolitely, this is not a crime. For conduct to reach a level where it is criminal, such as with Disturbing the Peace, the conduct must be so outrageous that others in the area are substantially distressed and bothered.
Disturbing the Peace is Often Used to Justify an Illegal Arrest
The crime of disturbing the peace is different from other criminal charges in that it involves allegations of so many different types of conduct. Unlike other criminal charges that are designed to prevent a very specific type of behavior, disturbing the peace is used (and often abused) by police in many different ways. Frequently, innocent people are charged with disturbing the peace by officers who want to justify a questionable, unduly forceful, or an illegal arrest.
Penalty for Disturbing the Peace in Michigan
Because Disturbing the Peace charges are so common, and subjectively applied, having a skilled defense attorney defending you can be your best hope for a dismissal, reduced charges, or a lenient sentence. A Disturbing the Peace conviction is a criminal conviction. It can result in a permanent criminal record, up to 93 days in jail, and up to 2 years of probation (up to 90 days for an ordinance violation, as opposed to a state law charge). Probation can include a requirement that you report monthly to a probation officer, abstain from marijuana and alcohol, get therapy or substance abuse treatment, perform community service, and much more.
Furthermore, a Disturbing the Peace conviction never falls off your record. The only way to get a conviction removed is by filing a Motion to Set Aside Conviction (also called an expungement). You will have to wait a minimum of 5 years following the date you get off probation, get out of jail, or finish paying off your fees and costs, whichever is later before such a motion can be filed.
Aggressive, Experienced Criminal Defense Attorney Can Help
If you or a loved one has been accused of Disturbing the Peace, Breach of Peace, or Disorderly Conduct, you need a skilled and proven defense attorney on your side to get the best possible result. We will employ our vast resources and decades of experience to minimize or potentially eliminate the penalties you face, and obtaining a dismissal of all charges is always our highest priority, when possible.
Best Case Scenario – LEWIS & DICKSTEIN, P.L.L.C.
Disturbing the Peace charges can often be dismissed or reduced to non-criminal offenses. There are many statutes that may be employed by a great criminal defense attorney to keep this type of conviction off a client’s criminal record. In many of these cases, the prosecutor or police charge a disturbing the peace charge to prevent a lawsuit for illegal arrest or excessive force, and LEWIS & DICKSTEIN, P.L.L.C. can help!
If you are charged with Disturbing the Peace or Disorderly Conduct and you want a lawyer who will fight for you and not minimize the importance of the case.
Call us today at (248) 263-6800 for a free consultation, or complete a Request for Assistance Form and we will contact you promptly.