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Was recently arrested for "Disorderly Intoxication" in Romulus, MI...

Romulus, MI |

I was arrested for Disorderly Intoxication and spent the night at the police station. I was on company business for the night and live out-of-state. I was at the hotel bar when this occurred and had the police called because of a potential argument with another patron (no violence involved). I didn't leave expeditiously which is why the police was involved.

I was booked for the night at the police station, though no breathalyzer was ever taken.

There are many reasons why this misdemeanor could potentially destroy my current career if not handled by someone qualified in these matters. What may I expect to come of this, given I had a clean record prior to this? Are agreements with the court/prosecutor common? I realize more information would be required for a better idea. Thank you.

Attorney Answers 4

Posted

This is a common scenario that occurs in romulus, specifically because of the airport there. Generally with Romulus court and a good attorney you can get this plead down to Double Parking. You also need to get your arrest record and fingerprint card destroyed if this happens so that there is no record of the offense. I have done this several times in that court. It may be able to be done without you even having to go in.

Attorney Scott Aaronson
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877-I-CAN-WIN
Direct: 248-956-1165

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Scott Matthew Aaronson

Scott Matthew Aaronson

Posted

As it stands, it is considered a minor misdemeanor punishable by 90 days in jail and a fine. Note that getting jail is extremely unlikely. Usually the biggest issue is making sure it comes off your record. The "Double Parking" is a civil infraction, the same as a traffic ticket. If this is your plea, you plea "responsible" instead of guilty and it is not considered a criminal conviction. The city may agree to do this because under this ordinance, Romulus gets to keep the fine amount. Note that the motion for the Destruction of Fingerprint card and arrest record is a motion that your defense attorney can bring to have information related to your arrest destroyed. While technically the judge by law is not required to sign it, many judges will if asked.

Asker

Posted

Thank you kindly for the very prompt response. To the best of my recollection, fingerprints were never taken, though my photo was. However, I agree this would ultimately be a great scenario for me as future employers in my field do and will utilize FBI background checks when considering offering employment. I would hate to have any of this matter in any record whatsoever. Your response was very useful. Thank you.

Scott Matthew Aaronson

Scott Matthew Aaronson

Posted

I am glad you found my response helpful. If you have any other questions, please feel free to contact me.

Asker

Posted

Perfect. I left a message with your secretary earlier today and looking forward to hearing back from you tomorrow. Thank you much.

Posted

I was simply going to say that the obvious answer to your question would be to engage the services of a skilled criminal defense attorney in the area. Coincidentally while I was pondering my response one such attorney has already responded. I would highly recommend that you get in touch with Attorney Aaronson. He is one of several highly skilled criminal practitioners in Michigan who participate here. Most of us offer free, if limited, consultations. Take advantage of that to talk to as many as you need to find one with whom you are comfortable. Good luck.

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Asker

Posted

I very much appreciate you taking the time to respond and offer the recommendation.

William A. Jones Jr.

William A. Jones Jr.

Posted

You are very welcome and again good luck.

William A. Jones Jr.

William A. Jones Jr.

Posted

Now you've got two to interview. Talk to them both (or all three or all four as the case may end up being) is my recommendation.

Posted

Having practiced for quite a while just a few feet away from the 34th District Court in Romulus, I know a lot about that Court. First of all, you should read Michigan's Disorderly Person statute, MCL 750.167. You can Google it, and you will see that there are several theories under which a person can be guilty of this offense. The Prosecuting Attorney (City Attorney) for the City of Romulus is Kevin Watts, a very friendly, reasonable (and busy) guy. If you present well and have a known attorney, you should have no problem getting this charge reduced to something that you can live with. A sentence agreement with the Prosecutor in Michigan is called a Killebrew Agreement, and an agreement with the Court is called a Cobbs Agreement, but they are uncommon in District Courts. It should be very possible to get you a plea under advisement whereby the case would be dismissed upon successful completion of a short-term of non-reporting probation. All three judges, Green, Oakley, and Parrott are people that I have found to be very reasonable (Judge Oakley was in private practice for many years in Romulus and his father was Mayor - Judge Oakley has helped me much with my practice), and if the agreement is made with Mr. Watts (the Prosecutor), I have always knows the Judges to go along with it and never interfere with it.

- Brian J. Prain, Wayne County Criminal Defense Attorney - (248) 763-0641

THIS IS NOT INTENDED TO BE LEGAL ADVICE AND DOES NOT GIVE RISE TO AN ATTORNEY-CLIENT RELATIONSHIP. THE FACT THAT I HAVE ANSWERED THIS QUESTION DOES NOT, IN ANY WAY, MAKE ME YOUR LAWYER:)

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Brian Joseph Prain

Brian Joseph Prain

Posted

I should add that, assuming you are being charged by the City of Romulus, then the violation will not be under 750.167, but there is about a 90% chance that the Romulus City Ordinance will mirror the State law exactly.

Asker

Posted

Thank you very much for the response!

Posted

I have had great success in the past negotiating resolutions in Romulus to help individuals from out of the State avoid criminal convictions and to also not require the person to return to Michigan to address the matter. The obvious goal is to help you continue to keep your clean record. What actually occurred on the date in question is important. You will need an experienced lawyer to help you get through this.

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